1. The State Constitution of 1963 provides the basis for community and junior colleges throughout Michigan.
2. The Legislature provides by law for the establishment and financial support of public community and junior colleges, which will be supervised an controlled by locally elected boards.
3. The Michigan Legislature, in fulfilling its constitutional mandate, passed the Community College Act of 1966 ("CCA"), which outlines the powers and duties of boards of trustees.

Under the CCA, the Board is responsible for the care and custody of College property and for providing suitable facilities for the College. The CCA also grants certain powers and responsibilities. These include the ability or requirement to:

• accept financial assistance from the United States or any agency thereof,
• accept private property as gifts,
• adopt bylaws, rules, and regulations for its own governance and that of the College,
• borrow money and issue notes or bonds, subject to the CCA and the Debt & Continuing Disclosure policy.
• certify claims and demands against the Board or College for payment,
• conduct an annual audit of College accounts by a certified public accountant, and make the audit reports available for public inspection.
• enter into installment purchase contracts,
• establish a fiscal year that starts on July 1
• establish and carry on educational programs,
• establish and collect tuition and fees,
• establish and maintain vocational-technical departments,
• establish education programs,
• grant a baccalaureate degree in specific fields,
• maintain a library or museum,
• pay for property using College funds,
• prepare an estimate of taxes or appropriations necessary for the fiscal year (“Estimated Sources of Revenue”)
• purchase, lease, or build real and personal property,
• select and employ administrative officers, teachers, and other employees, including appoint a business manager responsible to the President.
• sell or exchange property that is no longer needed.
• take over the operation of community colleges or vocational-technical departments

The Board is authorized to employ a chief executive officer (the "President") of the College and delegate certain of the above authorities to the President.

(Note that the above is a summary and may not include all the details of the CCA.)

The Board has delegated to the President the following authorities:

1. Acceptance of Federal and State grants, including fund matching grants, so long as the acceptance is reported to the Board at the next regular meeting. Applications for grants and final acceptance of grants must be noted in the minutes of the Board meetings.
2. Authority to bind the College to certain external agreements, as documented in the Authority to Bind policy.
3. Authority to certify claims and demands against the Board or College for payment, subject to the Authority to Bind policy.
4. Authority to enter into use and rental agreements with community groups for use of College facilities, including determining rates charged and priorities use.
5. Conducting an annual audit of College accounts by a certified public accountant, and making the audit reports available for public inspection.
6. Contacting the Benton Township Police Department to have them issue tickets for traffic control of specified areas, particularly College fire lanes to enable the police to come on campus on an “on call” basis (see Traffic policy).
7. Ensuring that the CFO or designee makes financial reports at most regularly scheduled Board meetings.
8. Establishing and collecting tuition and fees, in accordance with the Tuition & Fee Approval policy.
9. Establishing and maintaining vocational-technical departments,
10. Maintenance of a library.
11. Paying for property using College funds, subject to the Authority to Bind policy.
12. Purchase, lease, or build real and personal property, subject to the Authority to Bind policy.
13. Select and employ administrative officers, teachers, and other employees, including appointing a business manager responsible to the President.
14. Selling or exchanging property that is no longer needed.

New policies or substantially modified policies must be adopted/approved by the Board at a regular meeting of the Board by a majority vote of the Board members. Such policies may be voted on at any meeting following their presentation.

College policies are to be available to the College community and the public. Those related to students must also be in the College catalog and/or the Student Handbook. Policies must be available to employees on the College intranet as well as posted on the College website.

The Lake Michigan College Foundation (the "Foundation") was established for the purpose of accepting gifts on behalf of the College. In the rare instance that a gift, at the donor’s request, is made directly to the College, the College will defer to the acceptance guidelines in the Foundation’s Gift Acceptance policy. The Board at its discretion may choose to accept or reject gifts made to the College instead of the Foundation.

1. The Board, consisting of 7 members, is elected at large in the district at the Michigan general elections. Members are elected for 6-year terms of office that are staggered so that 2 and sometimes 3 expire each 2 years.
2. Regular terms of office commence on January 1, following the date of the general state election.
3. The general election laws of the state govern all elections.

1. Any qualified elector residing in the District is eligible to be chosen as a Board member.
2. An elector of a District must possess the following qualifications:
   • United States citizenship
   • 18 years of age
   • Resident of Michigan for 6 months
   • Resident of the District for 30 days
3. Candidates for membership are nominated by petition as specified in the appropriate election laws. The nominating petitions of those seeking election to the Board of a community college must be filed not later than 4:00 pm on the 60th day prior to the date of the general election. The county clerk will provide the necessary information to candidates.
4. The candidate for each term of office receiving the highest number of votes cast is elected. A certificate of election will be delivered to the candidates by the Board of Canvassers.
5. Within 15 days after appointment or the final canvass of the election, each person elected or appointed as a trustee must file with President’s Office the following:
   • Oath of Office
   • Acceptance of Office
   • Affidavit of Eligibility for Office
6. The office of a trustee becomes vacant immediately without declaration of any officer or the Board or its members upon: death of the incumbent; a court adjudicating insanity or mental incompetence; resignation; removal from office; conviction of a felony; election or appointment being declared void by a competent tribunal; refusal or neglect to file acceptance of office, or refusal or neglect to take and subscribe to the constitutional oath of office and deposit the same in the manner and within the time prescribed by law; and/or ceasing to possess the legal qualifications for holding office, including the residence qualification.
7. Whenever a vacancy in the Board occurs, the remaining Board members by majority vote are empowered to fill the vacancy with a qualified elector of the District. Any person so appointed holds office until the next regular College election, at which time the electors of the District fill the office for the unexpired portion of the term.

The Board officers are: Chair, Vice-Chair, Secretary, and Treasurer. No person can be elected to 2 consecutive terms as Chair or Vice-Chair. If a Vice-Chair assumes the role of Chair during the Chair’s term, the Vice-Chair is still eligible to be elected to the Chair role for the next term.

The Chair

• The Chair is elected by the members of the Board from among their number and serves for 2 years.
• The duties of the Chair are to preside at all meetings of the Board, to perform all duties prescribed by law and as directed by the Board, and to preserve order and to enforce rules. The Chair appoints all Board committees unless otherwise ordered by the Board.
• The Board Chair and the Treasurer are jointly authorized to pay approved expenditures. Checks drawn against College accounts will be valid only when the authorized electronic signatures of both the Board Chair and the Treasurer are present.
• In addition to the duties prescribed by law or by rules of the Board, the Chair exercises such other powers as properly pertain to the office or as may be delegated by the Board.

The Vice-Chair

• The Vice-Chair of the Board is elected by the members therof from among their number and serves for two years.
• They perform the duties of the Chair in the absence of the Chair, or in case of refusal to perform duties.
• They perform other functions as designated by the Board.

Secretary

• The Secretary is elected by the members of the Board from among their number and serves for 2 years.
• The Secretary is responsible for ensuring that records of meetings are maintained, that legal notices are posted, and that legal documents and records of the Board are available for public inspection.
• If the Secretary is temporarily incapacitated or refuses to perform their duties, a Secretary pro tempore, who must be a member of the Board, may be appointed by the presiding officer, subject to Board approval.
• The Secretary performs the duties usually pertaining to their office and as are imposed by action of the Board.

Treasurer

• The Treasurer is elected by the members of the Board from among their number and serves for 2 years.
• The Treasurer is charged generally with overseeing the management and reporting of College finances and serving as Chair of the Finance Committee. In addition, the Treasurer is to work with the President and the Chief Financial Officer (CFO) to ensure that appropriate financial reports are made available to the Board on a timely basis and that the annual budget and audit reports are presented to the Board for approval.
• The Board Chair and the Treasurer are jointly authorized to pay approved expenditures. Checks drawn against College accounts will be valid only when the authorized electronic signatures of both the Board Chair and the Treasurer are present.

The Secretary to the Board of Trustees

The Executive Assistant to the President will act as the Secretary to the Board. They are responsible for posting legal notices, maintaining records of the Board for public inspection, sending the minutes of the preceding Board meeting to each trustee prior to the next meeting; and notifying the Board of meetings.

No member of the Board will receive compensation for their services as a member or an officer. Trustees may be reimbursed for expenses incurred in performance of Board functions approved by the Board in accordance with the  Board Member Expense Reimbursement policy.

See the Board of Trustees Conflict of Interest policy.

• Standing Committees – The Finance Committee is currently the only standing committee; see the Finance Committee Charter policy.
• Special Committees of the Board – The Board may appoint special committees. A special committee reports recommendations to the Board for appropriate action. A special committee is dissolved when its report is accepted by the Board. All special committees are nominated by the Chair of the Board, who serves as an ex-officio member of the committee.
• The Board may meet as a committee of the whole to review and appraise existing policies and College operations as occasion requires.

Organizational Meeting

The Board will meet for organization on the 1st Monday in January following the date of the regular community college election. This meeting may be rescheduled at the discretion of the Chair and
the Secretary in consultation with the President.

Regular Meetings

Each year, the Board will announce the dates, times, and places of regular meetings. A meeting may be rescheduled at the discretion of the Chair and the Secretary in consultation with the President. An
adjourned regular meeting may be reconvened for the transaction of business normally scheduled for the regular meeting.

Special Meetings

Special meetings may be called by the Chair or by any 3 trustees by giving notice thereof in writing of the time, place, and purpose of the meeting.

Public notice requirements-

• For regular meetings, a public notice stating the dates, times, and places of its regular meetings must be posted within 10 days after the first meeting of the Board in each calendar or fiscal year.
• For a change in schedule of regular meetings, a public notice stating the new dates, times, and places of its regular meetings must be posted within 3 days after the meeting at which the change is made.
• For a rescheduled regular or a special Board meeting, a public notice stating the date, time, and place of the meeting must be posted at least 18 hours before the meeting.
• A meeting that is recessed for more than 36 hours must be reconvened only after public notice has been posted at least 18 hours before the reconvened meeting.

Transaction of Business

No business may be transacted except that for which the meeting is called, which must be stated in the agenda.

The Board will transact all business at public legal meetings of the Board. No trustee will have power to act in the name of the Board outside of Board meetings.

Quorum

By statute, a majority of the full membership of the constitutes aquorum unless otherwise provided. When the vote is taken on any motion before the Board, the quorum present, a majority of the members voting will determine the outcome thereof, provided there are at least 4 affirmative votes. A quorum must be physically present to satisfy the requirement for a Board meeting to take place.

The Board may conduct a meeting under the Open Meetings Act without all participants being physically present in the same room. The meeting would be held through a speakerphone and audible to everyone in the room. (Goode vs. Department of Social Services 143Mich App 756 1985 and Office of Attorney General, no. 6835 January 13, 1995 provide for participation by a Board member in a Board meeting by telephone.)

Obligation to Vote

Every member present is obligated to vote on all questions, motions, and resolutions submitted for action, unless the member advises the Chair of the desire to abstain. Whenever the vote is a tie, the
question will be considered lost. The names of those voting yea or nay will be recorded, if desirable, through a roll call vote.

Place of Meeting

Board meetings will be held at College offices, unless a different place is designated by resolution or in a notice of a special meeting.

Order of Business

The usual order of business of the Board is as follows:

1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Setting of the Agenda
5. Approval of Minutes
6. Petitions and Communications from the Floor
7. Reports
8. Old Business
9. New Business
10. Informational Items
11. Miscellaneous
12. Adjournment

Motions

Rules of motion of the Board are as follows:

• A motion is out of order while another motion is being discussed unless it is an amendment to the motion under consideration. Exceptions are the motion to adjourn, to table a previous motion, or refer the motion being discussed.
• A copy of all motions will be carefully recorded, as well as the names of those who make motions and those who support motions.

Discussions

Discussions at Board meetings are conducted as follows:

• When non-Board members address the Board, the Chair will allot such person not more than 5 minutes for a report and 5 minutes for other business, unless the time is increased /decreased by majority consent of the Board.
• When Board members discuss a matter:
  • The member first addresses the Chair, then the entire membership in an audible voice.
  • The Chair may stop any discussion which does not apply to the motion last made and may stop the discussion of a matter if the Board has previously agreed to confine discussion to a definite period of time, and that period of time has expired.
  • Aside from such limitation, a member may speak without interference for such period as he or she deems necessary.

Call for a Vote

Any member of the Board may call for a vote on any question under discussion. Such a call may be overcome by a majority of Board members present.

Except as provided above, the rules of parliamentary procedure in Robert’s Rules of Order will govern the Board in its deliberations. Rules may be suspended at any meeting by a majority vote of members present.

Rules regarding citizen participation in Board meetings are as follows:

1. Meetings of the Board are to be open to the public.
2. Citizen communications to the Board must be addressed to the Board.
3. Citizens who wish to present any matter of concern to the College are required to make written request to the Secretary of the Board at least 1 week prior to the meeting. This will be presented under Miscellaneous in the agenda.
4. Under special circumstances, and with the consent of a majority of the Board, the Chair may give visitors who have not presented a written request an opportunity to present to the Board. The Chair will allot a visitor, at the appropriate time, not more than 3 minutes unless the time is increased or decreased by the consent of the Board.

Rules related to the minutes of the proceedings of Board meetings are as follows:

• Minutes of the Board proceedings are prepared under the guidance of the Secretary and emailed by the Executive Assistant to the President to the members, when possible, at least 2 working days before the time of the next meeting.
• Action on the minutes of the preceding meetings will be approved by the Board as the first official act of the regular meeting. Approved minutes are signed by the Chair and the Secretary of the Board.
• The official minutes are available electronically from the President’s office, on the College website, and in the College library under the direction of the Secretary of the Board.

Records of meetings of the Board are available to citizens for inspection at the College President’s office during business hours, may be found in the College library, or viewed on the College’s website.