71-201. Boards of trustees; powers and duties.
71-201
71-201. Boards of trustees; powers andduties.(a) The board of trustees, in accordance with the provisions of lawand the rules and regulations of the state board ofregents, shallhave custody of and be responsible for the property of the communitycollege and shall be responsible for the operation, management andcontrolof thecollege. The board of trustees shall hold at least one regular meetingeach month at a time prescribed by the board. The board shall make anannual report in the manner prescribed by the state board ofregents.Members of the board of trustees shall be paid subsistence allowances,mileage and other actual and necessary expenses incurred in the performanceof their official duties.
(b) For effectuation of the purposes of this act, the board oftrustees in addition to such other powers expressly granted to it by lawand subject to the rules and regulations of the state board ofregents is hereby granted the following powers:
(1) To select its own chairperson and such other officers as it maydeem desirable, from among its own membership. The secretary may bechief administrative officer of the college.
(2) To sue and be sued.
(3) To determine the educational program of the college subject toprior approval thereof as provided in this act and to grant certificatesof completion of courses or curriculum.
(4) To appoint and fix the compensation and term of office of apresident or chief administrative officer of the college.
(5) To appoint upon nomination of the president or the chiefadministrative officer members of the administrative and teachingstaffs, to fix and determine within state adopted standards theirspecifications, define their duties, and to fix their compensation andterms of employment. No community college teacher shall be required tomeet licensure requirements greater than thoserequired in thestate educational institutions.
(6) Upon recommendation of the chief administrative officer, toappoint or employ such other officers of the college, agents andemployees as may be required to carry out the provisions of law andto fix and determine within state adopted standards theirqualifications, duties, compensation, terms of office or employment andall other items and conditions of employment.
(7) To enter into contracts.
(8) To accept from any government or governmental agency, or fromany other public or private body, or from any other source, grants orcontributions of money or property which the board may use for or in aidof any of its purposes.
(9) To acquire by gift, purchase, lease-purchase, condemnation orotherwise, and to own,lease, use and operate property, whether real, personal, or mixed, orany interest therein, which is necessary or desirable for communitycollege purposes. Any lease-purchase agreement entered into under authorityof this subsection shall besubject to the conditions set forth inK.S.A. 10-1116c, and amendments thereto. Theterm of any lease entered into under authority ofthis subsection may be for not to exceed 10 years. Such lease mayprovide for annual or other payment of rent or rental fees and mayobligate the community college to payment of maintenance orother expenses. Any lease or lease-purchase agreement entered into underauthority ofthis subsection shall be subject to change or termination at any time bythe legislature. Any assignment of rights in any lease orlease-purchase made under this subsection shall contain a citation of thissection and arecitation that thelease or lease-purchase agreement and assignment thereof are subject tochange ortermination by the legislature. To the extent that the provisions of thecash-basis andbudget laws conflict with this subsection in such a manner as to preventthe intention of this subsection frombeing made effective, the provisions of this subsection shall control. Thisprovision is subject to the provisions of subsection (d).
(10) To enter into lease agreements as lessor of any property, whetherreal, personal, or mixed, which is owned or controlled by the communitycollege. Any such agreement may specify the purposes for which the propertymay be used, require that the property be maintained and operated by thelessee,and may contain such restrictions orlimitations on the use of the property, be entered into for such period oftime, and include such other terms and conditions as the board of trusteesdetermines to be necessary and proper. Every such agreement shall be subjectto change or termination at any time by the legislature. Any assignment ofrights under any such agreement shall be subject to approval by the board oftrustees and shall contain a citation of this section and a recitation that thelease agreement and assignment of rights thereunder are subject to change ortermination by the legislature.
(11) To determine that any property owned by the college is nolonger necessary for college purposes and to dispose of the same in suchmanner and upon such terms and conditions as provided by law.
(12) To exercise the right of eminent domain, pursuant tochapter 26of Kansas Statutes Annotated.
(13) To make and promulgate such rules and regulations, notinconsistent with the provisions of law or with rules andregulations of the state board of regents, that arenecessary andproper for the administration and operation of the community college, and fortheconduct of the business of the board of trustees.
(14) To exercise all other powers not inconsistent with theprovisions of law or with the rules and regulations of the stateboard of regents which may be reasonably necessary orincidental tothe establishment, maintenance and operation of a community college.
(15) To appoint a member to fill any vacancy on the board oftrustees for the balance of the unexpired term. When a vacancy occurs,the board shall publish a notice one time in a newspaper having generalcirculation in the community college district stating that the vacancyhas occurred and that it will be filled by appointment by the board notsooner than 15 days after such publication.
(16) To contract with one or more agencies, either public orprivate, whether located within or outside the community collegedistrict or whether located within or outside the state of Kansas forthe conduct by any such agencies of academic or vocational education forstudents of the community college, and to provide for the payment to anysuch agencies for their contracted educational services from any fundsor moneys of the community college, including funds or moneys receivedfrom student tuition and fees, funds receivedfromthe state of Kansas or the United States for academic or vocationaleducation, or taxes collected under K.S.A. 71-204, andamendments thereto. Any contract made under thissubsection with an institution of another state shall be subject to theprovisions of K.S.A. 71-202, and amendments thereto.
(17) To authorize by resolution the establishment of a pettycashfund in an amount not to exceed $1,000, and todesignate in such resolution an employee to maintain such petty cashfund. The employee designated in any resolution provided for in thissubsection receiving such funds shall keep a record of all receipts andexpenditures from the fund, and shall from time to time, and at the endof the fiscal year, prepare a statement for the board showing allreceipts, expenditures, and the balance in the petty cash fund. Theboard of trustees may authorize the employee designated to maintain anypetty cash fund to make a claim for replenishment of the fund to itsoriginal amount in advance of approval by the board of trustees if, at anytime during the period between regular monthly meetings of the board oftrustees, the balance remaining in the fund is insufficient to make neededexpenditures for any purpose for which the petty cash fund is maintained. Nopetty cashfund may be replenished more than one time during each period betweenregular monthly meetings of the board of trustees. If a petty cash fund isreplenished prior to the end of the fiscal year in accordance with theforegoing authorization, the employee authorized to maintain the petty cashfund shall keep an accurate record of all expenditures made therefrom, and thepurposetherefor, and shall submit the record to the board of trustees at the nextregular monthly meeting thereof. Thepetty cash fund shall be replenished by payment from the appropriatefunds of the community college to the petty cash fund uponproper claim. The fund shall be kept separate from all other funds and shall beused only for authorized expenditures and itemized receipts shall be taken foreach expenditure. No part of such fund may be loaned or advanced against thesalary of an employee. All employees entrusted with such funds under thissubsection shall be bonded by the community college district.
(c) Subject to the provisions of subsection (d), the board oftrustees may purchase or otherwise acquire land orland and improvements and may acquire, construct, reconstruct, repair orremodel improvements thereon or additions thereto, includingfurnishings, equipment, and architectural and incidental expense relatedthereto, and for such purposes the board of trustees is authorized toissue and sell general obligation bonds, the cumulative total not toexceed the following amounts: Where the community college district has ataxable tangible valuation of less than $90,000,000 or is located in a countydesignated as urban under theprovisions of K.S.A. 19-3524, and amendments thereto,not to exceed 5% of thetaxable tangible property of the community college district, and wherethe community college district has a taxable tangible valuation of morethan $90,000,000 not to exceed 3% except as provided above for any communitycollege district locatedin a county designated as urban under the provisions of K.S.A. 19-3524,and amendments thereto, of the taxable tangible property of the communitycollege district. If any increase in the valuation of a community collegedistrict results in an outstanding bonded indebtedness in excess of thatprovided in this subsection, such increase shall not constitute a violationof this subsection. No such bonds shall be issued until the question of theirissuance shall have been submitted to a vote of the electors of thecommunity college district at a regular election or at a specialelection called for that purpose and the majority of the electors votingon the proposition in such community college district shall have votedin favor of the issuance of the bonds. Such election shall be called, noticedand held and the bonds issued, sold, delivered and retired inaccordance with the provisions of the general bond law except as hereinotherwise expressly provided.
(d) The board of trustees of a community college maypurchase orotherwise acquire land or land and improvements within:(1) The community college district; or (2) the servicearea of the community college. Nothing inthis subsection shallbe construed or operatein any manner to require a board of trustees to sell, convey or otherwisedispose of land or land and improvements located outside the community collegedistrict or the service area of the community college and owned or beingacquired by thecommunity college onthe effective date of this act.
For the purposes of this subsection, "service area" means [a]designated geographic area of the state established pursuant to agreement ofthepresidents of the community colleges and adopted in policy by the state boardof regents.
History: L. 1965, ch. 417, § 14;L. 1969, ch. 310, § 52;L. 1972, ch. 267, § 1;L. 1973, ch. 273, § 1;L. 1978, ch. 277, § 1;L. 1980, ch. 207, § 2;L. 1981, ch. 269, § 1;L. 1984, ch. 256, § 1;L. 1990, ch. 251, § 1;L. 1990, ch. 252, § 1;L. 1991, ch. 213, § 1;L. 1996, ch. 269, § 3;L. 1999, ch. 147, § 26;L. 2005, ch. 69, § 2;L. 2009, ch. 93, § 1; July 1.