Hagerstown CoIIlIIlunity College
Board of Trustees Pohcy Manual July 1� 2023
H AGERSTOWN C OMMUNITY C OLLEGE B OARD OF T RUSTEES J ULY 1, 2023
Chair Mr. L. William Proctor, Jr. Term: 2012 – 2025 Vice-Chair Ms. Paula Lampton Term: 2016 – 2028 Members Mr. Austin S. Abraham Term: 2008 – 2026
Ms. Carolyn W.Brooks Term: 1993 – 2029
Mr. Thomas Newcomer Term: 2021 -2027
Mr. Gregory I. Snook Term: 2007 – 2025
Mr. John D. Williamson Term: 2012 – 2024
Hagerstown Community College Board of Trustees Policy Manual July 1, 2023
TRUSTEES POLICY MANUAL TABLE OF CONTENTS
Section
Series 1000 - Legislation Annotated Code of Maryland: Education Division III, Higher Education; Title 16, Community Colleges Organization and Government of Community Colleges.............................. 1010 Fiscal Matters ............................................................................................... 1020 HCC Police Department ............................................................................... 1030 Trustees County Residency Requirement.................................................... 1040 Series 2000 - Board of Trustees Bylaws ........................................................................................................... 2010 Temporary Amendment to Bylaws.............................................................2010A Special Rule of Order to Permit the Use of Consent Agendas .................... 2011 Mission, Vision, and Strategic Commitments.............................................. 2020 Board of Trustees and President Conflict of Interest .................................. 2025 Trustees Position Description....................................................................... 2035 Policy Creation and Review.......................................................................... 2040 Trustees Reimbursement for College-related Expenses.............................. 2050 Entry Assessment and Course Placement ................................................... 3006 Credit Tuition................................................................................................ 3010 Student and Community Fee Schedule........................................................ 3020 Make-up Exam Fee ....................................................................................... 3021 Paper Cut Program ....................................................................................... 3023 Student Residency Tuition Policy................................................................. 3040 In-County Resident Status for Students Displaced by Natural Disasters. 3041 Tuition Rate Discounts for Dual Credit Students ....................................... 3060 Maryland National Guard Tuition Discount ............................................... 3070 Series 3000 – Admissions, Tuition / Fees Assessment Admissions Policy.......................................................................................... 3005 Tuition Discount for Out of State Veterans Using VA Benefits.................. 3075 Victims of Human Trafficking Tuition Discount ......................................... 3078
Series 4000 – Instruction and Student Services Institutional Student Learning Outcomes................................................... 4001 Degree Types and Related Distribution of Credits...................................... 4005 Limitation on Majors/Programs ................................................................... 4006 General Education Policy ............................................................................. 4010 Involuntary Student Course Withdrawal .................................................... 4011 Pass or Satisfactory Grade Transfer Credits............................................... 4012 Repeating a Course ....................................................................................... 4013 Discontinued Credit Programs ..................................................................... 4014 Multiple HCC Credit Credentials ................................................................ 4015 Workplace Learning...................................................................................... 4016 Independent Study Credit Courses.............................................................. 4018 Student GPA Calculation ............................................................................. 4020 Dean’s List Eligibility ................................................................................... 4021 Online Degree, Certificate, and Letter of Recognition Programs ............... 4022 Student Success and Integrity of Web-based Courses & Programs............ 4023 Alternative Methods for Earning College Credit......................................... 4025 Academic Program Review ........................................................................... 4026 Meal Allowance for Student Athlete Travel ................................................ 4034 Intercollegiate Athletic Programs ................................................................ 4035 Student Organization Policy ........................................................................ 4036 Heroin and Opioid Addiction and Prevention.............................................. 4039 Code of Student Conduct .............................................................................. 4040 Student Drug and Alcohol Abuse Policy ...................................................... 4041 Free Speech and Anti-Discrimination Policy............................................... 4042 Hazing Policy................................................................................................. 4043 Academic Integrity........................................................................................ 4045 General Grievance Policy for Students ........................................................ 4060 Athletic Programs and Activities Grievance Policy..................................... 4061 Student Government Association Constitution........................................... 4070 Furlough Policy ............................................................................................. 5002 Equal Employment Opportunity .................................................................. 5003 Employee Guidance and Progressive Discipline.......................................... 5004 Employee Performance Evaluations ............................................................ 5005 Dismissal of Employees ................................................................................ 5006 Employee Grievance ..................................................................................... 5007 Compensation Policy..................................................................................... 5010 Retiree Health Benefits ................................................................................ 5019 Employee Benefits Policy.............................................................................. 5020 Employee Sick Leave Bank Policy................................................................ 5021 Series 5000 – Employees General Human Resources Policy Statement.............................................. 5001 Healthy Working Families Policy................................................................. 5022 Employment, Responsibilities, and Professional Conduct.......................... 5031
Code of Trust ...............................................................................................5031A Discrimination, Hate Crimes, and Biased Incident Reporting ................... 5032 Conflict of Interest Policy ............................................................................. 5035 Administrative Staff and Faculty Sabbatical Leave ................................... 5040 Employee Leave ............................................................................................ 5041 Family and Medical Leave............................................................................ 5042 Military Leave – Reserve Training and Active Duty................................... 5043 Carry Over Vacation ..................................................................................... 5044 Full-time Faculty Load, Promotion, and Tenure Policy.............................. 5050 Faculty Professional Development............................................................... 5051 Contact Hour to Academic Credit Policy...................................................... 5052 Team Teaching Contact Hours..................................................................... 5053 Flexible Scheduling for Full-Time Faculty .................................................. 5055 Telework Policy ............................................................................................. 5056 Comprehensive Emeritus Policy .................................................................. 5070 Alternate Contributory Pension Selection Plan (ACPSP)........................... 5081 Professional Development and Employee Education Assistance................ 5091 Drug/Alcohol Free Environment .................................................................. 5092 Use of Computing, Network, and Communications Resources................... 5093 Intellectual Property..................................................................................... 5095 Series 6000 – Business Office Opportunity Fund ......................................................................................... 6010 Purchasing Policies ....................................................................................... 6020 Food Service and Campus Store Pricing...................................................... 6021 Veterans and Campus Store Purchase Policy.............................................. 6022 Audit Committee Charter............................................................................. 6025 Appointment of External Auditors............................................................... 6030 Cash Receipts Policy ..................................................................................... 6035 Debt Policy..................................................................................................... 6037 Asset Capitalization and Inventory Control ................................................ 6039 Investment Policy.......................................................................................... 6040 GASB 75 ........................................................................................................ 6045 Identity Theft Prevention Program.............................................................. 6060 Personal Loans and Cash Advances............................................................. 6070 Leasing of Real Property or Chattel............................................................. 6080 Series 7000 – Continuing Education and Community Services Continuing Education Tuition and Fees...................................................... 7010 Facilities Rental and Usage by Outside Organizations .............................. 7060 Dental Education Clinic Patient Bill of Rights............................................ 7080 Library Use by Non-HCC Users................................................................... 7050
Series 8000 – General College Policies Governing Authority for Campus Police Force ............................................ 8005 Criminal Background Checks ....................................................................... 8006 Shared Governance Model............................................................................ 8010 Alcohol Possession and Uses on Campus Property ..................................... 8020 Tobacco-Free Policy....................................................................................... 8030 Bloodborne Pathogens .................................................................................. 8040 Communicable Disease................................................................................. 8041 Hazard Communication Plan ....................................................................... 8042 Parking and Traffic Policy............................................................................ 8050 College Vehicle Use....................................................................................... 8055 Naming Facilities.......................................................................................... 8060 Campus Sponsorship Opportunities ............................................................ 8064 Arboretum and Campus Gardens................................................................. 8065 Political Activity on Campus ........................................................................ 8067 Expressive Activity Policy ............................................................................ 8068 Commercial Solicitation Policy..................................................................... 8069 Campus and Workplace Violence ................................................................. 8070 Sexual Misconduct ........................................................................................ 8071 Information Technology Security Policy ...................................................... 8073 Copyright Infringement................................................................................ 8074 Information Technology Hardware and Software Standards ..................... 8075 Library Development Policy ......................................................................... 8076 Volunteer Corps ............................................................................................ 8080 Cultural Diversity Plan ................................................................................ 8090 Social Media Use & Personal Electronic Account Privacy Protection ........ 8095 Firearms Policy ............................................................................................. 8096 Appendix of Board Information Items Appendix A - Maryland State Regulatory Agencies (Maryland Higher Education Commission and Others) Sexual Harassment.....................................................................................8070A
Appendix B - Middle States Commission on Higher Education Appendix C - Maryland Association of Community Colleges Appendix D - Association of Community College Trustees Appendix E - Hagerstown Community College History Appendix F - Master List of HCC Trustees – 1946 to Present
Policy 1010
Md. EDUCATION Code Ann. § 16-101
Statutes current through legislation effective November 6, 2020
§ 16-101. Board of community college trustees
(a) Established in counties with community colleges. -- There is a board of community collegetrustees in each county that has one or more community colleges. (b) Establishment in counties without community colleges. -- (1) The governing body of any county that does not have a community college may request permission to establish one from the Maryland Higher Education Commission. (2) On recommendation of the Commission, the Governor shall appoint a board of community college trustees for that county. (c) Composition. -- Except as provided in Subtitle 4 of this title, each board is composed ofseven members appointed by the Governor, with the advice and consent of the Senate. (d) Term and vacancies. -- (1) Except as provided in Subtitle 4 of this title, each member serves for a term of 6 years from July 1 of the year the appointment is made and until a successor is appointed and qualifies.These terms are staggered, and of the initial appointments to a board, five shall be for terms of 1 to 5 years respectively, and two shall be for terms of 6 years. (2) A member appointed to fill a vacancy in an unexpired term serves only for the remainderof that term and until a successor is appointed and qualifies. (3) A member may be reappointed. Md. EDUCATION Code Ann. § 16-102 § 16-102. Officers; meetings (a) Officers. -- Each board of trustees: (1) Shall elect one of its members as its chair; (2) Except as provided in § 16-105(g) of this subtitle, shall choose the president of one ofthe county community colleges to serve as secretary-treasurer of the board; and (3) May elect any other officer it requires. (b) Meetings. -- Each board shall determine the time and place of its meetings and may adoptrules for the conduct of its meetings.
Md. EDUCATION Code Ann. § 16-103
§ 16-103. Powers of board of trustees (a) In general. -- In addition to the other powers granted and duties imposed by this title, andsubject to the authority of the Maryland Higher Education Commission, each board of community college trustees has the powers and duties set forth in this section. (b) Establishment and operation. -- With the approval of the Maryland Higher Education Commission, each board of trustees may establish and operate one or more communitycolleges. (c) General control; rules and regulations. -- Each board of trustees shall exercise general control over the community college, keep separate records and minutes, and adopt reasonable rules, regulations, or bylaws to carry out the provisions of this subtitle. (d) Salaries and tenure. -- Each board of trustees may fix the salaries and tenure of thepresident, faculty, and other employees of the community college. (e) Acquisition of property. -- Each board of trustees may purchase, lease, condemn, orotherwise acquire any property it considers necessary for the operation of the community college. (f) Disposition of property. – (1) Each board of trustees may sell, lease, or otherwise dispose of community college assetsor property. (2) Except as provided in § 16-105(h) of this subtitle, the president of the community collegeand the chair of the board of trustees may execute a conveyance or other legal document under an appropriate resolution of the board. (g) Cooperative use of facilities with board of education. -- Each board of trustees may: (1) With the approval of the Commission, permit the county board of education to use the lands, buildings, or other facilities of the community college; and (2) With the approval of the county board of education, use any land, buildings, assets, orother facilities of the county board of education. (h) Gifts and grants. -- Each board of trustees may apply for and accept any gift or grant fromthe federal government or any other person. (i) Entrance requirements; curriculum. -- Subject to the minimum standards of the Commission, each board of trustees may determine entrance requirements and approve offerings thatconsist of: (1) Transfer programs offering the equivalent of the first 2 years of a bachelor's degree program; (2) Career programs offering technical, vocational, and semiprofessional education;and Continuing education programs. (j) Student fees. -- Each board of trustees may charge students reasonable tuition and fees set byit with a view to making college education available to all qualified individuals at low cost. (k) Suits. -- Each board of trustees may sue and be sued. (l) Agreements. -- Each board of trustees may make agreements with the federal government or any other person, including agreements between counties to support a regional community college, if the board considers the agreement advisable for the establishment or operation of thecommunity college.
(m)Name. -- Except as provided in § 16-105(i) of this subtitle, each board of trustees shall be styled "the board of trustees of ..................................community (or junior) college". (n) Seal. -- Each board of trustees may adopt a corporate seal.
Md. EDUCATION Code Ann. § 16-104
§ 16-104. President (a) Appointment. -- Except as provided in § 16-105 of this subtitle, each board of trusteesshall appoint a president of each community college under its jurisdiction. (b) Duties. -- The president: (1) Shall report directly to the board of trustees; (2) Shall recommend the appointment by the board of qualified faculty members andother employees necessary for the efficient administration of the community college; (3) Shall recommend the discharge of employees for good cause; however, any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity tobe heard; (4) Is responsible for the conduct of the community college and for the administration and supervision of its departments; and (5) Shall attend all meetings of the board, except those involving the president's personalposition as president. Md. EDUCATION Code Ann. § 16-106 § 16-106. Waiver of tuition for certain students (a) Employees. -- Any full-time classified employee of a community college who enrolls, duringhis nonworking hours, in any class at the community college that has at least 10 regularly enrolled students: (1) Is exempt from payment of tuition; and (2) May not be counted in computing full-time equivalent enrollment at the communitycollege under § 16-305 of this title. (b) Persons 60 years or older. -- (1) (i) In this subsection, "tuition" means the basic instructional charge for courses offered ata community college. (ii) "Tuition" does not include: 1. Any fees or costs associated with a self-supporting program; or 2. Any fees for: A. Registration;
B. Application; C. Administration; or D. Laboratory work.
(2) Except as provided in paragraph (3) of this subsection, any resident of this State who is 60 years old or older and who enrolls in any class, which is eligible under § 16-305 of this title for State support, at the community college: (i) Shall be exempt from payment of tuition; and (ii) Shall be counted in computing full-time equivalent enrollment under § 16-305 of this title if enrolled in any class that is eligible for State support. (3) A community college is required to waive the tuition for a course for senior citizens under this subsection only when course space is available. (4) This subsection may not be construed to prohibit a community college board of trusteesfrom offering senior citizens other educational opportunities free of charge, provided that the senior citizen is not counted in computing full-time equivalent enrollment for the purpose of receiving State support. (c) Retired and disabled. -- (1) Any resident of this State who is out of the work force by reason of total and permanent disability who enrolls at a community college in a class that has at least 10 regularlyenrolled students: (i) Is exempt from payment of tuition: 1. For up to 6 credits per semester or up to 12 credits per semester if the individual is enrolled in classes as part of a degree or a certificate program designed to lead to employment; or 2. For continuing education instruction designed to lead to employment,including life skills instruction; and (ii) Shall be counted in computing full-time equivalent enrollment under § 16-305 of this title. (2) In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection shall provide the community college with certification from the Social Security Administration, the Railroad Retirement Board, or in the case of a former federal employee, from the individual's federal retirement or pension authority of the individual's: (i) Total and permanent disability; and (ii) Receipt of disability or retirement benefits based on a standard that is at leastas stringent as the standard applied by the Social Security Act. (3) Certification from the Social Security Administration of an individual's receipt ofdisability or retirement benefits under either Title II or Title XVI of the federal Social Security Act shall satisfy the requirement in paragraph (2)(ii) of this subsection. (4) (i) In order to receive this exemption, an individual who meets the requirements of paragraph (1) of this subsection and is enrolled in a degree or certificate programshall
submit a timely application for any State or federal student financial aid, other than a student loan, for which the student may qualify. (ii) Any student financial aid, other than a student loan, received by the student shallbe applied first to pay the student's tuition. (iii) Under this exemption, the waiver shall apply to the difference, if any, betweenthe charge for tuition and the financial aid award, not including a student loan, that the student receives. (iv) On request, the community college shall assist any individual required to submitan application for State or federal student financial aid under this paragraph. Md. EDUCATION Code Ann. § 16-107 § 16-107. Comprehensive liability insurance; defense of sovereign immunity (a) Comprehensive liability insurance. -- Each board of trustees may carry comprehensiveliability insurance to protect the board, its agents and employees, and the agents and employees of any community college under its jurisdiction. The purchase of the insurance is for an educational purpose and is a valid educational expense. (b) Standards for policies; coverage. -- The Commission may adopt standards for the policies, including a minimum liability coverage which may not be less than $ 100,000 per occurrence.Any policy purchased after the adoption of these standards shall conform to them. (c) Self-insurance; minimum coverage. -- Each board of trustees complies with this section if it is self-insured, for at least $ 100,000 and not more than $ 500,000 per occurrence, under the rulesand regulations of the State Insurance Commissioner. (d) Defense of sovereign immunity. -- This section does not prevent any board of trustees, on its own behalf, from raising the defense of sovereign immunity described under § 5-519 of the Courts and Judicial Proceedings Article. Md. EDUCATION Code Ann. § 16-108 § 16-108. Requests for proposals to offer certain baccalaureate degree programs (a) Submission and distribution of request. -- (1) A board of trustees may submit to the Commission a request for proposals for the offeringof a baccalaureate degree program not currently offered in the region. (2) The Commission shall distribute the request for proposals to public senior highereducation institutions and private nonprofit institutions of higher education. (b) Prerequisites for submissions. -- Before submitting a request for proposals under subsection(a) of this section, the board of trustees shall: (1) Seek input from students, workforce development councils, and other civic, educational, community, and business groups when assessing the educational needs of the region; (2) Determine the regional or statewide need for graduates of each program for which arequest for proposals is submitted;
(3) Identify the enrollment patterns, special characteristics of students, and otherunique circumstances that would require a program to be offered in a particular manner; and (4) Determine that the degree program is necessary to meet the academic and economic development needs of the region or State. (c) Submission to out-of-state senior high institutions. -- (1) The board of trustees may submit the request for proposals to out-of-state senior higher education institutions and for-profit institutions of higher education if none of the seniorhigher education institutions in the State submit an acceptable response to the request for proposals submitted under subsection (a) of this section. (2) Notwithstanding § 11-206(b)(2)(ii) of this article, before offering a degree program that is the subject of the request for proposals, an out-of-state senior higher education institution or for- profit institution of higher education shall seek the approval of the Commission under Title 11, Subtitle 2 of this article. (d) Regulations. -- The Commission shall adopt regulations to implement the requirements ofthis section. Md. EDUCATION Code Ann. § 16-109 § 16-109. Veterans resource centers at community colleges Each community college shall: (1) Ensure all student advisors are trained on the unique needs and resources available for students who are veterans; (2) Employ at least one employee who, as a component of the employee's job duties and responsibilities, provides comprehensive and intensive enrollment and advising servicesto
current and prospective students who are veterans; and (3) Establish a veteran’s resource center on campus to:
(i) Provide access to federal and State veterans resources; (ii) Serve as a quiet place for veterans to study; (iii) Enable veterans to connect to other veterans, helping them renew the bonds of military service; and (iv) Be the central hub for all activities on campus related to veterans.
Policy 1020
Md. EDUCATION Code Ann. § 16-301
§ 16-301. Budget
(a) Preparation . -- Each year, the board of trustees and the president of each community college shall prepare and submit to the county governing body or, in the case of aregional community college, the county governing body of each county that supports the regional community college: (1) An operating budget; (2) A capital budget; and (3) If required by local law, charter, or regulation, a long-term capital improvement program. (b) Contents of operating budget . -- The operating budget shall show: (1) All revenues estimated for the next fiscal year classified by funds and sourcesof income, including: (i) Any funds from federal, State, and local sources; and (ii) Any surpluses; (2) All expenditures requested, including the major functions listed under § 16-304(b) of this subtitle; and (3) Any other information or supporting data required by the county governing body. (c) Contents of capital budget. -- The capital budget and any long-term capital improvement program shall contain a statement of all capital revenues and expenditures. (d) Consideration of budgets . -- The capital and operating budgets shall be prepared and considered in accordance with county fiscal procedures not inconsistent with State law. (e) Action by county governing body -- Community colleges. -- The county governing body shall review and approve the budget of the community college and may reduceit. (f) Action by county governing body -- Regional community college. -- (1) The county governing bodies of the counties that support a regional community college jointly shall review the budget of the regional community college and mayreduce it. (2) Approval of the budget by a majority of the counties that support a regional community college constitutes approval of the budget and binds all the counties. (g) Submissions to Commission. -- (1) The budget of each community college, as approved by the county governing body under this section shall be submitted to the Commission for informational purposes. (2) Proposals for capital projects shall be submitted to the Department of Budget and Management through the Commission.
Md. EDUCATION Code Ann. § 16-302 § 16-302. Authority to borrow money for certain purposes
(a) In general . -- Notwithstanding any other provisions of this subtitle, and subject to funds being appropriated, the Board of Community College Trustees for Allegany County, Anne Arundel County, Baltimore County, Carroll County, Cecil County, the College of Southern Maryland, Chesapeake College, Frederick County, Garrett County, Hagerstown Community College, Harford County, Howard County, Montgomery County, Prince George's County, or Wor-Wic Community College may borrow money to acquire an interest in personal property, including fixtures, for the operation of the community college, on terms and conditions that the Board of Trustees considers proper. (b) Security. -- A borrowing under this section may be secured by the personal property acquired or revenues derived from the property. (c) Cancellation. -- All multiyear financing agreements reflecting borrowing under this section shall be subject to cancellation by the Board of Trustees at the end of a fiscal yearif sufficient funds are not appropriated to fund the agreement in subsequent years. (d) Debt not State or political subdivision obligation . -- (1) Borrowing under this section does not create or constitute a debt or obligation ofthe State or any political subdivision of the State other than a community college. (2) Borrowing under this section does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III,§ 34 of the Maryland Constitution. (e) Uses of borrowing. -- (1) This subsection does not apply to the Board of Community College Trusteesfor Garrett County. (2) (i) Borrowing under this section shall be for the use of financing intermediate term lease purchasing agreements. (ii) The term of any lease purchase agreement entered into under this section may not exceed the estimated life of the equipment subject to the financingagreement. (f) Lease purchase agreements. - - (1) The Board of Community College Trustees for Garrett County may enter into alease purchase agreement if the lease purchase agreement is consistent with the provisions of this section. (2) The term of any lease purchase agreement entered into by the Board of Community College Trustees for Garrett County may not exceed the estimated life of theequipment subject to the financing agreement.
Md. EDUCATION Code Ann. § 16-302.1
§ 16-302.1. Authority to issue notes (a) Definitions. --
(1) In this section the following words have the meanings indicated. (2) "Authority" means the Maryland Health and Higher Educational FacilitiesAuthority established under Title 10, Subtitle 3 of the Economic Development Article. (3) "Board" means: (i) A board of community college trustees established under § 16-101 of this title; (ii) A board of regional community college trustees established under § 16-202 of this title; (iii) The Board of Trustees of the Baltimore City Community Collegeestablished under § 16-504 of this title; and (iv) The Board of Trustees of the College of Southern Maryland established under § 16-604 of this title. (4) "Cost" means the cost of: (i) Acquisition of a project or any interest in a project; (ii) Installation of a project, including any demolition, construction, reconstruction, or renovation directly related to a project; (iii) Financing charges associated with a project; (iv) Interest before and during acquisition of a project and, if deemed advisable by the board, for a period of up to 1 year after completion of acquisition of a project; (v) Interest and reserves for principal and interest and for maintenance and repair of a project; (vi) Architectural, engineering, financial, and legal services associated with a project; (vii) Plans, specifications, studies, surveys, and estimates of costs and revenues for a project; (viii) Administrative expenses necessary or incident to determining the feasibility or practicability of a project; and (ix) Other expenses that are necessary or incident to the acquisition of a project, the financing or refinancing of the acquisition of a project, and the placing of a project in operation. (5) "Governing body" means: (i) The county council of a county with a charter form of government established under Article XI-A of the Maryland Constitution; or (ii) The board of county commissioners of any other county.
(6) "Note" means a note, bond, lease, purchase agreement, or other evidence of obligation. (7) (i) "Project" means equipment, machinery, and other personal property, whether or not in the nature of fixtures, essential or convenient for the operation of a community college. (ii) "Project" includes licenses and other rights acquired by a board for the use of equipment, machinery, and other personal property described in subparagraph (i) of this paragraph. (b) Notes authorized . -- A board may finance or refinance the costs of a project by entering into an agreement with the Authority that is evidenced by a note or notes issued by the board if, prior to the issuance of any note, the board and the governing body of each county that supports a community college governed by the board adopts a resolution that meets the requirements of subsection (c) of this section. (c) Required resolution. -- (1) Prior to the issuance of any note under this section, a board and the governing bodyof each county that supports a community college governed by the board shall each adopt a resolution that authorizes the board to finance or refinance the costs of a project by entering into an agreement with the Authority. (2) The resolution shall: (i) Generally describe the project to be financed or refinanced; (ii) Specify the maximum aggregate principal amount of any note issued pursuant to the agreement; and (iii) Impose any terms or conditions on the issuance of a note that the board or governing body deems appropriate. (3) A resolution adopted under this subsection is administrative in nature and notsubject to: (i) Procedures required for legislative acts; or (ii) Referendum. (d) Agreements. - - (1) A board may enter into any agreement necessary or appropriate in connection withthe issuance of any note, including an agreement to provide: (i) Additional credit or liquidity support for a note or a bond issued by the Authority on its behalf; and (ii) A fixed interest rate or maximum interest rate for a variable rate note ora bond issued by the Authority on its behalf. (2) If the board enters into an agreement authorized under paragraph (1) of this subsection, the agreement may include provisions that:
(i) Grant a security interest in a project for which a note is issued or pledge all or part of the fees, charges, and other revenues received from or in connection with a project to the payment of a note; (ii) Allow for the investment and reinvestment of the proceeds of a note until the proceeds are used for the purposes for which the note was issued; (iii) Govern the disposition of any excess proceeds and the investment earnings on any excess proceeds; and (iv) Require that the board operate and maintain all or a portion of the project regardless of whether the fees, charges, and other revenues received from orin connection with the project are sufficient to cover the cost of operating or maintaining all or a portion of the project. (e) Details of note; date of maturity . -- (1) The board shall specify or authorize the chair or other member of the board to specify: (i) The principal amount of a note; (ii) The rate or rates of interest payable on a note or the method of determiningthe rate or rates of interest payable on a note; (iii) Subject to paragraph (2) of this subsection, the date of maturity of a note, the payment provisions of a note, and the optional and mandatory prepayment provisions of a note, including any mandatory sinking fund installments for the note; and (iv) Other matters, details, forms, documents, and procedures relating to the authorization, issuance, execution, sale, delivery, and payment of a note and the security for a note. (2) The date of maturity for a note may not exceed the useful life of the project forwhich the note is issued. (f) Execution . -- (1) A note shall be executed on behalf of the board by the manual or facsimile signature of the chair of the board or other member of the board authorized by resolution of the board. (2) If the individual whose signature or countersignature appears on a note ceases to be a member of the board before delivery of the note, the individual's signature or countersignature shall be valid and sufficient for all purposes the same as if theindividual had remained a member of the board until delivery. (g) Tax exemption . -- The principal amount of a note, the interest payable on a note, the transfer of a note, and any income derived from the transfer of a note, including anyprofit made on the sale or transfer of a note, shall be exempt from taxation by the State and any county or municipality in the State. (h) Limitation of debt or obligation . -- A note issued under this section does not create or constitute a debt or obligation of the State or any county or municipality in the Stateand
does not constitute a debt or obligation of the General Assembly or pledge the faith and credit of the State within the meaning of Article III, § 34 of the Maryland Constitution. (i) Sinking fund. -- If requested by the Authority, the State Comptroller shall withhold from any installment due the board from the State's General Fund appropriation money for deposit to the credit of a sinking fund maintained to pay a note in an amount up to the total amount payable on the note and any agreements entered into in accordance with this section in the current fiscal year and the next succeeding fiscal year. (j) Powers supplemental . -- This section provides additional, alternative, and supplemental authority in relation to powers conferred upon a board under any other existing law andmay not be regarded as in derogation of or as a limitation to any existing power of a board.
Md. EDUCATION Code Ann. § 16-304
§ 16-304. Powers of county government (a) Power to appropriate . -- Each county governing body may appropriate money to pay the cost of establishing and operating a community college or regional communitycollege. (b) Appropriations by major functions . -- (1) The county governing body shall make appropriations by major functions established by the Commission. (2) The major functions established by the Commission shall conform generally tothose contained in the then-current College and University Industry Audit Guide issued by the American Institute of Certified Public Accountants. (c) Transfer of appropriations among functions . -- (1) A community college may not spend more on any major function than theamount appropriated for it. (2) (i) Transfers of appropriations between major functions shall be submitted in writing and approved by the county governing body before they are made, andif the county governing body fails to act on a request for a transfer within 30 days, the request automatically is approved as requested; and (ii) Except in Baltimore City, where the provisions of the city charter govern, transfers of appropriations within a major function may be made at the direction of the board of trustees and the county governing body shall be notified within 30 days of the transfer. (d) Borrowing . -- Each county governing body may borrow money to purchase land and construct capital improvements for a community college. Money may be borrowed onterms and conditions the county governing body considers proper, subject to any requirements of local law applicable to the creation of public debt.
(e) Reserve fund for maintenance and repair; Baltimore City and Anne Arundel County excepted. -- (1) Except in Baltimore City and Anne Arundel County, where the provisions of the appropriate charter govern, each county governing body may appropriate money to establish a reserve fund for future plant maintenance and repair at a communitycollege. (2) If a reserve fund for future plant maintenance and repair is established, it shall be treated as an additional major function for the purposes of this section. (3) Expenditures from the reserve fund for maintenance and repair may not be made unless approved in the same manner as the budget of the community college isapproved. (4) Funds appropriated under this subsection may not be considered "current expenses" for purposes of § 16-305(c)(2) of this subtitle. Md. EDUCATION Code Ann. § 16-305 § 16-305. Computation of State and county aid to community colleges (a) In general . -- The formula used for the distribution of funds to the community colleges in the State shall be known as the Senator John A. Cade Funding Formula. (b) Definitions . -- (1) In this section the following words have the meanings indicated. (2) "Assessed valuation of real property" means assessed valuation of real property as determined for purposes of the State aid calculated under § 5-202 of this article. (3) "Board" means: (i) In a county that has one or more community colleges, the board of community college trustees for the county; or (ii) Where two or more counties establish a region to support a regional community college, the board of regional community college trustees. (4) "Community college" means a community college established under this title butdoes not include Baltimore City Community College. (5) "County share" means the total amount of money for operating funds to be provided each fiscal year to a board by the county that supports the community college or colleges or, in the case of a regional community college, the total amount of money for operating funds to be provided each fiscal year to the board by all counties that support theregional community college. (6) "Direct grants" means the sum of the following components of the State share: (i) Fixed costs; (ii) Marginal costs; and (iii) Size factor.
(7) "Full-time equivalent student" is the quotient of the number of student credit hours produced in the fiscal year 2 years prior to the fiscal year for which the State share is calculated divided by 30, as certified by the Maryland Higher Education Commission. (8) "Population" means population as determined for purposes of calculating theState share of the library program using the definition in § 23-501 of this article. (9) "Region" means the counties supporting a regional community college established under Subtitle 2 of this title. (10) "Small community college" means: (i) Allegany College of Maryland; (ii) Garrett College; (iii) Hagerstown Community College; (iv) Carroll Community College; (v) Cecil Community College; (vi) Chesapeake College; or (vii) Wor-Wic Community College. (11) "State share" means the amount of money for community college operating fundsto be provided each fiscal year to a board by the State. (12) "Student credit hours" means student credit hours, including those earned by a P- TECH student as provided in § 7-1804(c) of this article, or contact hours, which are eligible, under the regulations issued by the Maryland Higher Education Commission,for inclusion in State funding calculations. (13) "Total State operating fund" means the sum of community college State appropriations for direct grants. (c) Computation; distribution of funds. -- (1) (i) Except as provided in subparagraphs (iii), (iv), and (v) of this paragraph, the total State operating fund per full-time equivalent student to the community colleges foreach fiscal year as requested by the Governor shall be: 1. In fiscal year 2021, not less than an amount equal to 25% of the State's General Fund appropriation per full-time equivalent student to the 4-year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; 2. In fiscal year 2022, not less than an amount equal to 27% of the State's General Fund appropriation per full-time equivalent student to the 4-year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year; and 3. In fiscal year 2023 and each fiscal year thereafter, not less than an amount equal to 29% of the State's General Fund appropriation per full-time equivalent
student to the 4-year public institutions of higher education in the State as designated by the Commission for the purpose of administering the Joseph A. Sellinger Program under Title 17 of this article in the same fiscal year. (ii) For purposes of this subsection, the State's General Fund appropriation per full-time equivalent student to the 4-year public institutions of higher education in the State for a fiscal year shall include noncapital appropriations from the Higher Education Investment Fund. (2) The State share shall be distributed to each board and shall be limited bythe provisions of subsection (d) of this section. (3) Subject to subsection (d) of this section, the total State share for each board shallbe the sum of: (i) The fixed costs component; (ii) The marginal costs component; (iii) The size factor component; and (iv) A hold harmless component. (4) (i) The funds available for the fixed costs component shall be a set percentage of the year's total State operating fund as follows: 1. For fiscal year 1998, 36% of total funding; 2. For fiscal year 1999, 37% of total funding; and 3. For fiscal year 2000 and each fiscal year thereafter, 38% of total funding. (ii) The funds available for the fixed costs component shall be divided and distributed to the community colleges in the same proportion in which the direct grants were distributed in the prior fiscal year. (5) (i) For each board, the marginal costs component shall be the product of the dollar amount per full-time equivalent student multiplied by the number of full-time equivalent students at the board's community college or colleges. (ii) The dollar amount per full-time equivalent student shall be calculated by dividing 60% of the total State operating fund for the fiscal year by the total number of full-time equivalent students at community colleges statewide. (iii) In determining the marginal costs component for a board, the number of full- time equivalent students at all campuses and colleges operated by the board shall be added together. (6) (i) The size factor component shall be 2% of the year's total State operating fund. (ii) Except as provided in subparagraph (iii) of this paragraph, the funds available for the size factor component shall be divided and distributed equally to each
board that operates a community college or colleges at which the total number of full-time equivalent students is less than or equal to 80% of the statewide median. (iii) 1. Beginning with the first fiscal year that a board no longer meets the eligibility requirements under subparagraph (ii) of this paragraph, the board shall continue to receive a percentage of the size factor component that the board received in the last fiscal year for which the board was eligible, as follows:
A. 80% for the first fiscal year; B. 60% for the second fiscal year; C. 40% for the third fiscal year; D. 20% for the fourth fiscal year; and E. 0% for the fifth and each subsequent fiscal year.
2. The distributions required under subparagraph (ii) of this paragraph shall be made from the remaining funds available for the size factor component after any distributions required under this subparagraph.
(iv) In determining the eligibility of a board for a size factor component, the number of full-time equivalent students at all campuses and colleges operated by the board shall be added together. (7) (i) A board shall be eligible for a hold harmless component beginning in fiscal year 1998 if the sum of the board's fixed costs, marginal costs, and size factor components for the fiscal year is less than the board's total State share in the prior fiscal year. (ii) The hold harmless component amount shall be determined by subtracting the sum of an eligible board's fixed costs, marginal costs, and size factorcomponents for the fiscal year from the board's total State share for the prior fiscal year. (8) Any employer Social Security contributions required by federal law for anyemployee of a board of community college trustees shall remain the obligation of the employer. (9) The State contribution to retirement and fringe benefit costs is not included inthe calculations of amounts under this subsection. (d) Increase in the State share of support. -- In each fiscal year, in order for a board to receive an increase in the State share of support or a hold harmless component amount,the county share, in the aggregate, that supports the community college or colleges shall equal or exceed the aggregate amount of operating fund appropriations made to the board by the county or all of the counties supporting the college in the previous fiscal year. (e) Grant for English for Speakers of Other Languages program. -- (1) (i) Beginning in fiscal year 1996, a grant in the amount provided in paragraph (2) of this subsection shall be distributed to each board in order to provideinstruction
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200Made with FlippingBook - Online catalogs