The establishment of the College of Southern Maryland as a regional college is based on the findings and policies set forth in this section. Charles County Community College has provided higher education opportunities in Calvert County for more than 15 years and in St. Mary’s County for more than 20 years through a contractual arrangement with the county. The continuing growth of Charles County Community College as a quality institution requires that a partnership be established to provide a new college identity reflective of the three southern Maryland counties, a governance structure of shared ownership, and the equitable distribution of fiscal support.

In this subtitle the following words have the meanings indicated. “Board of Trustees” means the Board of Trustees of the College of Southern Maryland. “College” means the College of Southern Maryland, formerly known as the Charles County Community College. “Commission” means the Maryland Higher Education Commission. “County commissioners” means the elected county commissioners from Calvert, Charles, and St. Mary’s counties. “Officer” means the president, vice presidents, deans, or other officers of the College as shall be appointed by the Board of Trustees. “Resident campus” means a primary campus located in Calvert County, Charles County, or St. Mary’s County. “Southern Maryland” means the area that includes all of Calvert, Charles, and St. Mary’s counties.

There is a College of Southern Maryland, formerly known as the Charles County Community College, located in Calvert, Charles, and St. Mary’s counties, Maryland. With other educational institutions, the College shall provide the services and programs described in § 10-210 of this article. The College is an institution of higher education of the State of Maryland. Notwithstanding any other provision of this subtitle, the College shall be classified as a “local educational agency (LEA)”, as defined in federal law, for purposes of federal subsidies, grants, contracts, and other programs of support for which a community college is eligible. Calvert, Charles, and St. Mary’s counties may appropriate money to pay the cost of operating the College according to the provisions of this article. Each southern Maryland county may borrow money to purchase land and construct capital improvements for the College. Money may be borrowed on terms and conditions the county commissioners consider proper, subject to any requirements of local law applicable to the creation of public debt. Unless otherwise agreed to by the county commissioners, the capital expenditures for each campus are the responsibility of the county in which the campus is located. The distribution of shared costs will be that of a regional community college as designated in § 11-105(j)(6)(i) of this article.

The government of the College is vested in the Board of Trustees. The Board of Trustees consists of nine members appointed by the Governor with the advice and consent of the Senate. Of the members: Each shall be a resident of the State; Each shall have completed at least 60 hours of accredited college work; and None may be an elected official of the State, a county, a municipal corporation, or a county board. Each of the southern Maryland counties shall be represented by at least one member who is a resident of that county. By July 1, 2010, each of the southern Maryland counties shall be represented by at least three members who are residents of that county. The term of a member is 5 years. A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term. A member may not serve more than two consecutive full terms. Each member of the Board of Trustees is entitled to receive up to $600 a year for expenses.

Each year prior to June 30 the Board of Trustees: Shall elect a chair and vice chair from among its members; and May elect any other officers it requires. The Board of Trustees shall determine the time and place of its meetings. The Board of Trustees may adopt rules for the conduct of its meetings and the transaction of business. A majority of the members then serving on the Board of Trustees is a quorum for the transaction of business.

In addition to the other powers granted and duties imposed by this title, and subject to the authority of the Commission, the Board of Trustees has the powers and duties set forth in this section. The Board of Trustees shall exercise general control over the College, keep separate records and minutes, and adopt reasonable rules, regulations, and bylaws to carry out the provisions of this title. The Board of Trustees may fix the salaries and tenure of the president, faculty, and other employees of the College. The Board of Trustees may purchase, lease, condemn, or otherwise acquire any property it considers necessary for the operation of the College. The Board of Trustees may sell, lease, or otherwise dispose of assets or property of the College. The president of the College and the chair of the Board of Trustees may execute a conveyance or other legal document under an appropriate resolution of the Board of Trustees. The Board of Trustees may apply for and accept any gift or grant from the federal government or any other person. Subject to the minimum standards of the Commission, the Board of Trustees may determine entrance requirements and approve offerings that consist of: Transfer programs offering the equivalent of the first 2 years of a bachelor’s degree program; Career programs offering technical, vocational, and semiprofessional education; and Continuing education and contract-training programs. Except as provided in § 16-310 of this title, the Board of Trustees may charge students reasonable tuition and fees set by it with a view to making college education available to all qualified students at low cost. The Board of Trustees may sue and be sued. The Board of Trustees may make agreements with the federal government or any other person, including agreements between counties, if the Board of Trustees considers the agreement advisable for the establishment or operation of the College. The Board of Trustees may adopt a corporate seal. The Board of Trustees shall appoint a president of the College who shall be the chief executive officer of the College and the secretary/treasurer of the Board of Trustees.

The Board of Trustees may: Appoint an individual, other than the attorney to the Board of Trustees, as hearing examiner; and Adopt rules governing proceedings before the hearing examiner. The hearing examiner: May hold an initial hearing on any matter brought before the Board of Trustees; and Shall submit to the Board of Trustees and to the parties findings of fact and conclusions of law, a transcript of the proceedings, and exhibits. The Board of Trustees shall: Hear arguments, if requested by a party; and After considering the arguments and the record, decide the matter. The decision of the Board of Trustees may not be appealed.

The president of the College shall: Report directly to the Board of Trustees; Recommend the appointment by the Board of Trustees of qualified faculty members and other employees necessary for the efficient administration of the College; Recommend the discharge of employees for good cause, provided that any employee with tenure shall be given reasonable notice of the grounds for dismissal and an opportunity to be heard; Be responsible for the conduct of the College and for the administration and supervision of its departments; and Attend all meetings of the Board of Trustees, except those involving the position of president.

Except as otherwise provided in this subtitle, the provisions of §§ 16-106 and 16-107 of this title apply to the College.

Each year the Board of Trustees and the president of the College shall prepare and submit to the county commissioners: An annual report; An operating budget; A capital budget; and If required, a long–term capital improvement program. The operating budget shall show: All revenues estimated for the next fiscal year classified by funds and sources of income; All expenditures requested, including the major functions listed under § 16–304(b) of this title; and Any other information or supporting data required by the county commissioners. The county commissioners in each county shall review and approve the budget request made to that county and may reduce it. The operating budget of the College as outlined in this section shall be submitted to the Commission for informational purposes.