AR Code § 6-53-302 (2020)
2020 Arkansas Code|Title 6 - Education|Subtitle 4 - Vocational and Technical Education|Chapter 53 - Two-Year Postsecondary Education Reorganization Act of 1991|Subchapter 3 - Administration|§ 6-53-302. Local administration — Technical colleges

 (a) Each technical college established or operated under this chapter shall be governed by a local board of trustees consisting of seven (7) members who shall be appointed by the Governor and subject to the confirmation of the Senate.  (b) The term of office of local board members shall be seven (7) years.  (c) Members of the local board shall be qualified electors of the service area of the technical college and knowledgeable in business, labor, industry, or economic development.  (d)  (1) A person shall not serve as a member of the local board if the person is:  (A) A candidate for public office;  (B) A holder of public office in the state;  (C) A licensed or nonlicensed employee of a public school district;  (D) A classified or nonclassified employee of:  (i) A community college;  (ii) A vocational school;  (iii) A technical school; or  (iv) An institution of higher education; or    (E) A member of a board of trustees of a:  (i) School district;  (ii) Community college; or  (iii) Institution of higher education.      (2) A person shall not serve as a member of the local board if the person's spouse is:  (A) A candidate for public office;  (B) A holder of public office in the state;  (C) A classified or nonclassified employee of the technical college for which the person would serve as a member of the local board; or  (D) A member of the board of trustees of the technical college for which the person would serve as a member of the local board.      (e) When a vacancy occurs in the membership of the local board, the president of the technical college shall notify the Governor, who shall appoint a successor to the person who vacated membership, who will serve the unexpired term of the person succeeded.  (f) The powers and duties of the local board shall be as follows:  (1) To acquire, hold, and transfer real and personal property, to enter into contracts, to institute and defend legal actions and suits, and to exercise such other rights and privileges as may be necessary for the management and administration of the technical college;  (2) To appoint the president of the technical college;  (3) To appoint, upon nomination of the president, members of the administrative and teaching staffs;  (4) To determine, with the approval of the Arkansas Higher Education Coordinating Board, the educational program of the technical college; and  (5) Other powers and duties as provided in this chapter and as delegated to it by the Arkansas Higher Education Coordinating Board.    (g) The local board shall select a chair and such other officers as are necessary for the performance of its duties.  (h) The local board may make rules not inconsistent with the provisions of this chapter or inconsistent with the rules of the Arkansas Higher Education Coordinating Board as are necessary for the proper administration and operation of the technical college.  (i) The local board may contract with the Division of Career and Technical Education, with a nonprofit organization, or with a local school board within its service area to offer secondary level general academic and vocational and technical courses and programs or adult literacy courses, or both.  (j)  (1) The local board of a technical college may contract with a municipality for:  (A) The transfer of real property, including any buildings or structures thereon from the college to the municipality;  (B) Any or all of the following:  (i) The construction, repair, and renovation of buildings or structures;  (ii) The construction of additions to buildings or structures; and  (iii) The provision of equipment, apparatuses, library materials, and fixtures for the buildings or structures by the municipality; and    (C)  (i) The long-term lease of at least fifty (50) years of the buildings or structures by the municipality to the college for nominal monetary and other valuable consideration.  (ii) The leased building or structure shall be utilized by the college for educational and technical educational purposes.      (2) The college may expend funds under the Arkansas Existing Workforce Training Act of 1995, § 6-50-701 et seq., and the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq., and the college and the municipality may expend any other funds available pursuant to applicable law for the purposes set out in this subsection and for the operation of the facility or structure if the college receives a long-term lease of at least fifty (50) years.  (3) If pursuant to subdivision (j)(1) of this section the college receives a long-term lease of at least fifty (50) years, the college and the municipality are authorized jointly to do any or all of the following:  (A) Construct, repair, and renovate buildings or structures;  (B) Construct additions to buildings or structures; and  (C) Provide equipment, apparatus, library materials, and fixtures for the buildings or structures.      (k)  (1)  (A) After a merger between a technical college and a four-year institution of higher education or a university system, control of the technical college shall be vested in the board of trustees of the four-year institution of higher education or the board of trustees of the university system.  (B) The board of trustees of the four-year institution of higher education or the board of trustees of the university system shall perform the functions, duties, and responsibilities of the former governing board of the technical college.    (2) After a merger under subdivision (k)(1) of this section, the former governing board of the technical college shall become a board of visitors performing the functions as determined by the board of trustees of the four-year institution of higher education or the board of trustees of the university system.  (3) Members of the board of visitors shall:  (A) Be appointed by the Governor subject to the confirmation of the Senate;  (B) Serve terms of seven (7) years;  (C) Possess the qualifications under subsection (c) of this section; and  (D) Be subject to the restrictions under subsection (d) of this section.