(a) 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.
(b) (1) The Board of Trustees shall exercise general control over the
College and establish broad policy and long-range planning to effect the efficient
operation of the College.
(2) The Board of Trustees may not participate in the day-to-day
operations of the College.
(c) (1) The Board of Trustees shall:
(i) On or before December 1, 2018, review, revise, and update
the strategic plan for the College;
(ii) Review and strategically align core course offerings of the
College, consistent with accreditation requirements, and focused on the needs of:
1. Students at the College; and
2. The workforce in Baltimore City;
(iii) Make workforce development and job placement top
educational priorities of the College;
(iv) Improve student pathways to success, including remedial
education, attainment of a degree or a postsecondary certificate, and transfer to 4-
year institutions of higher education;
(v) Enter into memoranda of understanding in order to
establish student pathways to success with the Baltimore City Public School System,
institutions of higher education, and employers;
(vi) Align the budget of the College with realistic enrollment
projections;
(vii) Engage in a comprehensive review of all positions, faculty,
and staff at the College;
(viii) Establish strong relationships with key stakeholders,
including:
1. The Mayor of Baltimore City;
2. The Mayor's Office of Employment Development;
3. The Baltimore City Public School System;
4. Institutions of higher education located in Baltimore
City;
5. State agencies, including the Maryland Department
of Labor;
6. Private employers; and
7. Business and community organizations;
(ix) Develop and market a brand for the College;
(x) Address the information technology and infrastructure
needs of the College, including whether oversight by the Department of Information
Technology is advisable;
(xi) Develop or sell all unused or underutilized real estate
holdings, including the Inner Harbor site;
(xii) Identify any barriers in State or local laws or regulations
that impede the ability of the College to operate efficiently and effectively, including
procurement and capital construction projects;
(xiii) Adopt reasonable rules, regulations, and bylaws to carry
out the provisions of this subtitle and §§ 10-204 and 10-211 of this article; and
(xiv) Keep separate records and minutes.
(2) Except with respect to skilled service employee grievance appeals,
Title 10, Subtitles 1 and 2 of the State Government Article ("Administrative
Procedure Act") does not apply to the Board of Trustees.
(d) (1) Subject to the provisions of paragraph (2) of this subsection and
the provisions of § 16-511(d)(3) of this subtitle, the Board of Trustees may receive,
purchase, lease, or otherwise acquire property it considers necessary or useful for the
operation of the College.
(2) Subject to appropriations and the prior approval of the Board of
Public Works, the Board of Trustees may receive, purchase, lease, or otherwise
acquire real property.
(e) (1) The Board of Trustees may sell, lease, encumber, or otherwise
dispose of assets or property of the College, other than any real property,
improvement to real property, or license.
(2) Subject to the prior approval of the Board of Public Works, the
Board of Trustees may sell, lease, encumber, or otherwise dispose of any real
property, improvement to real property, or license of the College.
(3) (i) All proceeds and income from any sale, lease, disposition,
encumbrance, or development of any property, right, or interest of the College shall
be used for the benefit of the College and may not revert to the general funds of the
State or be applied to the Annuity Bond Fund of the State.
(ii) 1. The proceeds and income from the sale of any real
property, improvement to real property, or license of the College shall be deposited in
a special fund.
2. The principal of the special fund may be used for
capital expenditures, subject to the approval of the Board of Public Works on a pay-
as-you-go basis, and may not be used to pay the operating expenses of the College.
3. The Board of Trustees shall develop the commercial
potential of the Inner Harbor site or determine that the Inner Harbor site should be
sold to maximize revenue to the College without jeopardizing the educational mission
of the College.
(f) The Board of Trustees may apply for, accept, and spend any gift or grant
from any government, foundation, or person.
(g) (1) The Board of Trustees shall fix the tuition and fees to be paid by
students and shall do so with a view to making college education available at low cost.
(2) (i) Except as otherwise provided in paragraph (4) of this
subsection, the Board of Trustees shall assess each student who is not a resident of
this State, in addition to the student tuition and fees paid by residents, an out-of-
state fee at least equal to 60 percent of the amount of State support for the College
per full-time equivalent student.
(ii) The Board of Trustees may waive the out-of-state fee as
determined in subparagraph (i) of this paragraph for a student who is employed by a
business located in the City of Baltimore.
(iii) Any student attending the College who receives a tuition
waiver as provided by subparagraph (ii) of this paragraph shall not be included as an
in-State resident for computation of State aid to the College in accordance with § 16-
512 of this subtitle.
(iv) The Board of Trustees may waive the out-of-state fee as
determined in subparagraph (i) of this paragraph for a student who resides in the
State but does not meet the in-State residency requirement for tuition purposes and
has moved to the State as an employee or a family member of an employee as part of
the Base Realignment and Closure process as announced by the United States
Department of Defense.
(v) Any student attending the College who receives a tuition
waiver under subparagraph (iv) of this paragraph shall be included as an in-State
resident for computation of State aid to the College in accordance with § 16-512 of
this subtitle.
(3) For purposes of this subsection, the number of full-time
equivalent students is the quotient of the number of student credit hours produced in
the fiscal year divided by 30.
(4) A student who is not a resident of the State shall be considered a
resident for purposes of assessing tuition and fees to the extent that such student
would be eligible for in-county status under the provisions of § 16-310(a)(4) or (f) of
this title.
(5) The Board of Trustees shall set tuition and fees for students who
are residents of counties in this State other than Baltimore City at the same rate as
the tuition and fees charged to students who reside in Baltimore City.
(h) (1) In accordance with § 16-505.1 of this subtitle, the Board of
Trustees shall appoint a President of the College who shall be the Chief Executive
Officer of the College and the Chief of Staff for the Board of Trustees.
(2) The Board of Trustees may create other offices in the College and
provide for the appointment of qualified persons to those offices.
(3) (i) The Board of Trustees shall appoint an interim president
to carry out the duties of the President within 90 days after the office of the President
becomes vacant.
(ii) The interim president may not be a member of the Board
of Trustees.
(4) (i) Notwithstanding any other provision of law, the Board of
Trustees may create any position to the extent that the cost of the position, including
any fringe benefit costs, is funded from grant or special project funds.
(ii) The Board of Trustees shall abolish a position created
under this paragraph when the grant or special project funds are insufficient to fund
the cost of the position, including any fringe benefit costs.
(iii) This paragraph may not be construed to require any
additional State General Fund support.
(iv) By September 1 of each year, the Board of Trustees shall
submit an annual position accountability report to the Department of Budget and
Management, in accordance with § 2-1257 of the State Government Article, the
Department of Legislative Services, and the Commission reporting the total positions
created and the cost and the funding source for any positions created by the College
in the previous fiscal year.
(v) The total number of positions authorized under this
paragraph shall be limited as specified annually in the State budget bill.
(i) Subject to the authority of the Commission, the Board of Trustees may:
(1) Establish entrance requirements for the College;
(2) Approve courses and programs;
(3) Adopt and change curricula;
(4) Establish and change requirements for the awarding of credits
and degrees and for graduation;
(5) Work with the Commission to establish cooperative program
agreements that qualify as statewide programs in accordance with § 16-310(d) of this
title; and
(6) Develop effective relationships and cooperative programs with
the Baltimore City Public School System to assure that high school students are
encouraged to enroll in the College.
(j) The Board of Trustees may fix the salaries and terms of employment of
the President, faculty, and officers of the College.
(k) In addition to any performance evaluation required by regulation of the
Department of Budget and Management, the Board of Trustees shall evaluate the
performance of the faculty of the College in a form developed in cooperation with the
Commission.
(l) The Board of Trustees may enter into contracts or delegate that
authority to the President.
(m) On the recommendation of the President, the Board of Trustees shall
designate one or more representatives to participate as a party in collective
bargaining on behalf of the College in accordance with Title 3 of the State Personnel
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