(a) The requirements of Article 3 (commencing with Section 72022) of Chapter 1 of Part 45 shall not apply to the board of governors in fulfilling its duties related to the California Online Community College.

(b) The Legislature declares that the board of governors, in carrying out its duties pursuant to Section 70901 and Article 2 (commencing with Section 71020.5) of Part 44, is expressly determined to not have a conflict of interest in the administration of the California Online Community College.

(c) Notwithstanding Chapter 1.5 (commencing with Section 78100) of Part 48, the board of governors may instead provide access to internet-based library services and materials or by contractual arrangements with other entities.

(d) (1) Notwithstanding any other law, the board of governors may authorize the chancellor, or designate members with the appropriate skills and experience, including those necessary to guide the formation of a new entity, to exercise any powers or responsibilities or to take any official actions with respect to the management of the college, including any of the college’s assets, contracts, expenditures, facilities, funds, personnel, or property.

(2) If the board of governors exercises this authority, the chancellor, or the designees of the board of governors, may appoint a chief executive officer to manage the California Online Community College. The chief executive officer shall have served in a similar capacity prior to the establishment of the California Online Community College and shall have expertise in the development and operation of online offerings at a public or nonprofit institution, or shall have relevant qualifications to serve as the chief executive officer of the California Online Community College. The chief executive officer shall meet the minimum qualifications for service as an academic administrator in the California Community Colleges.

(3) A chief executive officer appointed under this subdivision shall serve at the pleasure of the board of governors.

(4) A chief executive officer appointed pursuant to this section is authorized to do all of the following:

(A) Develop fiscal policies and practices for the operation of the California Online Community College.

(B) Enter into agreements on behalf of the California Online Community College.

(C) In consultation with the Chancellor of the California Community Colleges, establish an advisory council process to advise the chief executive officer on issues related to the California Online Community College. The advisory process shall involve representatives from boards of trustees of community college districts, represented employees of the California Online Community College, and students attending the online college. A participant in the advisory process shall not receive any compensation or benefits for the participant’s services.

(D) Consistent with the requirements of the terms of the contract established pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of Section 70901, hire sufficient staff, with appropriate preparation and experience, to provide the functions necessary to support the college’s mission and purpose.

(E) Hire sufficient numbers of qualified faculty that meet the minimum qualifications established by the college, with appropriate preparation and experience to provide online instructional design and technology-supported student supports to achieve the college’s mission and purpose.

(F) Manage and control the operations of the college.

(5) In the event of a vacancy in the chief executive officer position, the chancellor shall temporarily assume all of the powers and duties of the chief executive officer until another chief executive officer can be appointed pursuant to this section.

(6) The board of governors, or its authorized designees, may contract with the Foundation for California Community Colleges for the purpose of providing administrative support for the college’s startup functions.

(Amended by Stats. 2019, Ch. 497, Sec. 87. (AB 991) Effective January 1, 2020.)