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164.011 Council on Postsecondary Education -- Membership -- Terms -Meetings.
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There is hereby created and established a Council on Postsecondary
Education in Kentucky as an agency, instrumentality, and political subdivision
of the Commonwealth and a public body corporate and politic having all
powers, duties, and responsibilities as are provided to it by law, appointed for a
term set by law pursuant to Section 23 of the Constitution of Kentucky. The
council shall be composed of the commissioner of education, a faculty
member, a student member, and thirteen (13) citizen members appointed by
the Governor. The citizen members shall be confirmed by the Senate and the
House of Representatives under KRS 11.160, and the commissioner of
education shall serve as a nonvoting ex officio member. Citizen council
members shall be selected from a list of nominees provided to the Governor
under the nominating process set forth in KRS 164.005. If the General
Assembly is not in session at the time of the appointment, persons appointed
shall serve prior to confirmation, but the Governor shall seek the consent of the
General Assembly at the next regular session or at an intervening
extraordinary session if the matter is included in the call of the General
Assembly.
By no later than thirty (30) days after May 30, 1997, the Governor's
Postsecondary Education Nominating Committee shall submit nominations to
the Governor as set forth in KRS 164.005. On making appointments to the
council, the Governor shall assure broad geographical and political
representation; assure equal representation of the two (2) sexes, inasmuch as
possible; assure no less than proportional representation of the two (2) leading
political parties of the Commonwealth based on the state's voter registration;
and assure that appointments reflect the minority racial composition of the
Commonwealth. In filling vacancies to the council, the Governor shall act so as
to provide, inasmuch as possible, equal representation of the two (2) sexes by
appointing a member of the sex that is the lesser represented at the time of the
appointment. If the remaining membership already has an equal number of
males and females, the Governor may appoint a member of either sex. No
more than two (2) members of the council shall hold an undergraduate degree
from any one (1) Kentucky university, and no more than three (3) voting
members of the council shall reside in any one (1) judicial district of the
Kentucky Supreme Court as of the date of the appointment. However, change
in residency after the date of appointment shall not affect the ability to serve.
One (1) member shall be a full-time faculty member employed at a state
institution of postsecondary education. The faculty member shall be appointed
to a four (4) year term by the Governor from a list of three (3) nominees
selected and submitted by majority vote of the ten (10) faculty members who
serve as faculty representatives of the boards of trustees and boards of
regents of the nine (9) postsecondary education institutions.
One (1) member shall be enrolled as a full-time student at a state institution of
postsecondary education and shall be selected annually in the following
manner: not later than June 1 of each year the eight (8) student body
presidents of the four (4) year state public institutions of higher education, the
two (2) student members to the Kentucky Community and Technical College
System, and one (1) student body president representing the members of the
Association of Independent Kentucky Colleges and Universities shall elect by
majority vote three (3) nominees to submit to the Governor. From this list of
nominees, the Governor shall appoint a student member.
(5) In filling any vacancies, the Governor shall ensure the continuing
representation upon the council of the broad constituencies as set forth in
subsection (2) of this section. Vacancies on the council shall be filled for the
unexpired term in accordance with the procedures established for the original
appointments.
(6) Each citizen member shall serve a term of six (6) years, except the initial
appointments shall be as follows:
(a) Two (2) appointments shall expire December 31, 1997;
(b) Three (3) appointments shall expire December 31, 1998;
(c) Two (2) appointments shall expire December 31, 1999;
(d) Two (2) appointments shall expire December 31, 2000;
(e) Two (2) appointments shall expire December 31, 2001; and
(f) Two (2) appointments shall expire December 31, 2002.
(7) Any person, other than the chief state school officer, holding either an elective
or appointive state office or who is a member of the governing board of any
state university in Kentucky, shall be ineligible for membership or appointment
on the council during his term.
(8) The members of the council shall elect the chair and the vice chair of the
council from among the council's membership, and the chair and vice chair
shall serve at the pleasure of the council. The vice chair shall serve as chair in
the absence of the chair.
(9) The council shall meet at least quarterly and at other times upon the call of the
chair or a majority of the council.
(10) A quorum shall be a majority of the appointive membership of the council.
(11) A quorum shall be required to organize and conduct the business of the
council, except that an affirmative vote of eight (8) or more appointive members
of the entire council shall be required to dismiss from employment the president
of the council, and to adopt or amend the state strategic postsecondary
education agenda.
(12) New appointees to the council shall not serve more than two (2) consecutive
terms. Appointees after May 30, 1997, who previously served on the Council of
Higher Education may serve two (2) additional full consecutive terms.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 124, sec. 5, effective June 25, 2013. -Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 73, effective May 30,
1997. -- Amended 1994 Ky. Acts ch. 5, sec. 1, effective July 15, 1994. Created
1992 Ky. Acts ch. 10, sec. 7, effective July 1, 1992.
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