2014 Kentucky Revised Statutes CHAPTER 164 - STATE UNIVERSITIES AND COLLEGES -- REGIONAL EDUCATION -- ARCHAEOLOGY 164.321 Boards of Regents of Eastern Kentucky, Morehead State, Murray State, Western Kentucky, Kentucky State, Northern Kentucky Universities, and Kentucky Community and Technical College System -- Membership -- Terms.
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164.321 Boards of Regents of Eastern Kentucky, Morehead State, Murray
State, Western Kentucky, Kentucky State, Northern Kentucky
Universities, and Kentucky Community and Technical College System -Membership -- Terms.
(1)
(2)
Eastern Kentucky University, Morehead State University, Murray State
University, Western Kentucky University, Kentucky State University, Northern
Kentucky University, and the Kentucky Community and Technical College
System shall each be governed by a board of regents appointed for a term set
by law pursuant to Section 23 of the Constitution of Kentucky.
(a) Each board of the comprehensive universities shall consist of eight (8)
members appointed by the Governor, one (1) member of the teaching
faculty, one (1) member of the university nonteaching personnel, and one
(1) member of the student body of the respective university or college.
The members of the board shall select a chairperson annually.
(b) The board of the Kentucky Community and Technical College System
shall consist of eight (8) members appointed by the Governor, two (2)
members of the teaching faculty, two (2) members of the nonteaching
personnel, and two (2) members of the student body.
1.
No more than three (3) appointed members of the board shall reside
in any one (1) judicial district of the Kentucky Supreme Court as of
the date of the appointment.
2.
A change in residency of a gubernatorial appointee after the date of
appointment shall not affect the appointee's ability to serve or
eligibility for reappointment, except an appointee who assumes
residency outside the fifty (50) United States shall become
immediately ineligible to serve. The Council on Postsecondary
Education shall notify the appointee of his or her ineligibility to serve.
3.
In making initial appointments, the Governor shall act so as to
provide equal representation of the two (2) sexes. In filling
vacancies, 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.
The terms of appointed members shall be for six (6) years and until their
successors are appointed and qualified, except the initial appointments to the
board of regents for the Kentucky Community and Technical College System
shall be as follows:
(a) One (1) member shall serve a one (1) year term;
(b) One (1) member shall serve a two (2) year term;
(c) Two (2) members shall serve three (3) year terms;
(d) One (1) member shall serve a four (4) year term;
(e) One (1) member shall serve a five (5) year term; and
(f) Two (2) members shall serve six (6) year terms.
(3)
(4)
(5)
(6)
(7)
New appointees of a board of regents shall not serve for more than two (2)
consecutive terms. Board members serving as of May 30, 1997, may be
reappointed at the end of their existing terms and may serve two (2) additional
full consecutive terms.
The gubernatorial appointments may include one (1) graduate of the respective
institution who resides outside the Commonwealth. Not more than two (2)
appointed members of any board shall be residents of one (1) county. The
appointments shall reflect the proportional representation of the two (2) leading
political parties of the Commonwealth based on the state's voter registration.
Membership on the board shall reflect no less than proportional representation
of the minority racial composition of the Commonwealth. Membership on the
board shall not be incompatible with any state office. A change in residency
after the date of appointment shall not affect a member's ability to serve nor
shall it prevent a member's eligibility for reappointment, except a member who
assumes residency outside the fifty (50) United States shall become
immediately ineligible to serve. The Council on Postsecondary Education shall
notify the appointee of his or her ineligibility to serve.
Appointments to fill vacancies shall be made in the same manner and within
the same time after the occurrence of the vacancy as regular appointments.
The person appointed shall hold the position for the unexpired term only.
Each member of the board shall serve for the term for which the member is
appointed and until a successor is appointed and qualified.
(a) The faculty member of a comprehensive university shall be a teaching or
research member of the faculty of his or her respective university of the
rank of assistant professor or above. The faculty member shall be elected
by secret ballot by all faculty members of his or her university of the rank
of instructor, assistant professor, or above. The faculty member shall
serve for a term of three (3) years and until his successor is elected and
qualified. The faculty member shall be eligible for reelection, but he or she
shall not be eligible to continue to serve as a member of the board if he or
she ceases being a member of the teaching staff of the university.
Elections to fill vacancies shall be for the unexpired term in the same
manner as provided for the original election.
(b) The faculty members of the Kentucky Community and Technical College
System shall be represented by one (1) faculty member elected from the
community colleges and one (1) faculty member elected from the
technical institutions to serve three (3) year terms and until their
successors are named. The faculty representative of each branch shall be
elected by means of a process established by the board. The faculty
members may be reelected but shall not serve more than two (2)
consecutive terms. A faculty member shall be ineligible to continue to
serve as a member of the board if he or she ceases to be a member of
the faculty at one (1) of the institutions within the system. Elections to fill
vacancies shall be for the unexpired term in the same manner as
provided for the original election. These two (2) members shall collectively
have one (1) vote which may be cast one-half (1/2) vote by each member.
(a) The nonteaching personnel member in a comprehensive university shall
(b)
(8)
(a)
(b)
(9)
All
be any full-time staff member excluding the president, vice presidents,
academic deans, and academic department chairpersons. He or she shall
represent all nonteaching university employees including, but not limited
to, building facilities and clerical personnel. The member shall be elected
by secret ballot by the nonteaching employees. The nonteaching
personnel member shall serve a term of three (3) years and until a
successor is elected and qualified. The nonteaching personnel member
shall be eligible for reelection, but he or she shall not be eligible to
continue to serve as a member of the board if he or she ceases being an
employee of the university. Elections to fill vacancies shall be for the
unexpired term in the same manner as provided for the original election.
The nonteaching personnel members in the Kentucky Community and
Technical College System shall be any full-time staff member excluding a
president, chancellor, vice president, academic dean, academic
department chair, or other administrator. They shall represent all
nonteaching employees in their respective branch institutions including,
but not limited to, support and clerical personnel. One (1) member shall
be a representative from the community colleges and one (1) member
shall be a representative from the technical institutions. They shall serve
three (3) year terms and until their successors are named. These two (2)
members shall collectively have one (1) vote which may be cast one-half
(1/2) vote by each member. The nonteaching personnel members of each
branch shall be elected by means of a process established by the board.
A nonteaching personnel member may be reelected but shall not serve
more than two (2) consecutive terms. A nonteaching employee shall be
ineligible to continue to serve as a member of the board if that employee
ceases to be a nonteaching employee at one (1) of the institutions within
the system. Elections to fill vacancies shall be for the unexpired term in
the same manner as provided for the original election.
The student member on a comprehensive university board shall be the
president of the student body of the university during the appropriate
academic year and may be an out-of-state resident if applicable. If the
student member does not maintain his or her position as student body
president or status as a full-time student at any time during that academic
year, a special election shall be held to select a full-time student member.
The student member shall serve for a term of one (1) year beginning with
the first meeting of the fiscal year which contains that academic year.
Two (2) full-time student members shall be elected to the board of
regents for the Kentucky Community and Technical College System. One
(1) shall represent students of the community colleges and one (1) shall
represent the technical institutions. The student members shall be elected
by means of a process established by the board. The student members
shall serve one (1) year terms beginning with the first meeting of the fiscal
year that contains the academic year. If the student member does not
maintain his or her status as a full-time student, a special election shall be
held to fill the vacancy. The two (2) members shall collectively have one
(1) vote which may be cast one-half (1/2) vote by each member.
persons appointed after May 30, 1997, shall be required to attend and
complete an orientation program prescribed by the council under KRS 164.020,
as a condition of their service.
(10) Board members may be removed by the Governor for cause, which shall
include neglect of duty or malfeasance in office, after being afforded a hearing
with counsel before the Council on Postsecondary Education and a finding of
fact by the council.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 41, sec. 1, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 113, sec. 10, effective July 15, 2008. -- Amended
2003 Ky. Acts ch. 26, sec. 2, effective March 10, 2003; and ch. 56, sec 2,
effective June 24, 2003. -- Amended 2001 Ky. Acts ch. 12, sec. 1, effective June
21, 2001. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 97, effective
May 30, 1997. -- Amended 1994 Ky. Acts ch. 41, sec. 1, effective July 15, 1994.
Created 1992 Ky. Acts ch. 10, sec. 5, effective July 1, 1992.
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