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2019 Arkansas Code
Title 6 - Education
Subtitle 5 - Postsecondary and Higher Education Generally
Chapter 66 - Henderson State University
§ 6-66-101. Board of Trustees of Henderson State University

Universal Citation: AR Code § 6-66-101 (2019)
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  • (a) There is created an honorary board constituting the Board of Trustees of Henderson State University, which is made and continued a body politic and corporate.

  • (b)

    • (1) The board shall consist of seven (7) members.

    • (2) The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board.

    • (3) The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee shall fail to give such notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.

  • (c)

    • (1) Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.

    • (2)

      • (A) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, a Justice of the Supreme Court, and the director or employees of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed.

      • (B) No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time.

  • (d)

    • (1) The term of office for each member shall commence on January 15 and shall end on January 14 of the seventh year following the year in which the regular term commenced.

    • (2) The Governor shall submit to the Senate for approval, on or before the fourteenth day following the commencement of each regular session of the General Assembly, the names of all unconfirmed appointments made by him or her to fill expired terms and the names of appointments to fill the terms expiring during the regular session of the General Assembly. The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.

  • (e) Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board, and shall be thereafter effective until the expiration of the regular terms.

  • (f) Before entering upon his or her respective duties, the trustee shall make and subscribe to an affidavit to faithfully, diligently, and impartially discharge the duties of his or her office, regardless of the requirements of §  25-17-207.

  • (g)

    • (1)

      • (A) There shall be one (1) regular meeting of the board each year to be held within thirty (30) days after the close of commencement week.

      • (B) Called meetings may be held at the request of the president or of any two (2) members of the board if at least seven (7) days' written notice is given in advance to each member of the called meeting, except in cases of emergency, when three (3) days' notice will suffice.

    • (2) The board shall elect from its members a chair who shall preside at the meetings of the board, a vice chair who shall preside at the meetings of the board in the absence of the regular chair, and a secretary who shall keep the records of the meetings of the board. The secretary need not be a member of the board.

    • (3) A majority of the board shall constitute a quorum.

    • (4) Members of the board provided for in this section may receive expense reimbursement in accordance with § 25-16-901 et seq.

  • (h)

    • (1) The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing.

    • (2) The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal.

    • (3) The removal action shall be filed with the Secretary of State, together with a complete record of the proceedings at the hearing.

    • (4)

      • (A) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor.

      • (B) An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

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