2017 Kentucky Revised Statutes CHAPTER 164 - STATE UNIVERSITIES AND COLLEGES -- REGIONAL EDUCATION -- ARCHAEOLOGY .321 Boards of Regents of Eastern Kentucky, Morehead State, Murray State, Western Kentucky, Kentucky State, and Northern Kentucky Universities, and Kentucky Community and Technical College System -- Membership -- Terms -- Grounds for removal and replacement of all board members.
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164.321 Boards of Regents of Eastern Kentucky, Morehead State, Murray
State, Western Kentucky, Kentucky State, and Northern Kentucky
Universities, and Kentucky Community and Technical College System -Membership -- Terms -- Grounds for removal and replacement of all board
members.
(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 appointed by the Governor shall be subject to confirmation
by the Senate. 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. The members
appointed by the Governor shall be subject to confirmation by the Senate.
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, unless a member is removed by the
Governor pursuant to KRS 63.080(2), (3), or (4), 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;
(3)
(4)
(5)
(6)
(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.
New appointees of a board of regents shall not serve for more than two (2)
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
and the political affiliation of each appointee as of December 31 of the year
preceding the date of his or her appointment. A particular political affiliation
shall not be a prerequisite to appointment to any board generally; however, if
any person is appointed to a board that does not represent either of the two (2)
leading political parties of the Commonwealth, the proportional representation
by political affiliation requirement shall be determined and satisfied based on
the total number of members on the board less any members not affiliated with
either of the two (2) leading political parties. Membership on the board shall
reflect no less than proportional representation of the minority racial
composition of the Commonwealth based on the total minority racial population
using the most recent census or estimate data from the United States Census
Bureau. If the determination of proportional minority representation does not
result in a whole number of minority members, it shall be rounded up to the
next whole number. 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, unless a member is
removed by the Governor pursuant to KRS 63.080(2), (3), or (4).
(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
(b)
(7)
(a)
(b)
(8)
(a)
manner as provided for the original election.
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.
The nonteaching personnel member in a comprehensive university shall
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 serve a
one (1) year term beginning on July 1 after being elected and sworn in as
student body president and ending on the following June 30. If the student
member does not maintain the position as student body president or the
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
elected student member shall serve for the remainder of the unexpired
term.
(b) 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 on July 1 after being elected and
sworn in as a student member of the board and ending on the following
June 30. If the student member does not maintain the status as a full-time
student, a special election shall be held to fill the vacancy for the
remainder of the unexpired term. The two (2) members shall collectively
have one (1) vote which may be cast one-half (1/2) vote by each member.
(9) All appointed and elected persons shall be required to attend and complete an
orientation and education program prescribed by the council under KRS
164.020(25), as a condition of their service and eligibility for appointment or
election to a second term.
(10) Board members may be removed by the Governor under the following
circumstances:
(a) For cause, pursuant to KRS 63.080(2); or
(b) Pursuant to KRS 63.080(3) or (4).
(11) The inability of the board or boards of the comprehensive universities or
Kentucky Community and Technical College System to hold quarterly
meetings, to elect a chairperson annually, to establish a quorum, to adopt an
annual budget, to set tuition rates, to conduct an annual evaluation of the
president of the university or system, to carry out its primary function to
periodically evaluate the university's or system's progress in implementing its
mission, goals, and objectives to conform to the strategic agenda, or to
otherwise perform its duties under KRS 164.350 shall be cause for the
Governor to remove all appointed members of the board or boards and replace
the entire appointed membership pursuant to KRS 63.080(4).
Effective:March 21, 2017
History: Amended 2017 Ky. Acts ch. 101, sec. 6, effective March 21, 2017. -Amended 2016 Ky. Acts ch. 136, sec. 4, effective July 15, 2016. -- 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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