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 -- Me - Kentucky Statutes

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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) 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. (2) 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. 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. (3) 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. (4) 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. (5) Each member of the board shall serve for the term for which the member is appointed and until a successor is appointed and qualified. (6) (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. (7) (a) 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. (b) 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. (8) (a) 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. (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 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. (9) All 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.