§ 116-31. Membership of the boards of trustees. - North Carolina Statutes

Part 3. Constituent Institutions.

§ 116‑31.  Membership ofthe boards of trustees.

(a)        All persons who, asof June 30, 1972, are serving as trustees of the regional universities and ofthe North Carolina School of the Arts, redesignated effective August 1, 2008,as the "University of North Carolina School of the Arts," exceptthose who may have been elected to the Board of Governors, shall continue toserve for one year beginning July 1, 1972, and the terms of all such trusteesshall continue for the period of one year.

(b)        Effective July 1,1972, a separate board of trustees shall be created for each of the followinginstitutions: North Carolina State University at Raleigh, the University ofNorth Carolina at Asheville, the University of North Carolina at Chapel Hill,the University of North Carolina at Charlotte, the University of North Carolinaat Greensboro, and the University of North Carolina at Wilmington. For theperiod commencing July 1, 1972, and ending June 30, 1973, each such board shallbe constituted as follows:

(1)        Twelve or morepersons elected prior to July 1, 1972, by and from the membership of the Boardof Trustees of the University of North Carolina, and

(2)        The president of thestudent government of the institution, ex officio.

(c)        If any vacancyshould occur in any board of trustees during the year beginning July 1, 1972,the Governor may appoint a person to serve for the balance of the year.

(d)        Except as providedin G.S. 116‑65, effective July 1, 1973, each of the 16 institutions ofhigher education set out in G.S. 116‑2(4) shall have board of trusteescomposed of 13 persons chosen as follows:

(1)        Eight elected by theBoard of Governors,

(2)        Four appointed bythe Governor, and

(3)        The president of thestudent government ex officio.

The Board of Trustees of theNorth Carolina School of Science and Mathematics shall be established inaccordance with G.S. 116‑233.

(e)        From and after July1, 1973, the term of office of all trustees, except the ex officio member,shall be four years, commencing on July 1 of odd‑numbered years. In everyodd‑numbered year the Board of Governors shall elect four persons to eachboard of trustees and the Governor shall appoint two persons to each suchboard.

(f)         In electing boardsof trustees to serve commencing July 1, 1973, the Board of Governors shalldesignate four persons for four‑year terms and four for two‑yearterms. The Governor, in making appointments of trustees to serve commencingJuly 1, 1973, shall designate two persons for four‑year terms and two fortwo‑year terms.

(g)        From and after July1, 1973, any person who has served two full four‑year terms in successionas a member of a board of trustees shall, for a period of one year, beineligible for election or appointment to the same board but may be elected orappointed to the board of another institution.

(h)        No member of theGeneral Assembly or officer or employee of the State, The University of NorthCarolina, or any constituent institution shall be eligible for election orappointment as a trustee. No spouse of a member of the General Assembly, or ofan officer or employee of a constituent institution may be a trustee of thatconstituent institution. Any trustee who is elected or appointed to the GeneralAssembly or who becomes an officer or employee of the State, The University ofNorth Carolina, or any constituent institution or whose spouse is elected orappointed to the General Assembly or becomes an officer or employee of thatconstituent institution shall be deemed thereupon to resign from his membershipon the board of trustees.

(i)         No person mayserve simultaneously as a member of a board of trustees and as a member of theBoard of Governors. Any trustee who is elected or appointed to the Board ofGovernors shall be deemed to resign as a trustee effective as of the date thathis term commences as a member of the Board of Governors.

(j)         From and afterJuly 1, 1973, whenever any vacancy shall occur in the membership of a board oftrustees among those appointed by the Governor, it shall be the duty of thesecretary of the board to inform the Governor of the existence of such vacancy,and the Governor shall appoint a person to fill the unexpired term, andwhenever any vacancy shall occur among those elected by the Board of Governors,it shall be the duty of the secretary of the board to inform the Board ofGovernors of the existence of the vacancy, and the Board of Governors shallelect a person to fill the unexpired term. Whenever a member shall fail, forany reason other than ill health or service in the interest of the State ornation, to be present for three successive regular meetings of a board oftrustees, his place as a member shall be deemed vacant.  (1971, c. 1244, s. 1; 2006‑66,s. 9.11(g); 2007‑278, s. 2; 2008‑192, s. 5.)