85-304 Board of trustees; powers, enumerated.
85-304. Board of trustees; powers, enumerated.The board shall have the power:(1) To appoint a president and such other persons as may be required for each school;(2) To fix their compensation and prescribe their duties;(3) To remove all persons appointed, but the affirmative votes of four members of the board shall be necessary to remove a president or an assistant during the time for which such persons were appointed;(4) Through an extension division to provide for holding of classes at various localities throughout the state, avoiding unnecessary duplication of courses offered by other educational institutions in such localities;(5) To acquire real and personal property and dispose of the same whenever any of the state colleges will be benefited thereby, but no grounds upon which any buildings of any of the state colleges are located shall be disposed of without the consent of the Legislature;(6) To pay expenses for recruitment of academic, administrative, professional, and managerial personnel; and(7) To provide benefits for all present and future employees, including group life insurance, group hospital-medical insurance, and group long-term disability income insurance; and(8) Shall have the duty to institute a continuing program of preventive maintenance and a program of deferred maintenance consistent with the provisions of sections 81-173 to 81-190; and(9) Shall have the duty to consult with the Nebraska Arts Council and acquire works of art for the original construction of any public building under its supervision consistent with sections 82-317 to 82-329, 85-106 to 85-106.03, and 85-304 to 85-304.03. SourceLaws 1881, c. 78, sub. XIII, § 4, p. 373; R.S.1913, § 7060; C.S.1922, § 6695; C.S.1929, § 85-304; Laws 1937, c. 212, § 1, p. 849; C.S.Supp.,1941, § 85-304; R.S.1943, § 85-304; Laws 1959, c. 462, § 1, p. 1530; Laws 1963, c. 542, § 2, p. 1690; Laws 1969, c. 852, § 4, p. 3201; Laws 1973, LB 248, § 3; Laws 1973, LB 423, § 2; Laws 1977, LB 309, § 21; Laws 1978, LB 664, § 13. AnnotationsWhere teacher was dismissed by letter from president of state normal school, quo warranto was a proper remedy to test whether dismissal was effective. Eason v. Majors, 111 Neb. 288, 196 N.W. 133 (1923).Upon showing that college administrative body acted from honest conviction upon belief facts showed it was for best interests of the school, and there was no showing that act was arbitrary or generated by ill will, fraud, coercion, or other such motives, court will not interfere. Levitt v. Board of Trustees of Nebraska State Colleges, 376 F.Supp. 945 (D. Neb. 1974).