§ 116-233. Board of Trustees; appointment; terms of office.
§ 116‑233. Board ofTrustees; appointment; terms of office.
(a) Notwithstanding theprovisions of G.S. 116‑31(d), there shall be a Board of Trustees of theSchool, which shall consist of 27 members as follows:
(1) Thirteen members whoshall be appointed by the Board of Governors of The University of NorthCarolina, one from each congressional district.
(2) Four members withoutregard to residency who shall be appointed by the Board of Governors of TheUniversity of North Carolina.
(3) Three members, exofficio, who shall be the chief academic officers, respectively, of constituentinstitutions. The Board of Governors shall in 1985 and quadrennially thereafterdesignate the three constituent institutions whose chief academic officersshall so serve, such designations to expire on June 30, 1989, and quadrenniallythereafter.
(4) The chief academicofficer of a college or university in North Carolina other than a constituentinstitution, ex officio. The Board of Governors shall designate in 1985 andquadrennially thereafter which college or university whose chief academicofficer shall so serve, such designation to expire on June 30, 1989, andquadrennially thereafter.
(5) Two membersappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121.
(6) Two membersappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives in accordance with G.S. 120‑121.
(7) Two membersappointed by the Governor.
(b) Appointed membersof the Board of Trustees shall be selected for their interest in and commitmentto public education and to the purposes of the School, and they shall becharged with the responsibility of serving the interests of the whole State. Inappointing members, the objective shall be to obtain the services of the bestqualified persons, taking into consideration the desirability of diversity ofmembership, including men and women, representatives of different races, andmembers of different political parties.
(c) No member of theGeneral Assembly or officer or employee of the State, the School, TheUniversity of North Carolina, or of any constituent institution of TheUniversity of North Carolina, shall be eligible to be appointed to the Board ofTrustees except as specified under subdivision (3) of subsection (a) of thissection. No spouse of a member of the General Assembly, or of an officer oremployee of the school may be a member of the Board of Trustees. Any appointedtrustee who is elected or appointed to the General Assembly or who becomes anofficer or employee of the State, except as specified under subdivision (3) ofsubsection (a) of this section, or whose spouse is elected or appointed to theGeneral Assembly or becomes such an officer or employee of the School, shall bedeemed thereupon to resign from his or her membership on the Board of Trustees.This subsection does not apply to ex officio members.
(d) Members appointedunder subdivisions (1) or (2) of subsection (a) of this section shall servestaggered four‑year terms expiring June 30 of odd numbered years.
(d1) Only an ex officiomember shall be eligible to serve more than two successive terms.
(d2) Any vacancy in themembership of the Board of Trustees appointed under G.S. 116‑233(a)(1) or(2) shall be reported promptly by the Secretary of the Board of Trustees to theBoard of Governors of The University of North Carolina, which shall fill anysuch vacancy by appointment of a replacement member to serve for the balance ofthe unexpired term. Any vacancy in members appointed under G.S. 116‑233(a)(5)or (6) shall be filled in accordance with G.S. 120‑122. Any vacancy inmembers appointed under G.S. 116‑233(a)(7) shall be filled by theGovernor for the remainder of the unexpired term. Reapportionment ofcongressional districts does not affect the right of any member to complete theterm for which the member was appointed.
(e) Of the initialmembers appointed under G.S. 116‑233(a)(5), one member shall serve a termto expire June 30, 1987, and one member shall serve a term to expire June 30,1989. Subsequent appointments shall be for four‑year terms. The initialmembers appointed under G.S. 116‑233(a)(6), shall be appointed for termsto expire June 30, 1987. Subsequent appointments shall be for two‑yearterms. The initial members appointed under G.S. 116‑233(a)(7) shall beappointed for terms to expire January 15, 1989. Successors shall be appointedfor four‑year terms.
(f) Whenever anappointed member of the Board of Trustees shall fail, for any reason other thanill health or service in the interest of the State or nation, to be present atthree successive regular meetings of the Board, his or her place as a member ofthe Board shall be deemed vacant. (1985, c. 757, s. 206(b); 1991 (Reg. Sess., 1992), c.879, ss. 1, 2; 1995, c. 490, s. 45; c. 509, s. 65; 2003‑57, ss. 1, 2;2006‑66, s. 9.11(m); 2007‑278, s. 4.)