53B-1-104 - Membership of the board -- Student appointee -- Terms -- Oath -- Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
(1) (a) The board shall consist of 19 residents of the state.
(b) (i) Fifteen members shall be appointed by the governor with the consent of theSenate.
(ii) (A) One additional member shall be appointed by the governor from nominations ofthe student body presidents council.
(B) The student body presidents council shall nominate three qualified, matriculatedstudents enrolled in the state institutions of higher education.
(C) Student body presidents are not eligible for nomination.
(iii) All appointments to the board shall be made on a nonpartisan basis.
(iv) In making appointments to the board, the governor shall select:
(A) at least two individuals who do not reside within a metropolitan statistical area, asdesignated by the United States Census Bureau;
(B) no more than six individuals who reside within a county of the first class;
(C) the remaining individuals from the state at large with due consideration forgeographical representation and diversity of exposure to the various institutions in the UtahSystem of Higher Education; and
(D) at least three individuals with personal experience in career and technical education,which could include service on a campus board of directors.
(c) (i) In addition to the members designated under Subsection (1)(b), two members ofthe State Board of Education, appointed by the chair of the State Board of Education, shall serveas nonvoting members of the board.
(ii) A nonvoting State Board of Education member shall continue to serve as a memberwithout a set term until the member is replaced by the chair of the State Board of Education.
(d) (i) In addition to the members designated under Subsection (1)(b), one member of theUtah College of Applied Technology Board of Trustees, appointed by the chair of the UtahCollege of Applied Technology Board of Trustees, shall serve as a nonvoting member of theboard.
(ii) A nonvoting Utah College of Applied Technology Board of Trustees member shallcontinue to serve as a member without a set term until the member is replaced by the chair of theUtah College of Applied Technology Board of Trustees.
(2) (a) Five members of the board, other than the student member, the State Board ofEducation members, and the Utah College of Applied Technology Board of Trustees member,shall be appointed during each odd-numbered year to six-year staggered terms which commenceon July 1 of the year of appointment.
(b) (i) The student member shall be appointed for a one-year term and may bereappointed for one additional term.
(ii) The student member has full voting rights and may vote on selection of a board chairor vice chair, but not serve in either office.
(c) Board members shall hold office until their successors have been appointed andqualified.
(d) The governor shall make the appointments in Subsection (1)(b)(iv)(A) by September30, 2011.
(3) (a) Each member of the board shall take the official oath of office before entering
upon the duties of office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(4) The board shall elect a chair and vice chair from its members who shall serve termsof two years and until their successors are chosen and qualified.
(5) (a) The board shall appoint a secretary from the staff of its chief executive to serve atits discretion.
(b) The secretary shall be a full-time employee who receives a salary set by the board.
(c) The secretary shall record and maintain a record of all board meetings and performother duties as the board directs.
(6) The board shall appoint a treasurer who serves at the discretion of the board.
(7) (a) The board may establish advisory committees.
(b) The powers and authority of the board are nondelegable, except as specificallyprovided for in this title.
(c) All matters requiring board determination shall be addressed in a properly convenedmeeting of the board or its executive committee.
(8) The board shall enact bylaws for its own government not inconsistent with theconstitution or the laws of this state.
(9) (a) The board shall meet regularly upon its own determination.
(b) The board may also meet, in full or executive session, at the request of its chair, itsexecutive officer, or five members of the board.
(10) A quorum of the voting members of the board is required to conduct its businessand consists of nine members.
(11) (a) A vacancy in the board occurring before the expiration of a voting member's fullterm shall be immediately filled by appointment by the governor with the consent of the Senate.
(b) The appointee serves for the remainder of the unexpired term.
(12) A board member may not receive compensation or benefits for the member'sservice, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
Amended by Chapter 286, 2010 General Session
Amended by Chapter 400, 2010 General Session