KRS § 164.005 — KY Code / Title XIII / Chapter 164 / Section 164.005
164.005 Governor's Postsecondary Education Nominating Committee -- Membership -- Terms -- Duties
Status: in_force

164.005 Governor's Postsecondary Education Nominating Committee --

Membership -- Terms -- Duties.

(1) There is established the Governor's Postsecondary Education Nominating

Committee which shall consist of seven (7) members representing each of the

Supreme Court districts who shall be appointed by the Governor with the consent of

the House of Representatives and the Senate. If the General Assembly is not in

session at the time of appointment, the consent of the General Assembly shall be

obtained during the time the General Assembly next convenes.

(2) (a) In order to be eligible to serve on the Governor's Postsecondary Education

Nominating Committee, a member at the time of appointment shall have no

conflict of interest pursuant to KRS 45A.340. In addition, no member shall

have a relative employed by a public postsecondary institution, the Council on

Postsecondary Education, the Kentucky Higher Education Assistance

Authority, the Kentucky Higher Education Student Loan Corporation, or the

Kentucky Authority for Educational Television during his or her tenure on the

committee. No more than two (2) persons holding an undergraduate degree

from the same institution of higher education shall be members of the

committee.

(b) The Governor shall make the appointments so as to reflect, inasmuch as

possible, equal representation of the two (2) sexes and no less than

proportional representation of the two (2) leading political parties of the

Commonwealth based on the state's voter registration and to assure that

appointments reflect the minority racial composition of the Commonwealth.

In filling vacancies to the committee, 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.

(c) In selecting the members of the committee, the Governor shall solicit

recommendations from each of the following:

1. Advisory Conference of Presidents;

2. Council on Postsecondary Education Student Advisory Committee;

3. Associations representing faculty from universities, technical

institutions, and community colleges;

4. Associations representing university, technical institutions, and

community college alumni;

5. Postsecondary education advocacy groups;

6. The Kentucky Board of Education;

7. Associations representing business and civic interests; and

8. Associations representing independent, nonprofit colleges and

universities.

(3) (a) Members of the committee representing Supreme Court districts shall serve

six (6) year terms and until a successor is appointed, except the initial

appointments shall be as follows:

1. Two (2) members shall serve a two (2) year term;

2. Two (2) members shall serve a four (4) year term; and

3. Three (3) members shall serve a six (6) year term.

(b) The terms of the original appointees shall expire on April 14 in the year

designated for the term, and the terms of each member appointed thereafter

shall begin on April 15. Appointments shall be submitted to the Senate and to

the House of Representatives for confirmation by February 1 in each year that

a regular session of the General Assembly convenes. Each appointment shall

be consented to by both chambers in order for the person to be confirmed. At

the first regular meeting of the committee each fiscal year, a chairperson shall

be selected by the membership.

(4) The members of the committee may be reimbursed for actual and necessary

expenditures incurred in the performance of their duties. The expenses of the

committee shall be paid out of the appropriation for the Governor's office.

(5) (a) The committee shall be responsible for submitting three (3) nominations from

which the Governor shall select each gubernatorial appointment to a

university or Kentucky Community and Technical College System governing

board made pursuant to KRS 164.131, 164.321, and 164.821 and to the

Council on Postsecondary Education pursuant to KRS 164.011. The

committee shall not make recommendations for alumni, faculty, and staff

appointments made pursuant to KRS 164.131 and 164.821 and the student

appointments made pursuant to KRS 164.131, 164.321, and 164.821. If more

than one (1) equivalent gubernatorial appointment is being made to a

governing board or the Council on Postsecondary Education at the same time,

the committee shall submit a number of nominees equal to three (3) times the

number of vacancies. The committee shall provide to the Governor, inasmuch

as possible, an equal number of male and female nominees. If the Governor

needs nominees of a particular sex in order to make an appointment, the

committee shall only provide nominees of that sex. The Governor shall select

the appointees from among the nominees.

(b) The committee shall be responsible for submitting three (3) nominations from

which the Governor shall select each gubernatorial appointment to the

Kentucky Authority for Educational Television made pursuant to KRS

168.040, the Kentucky Higher Education Assistance Authority pursuant to

KRS 164.746, and the Kentucky Higher Education Student Loan Corporation

pursuant to KRS 164A.050. If more than one (1) appointment is being made at

the same time, the committee shall submit a number of nominees equal to

three (3) times the number of vacancies. The Governor shall select the

appointees from among the nominees.

(c) Nominations shall be made thirty (30) days prior to the expiration of a term or

as soon as practicable following an unforeseen vacancy. The Governor shall

make the appointment within sixty (60) days following receipt of the

nominations. If the Governor does not make the appointment within sixty (60)

days, the committee shall select one (1) of the nominees to serve.

(6) In making its nominations, the committee shall consider the needs of the respective

institutions, locate potential appointees, review candidates' qualifications and

references, conduct interviews, and carry out other search and screening activities as

necessary.

(7) The Governor's office staff shall provide support services for the committee.