KRS § 164.321 — KY Code / Title XIII / Chapter 164 / Section 164.321
164.321 Boards of Regents of Eastern Kentucky, Morehead State, Murray State, Western Kentucky, Kentucky State, and Northern Kentucky Universities, and Kentucky Community and Technical College System -- Membership -- Terms -- Grounds for removal and replacement of all board members
Status: in_force

164.321 Boards of Regents of Eastern Kentucky, Morehead State, Murray State,

Western Kentucky, Kentucky State, and Northern Kentucky Universities, and

Kentucky Community and Technical College System -- Membership -- Terms -

- Grounds for removal and replacement of all board members.

(1) Eastern Kentucky University, Morehead State University, Murray State University,

Western Kentucky University, Kentucky State University, Northern Kentucky

University, and the Kentucky Community and Technical College System shall each

be governed by a board of regents appointed for a term set by law pursuant to

Section 23 of the Constitution of Kentucky.

(a) Each board of the comprehensive universities shall consist of eight (8)

members appointed by the Governor, one (1) member of the teaching faculty,

one (1) member of the university nonteaching personnel, and one (1) member

of the student body of the respective university or college. The members

appointed by the Governor shall be subject to confirmation by the Senate. The

members of the board shall select a chairperson annually.

(b) The board of the Kentucky Community and Technical College System shall

consist of eight (8) members appointed by the Governor, two (2) members of

the teaching faculty, two (2) members of the nonteaching personnel, and two

(2) members of the student body. The members appointed by the Governor

shall be subject to confirmation by the Senate.

1. No more than three (3) appointed members of the board shall reside in

any one (1) judicial district of the Kentucky Supreme Court as of the

date of the appointment.

2. A change in residency of a gubernatorial appointee after the date of

appointment shall not affect the appointee's ability to serve or eligibility

for reappointment, except an appointee who assumes residency outside

the fifty (50) United States shall become immediately ineligible to serve.

The Council on Postsecondary Education shall notify the appointee of

his or her ineligibility to serve.

3. In making initial appointments, the Governor shall act so as to provide

equal representation of the two (2) sexes. In filling vacancies, 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.

(2) The terms of appointed members shall be for six (6) years and until their successors

are appointed and qualified, unless a member is removed by the Governor pursuant

to KRS 63.080(2), (3), or (4), except the initial appointments to the board of regents

for the Kentucky Community and Technical College System shall be as follows:

(a) One (1) member shall serve a one (1) year term;

(b) One (1) member shall serve a two (2) year term;

(c) Two (2) members shall serve three (3) year terms;

(d) One (1) member shall serve a four (4) year term;

(e) One (1) member shall serve a five (5) year term; and

(f) Two (2) members shall serve six (6) year terms.

New appointees of a board of regents shall not serve for more than two (2)

consecutive terms.

(3) The gubernatorial appointments may include one (1) graduate of the respective

institution who resides outside the Commonwealth. Not more than two (2)

appointed members of any board shall be residents of one (1) county. The

appointments shall reflect the proportional representation of the two (2) leading

political parties of the Commonwealth based on the state's voter registration and the

political affiliation of each appointee as of December 31 of the year preceding the

date of his or her appointment. A particular political affiliation shall not be a

prerequisite to appointment to any board generally; however, if any person is

appointed to a board that does not represent either of the two (2) leading political

parties of the Commonwealth, the proportional representation by political affiliation

requirement shall be determined and satisfied based on the total number of

members on the board less any members not affiliated with either of the two (2)

leading political parties. Membership on the board shall reflect no less than

proportional representation of the minority racial composition of the

Commonwealth based on the total minority racial population using the most recent

census or estimate data from the United States Census Bureau. If the determination

of proportional minority representation does not result in a whole number of

minority members, it shall be rounded up to the next whole number. Membership

on the board shall not be incompatible with any state office. A change in residency

after the date of appointment shall not affect a member's ability to serve nor shall it

prevent a member's eligibility for reappointment, except a member who assumes

residency outside the fifty (50) United States shall become immediately ineligible

to serve. The Council on Postsecondary Education shall notify the appointee of his

or her ineligibility to serve.

(4) Appointments to fill vacancies shall be made in the same manner and within the

same time after the occurrence of the vacancy as regular appointments. The person

appointed shall hold the position for the unexpired term only.

(5) Each member of the board shall serve for the term for which the member is

appointed and until a successor is appointed and qualified, unless a member is

removed by the Governor pursuant to KRS 63.080(2), (3), or (4).

(6) (a) The faculty member of a comprehensive university shall be a teaching or

research member of the faculty of his or her respective university of the rank

of assistant professor or above. The faculty member shall be elected by secret

ballot by all faculty members of his or her university of the rank of instructor,

assistant professor, or above. The faculty member shall serve for a term of

three (3) years and until his successor is elected and qualified. The faculty

member shall be eligible for reelection, but he or she shall not be eligible to

continue to serve as a member of the board if he or she ceases being a member

of the teaching staff of the university. Elections to fill vacancies shall be for

the unexpired term in the same manner as provided for the original election.

(b) The faculty members of the Kentucky Community and Technical College

System shall be represented by one (1) faculty member elected from the

community colleges and one (1) faculty member elected from the technical

institutions to serve three (3) year terms and until their successors are named.

The faculty representative of each branch shall be elected by means of a

process established by the board. The faculty members may be reelected but

shall not serve more than two (2) consecutive terms. A faculty member shall

be ineligible to continue to serve as a member of the board if he or she ceases

to be a member of the faculty at one (1) of the institutions within the system.

Elections to fill vacancies shall be for the unexpired term in the same manner

as provided for the original election. These two (2) members shall collectively

have one (1) vote which may be cast one-half (1/2) vote by each member.

(7) (a) The nonteaching personnel member in a comprehensive university shall be

any full-time staff member excluding the president, vice presidents, academic

deans, and academic department chairpersons. He or she shall represent all

nonteaching university employees including, but not limited to, building

facilities and clerical personnel. The member shall be elected by secret ballot

by the nonteaching employees. The nonteaching personnel member shall

serve a term of three (3) years and until a successor is elected and qualified.

The nonteaching personnel member shall be eligible for reelection, but he or

she shall not be eligible to continue to serve as a member of the board if he or

she ceases being an employee of the university. Elections to fill vacancies

shall be for the unexpired term in the same manner as provided for the

original election.

(b) The nonteaching personnel members in the Kentucky Community and

Technical College System shall be any full-time staff member excluding a

president, chancellor, vice president, academic dean, academic department

chair, or other administrator. They shall represent all nonteaching employees

in their respective branch institutions including, but not limited to, support

and clerical personnel. One (1) member shall be a representative from the

community colleges and one (1) member shall be a representative from the

technical institutions. They shall serve three (3) year terms and until their

successors are named. These two (2) members shall collectively have one (1)

vote which may be cast one-half (1/2) vote by each member. The nonteaching

personnel members of each branch shall be elected by means of a process

established by the board. A nonteaching personnel member may be reelected

but shall not serve more than two (2) consecutive terms. A nonteaching

employee shall be ineligible to continue to serve as a member of the board if

that employee ceases to be a nonteaching employee at one (1) of the

institutions within the system. Elections to fill vacancies shall be for the

unexpired term in the same manner as provided for the original election.

(8) (a) The student member on a comprehensive university board shall serve a one

(1) year term beginning on July 1 after being elected and sworn in as student

body president and ending on the following June 30. If the student member

does not maintain the position as student body president or the status as a full-

time student at any time during that academic year, a special election shall be

held to select a full-time student member. The elected student member shall

serve for the remainder of the unexpired term.

(b) Two (2) full-time student members shall be elected to the board of regents for

the Kentucky Community and Technical College System. One (1) shall

represent students of the community colleges and one (1) shall represent the

technical institutions. The student members shall be elected by means of a

process established by the board. The student members shall serve one (1)

year terms beginning on July 1 after being elected and sworn in as a student

member of the board and ending on the following June 30. If the student

member does not maintain the status as a full-time student, a special election

shall be held to fill the vacancy for the remainder of the unexpired term. The

two (2) members shall collectively have one (1) vote which may be cast one-

half (1/2) vote by each member.

(9) All appointed and elected persons shall be required to attend and complete an

orientation and education program prescribed by the council under KRS

164.020(24), as a condition of their service and eligibility for appointment or

election to a second term.

(10) Board members may be removed by the Governor under the following

circumstances:

(a) For cause, pursuant to KRS 63.080(2); or

(b) Pursuant to KRS 63.080(3) or (4).

(11) The inability of the board or boards of the comprehensive universities or Kentucky

Community and Technical College System to hold quarterly meetings, to elect a

chairperson annually, to establish a quorum, to adopt an annual budget, to set

tuition rates, to conduct an annual evaluation of the president of the university or

system, to carry out its primary function to periodically evaluate the university's or

system's progress in implementing its mission, goals, and objectives to conform to

the strategic agenda, or to otherwise perform its duties under KRS 164.350 shall be

cause for the Governor to remove all appointed members of the board or boards and

replace the entire appointed membership pursuant to KRS 63.080(4).