An Act To Strengthen the Governance of the Maine Community College System and University of Maine System
Maine Legislature, Session 130, LD 1820
Committee: Education and Cultural Affairs
Sponsors: MILLETT, BREEN, OSHER, PEBWORTH, ROEDER, RAFFERTY, VITELLI
Amends: 20-A MRSA §12705

Legislative Document
No. 1820
H.P. 1353
House of Representatives, December 17, 2021
An Act To Strengthen the Governance of the Maine Community 
College System and University of Maine System
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 15, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Senator BREEN of Cumberland and
Representatives: OSHER of Orono, PEBWORTH of Blue Hill, ROEDER of Bangor, Senators: 
RAFFERTY of York, VITELLI of Sagadahoc.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is critical that the State have a well-functioning and high-quality public 
higher education system; and
Whereas, the need for cooperation between labor and management in our higher 
education system is urgent given the inflow of federal and state pandemic stimulus funds 
to Maine’s higher education system; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §12705, sub-§1, as amended by PL 2005, c. 425, §25, is 
further amended to read:
1.  Membership.  The board of trustees consists of 13 appointed voting members, one 
ex officio voting member and, 1 ex officio, nonvoting member and 3 appointed nonvoting 
members as follows:
C.  Twelve from the field of business and industry, the field of labor, the field of 
education and the general public;
D.  The Commissioner of Education, or the commissioner's successor, who serves as 
an ex officio voting member;
F.  The Commissioner of Labor, or the commissioner's successor, who serves as an ex 
officio nonvoting member; and
G.  One member who is from the student body of one of the community college 
campuses at the time of appointment and who is a permanent resident of the State.  To 
be eligible for appointment as a student member, a student must be enrolled for a 
minimum of 12 credit hours per semester.
The student member is a full voting member of the board of trustees and serves for a 
2-year term and until a successor is qualified.  By January 1st of every 2nd year, the 
president of the system shall solicit a list of 6 eligible students from the student 
governments from 6 of the campuses within the Maine Community College System, 
the 7th campus being excluded in accordance with this subsection.  The Governor shall 
then nominate a student trustee chosen from the list within 30 days of receiving the list 
of names.  The nomination is subject to review by the joint standing committee of the 
Legislature having jurisdiction over education matters and to confirmation by the 
Legislature.  The student trustee may not come from the same campus in any 2 
consecutive terms.  In the event that the student trustee transfers from one campus to 
another during the student's term of appointment, the student's original campus of 
enrollment is the campus excluded when the next student trustee is appointed.;
H.  One full-time member of the faculty employed by the system, who serves as a 
nonvoting member;
I.  One member of the adjunct faculty employed by the system, who serves as a 
nonvoting member; and
J.  One full-time nonfaculty staff member employed by the system, who serves as a 
nonvoting member.
Sec. 2.  20-A MRSA §12705, sub-§2, as amended by PL 1991, c. 140, §3, is further 
amended to read:
2.  Appointment; terms.  This subsection governs appointment and terms of members 
of the board of trustees other than the terms of faculty and staff members of the system 
appointed under subsection 2-A. Members of the board of trustees are appointed by the 
Governor to 4-year terms of office, subject to review by the joint standing committee of 
the Legislature having jurisdiction over education matters and to confirmation by the 
Legislature.  In appointing members to the board, the Governor shall give proper 
consideration to achieving statewide geographical representation and gender equity.  No 
classified or unclassified employee of the State or person who holds elected state office 
may serve on the board of trustees, with the exception of the ex officio members.
Sec. 3.  20-A MRSA §12705, sub-§2-A is enacted to read:
2-A.  Appointment of faculty and staff members; terms; vacancies; compensation.  
Notwithstanding Title 17, section 3104, this subsection governs appointment, terms, 
vacancies and compensation of faculty and staff members of the system appointed to the 
board of trustees pursuant to subsection 1, paragraphs H to J.  These members serve for 2-
year terms and until a successor is qualified.  Sixty days prior to the expiration of the 
members’ terms, the Governor shall solicit a list of 3 eligible candidates from each of the 
unions to which faculty, adjunct faculty and staff of the system, respectively, belong.  The 
Governor shall nominate the faculty, adjunct faculty or staff member within 30 days of 
receiving the lists of names, and the nomination is subject to review by the joint standing 
committee of the Legislature having jurisdiction over education matters and confirmation 
by the Legislature. The members appointed to a given seat may not come from the same 
campus in any 2 consecutive terms. The members must be granted reasonable leave with 
pay at the members’ regular salaries as employees of the system to attend meetings and 
other board functions that occur between the hours of 8 a.m. and 5 p.m. on business days.  
This subsection may not be construed to alter the compensation of a member for the 
performance of a member’s duties as a system employee.
Sec. 4.  20-A MRSA §12705, sub-§3, as enacted by PL 1985, c. 695, §11, is 
amended to read:
3.  Vacancies.  Vacancies Except as provided in subsection 2-A, vacancies on the board 
of trustees shall must be filled for the unexpired term only.  A member shall serve until a 
successor has been appointed and qualified.
Sec. 5.  20-A MRSA §12705, sub-§4, as enacted by PL 1985, c. 695, §11, is 
amended to read:
4.  Compensation.  Members shall be Except as provided in subsection 2-A, members 
are compensated for their expenses according to Title 5, chapter 379.
Sec. 6.  P&SL 1865, c. 532, §4, first ¶, as amended by PL 1985, c. 779, §89, is 
further amended to read:
Sec. 4.  Board of Trustees.  The Board of Trustees of the University of Maine 
System shall consist consists of 16 19 members.
Sec. 7.  P&SL 1865, c. 532, §4, sub-§3-B is enacted to read:
3-B.  Faculty member.  Notwithstanding the Maine Revised Statutes, Title 17, section 
3104, one of the members must be a full-time member of the faculty employed by the 
University of Maine System.  The faculty member is a nonvoting member of the Board of 
Trustees and serves for a 2-year term and until a successor is qualified.  Within 60 days 
after the effective date of this subsection, and subsequently 60 days prior to the expiration 
of the faculty member's term, the Governor shall solicit a list of 3 eligible candidates from 
each of the unions to which faculty members belong.  The Governor shall nominate a 
faculty member within 30 days of receiving the lists of names, and the nomination is subject 
to review by the joint standing committee of the Legislature having jurisdiction over 
education matters and confirmation by the Legislature.  The faculty member may not come 
from the same campus in any 2 consecutive terms.  The faculty member must be granted 
reasonable leave with pay at the faculty member's regular salary as an employee of the 
University of Maine System to attend meetings and other board functions that occur 
between the hours of 8 a.m. and 5 p.m. on business days.  This subsection may not be 
construed to alter the compensation of the faculty member for the performance of the 
member's duties as a University of Maine System employee.
Sec. 8. P&SL 1865, c. 532, §4, sub-§3-C is enacted to read:
3-C.  Nonfaculty staff member.  Notwithstanding the Maine Revised Statutes, Title 
17, section 3104, one of the members must be a full-time nonfaculty staff member 
employed by the University of Maine System.  The staff member is a nonvoting member 
of the Board of Trustees and serves for a 2-year term and until a successor is qualified.  
Within 60 days after the effective date of this subsection, and subsequently 60 days prior 
to the expiration of the staff member's term, the Governor shall solicit a list of 3 eligible 
candidates from each of the unions to which staff members belong.  The Governor shall 
nominate a staff member within 30 days of receiving the lists of names, and the nomination 
is subject to review by the joint standing committee of the Legislature having jurisdiction 
over education matters and confirmation by the Legislature.  The staff member may not 
come from the same campus or union in any 2 consecutive terms.  The staff member must 
be granted reasonable leave with pay at the staff member's regular salary as an employee 
of the University of Maine System to attend meetings and other board functions that occur 
between the hours of 8 a.m. and 5 p.m. on business days.  This subsection may not be 
construed to alter the compensation of the staff member for the performance of the 
member's duties as a University of Maine System employee. 
Sec. 9.  P&SL 1865, c. 532, §4, sub-§3-D is enacted to read:
3-D.  Adjunct faculty member.  Notwithstanding the Maine Revised Statutes, Title 
17, section 3104, one of the members must be an adjunct faculty member employed by the 
University of Maine System.  The adjunct faculty member is a nonvoting member of the 
Board of Trustees and serves for a 2-year term and until a successor is qualified.  Within 
days after the effective date of this subsection, and subsequently 60 days prior to the 
expiration of the adjunct faculty member's term, the Governor shall solicit a list of 3 eligible 
candidates from each of the unions to which adjunct faculty members belong.  The 
Governor shall nominate an adjunct faculty member within 30 days of receiving the lists 
of names, and the nomination is subject to review by the joint standing committee of the 
Legislature having jurisdiction over education matters and confirmation by the Legislature.  
The adjunct faculty member may not come from the same campus or union in any 2 
consecutive terms.  The adjunct faculty member must be granted reasonable leave with pay 
at the adjunct faculty member's regular salary as an employee of the University of Maine 
System to attend meetings and other board functions that occur between the hours of 8 a.m. 
and 5 p.m. on business days.  This subsection may not be construed to alter the 
compensation of the adjunct faculty member for the performance of the member's duties as 
a University of Maine System employee.
Sec. 10. Initial term of Board of Trustees of the Maine Community College 
System nonvoting faculty and staff members.  Notwithstanding the Maine Revised 
Statutes, Title 20-A, section 12705, subsection 2-A, the nonvoting faculty, adjunct faculty 
and staff members appointed to the Board of Trustees of the Maine Community College 
System pursuant to the Maine Revised Statutes, Title 20-A, section 12705, subsection 1, 
paragraphs H to J must be appointed by the Governor within 60 days of the effective date 
of this legislation. For each respective appointment, the Governor shall solicit lists of 3 
eligible candidates from each union to which the members may belong.  The Governor 
shall nominate the members within 30 days of receiving the lists of names, and the 
nominations are subject to review by the joint standing committee of the Legislature having 
jurisdiction over education matters and confirmation by the Legislature.  For each 
respective member, the members may not come from the same campus in any 2 consecutive 
terms.  The members must be granted reasonable leave with pay at the members’ regular 
salaries as employees of the Maine Community College System to attend meetings and 
other board functions that occur between the hours of 8 a.m. and 5 p.m. on business days.  
This subsection may not be construed to alter the compensation of the members for the 
performance of the members’ duties as system employees.  These members serve for 2-
year terms and until a successor is qualified. 
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill adds 3 members each to the Board of Trustees of the University of Maine 
System and the Board of Trustees of the Maine Community College System: a faculty 
member, a nonfaculty staff member and an adjunct faculty member, notwithstanding the 
Maine Revised Statutes, Title 17, section 3104, which governs conflicts of interest and 
contracts made on behalf of the State.  The members are nonvoting members, serve 2-year 
terms and are appointed by the Governor from a list provided by their respective unions.  
The successive members for a seat may not come from the same campus in any 2 
consecutive terms.  They receive reasonable leave with pay at their university salaries for 
board meetings and other board business conducted during working hours, and their 
compensation as university employees is not otherwise altered.  The bill also requires that 
the Governor solicit lists of eligible candidates for initial appointments within 60 days of 
the effective date of this Act.