CO Code § 23-60-104 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 60 - Community Colleges and Occupational Education|Part 1 - General Provisions - State Board|§ 23-60-104. State Board for Community Colleges and Occupational Education - Student Advisory Council - State Advisory Council

     The state board for community colleges and occupational education is abolished, and the terms of members of the board serving as such immediately prior to April 14, 1986, are terminated.    There is created a state board for community colleges and occupational education, which is referred to in this article as the “board”. The board is a body corporate and has the authority to adopt a seal and to receive, demand, and hold for all occupational education purposes and for any educational institution under its jurisdiction such money, lands, or other property as may be donated, bequeathed, appropriated, or otherwise made available to the board, and it may use such property in the interests of community and technical colleges and occupational education in this state.           The board shall consist of eleven members, nine of whom shall be appointed by the governor with the consent of the senate. The board shall appoint a director of occupational education and a director of community and technical colleges with the qualifications and background specified by the board. Within thirty days of April 14, 1986, the governor shall appoint the initial members of the board. An initial appointee shall be authorized to act as a duly confirmed member of the board until such time as the senate has acted on such appointment. The governor may appoint, as a member of the board, any person who was a member of the board prior to its termination. No appointed member shall be an employee of any local district college, community or technical college, school district or agency receiving vocational funds allocated by the board, private institution of higher education, or state or private occupational school in the state. No appointed member shall be an elected or appointed statewide official of the state of Colorado or member of the governing board of any state-supported institution of higher education. The board shall at no time have more than five appointed members of any one political party. The board shall at all times have one member from each congressional district in the state. A vacancy on the board occurs whenever any member moves out of the congressional district from which he was appointed. A member who moves out of such congressional district shall promptly notify the governor of the date of such move, but such notice is not a condition precedent to the occurrence of the vacancy. The governor shall fill the vacancy as provided in paragraph (c) of this subsection (2). Members of the board shall be appointed so as to insure that all geographic areas of the state are represented. A state student advisory council of student members who are enrolled for a minimum of nine hours shall be elected, one each, from and by the student bodies of each of the campuses governed by the board. (a) (I)The board shall consist of eleven members, nine of whom shall be appointed by the governor with the consent of the senate. The board shall appoint a director of occupational education and a director of community and technical colleges with the qualifications and background specified by the board. Within thirty days of April 14, 1986, the governor shall appoint the initial members of the board. An initial appointee shall be authorized to act as a duly confirmed member of the board until such time as the senate has acted on such appointment. The governor may appoint, as a member of the board, any person who was a member of the board prior to its termination. No appointed member shall be an employee of any local district college, community or technical college, school district or agency receiving vocational funds allocated by the board, private institution of higher education, or state or private occupational school in the state. No appointed member shall be an elected or appointed statewide official of the state of Colorado or member of the governing board of any state-supported institution of higher education. The board shall at no time have more than five appointed members of any one political party. The board shall at all times have one member from each congressional district in the state. A vacancy on the board occurs whenever any member moves out of the congressional district from which he was appointed. A member who moves out of such congressional district shall promptly notify the governor of the date of such move, but such notice is not a condition precedent to the occurrence of the vacancy. The governor shall fill the vacancy as provided in paragraph (c) of this subsection (2). Members of the board shall be appointed so as to insure that all geographic areas of the state are represented. A state student advisory council of student members who are enrolled for a minimum of nine hours shall be elected, one each, from and by the student bodies of each of the campuses governed by the board.    The tenth member shall be a student at a college of a state system of community colleges, and the eleventh member shall be a member of the faculty of a college of the state system of community colleges. Such members shall be elected in accordance with procedures established by the board, which procedures shall take into account all the colleges within the state system of community colleges. The term of said offices shall be one year. Said offices shall be advisory, without the right to vote, and shall be without the right to attend executive sessions.       Of the members first appointed to the board, two members representing a congressional district shall be appointed for a term expiring July 1, 1987; one member representing a congressional district and one at-large member shall be appointed for a term expiring July 1, 1988; one member representing a congressional district and one at-large member shall be appointed for a term expiring July 1, 1989; and two members representing a congressional district and one at-large member shall be appointed for a term expiring July 1, 1990. Thereafter, all members shall be appointed for terms of four years each; except that a member of the board who is appointed by the governor shall continue to serve until a successor is appointed and confirmed by the senate. Notwithstanding any other provision of this section, the term of each member serving on the board of trustees as of May 26, 2006, shall be extended to expire on December 31 of the calendar year in which the member's appointed term would otherwise expire. Members appointed on or after January 1, 2007, shall serve terms of up to four years, expiring on December 31 of the third calendar year following the calendar year in which the member is appointed. For terms ending on or after December 31, 2006, the governor shall appoint a succeeding member on or before March 1 immediately following the expiration of the term. The terms of the offices of members of the state student advisory council shall be one year, beginning July 1, 1977. No member appointed to the board shall serve for more than two consecutive full four-year terms. Members of the board shall receive fifty dollars per diem for attendance at official meetings, plus actual and necessary expenses incurred in the conduct of official business.    Any vacancy in the office of any member of the board appointed by the governor shall be filled by appointment of the governor with the consent of the senate for the unexpired term. Any vacancy on the state student advisory council shall be filled for the unexpired term by appointment by the duly elected student government of the affected campus within thirty days after such vacancy occurs.       Repealed.    The board shall appoint an executive officer of the board, who shall serve at the pleasure of the board and shall receive compensation commensurate with his duties as determined by the board. Offices held by the executive officer and professional personnel are declared to be educational in nature and not under the state personnel system.     History. Source: L. 67: P. 438, § 4. C.R.S. 1963: § 124-26-4. L. 71: P. 1305, § 7. L. 72: P. 552, § 19. L. 73: P. 1335, § 1. L. 75: (2) amended, p. 741, § 8, effective January 1, 1976; (2)(a) amended, p. 509, § 2, effective January 1, 1976. L. 77: (2) amended, p. 1126, § 1, effective July 1. L. 78: (2)(a) amended, p. 383, § 1, effective March 17; (3) amended, p. 385, § 1, effective April 4. L. 79: (2)(a) amended, p. 1637, § 36, effective July 19. L. 81: (2)(a) amended, p. 852, § 29, effective July 1. L. 82: (2)(a) and (2)(b) amended, p. 353, § 10, effective April 30. L. 85: (2)(a) amended, p. 769, § 27, effective July 1. L. 86: (3) amended, p. 415, § 26, effective March 26; entire section amended, p. 838, § 2, effective April 14. L. 91: (3) amended, p. 695, § 10, effective April 20; (2)(b) amended, p. 900, § 40, effective June 5. L. 97: (3) repealed, p. 1093, § 1, effective May 27. L. 2001: (2)(a)(I) amended, p. 146, § 2, effective March 23. L. 2006: (2)(b) amended, p. 1234, § 9, effective May 26. L. 2019: (2)(b) amended,(HB 19-1152), ch. 58, p. 199, § 1, effective March 28. History. Source: L. 67: P. 438, § 4. C.R.S. 1963: § 124-26-4. L. 71: P. 1305, § 7. L. 72: P. 552, § 19. L. 73: P. 1335, § 1. L. 75: (2) amended, p. 741, § 8, effective January 1, 1976; (2)(a) amended, p. 509, § 2, effective January 1, 1976. L. 77: (2) amended, p. 1126, § 1, effective July 1. L. 78: (2)(a) amended, p. 383, § 1, effective March 17; (3) amended, p. 385, § 1, effective April 4. L. 79: (2)(a) amended, p. 1637, § 36, effective July 19. L. 81: (2)(a) amended, p. 852, § 29, effective July 1. L. 82: (2)(a) and (2)(b) amended, p. 353, § 10, effective April 30. L. 85: (2)(a) amended, p. 769, § 27, effective July 1. L. 86: (3) amended, p. 415, § 26, effective March 26; entire section amended, p. 838, § 2, effective April 14. L. 91: (3) amended, p. 695, § 10, effective April 20; (2)(b) amended, p. 900, § 40, effective June 5. L. 97: (3) repealed, p. 1093, § 1, effective May 27. L. 2001: (2)(a)(I) amended, p. 146, § 2, effective March 23. L. 2006: (2)(b) amended, p. 1234, § 9, effective May 26. L. 2019: (2)(b) amended,(HB 19-1152), ch. 58, p. 199, § 1, effective March 28.    Editor's note:   Amendments to subsection (2) in Senate Bill 75-384 and House Bill 75-1232 were harmonized.   ANNOTATION   The authority of a state created agency must be found in the statute creating the same. Colo. Polytechnic Coll. v. State Bd. for Cmty. Colls., 173 Colo. 39 , 476 P.2d 38 (1970).   Where no constitutional or legislative authority, express or implied, is to be found conferring an appointive power upon the governor or authority upon the state board to act on behalf of the federal government as a “state approving agency” for approval or nonapproval of courses offered to veterans, in the absence of enabling act conferring such power and authority upon the governor and the state board, the actions of the governor and the state board was a nullity. Colo. Polytechnic Coll. v. State Bd. for Cmty. Colls., 173 Colo. 39 , 476 P.2d 38 (1970).   Any laws and regulations that would operate in contravention of the constitutional underpinnings of the state board for community colleges and occupational education and the state land board and their constitutionally and statutorily conferred duties and powers must necessarily evidence a “clear and unmistakable” intent on the part of the general assembly to repeal the conflicting special statutory and constitutional provisions. City of Littleton v. State, 832 P.2d 985 (Colo. App. 1991).   If the laws and regulations have an impact on the lands held by the state land board, the legislative scheme must neither create a body with authority equivalent to that vested in the board nor create a situation which results in the diversion of revenues from the public school funds. City of Littleton v. State, 832 P.2d 985 (Colo. App. 1991).   The state board for community colleges and occupational education is by definition a state agency, not a “person” under a 42 U.S.C. § 1983 action, and no action for damages may be maintained against it under that statute. Nat'l Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo. App. 1991).   The state board for community colleges and occupational education is an instrumentality of the state, far more akin to state universities and their governing bodies than to municipalities and local school boards. Therefore, the board enjoys eleventh amendment immunity as an instrumentality or arm of the state of Colorado. Sturdevant v. Paulsen, 218 F.3d 1160 (10th Cir. 2000).   Trial court erred in dismissing 42 U.S.C. § 1983 claim against the members of the state board for community colleges and occupational education since the availability of judicial review pursuant to this section did not preclude such action. Nat'l Camera, Inc. v. Sanchez, 832 P.2d 960 (Colo. App. 1991).   Applied in Hansen v. Colo. Sch. of Mines, 42 Colo. App. 292, 599 P.2d 928 (1979); Rivas v. State Bd., 517 F. Supp. 467 (D. Colo. 1981 ).