CO Code § 23-40-104 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 40 - University of Northern Colorado|§ 23-40-104. Board of Trustees

     There is hereby established the board of trustees for the university of northern Colorado, which shall consist of nine members and shall be the governing authority for the university of northern Colorado. The board created by this subsection (1) shall be and is hereby declared to be a body corporate and, as such and by the names designated in this section, may hold property for the use of the university which it governs, be a party to all suits and contracts, and do all things lawfully appertaining to such university in like manner as municipal corporations of this state. The trustees of the board created by this section and their successors shall have perpetual succession, shall have a seal, may make bylaws and regulations for the well-ordering and government of the university within their jurisdiction, and may conduct the business of said university in a manner not repugnant to the constitution and laws of this state. Staff support for said board of trustees shall be provided by the staff of the university of northern Colorado.      The governor shall appoint, with the consent of the senate, seven members of the board of trustees created by this subsection (1). The initial members of the board shall take office on July 1, 1973. The terms of the seven members of the board of trustees appointed prior to June 15, 1987, shall be six years; except that appointments of members to take office on July 1, 1973, shall be made so that two members of the board have terms expiring on June 30, 1975, two members of the board have terms expiring on June 30, 1977, and three members of the board have terms expiring on June 30, 1979. Persons who are appointed members and who are holding office on June 15, 1987, are subject to the provisions of section 24-1-137, C.R.S. Thereafter the terms of the seven members of the board of trustees appointed by the governor shall be four years; 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. (b) (I) The governor shall appoint, with the consent of the senate, seven members of the board of trustees created by this subsection (1). The initial members of the board shall take office on July 1, 1973. The terms of the seven members of the board of trustees appointed prior to June 15, 1987, shall be six years; except that appointments of members to take office on July 1, 1973, shall be made so that two members of the board have terms expiring on June 30, 1975, two members of the board have terms expiring on June 30, 1977, and three members of the board have terms expiring on June 30, 1979. Persons who are appointed members and who are holding office on June 15, 1987, are subject to the provisions of section 24-1-137, C.R.S. Thereafter the terms of the seven members of the board of trustees appointed by the governor shall be four years; 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.    Notwithstanding any other provision of this section, the appointments to succeed members whose terms expire on December 31, 2011, shall be as follows:   Two members who shall serve four-year terms;    Two members who shall serve three-year terms; and    One member who shall serve a one-year term.       Notwithstanding any other provision of this section, the appointments to succeed members whose terms expire on or after December 31, 2013, shall be for four-year terms.    Of the seven members appointed by the governor, no more than four members shall be from the same political party.    The eighth office shall be filled by an elected member of the student body who is a full-time junior or senior student at the university of northern Colorado. The term of said elected office shall be one year, beginning July 1. The elected student office shall be advisory, without the right to vote. The elected student member of the board shall have resided in the state of Colorado not less than three years prior to his or her election. For purposes of this paragraph (b), “full-time student” means the equivalent of the definition of “full-time equivalent student” used by the joint budget committee of the general assembly. The ninth office shall be filled by an elected member of the faculty at large elected by other members of the faculty at large for a term of one year, beginning July 1, and such office shall be advisory, without the right to vote.    All vacancies in the office of any member appointed by the governor shall be filled by appointment by the governor for the unexpired term, and any vacancy in either of the elected offices on the board shall be filled by reelection for the unexpired term.    Each trustee shall take an oath or affirmation in accordance with section 24-12-101.       Repealed.       Repealed.      History. Source: L. 75: Entire section added, p. 211, § 32, effective July 16; entire section added, p. 738, § 3, effective January 1, 1976. L. 81: (1) amended, p. 1121, § 1, effective June 4. L. 83: (1)(c) repealed, p. 807, § 1, effective March 22. L. 87: (1)(b) amended, p. 908, § 16, effective June 15. L. 88: (2) amended, p. 858, § 8, effective July 1. L. 2003: (2) repealed, p. 793, § 19, effective July 1. L. 2006: (1)(b) amended, p. 1230, § 2, effective May 26. L. 2011: (1)(b) amended,(HB 11-1060), ch. 31, p. 87, § 1, effective August 10. L. 2018: (1)(b)(VIII) amended,(HB 18-1138), ch. 88, p. 694, § 11, effective August 8.    Editor's note:   Amendments to this section by House Bill 75-1232 and Senate Bill 75-453 were harmonized.   Cross references:   For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.   ANNOTATION   The general assembly did not intend to waive sovereign immunity for the university of northern Colorado or to subject it to exposure under 42 U.S.C. § 1983 when it chose a corporate form for its governance. Graham v. State of Colo., 956 P.2d 556 (Colo. 1998).   Any judgment against the university of northern Colorado under 42 U.S.C. § 1983 would be paid by the state and not the university as an arm of the state. The university is not a “person” for § 1983 purposes. Graham v. State of Colo., 956 P.2d 556 (Colo. 1998).