DC Code § 38-1202.01 (2021)
2021 District of Columbia Code|Title 99 - Reserved sections|§ 38-1202.01. (Perm). Establishment of Board of Trustees and University

(a) There is established a body corporate by name of the Board of Trustees of the University of the District of Columbia, which by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties authorized by this section, and §§ 38-1202.06 and 38-1204.03, including the power to: (1) Adopt, alter, and use a corporate seal, which shall be judicially noticed; (2) Make contracts; (3) Sue and be sued; (4) Complain and defend in its name in any court of competent jurisdiction; (5) Make, deliver, and receive deeds, leases, and other instruments; (6) Take title to real and other property in its name; (7) Adopt, prescribe, amend, repeal, and enforce bylaws, rules, and regulations it considers necessary for the governance and administration of the University; and (8) Procure and contract for goods and services. (b) There is hereby authorized to be established an independent agency of the government of the District of Columbia known as the University of the District of Columbia which shall be governed by the Board of Trustees as established in subsection (a) of this section. (c) The Board of Trustees shall consist of 15 voting members selected in the following manner: (1) Eleven members shall be appointed by the Mayor with the advice and consent of the Council. (2) One member shall be a full-time student in good standing at the University elected by secret ballot by the student community at an election at which each registered student at the University shall be entitled to one vote. (3) Each of the 3 remaining members shall be a holder of a degree from the University of the District of Columbia or from one or more of its predecessor institutions, including Miner Teachers College, Wilson Teachers College, District of Columbia Teachers College, Washington Technical Institute, or Federal City College, and shall be elected by a postal ballot election at which each living person who holds a degree from any of the foregoing institutions shall be sent a ballot and shall be entitled to vote. (4) The Board of Trustees shall be responsible for the efficient and fair conduct of the elections for student and alumni Trustees pursuant to paragraphs (2) and (3) of this subsection. The elections shall be governed by election rules adopted by the Board of Trustees in accordance with subchapter I of Chapter 5 of Title 2. The initial rules shall be adopted by the Board of Trustees within 100 days of February 27, 1990, and shall include provisions for nomination of candidates by petition and may also provide for a nominating committee which, if it is appointed, shall submit for inclusion on the ballot twice as many names of nominees as there are positions to be filled. The Board of Trustees may, in its discretion, seek and receive advice and assistance from the Board of Elections and Ethics in preparing the election rules. The Board of Elections and Ethics may, by agreement with the Board of Trustees of the University, furnish other assistance requested by the Board of Trustees. (c-1) Four of the 11 Trustees appointed by the Mayor with the advice and consent of the Council may be nonresidents of the District of Columbia. At least 7 of the 11 Trustees shall reside in the District of Columbia at the time of their confirmation by the Council. The Mayor shall submit the names of District residents and nonresidents in a proportion to comply with the provisions of this subsection, when submitting nominees to the Council. (d) The student member of the Board of Trustees shall serve for a term of one year, beginning on May 15th following his or her election. (e) Except as provided in § 38-1202.02(l) [repealed], each nonstudent member of the Board of Trustees shall serve for a 5-year term, beginning on May 15th following his or her election or confirmation by the Council. (f) A member of the Board of Trustees who has completed a full 5-year term in accordance with subsection (e) of this section may be reappointed or re-elected to serve 1 additional term, after which the former member may not become a Trustee by election or by appointment until May 15th of the 5th year following the year in which the former member left the Board. Service pursuant to § 38-1202.02(l) [repealed] for the remainder of the term of a Trustee who has died or resigned shall not, by itself or in conjunction with other service, constitute a bar to the re-election or reappointment of a person who has served as a Trustee. (g) Each member of the Board of Trustees serving on February 27, 1990, shall continue to serve until May 15th following the conclusion of his or her previously established term. (h) Repealed. (i) Repealed. (j) A chairperson and a vice-chairperson of the Board of Trustees: (1) Shall be chosen by a majority vote of the Trustees; (2) Shall serve as chairperson or vice-chairperson until May 15 next following his or her election to that office; and (3) May be re-elected as chairperson or vice-chairperson if still a member of the Board of Trustees. (k) A member of the Board of Education shall not serve as a Trustee of the University. Except as provided in subsection (l) of this section a paid officer or employee of the University of the District of Columbia shall not serve as a Trustee. A retired officer or employee of the University of the District of Columbia, shall, however, be eligible to serve as a Trustee. A Trustee shall forfeit his or her membership on the Board upon failure to maintain the qualifications required by this subsection. (l) The Chief Executive Officer of the University shall be a non-voting ex officio member of the Board of Trustees. (m) Repealed. (n) Repealed.  (Oct. 26, 1974, 88 Stat. 1424, Pub. L. 93-471, title II, § 201; Sept. 9, 1975, D.C. Law 1-12, § 3(a), (b), 22 DCR 1806; Nov. 1, 1975, D.C. Law 1-36,§ 4, 23 DCR 2911; Apr. 6, 1977, D.C. Law 1-99, § 2(b), 23 DCR 8729; Feb. 27, 1990, D.C. Law 8-69, § 2, 36 DCR 7737; Oct. 15, 1993, D.C. Law 10-38, § 2, 40 DCR 5819; Aug. 1, 1996, D.C. Law 11-152, § 301(b), 43 DCR 2978; Apr. 12, 1997, D.C. Law 11-259, § 314(a), 44 DCR 1423; May 23, 2000, D.C. Law 13-116, § 2, 47 DCR 1998; Mar. 2, 2007, D.C. Law 16-191, § 3, 53 DCR 6794; Mar. 8, 2011, D.C. Law 18-286, § 2(a), 57 DCR 11012.)  Prior Codifications 1981 Ed., § 31-1511. 1973 Ed., § 31-1711. Section References This section is referenced in § 1-523.01, § 47-2853.04, and § 47-4431. Effect of Amendments D.C. Law 13-116 added subsec. (c-1). D.C. Law 16-191 repealed subsec. (i) which had read as follows: “(i) When the term of one or more Trustees appointed by the Mayor with the advice and consent of the Council is due to expire on May 15th in any year, the Mayor shall transmit to the Council, not later than February 17th of that year, the nomination of a person to succeed each Trustee whose term is due to expire that year. The Council shall act on each timely nomination not later than April 15th of that year, and if no action is taken by the Council by April 15th of that year, the nomination shall be deemed approved.” D.C. Law 18-286 rewrote subsec. (a), which had read as follows: “(a) There is hereby established a body corporate by name of the Board of Trustees of the University of the District of Columbia and by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by this section. Pursuant to this section and §§ 38-1202.06 and 38-1204.03, it shall have the power to adopt, alter, and use a corporate seal which shall be judicially noticed; and to make contracts; to sue and be sued, to complain and defend in its own name in any court of competent jurisdiction; to make, deliver, and receive deeds, leases and other instruments and to take title to real and other property in its own name; and to adopt, prescribe, amend, repeal, and enforce such bylaws, rules, and regulations as it may deem necessary for the governance and administration of the University; provided, however, that contracting for the purchase or disposal of goods and services shall be carried out by the Office of Contracting and Procurement on behalf of the Board of Trustees.” Cross References Board of trustees candidates, disclosure of interests, see § 1-1106.02. Mayoral nomination of Board of Trustees of the University of the District of Columbia, review and approval of Council, see § 1-523.01. University of the District of Columbia, credits and refunds for overpayments, see § 47-1812.11. Emergency Legislation For temporary amendment of section, see § 301(b) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(b) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256). For temporary (90-day) amendment of section, see § 2 of the University of the District of Columbia Board of Trustees Residency Requirement Emergency Amendment Act of 1999 (D.C. Act 13-128, August 4, 1999, 46 DCR 6644). For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Emergency Amendment Act of 1999 (D.C. Act 13-210, December 17, 1999, 47 DCR 9). For temporary (90-day) amendment of section, see § 2 of the University of the District of Columbia Board of Trustees Residency Requirement Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-226, January 11, 2000, 47 DCR 481). For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-280, March 7, 2000, 47 DCR 2022). For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Emergency Amendment Act of 2000 (D.C. Act 13-372, June 26, 2000, 47 DCR 5844). For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Emergency Amendment Act of 2008 (D.C. Act 17-569, November 6, 2008, 55 DCR 12112). For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-3, January 30, 2009, 56 DCR 1625). For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2009 (D.C. Act 18-200, October 10, 2009, 56 DCR 8137). For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2010 (D.C. Act 18-467, July 7, 2010, 57 DCR 6914). For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010 (D.C. Act 18-542, October 9, 2010, 57 DCR 9627). For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-661, December 30, 2010, 58 DCR 70). For temporary (90 day) addition of sections, see §§ 4032, 4042 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) addition of sections, see §§ 4032, 4042 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Temporary Legislation Section 2 of D.C. Laws 13-95, in subsec. (c)(1), added the second sentence, and added a new section to provide for filling vacancies on the Board. Section 6(b) of D.C. Laws 13-95 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Laws 13-58 added subsection (c-1) to read as follows: “Four of the 11 Trustees appointed by the Mayor with the advice and consent of the Council may be nonresidents of the District of Columbia. At least 7 of the 11 Trustees shall reside in the District of Columbia at the time of their confirmation by the Council. The Mayor shall submit the names of District residents and nonresidents in a proportion to comply with the provisions of this subsection, when submitting nominees to the Council.” Section 4(b) of D.C. Laws 13-58 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 17-302, in subsec. (f), inserted the following sentence at the end: “Notwithstanding section 2(c) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(c)), a member shall continue to serve until a successor is appointed and confirmed.” Section 4(b) of D.C. Law 17-302 provided that the act shall expire after 225 days of its having taken effect. Section 2(a) of D.C. Law 18-92, in subsec. (a), substituted “the University.” for “the University; provided, however, that contracting for the purchase or disposal of goods and services shall be carried out by the Office of Contracting and Procurement on behalf of the Board of Trustees.”. Section 5(b) of D.C. Law 18-92 provided that the act shall expire after 225 days of its having taken effect. Section 2(a) of D.C. Law 18-282 amended subsec. (a) to read as follows: “(a) There is established a body corporate by name of the Board of Trustees of the University of the District of Columbia, which by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia (‘University’) and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties authorized by this section, and sections 206 and 403, including the power to: “(1) Adopt, alter, and use a corporate seal, which shall be judicially noticed; “(2) Make contracts; “(3) Sue and be sued; “(4) Complain and defend in its name in any court of competent jurisdiction; “(5) Make, deliver, and receive deeds, leases, and other instruments; “(6) Take title to real and other property in its name; “(7) Adopt, prescribe, amend, repeal, and enforce bylaws, rules, and regulations it considers necessary for the governance and administration of the University; and “(8) Procure and contract for goods and services.”. Section 5(b) of D.C. Law 18-282 provided that the act shall expire after 225 days of its having taken effect. References in Text Section 38-1202.02, referred to in subsections (e) and (f), was repealed by D.C. Law 12-68, § 401(i), effective April 29, 1998.