2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2 - Institutions of Higher Education › Section 104 - Degree-granting institution board of trustees -- Membership -- Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.

Effective 5/5/2021
53B-2-104.
Degree-granting institution board of trustees -- Membership -- Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
(1) As used in this section, "board of trustees" means the board of trustees for a degree-granting institution.
(2)
(a) The board of trustees of a degree-granting institution consists of the following:
(i) except as provided in Subsection (2)(c), eight individuals appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
(ii) two ex officio members who are the president of the institution's alumni association, and the president of the associated students of the institution.
(b) In making the appointments described in Subsections (2)(a)(i) and (2)(c)(i), the governor:
(i) shall ensure that the membership of a board of trustees includes representation of interests of business, industry, and labor; and
(ii) may not appoint an individual to more than two consecutive full terms.
(c)
(i) The board of trustees of Utah State University has nine individuals appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(ii) One of the nine individuals described in Subsection (2)(c)(i) shall reside in the Utah State University Eastern service region or the Utah State University Blanding service region.
(3)
(a) The governor shall appoint four members of each board of trustees during each odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
(b) Except as provided in Subsection (3)(d), a member appointed under Subsection (2)(a)(i) or (2)(c)(i) holds office until a successor is appointed and qualified.
(c) The ex officio members serve for the same period as they serve as presidents and until their successors have qualified.
(d)
(i) The governor may remove a member appointed under Subsection (2)(a)(i) or (2)(c)(i) for cause.
(ii) The governor shall consult with the president of the Senate before removing a member in accordance with Subsection (3)(d)(i).
(4) When a vacancy occurs in the membership of a board of trustees for any reason, the governor shall appoint a replacement for the unexpired term.
(5)
(a) Each member of a board of trustees shall take the official oath of office prior to assuming the office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(6) A board of trustees shall elect a chair and vice chair, who serve for two years and until their successors are elected and qualified.
(7)
(a) A board of trustees may enact bylaws for the board of trustees' own government, including provisions for regular meetings.
(b)
(i) A board of trustees may provide for an executive committee in the board of trustees' bylaws.
(ii) If established, an executive committee shall have full authority of the board of trustees to act upon routine matters during the interim between board of trustees meetings.
(iii) An executive committee may act on nonroutine matters only under extraordinary and emergency circumstances.
(iv) An executive committee shall report the executive committee's activities to the board of trustees at the board of trustees' next regular meeting following the action.
(c) Copies of a board of trustees' bylaws shall be filed with the board.
(8) A quorum is required to conduct business and consists of six members.
(9) A board of trustees may establish advisory committees.
(10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(11) A board of trustees member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 187, 2021 General Session