164.011 Council on Postsecondary Education -- Membership -- Terms -- Meetings.
1,095 words·~5 min read·
/ky/chapter-164/164-011A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)There is hereby created and established a Council on Postsecondary Education in
Kentucky as an agency, instrumentality, and political subdivision of the
Commonwealth and a public body corporate and politic having all powers, duties,
and responsibilities as are provided to it by law, appointed for a term set by law
pursuant to Section 23 of the Constitution of Kentucky. The council shall be
composed of the commissioner of education, a faculty member, a student member,
and thirteen
(13)citizen members appointed by the Governor. The citizen members
shall be confirmed by the Senate under KRS 11.160, and the commissioner of
education shall serve as a nonvoting ex officio member. Citizen council members
shall be selected from a list of nominees provided to the Governor under the
nominating process set forth in KRS 164.005. If the General Assembly is not in
session at the time of the appointment, persons appointed shall serve prior to
confirmation, but the Governor shall seek the consent of the Senate at the next
regular session or at an intervening extraordinary session if the matter is included in
the call of the General Assembly.
(2)By no later than thirty
(30)days after May 30, 1997, the Governor's Postsecondary
Education Nominating Committee shall submit nominations to the Governor as set
forth in KRS 164.005. On making appointments to the council, the Governor shall
ensure broad geographical and political representation; ensure equal representation
of the two
(2)sexes, inasmuch as possible; ensure no less than proportional
representation of the two
(2)leading political parties of the Commonwealth based
on the state's voter registration and the political affiliation of each appointee as of
December 31 of the year preceding the date of his or her appointment; and ensure
that appointments reflect the minority racial composition of the Commonwealth
based on the total minority racial population using the most recent census or
estimate data from the United States Census Bureau. If the determination of
proportional minority representation does not result in a whole number of minority
members, it shall be rounded up to the next whole number. A particular political
affiliation shall not be a prerequisite to appointment to the council generally;
however, if any person is appointed to the council that does not represent either of
the two
(2)leading political parties of the Commonwealth, the proportional
representation by political affiliation requirement shall be determined and satisfied
based on the total number of members on the council less any members not
affiliated with either of the two
(2)leading political parties. In filling vacancies to
the council, the Governor shall act so as to provide, inasmuch as possible, equal
representation of the two
(2)sexes by appointing a member of the sex that is the
lesser represented at the time of the appointment. If the remaining membership
already has an equal number of males and females, the Governor may appoint a
member of either sex. No more than two
(2)members of the council shall hold an
undergraduate degree from any one
(1)Kentucky university, and no more than
three
(3)voting members of the council shall reside in any one
(1)judicial district
of the Kentucky Supreme Court as of the date of the appointment. However, change
in residency after the date of appointment shall not affect the ability to serve.
(3)One
(1)member shall be a full-time faculty member employed at a state institution
of postsecondary education. The faculty member shall be appointed to a four
year term by the Governor from a list of three
(3)nominees selected and submitted
by majority vote of the ten
(10)faculty members who serve as faculty
representatives of the boards of trustees and boards of regents of the nine
postsecondary education institutions.
(4)One
(1)member shall be enrolled as a full-time student at a state institution of
postsecondary education and shall be selected annually in the following manner:
not later than June 1 of each year the eight
(8)student body presidents of the four
(4)year state public institutions of higher education, the two
(2)student members to
the Kentucky Community and Technical College System, and one
(1)student body
president representing the members of the Association of Independent Kentucky
Colleges and Universities shall elect by majority vote three
(3)nominees to submit
to the Governor. From this list of nominees, the Governor shall appoint a student
member.
(5)In filling any vacancies, the Governor shall ensure the continuing representation
upon the council of the broad constituencies as set forth in subsection
(2)of this
section. Vacancies on the council shall be filled for the unexpired term in
accordance with the procedures established for the original appointments.
(6)Each citizen member shall serve a term of six
(6)years unless removed by the
Governor for cause, except the initial appointments shall be as follows:
(a)Two
(2)appointments shall expire December 31, 1997;
(b)Three
(3)appointments shall expire December 31, 1998;
(c)Two
(2)appointments shall expire December 31, 1999;
(d)Two
(2)appointments shall expire December 31, 2000;
(e)Two
(2)appointments shall expire December 31, 2001; and
(f)Two
(2)appointments shall expire December 31, 2002.
(7)Any person, other than the chief state school officer, holding either an elective or
appointive state office or who is a member of the governing board of any state
university in Kentucky, shall be ineligible for membership or appointment on the
council during his term.
(8)The members of the council shall elect the chair and the vice chair of the council
from among the council's membership, and the chair and vice chair shall serve at
the pleasure of the council. The vice chair shall serve as chair in the absence of the
chair.
(9)The council shall meet at least quarterly and at other times upon the call of the chair
or a majority of the council.
(10)A quorum shall be a majority of the appointive membership of the council.
(11)A quorum shall be required to organize and conduct the business of the council,
except that an affirmative vote of eight
(8)or more appointive members of the
entire council shall be required to dismiss from employment the president of the
council, and to adopt or amend the state strategic postsecondary education agenda.
(12)New appointees to the council shall not serve more than two
(2)consecutive terms.
(13)New appointees to the council shall complete an orientation and education program
set forth in KRS 164.020(24) to be eligible for appointment to a second term.