15424-1:N:03/10/1999:KMS/mwm LRS1999-5763
| SYNOPSIS: | Under existing law, the Board of Trustees of Auburn University consists of two members from the congressional district in which the institution is located, one from each of the other congressional districts in the state as they existed on January 1, 1961, the State Superintendent of Education, and the Governor, with six members of the board constituting a quorum. The terms of members are 12 years. |
| This bill would propose an amendment to the Constitution of Alabama of 1901, to provide that the board consist of 15 members, two members from the congressional district in which the institution is located, one member from each of the other congressional districts in the state as constituted on January 1, 1961, four at-large members, one of whom shall be a resident of the state and three of whom need not be residents of the state, and the Governor; to provide for screening and election committees; to provide for the terms of office of members; and to provide that eight members of the board constitute a quorum. |
Proposing an amendment to Amendment No. 161 to the Constitution of Alabama of 1901, to provide for the appointment of trustees of Auburn University; to provide for the terms of office of the members; to provide for screening and election committees; to provide for a quorum; and to further provide for the operation of the board.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon in the next general election, in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:PROPOSED AMENDMENT
"Amendment No. 161
"Section 1. Auburn University, formerly called the Alabama Polytechnic Institute, shall be under the management and control of a board of trustees composed of 15 members. The board of trustees shall consist of two members from the congressional district in which the institution is located, one member from each of the other congressional districts in the state as the same were constituted on the first day of January, 1961, four at-large members, one of whom shall be a resident of the state and three of whom need not be residents of the state, the state superintendent of education, and the governor Governor, who shall be ex officio president of the board. No more than one at-large member may be appointed from any single congressional district.
"The trustees shall be appointed by the governor pursuant to a screening and election committee process, by and with the advice and consent of and such appointment shall be subject to final confirmation by the senate, and Senate. A five-member screening committee shall be composed of the three most immediate past presidents of the Auburn University National Alumni Association who are willing and able to serve and the two most immediate past presidents pro tempore of the Auburn University Board of Trustees who are willing and able to serve. The screening committee shall nominate three candidates for each vacancy on the board to an election committee. A five-member election committee shall be composed of the Governor, the President and Vice President of the Auburn University National Alumni Association, the President Pro Tempore of the Auburn University Board of Trustees, and a person elected by a majority vote of the Auburn University Board of Trustees. If a member of the screening committee or the election committee is introduced for consideration for any current vacancy on the board, then that committee member shall vacate his or her position on that committee until all current vacancies on the board are filled. Any vacancy in either the screening committee or the election committee that might occur for any reason shall be filled by a person elected by a majority vote of the Auburn University Board of Trustees.
"The election committee shall elect trustees from the submitted nominations. Any trustee so elected shall hold office from the date of election until confirmation or rejection by the Senate, and, if confirmed, until the expiration of the term for which elected. At every regular session of the Legislature, by the second legislative day, the Secretary of the Senate shall certify to the Senate the names of all who shall have been so elected since the last regular session of the Legislature, and the Senate shall confirm or reject them. If the Senate does not reject them by the end of that regular session of the Legislature at which the name was submitted, the person shall be deemed confirmed. If the Senate rejects an election, the position on the board shall be empty until filled pursuant to the process specified in this amendment.
"A trustee shall hold office for a term of twelve eight years, and until their successors shall be appointed and qualified and may serve no more than two eight-year terms of office. A term shall begin upon election by the election committee. A trustee shall vacate the office upon the expiration of the term.
"Each member of the board of trustees as constituted on the date this amendatory language is ratified may serve the remainder of his or her current term and shall be eligible to serve for no more than two additional eight-year terms. The board position of the State Superintendent of Education shall terminate on the date this amendatory language becomes effective.
"The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen quadrennially. Vacancies occurring in the office of trustees trustee from death or resignation or any other cause shall be filled by the governor for the unexpired portion of the term pursuant to the process specified in this amendment, and such appointee shall hold office until the next meeting of the legislature. Service during an unexpired term shall not constitute a term of office for purposes of the two-term limitation provided in this amendment.
"Eight members of the board shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. The members of the board of trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be appointed as herein required. No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as such. No employee of Auburn University shall be eligible to serve on its as a member of the board of trustees.
"Section 2. Section 266 of article 14 of the Constitution of Alabama 1901 is hereby repealed."
Section 2. An election upon the proposed amendment shall be held at the next statewide election held after adoption in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state.
Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:
"Proposing an amendment to the Constitution of Alabama of 1901, to provide that the Board of Trustees of Auburn University shall be composed of 15 members, two members from the congressional district in which the institution is located, one member from each of the other congressional districts in the state as constituted on January 1, 1961, four at-large members, one of whom shall be a resident of the state and three of whom need not be residents of the state, and the Governor; to provide for screening and election committees; to prescribe the length of term of office; and to further provide for the operation of the board.
Proposed by Act ________"
This description shall be followed by the following language:
"Yes ( ) No ( )."