§ 23-56-102. Board of Trustees – Creation – Members – Powers – Duties

1. 1. There is established the board of trustees for Western Colorado university, referred to in this article 56 as the “board of trustees”, which consists of eleven members and is the governing authority for Western Colorado university. The board of trustees is, and is hereby declared to be, a body corporate and, as such and by the names designated in this section, may:
      1. Acquire and hold property for the use of Western Colorado university;
      2. Be a party to all suits and contracts; and
      3. Do all things necessary to carry out the provisions of this article 56 in like manner as municipal corporations of this state, including but not limited to the power to demand, receive, hold, and use for the best interests of Western Colorado university such money, lands, or other property as may be donated or devised to or for the university.
   2. The board of trustees and its successors have perpetual succession, have a seal, may make bylaws and regulations for the well-ordering and governance of Western Colorado university, and may conduct the business of the university in a manner not repugnant to the constitution and laws of this state. The board of trustees shall elect from the appointed members a chairperson, whose duties and responsibilities are prescribed in the duly adopted bylaws of the board of trustees. The board of trustees shall also elect a secretary and a treasurer, who are not members of the board and whose duties and responsibilities are prescribed in the duly adopted bylaws of the board of trustees. The staff of Western Colorado university shall provide staff support for the board of trustees.
2. The governor shall appoint, effective July 1, 2003, with the consent of the senate, nine members of the board of trustees. Members initially appointed to the board of trustees shall have the authority to act on behalf of the board of trustees prior to obtaining confirmation by the senate. The members first appointed to said board shall take office on July 1, 2003. Appointments of members to take office on July 1, 2003, shall be made so that three members of the board have terms expiring on January 1, 2005, two members of the board have terms expiring on January 1, 2006, two members of the board have terms expiring on January 1, 2007, and two members of the board have terms expiring on January 1, 2008; thereafter, the terms of the nine appointed members of the board of trustees shall be four years. 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. Of the nine members appointed by the governor, no more than five members shall be from the same political party. Of the nine members appointed by the governor, at least two shall reside in Gunnison county. Each trustee following the initial appointments shall hold office for the term for which the trustee has been appointed and until the trustee’s successor is appointed and confirmed by the senate.
3. The tenth member of the board of trustees is a full-time junior or senior student at Western Colorado university, elected by the members of the student body of Western Colorado university. The term of the student member is one year, beginning July 1, 2003, and beginning July 1 each year thereafter. The student member is advisory, without the right to vote and without the right to attend executive sessions of the board of trustees, as provided by section 24-6-402.
4. The eleventh member is a member of the faculty of Western Colorado university elected by other members of the faculty for a term of two years, beginning July 1, 2003, and beginning July 1 every odd-numbered year thereafter. The faculty member is advisory, without the right to vote and without the right to attend executive sessions of the board of trustees, as provided by section 24-6-402.
5. A vacancy of an appointed member of the board of trustees shall be filled by appointment by the governor for the unexpired term. A vacancy of either of the elected members of the board of trustees shall be filled by election for the unexpired term. Each member of the board of trustees shall take an oath or affirmation in accordance with section 24-12-101.
6. Except as otherwise provided in this subsection (6), the powers, duties, and functions formerly performed by the trustees of the state colleges in Colorado with respect to Western Colorado university are hereby transferred to the board of trustees. Policies, resolutions, procedures, and agreements previously approved by the trustees of the state colleges in Colorado and applicable to Western Colorado university remain in force and effect unless and until changed by the board of trustees.
7. In addition to those powers conferred elsewhere in this article 56, the board of trustees has the power to:
   1. Appoint a president of Western Colorado university;
   2. Appoint such other executive officers of the university as may be required;
   3. Appoint faculty and employees as may be required;
   4. Determine the compensation to be paid to the president, executive officers, faculty, and professional staff;
   5. With the advice of the faculty, prescribe the degree programs for the university; and
   6. Prescribe the student admissions qualifications.

Source: L. 2003: Entire article R&RE, p. 785, § 6, effective July 1. L. 2006: (2) amended, p. 1233, § 8, effective May 26. L. 2012: (1), (3), (4), (6), and (7) amended, (HB 12-1331), ch. 254, p. 1265, § 2, effective August 1. L. 2018: (5) amended, (HB 18-1138), ch. 88, p. 696, § 17, effective August 8. L. 2019: (1), (3), (4), (6), IP(7), and (7)(a) amended, (HB 19-1178), ch. 400, p. 3541, § 2, effective July 1. L. 2021: (3) amended, (SB 21-191), ch. 172, p. 947, § 1, effective September 7.

Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.