§ 23-70-102. Auraria Board – Membership – Terms – Oath or Affirmation – Voting

1. Effective July 1, 1989, there is hereby created a new board of directors of the Auraria higher education center, referred to in this article as the “Auraria board”, which shall consist of nine members and two ex officio nonvoting members. The members of the Auraria board shall be chosen in the following manner:
   1. 1. Three lay members appointed by the governor as soon as practicable after July 1, 1989, the first of whom shall serve for a term of one year, the second for a term of two years, and the third for a term of three years; thereafter, gubernatorial appointments shall be for three-year terms. All lay members appointed shall be residents of the Denver metropolitan area.
      2. In the event of death, resignation, or inability or refusal to act of any such appointed member, the governor shall fill the vacancy for the remainder of the term. Any vacancy in the elected office on the board shall be filled by reelection for the unexpired term.
   2. 1. The chief executive officers, respectively, of the regents of the university of Colorado, the board of trustees for Metropolitan state university of Denver, and the state board for community colleges and occupational education, or their designees, who shall be limited to the chancellor of the university of Colorado at Denver, the president of Metropolitan state university of Denver, and the president of the community college of Denver, respectively.
      2. Three members, one appointed by, and from among the members of, each of the following boards: The state board for community colleges and occupational education, the board of trustees for Metropolitan state university of Denver, and the regents of the university of Colorado, each such member to serve at the pleasure of the appointing board so long as he or she is a member of the appointing board.
   3. 1. An advisory committee of six members who are full-time students shall be elected, two from each of the student bodies of each of the three institutions governed by the Auraria board, and it shall elect one of its members to fill one office on the Auraria board to serve for one term beginning July 1. Said elected office shall be advisory, without the right to vote. The elected member of the board shall have resided in the state of Colorado not less than three years prior to his or her election.
      2. Repealed.
      3. In the event of death, resignation, or inability or refusal to act of any such elected member of the student advisory committee, the student governing body of the institution with the vacancy shall appoint a full-time student from that institution to fill the vacancy for the remainder of the term.
   4. 1. An advisory committee of six members who are full-time faculty members shall be elected, two from each of the faculties of each of the three institutions governed by the Auraria board, and it shall elect one of its members to fill the remaining office on the Auraria board to serve for one-year terms beginning each July 1. The committee shall select such a member from the same institution only once in the same three-year period. Said elected office shall be advisory, without the right to vote. The elected member of the board shall have resided in the state of Colorado not less than three years prior to his or her election.
      2. Repealed.
      3. In the event of death, resignation, or inability or refusal to act of any such elected member of the faculty advisory committee, the faculty governing body of the institution with the vacancy shall appoint a full-time faculty member from that institution to fill the vacancy for the remainder of the term.
2. Each member of the Auraria board shall take an oath or affirmation in accordance with section 24-12-101.
3. All actions by the Auraria board shall be by majority vote, but, on all actions taken in which both representatives from any single system or institution have voted in the minority, the majority opinion shall prevail only if it is supported by a majority of the lay members of the Auraria board.
4. In any instance in which no majority opinion can prevail under the terms of subsection (3) of this section, the Auraria board shall have sixty days in which to reach a determination by prevailing majority vote. If no majority determination is reached within sixty days, the commission on higher education shall thereafter consider and determine the issue at its next meeting.
5. The Auraria board shall elect a chairman from among the lay members of the board who shall act as chairman at meetings of said board and as such board’s representative in official dealings with third parties.
6. Repealed.

Source: L. 74: Entire article added, p. 391, § 1, effective May 13. L. 75: IP(1) and (1)(a)(II) amended and (1)(c) added, p. 740, § 9, effective January 1, 1976. L. 84: IP(1) and (1)(c) amended and (1)(d) added, p. 644, § 1, effective April 5. L. 86: IP(1), (1)(c), and (1)(d) amended, p. 415, § 27, effective March 26. L. 88: (1)(b) amended, p. 862, § 22, effective July 1. L. 89: IP(1), (1)(a)(I), (1)(b), (1)(c)(II), and (1)(d)(II) amended and (3) to (6) added, p. 1013, § 2, effective July 1. L. 93: (6)(a) amended, p. 290, § 1, effective April 7; (1)(c)(II) and (1)(d)(II) repealed, p. 672, § 2, effective May 1. L. 95: (1)(b)(I) amended, p. 303, § 1, effective April 21; IP(1) amended, p. 1102, § 32, effective May 31. L. 98: (6) repealed, p. 12, § 1, effective March 6. L. 2002: (1)(b)(II) amended, p. 1282, § 8, effective July 1. L. 2003: (1)(b)(I) amended, p. 791, § 13, effective July 1. L. 2011: (1)(c) and (1)(d) amended, (HB 11-1017), ch. 26, pp. 65, 66, §§ 1, 2, effective March 17. L. 2012: (1)(b) amended, (SB 12-148), ch. 125, p. 428, § 17, effective July 1. L. 2018: (2) amended, (HB 18-1138), ch. 88, p. 696, § 18, effective August 8.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(b)(II), see section 1 of chapter 307, Session Laws of Colorado 2002. For the legislative declaration in the 2012 act amending subsection (1)(b), see section 1 of chapter 125, Session Laws of Colorado 2012. For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.