Colorado § 23-52-102 - Board of trustees - creation - members - powers - duties.

§ 23-52-102. Board of trustees - creation - members - powers - duties.

(1) (a) Effective July 1, 2002, there is established the board of trustees for Fort Lewis college, which consists of eleven members and is the governing authority for Fort Lewis college. The board of trustees is a body corporate and, as such and by the names designated in this section, may:

(I) Acquire and hold property for the use of Fort Lewis college;

(II) Be a party to all suits and contracts; and

(III) Do all things necessary to carry out the provisions of this article 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 Fort Lewis college such money, lands, or other property as may be donated or devised to or for the college.

(b) The board of trustees and their successors shall have perpetual succession, shall have a seal, may make bylaws and regulations for the well-ordering and governance of Fort Lewis college, and may conduct the business of said college 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, a secretary, and a treasurer, whose duties and responsibilities shall be prescribed in the duly adopted bylaws of the board of trustees. The staff of Fort Lewis college shall provide staff support for the board of trustees.

(2) (a) The governor shall appoint, with the consent of the senate, nine members of the board of trustees.

(b) and (c) Repealed.

(d) Except as otherwise provided in subsections (2)(b) and (2)(c) of this section, members appointed by the governor 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; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member holds office for the term for which the member is appointed and until the member's successor is appointed and confirmed by the senate.

(e) Of the nine members appointed by the governor:

(I) No more than five members may be from any one political party;

(II) At least one member must be an enrolled member of a federally recognized Native American tribe; and

(III) At least two members must be residents of southwestern Colorado. The board members from southwestern Colorado shall reside in Archuleta, Dolores, La Plata, Montezuma, or San Juan county, or on the Ute Mountain Ute or Southern Ute reservation.

(3) The tenth office must be filled by an elected member of the student body of Fort Lewis college who is a full-time junior or senior student at Fort Lewis college. The term of said elected office is one year, beginning on August 1 each year. The elected student office is advisory, without the right to vote.

(4) The eleventh office must be filled by an elected member of the faculty at large of Fort Lewis college elected by other members of the faculty at large for a term of two years, beginning on August 1 every year. The elected faculty office is advisory, without the right to vote.

(5) Any vacancy in the office of an appointed member of the board of trustees shall be filled by appointment by the governor for the unexpired term. Any vacancy in either of the elected offices on the board of trustees shall be filled by reelection for the unexpired term. Each trustee shall take an oath or affirmation in accordance with section 24-12-101.

(6) Repealed.

(7) Except as otherwise provided in this subsection (7), the powers, duties, and functions formerly performed by the board of governors of the Colorado state university system with respect to Fort Lewis college are hereby transferred to the board of trustees. Policies, resolutions, procedures, and agreements previously approved by the board of governors of the Colorado state university system and applicable to Fort Lewis college shall remain in force and effect unless and until changed by the board of trustees.

(8) Repealed.

Source: L. 71: R&RE, p. 1182, § 1. C.R.S. 1963: § 124-14-2. L. 85: Entire section R&RE, p. 764, § 10, effective July 1. L. 98: Entire section amended, p. 431, § 1, effective August 5. L. 2002: Entire section R&RE, p. 1251, § 3, effective July 1; entire part amended, p. 1242, § 11, effective August 7. L. 2003: (7) amended, p. 1995, § 41, effective May 22. L. 2006: (2) amended, p. 1232, § 5, effective May 26. L. 2018: (5) amended, (HB 18-1138), ch. 88, p. 695, § 14, effective August 8. L. 2020: IP(1)(a), (2), (3), and (4) amended, (HB 20-1108), ch. 84, p. 337, § 1, effective March 24. L. 2022: (2)(b), (2)(c), (2)(d), (3), and (4) amended, (SB 22-013), ch. 2, p. 38, § 48, effective February 25. L. 2025: IP(1)(a) amended, (SB 25-275), ch. 377, p. 2054, § 114, effective August 6.

Editor's note: (1) This part 1 was amended in House Bill 02-1260. Those amendments were superseded by the repeal and reenactment of the section in House Bill 02-1419.

(2) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2003. (See L. 2002, p. 1251.) Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2003. (See L. 2002, p. 1251.)

(3) Subsections (2)(b)(II) and (2)(c)(II) provided for the repeal of subsections (2)(b) and (2)(c), respectively, effective June 30, 2025. (See L. 2022, p. 38.)

Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 303, Session Laws of Colorado 2002. For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

Annotator's note. The following annotations include a case decided under former provisions similar to this section.

Land commissioners have exclusive power of disposal over lands under this section. Sections 9 and 10 of art. IX, Colo. Const., in unmistakable terms describe lands which shall be subject to disposition by the state board of land commissioners as "all lands heretofore or which may hereafter be granted to the state by the general government", hence lands granted to the state by the United States, to be held and maintained as an institution of learning under this section are lands over which the land commissioners have exclusive powers of disposal, and it is not within the power of the general assembly to place limitations upon the exercise thereof. Sunray MidContinent Oil Co. v. State, 149 Colo. 159, 368 P.2d 563 (1962).