Colorado § 23-53-102 - Board of trustees - creation - members - powers - duties.

§ 23-53-102. Board of trustees - creation - members - powers - duties.

(1) (a) There is established the board of trustees for Colorado Mesa university, which consists of thirteen members and is the governing authority for Colorado Mesa university. The board of trustees is, and is declared to be, a body corporate and, as such and by the names designated in this section, may:

(I) Acquire and hold property for the use of Colorado Mesa university;

(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 Colorado Mesa university such money, lands, or other property as may be donated or devised to or for the university.

(b) The board of trustees and its successors shall have perpetual succession, shall have a seal, may make bylaws and regulations for the well-ordering and governance of Colorado Mesa 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 shall be prescribed in the duly adopted bylaws of the board of trustees. The board of trustees shall also elect a secretary and a treasurer, who may be members of the board and whose duties and responsibilities shall be prescribed in the duly adopted bylaws of the board of trustees. The staff of Colorado Mesa university shall provide staff support for the board of trustees.

(2) (a) The governor shall appoint, with the consent of the senate, eleven members of the board of trustees. Members appointed to the board of trustees have the authority to act on behalf of the board of trustees prior to obtaining confirmation by the senate. Of the eleven members appointed by the governor:

(I) No more than six members may be affiliated with the same political party; and

(II) At least two shall reside in Delta, Garfield, Mesa, or Montrose county.

(b) The term of office for each member appointed by the governor is up to four years, expiring on December 31 of the third calendar year following the calendar year in which the member was appointed; except that terms shall be staggered so that no more than three appointed members' terms expire in the same calendar year. Each member shall hold office for the term for which the member has been appointed and until the member's successor is appointed and confirmed by the senate.

(3) The twelfth member of the board of trustees shall be a full-time junior or senior student at Colorado Mesa university, elected by the members of the student body of Colorado Mesa university. The term of the student member is one year, beginning on July 1 each year. 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. The student member must have resided in the state of Colorado for not less than three years prior to the student's election.

(4) The thirteenth member shall be a member of the faculty of Colorado Mesa university elected by other members of the faculty for a term of two years, beginning on July 1 of every odd-numbered year. 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) (a) 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 Mesa state college 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 Mesa state college shall remain in force and effect unless and until changed by the board of trustees.

(b) Except as otherwise provided in this subsection (6), the powers, duties, and functions formerly performed by the board of trustees of Mesa state college are hereby transferred to the board of trustees of Colorado Mesa university. Policies, resolutions, procedures, and agreements previously approved by the board of trustees of Mesa state college shall remain in force and effect unless and until changed by the board of trustees of Colorado Mesa university.

(7) In addition to those powers conferred elsewhere in this article, the board of trustees has the power to:

(a) Appoint a president of Colorado Mesa university;

(b) Appoint such other executive officers of the university as may be required;

(c) Appoint faculty and employees as may be required;

(d) Determine the compensation to be paid to the president, executive officers, faculty, and professional staff;

(e) With the advice of the faculty, prescribe the degree programs for the university; and

(f) Prescribe the student admissions qualifications.

Source: L. 2003: Entire article R&RE, p. 780, § 5, effective July 1. L. 2006: (2) amended, p. 1232, § 6, effective May 26. L. 2008: (1)(b) amended, p. 340, § 1, effective April 10. L. 2011: Entire section amended, (SB 11-265), ch. 292, p. 1359, § 3, effective August 10. L. 2012: IP(1)(a), (2), (3), and (4) amended, (HB 12-1324), ch. 192, p. 768, § 2, effective May 21. L. 2018: (5) amended, (HB 18-1138), ch. 88, p. 695, § 15, effective August 8. L. 2022: IP(1)(a), (2), (3), and (4) amended, (SB 22-013), ch. 2, p. 39, § 49, effective February 25. L. 2025: IP(1)(a) amended, (SB 25-275), ch. 377, p. 2054, § 116, effective August 6.

Cross references: For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.