Tennessee § 49-9-202 - Composition — Appointive members — Expenses.

§ 49-9-202. Composition — Appointive members — Expenses.

As of July 1, 2018, the existing membership of the board of trustees of the University of Tennessee is vacated and reconstituted to consist of one (1) ex officio voting member, who shall be the commissioner of agriculture; ten (10) voting members appointed by the governor; and one (1) nonvoting student member appointed pursuant to subdivision (a)(3). The governor shall appoint at least two (2) residents of each grand division. For purposes of this subdivision (a)(2)(A), “resident” means a person whose legal domicile is in the grand division from which appointed. At least five (5) of the members appointed by the governor must be alumni of the University of Tennessee. For purposes of this subdivision (a)(2)(B), “alumni” means a person who earned a degree at an institution of the University of Tennessee. In making appointments, the governor shall strive to ensure that the board includes alumni from different University of Tennessee institutions. At least seven (7) of the members appointed by the governor must be residents of this state. For purposes of this subdivision (a)(2)(C), “resident” means a person whose legal domicile is the state of Tennessee. In making appointments, the governor shall strive to ensure that the board of trustees is composed of members who are diverse in sex, race, perspective, experience, and honorable military service. One (1) member shall be a student at a University of Tennessee institution who shall be selected and appointed in a manner determined by the board of trustees. The student member shall be selected as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year. Beginning July 1, 2018, the student member position shall rotate annually among the institutions of the University of Tennessee, according to the following sequence: University of Tennessee Health Science Center; University of Tennessee, Knoxville; University of Tennessee at Martin; and University of Tennessee at Chattanooga. Each student member shall serve a term of one (1) year, beginning July 1 of the year of appointment and ending the following June 30. Each student member must be enrolled full time at the University of Tennessee institution from which the student is appointed throughout the student member's term of appointment; provided, that a student member shall not be required to be enrolled during any summer semester, and a student member who graduates during the spring semester of the student member's term may serve out the remainder of the student member's term. The following individuals are prohibited from serving as an appointed member of the board of trustees, or a committee of the board, for so long as they hold the office or position: Employees of any public institution of higher education; except the student member appointed pursuant to this section and the faculty member appointed to a committee pursuant to § 49-9-206; Elected officials; State employees; and Members of a governing body for any other public institution of higher education. Except as otherwise provided in this subsection (c), the ten (10) members of the board of trustees appointed by the governor pursuant to subsection (a) must be confirmed by joint resolution of the senate and the house of representatives prior to beginning a term of office. If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day. If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees shall serve the terms prescribed pursuant to § 49-9-203, unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with subdivision (c)(1). If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired serves until a new appointee is confirmed in accordance with subdivision (c)(1). If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee serves for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with subdivision (c)(1). All gubernatorial appointed members shall be subject to removal from the board of trustees by a two-thirds (2/3) majority vote of each house of the general assembly for misconduct, incapacity, or neglect of duty. Such removal shall be by passage of a joint resolution by the senate and the house of representatives. Members of the board of trustees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. The reconstituted board of trustees shall assume responsibility beginning July 1, 2018. The reconstitution of the board of trustees has no effect on any action taken by the board of trustees prior to July 1, 2018, unless inconsistent with chapter 657 of the Public Acts of 2018. The governor is authorized to call the initial meeting of the reconstituted board of trustees to occur on or after July 1, 2018. Code 1932, § 574; Acts 1953, ch. 12, § 1; 1959, ch. 40, § 1; 1967, ch. 179, § 10; 1969, ch. 300, §§ 1, 2; 1970, ch. 524, § 1; 1971, ch. 112, §§ 1, 2; 1974, ch. 574, §§ 1, 2; 1975, ch. 379, §§ 1, 2; 1976, ch. 806, § 1(71); 1982, ch. 651, § 1; T.C.A. (orig. ed.), § 49-3302; Acts 1986, ch. 506, §§ 1, 2; 1988, ch. 1013, § 21; 1990, ch. 770, § 1; 1994, ch. 731, § 4; 1994, ch. 831, § 1; 1995, ch. 437, §§ 1, 2; 2005, ch. 466, §§ 1-3; 2016, ch. 869, § 31; 2018, ch. 657, § 3; 2018, ch. 841, § 3. Compiler's Notes. The University of Tennessee, board of trustees, created by this section, terminates June 30, 2024. See §§ 4-29-112 , 4-29-245 . Acts 2005, ch. 466, § 4 provided that the costs associated with adding two (2) nonvoting members to the University of Tennessee board of trustees shall be absorbed by the University of Tennessee within existing non-state resources. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.” Cross-References. Grand divisions, title 4, ch. 1, part 2.