Kentucky Statutes 164.005 – Governor’s Postsecondary Education Nominating Committee — Membership — Terms — Duties
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(1) There is established the Governor’s Postsecondary Education Nominating Committee which shall consist of seven (7) members representing each of the Supreme Court districts who shall be appointed by the Governor with the consent of the House of Representatives and the Senate. If the General Assembly is not in session at the time of appointment, the consent of the General Assembly shall be obtained during the time the General Assembly next convenes.
(2) (a) In order to be eligible to serve on the Governor’s Postsecondary Education Nominating Committee, a member at the time of appointment shall have no conflict of interest pursuant to KRS § 45A.340. In addition, no member shall have a relative employed by a public postsecondary institution, the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, or the Kentucky Authority for Educational Television during his or her tenure on the committee. No more than two (2) persons holding an undergraduate degree from the same institution of higher education shall be members of the committee.
(b) The Governor shall make the appointments so as to reflect, inasmuch as possible, equal representation of the two (2) sexes and no less than proportional representation of the two (2) leading political parties of the Commonwealth based on the state‘s voter registration and to assure that appointments reflect the minority racial composition of the Commonwealth. In filling vacancies to the committee, the Governor shall act so as to provide, inasmuch as possible, equal representation of the two (2) sexes by appointing a member of the sex that is the lesser represented at the time of the appointment. If the remaining membership already has an equal number of males and females, the Governor may appoint a member of either sex.
(c) In selecting the members of the committee, the Governor shall solicit recommendations from each of the following:
1. Advisory Conference of Presidents;
2. Council on Postsecondary Education Student Advisory Committee;
3. Associations representing faculty from universities, technical institutions, and community colleges;
4. Associations representing university, technical institutions, and community college alumni;
5. Postsecondary education advocacy groups;
6. The Kentucky Board of Education;
7. Associations representing business and civic interests; and
8. Associations representing independent, nonprofit colleges and universities.
(3) (a) Members of the committee representing Supreme Court districts shall serve
six (6) year terms and until a successor is appointed, except the initial appointments shall be as follows:
1. Two (2) members shall serve a two (2) year term;
2. Two (2) members shall serve a four (4) year term; and
3. Three (3) members shall serve a six (6) year term.
(b) The terms of the original appointees shall expire on April 14 in the year designated for the term, and the terms of each member appointed thereafter shall begin on April 15. Appointments shall be submitted to the Senate and to the House of Representatives for confirmation by February 1 in each year that a regular session of the General Assembly convenes. Each appointment shall be consented to by both chambers in order for the person to be confirmed. At the first regular meeting of the committee each fiscal year, a chairperson shall be selected by the membership.
(4) The members of the committee may be reimbursed for actual and necessary expenditures incurred in the performance of their duties. The expenses of the committee shall be paid out of the appropriation for the Governor’s office.
(5) (a) The committee shall be responsible for submitting three (3) nominations from which the Governor shall select each gubernatorial appointment to a university or Kentucky Community and Technical College System governing board made pursuant to KRS § 164.131, 164.321, and 164.821 and to the Council on Postsecondary Education pursuant to KRS § 164.011. The committee shall not make recommendations for alumni, faculty, and staff appointments made pursuant to KRS § 164.131 and KRS § 164.821 and the student appointments made pursuant to KRS § 164.131, 164.321, and 164.821. If more than one (1) equivalent gubernatorial appointment is being made to a governing board or the Council on Postsecondary Education at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The committee shall provide to the Governor, inasmuch as possible, an equal number of male and female nominees. If the Governor needs nominees of a particular sex in order to make an appointment, the committee shall only provide nominees of that sex. The Governor shall select the appointees from among the nominees.
(b) The committee shall be responsible for submitting three (3) nominations from which the Governor shall select each gubernatorial appointment to the Kentucky Authority for Educational Television made pursuant to KRS
168.040, the Kentucky Higher Education Assistance Authority pursuant to KRS § 164.746, and the Kentucky Higher Education Student Loan Corporation pursuant to KRS § 164A.050. If more than one (1) appointment is being made at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The Governor shall select the appointees from among the nominees.
(c) Nominations shall be made thirty (30) days prior to the expiration of a term or as soon as practicable following an unforeseen vacancy. The Governor shall make the appointment within sixty (60) days following receipt of the
nominations. If the Governor does not make the appointment within sixty (60)
days, the committee shall select one (1) of the nominees to serve.
(6) In making its nominations, the committee shall consider the needs of the respective institutions, locate potential appointees, review candidates’ qualifications and references, conduct interviews, and carry out other search and screening activities as necessary.
(7) The Governor’s office staff shall provide support services for the committee.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 56, sec. 1, effective June 24, 2003. — Amended
1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 71, effective May 30, 1997. — Amended
1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. — Amended 1994 Ky. Acts ch.
91, sec. 1, effective March 22, 1994; and ch. 447, sec. 3, effective April 11, 1994. –
Created 1992 Ky. Acts ch. 10, sec. 3, effective February 20, 1992, effective February
20, 1992.
(2) (a) In order to be eligible to serve on the Governor’s Postsecondary Education Nominating Committee, a member at the time of appointment shall have no conflict of interest pursuant to KRS § 45A.340. In addition, no member shall have a relative employed by a public postsecondary institution, the Council on Postsecondary Education, the Kentucky Higher Education Assistance Authority, the Kentucky Higher Education Student Loan Corporation, or the Kentucky Authority for Educational Television during his or her tenure on the committee. No more than two (2) persons holding an undergraduate degree from the same institution of higher education shall be members of the committee.
Terms Used In Kentucky Statutes 164.005
- Chambers: A judge's office.
- Committee: means the Strategic Committee on Postsecondary Education created in
KRS §. See Kentucky Statutes 164.001 - Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Council: means the Council on Postsecondary Education created in KRS §. See Kentucky Statutes 164.001
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- governing board: means the board of trustees for the University of Kentucky or the University of Louisville, the board of regents for a comprehensive university, or the board of regents for the Kentucky Community and Technical College System. See Kentucky Statutes 164.001
- Institution: means a university, college, community college, health technology center, vocational-technical school, technical institute, technical college, technology center, or the Kentucky Community and Technical College System. See Kentucky Statutes 164.001
- Kentucky Community and Technical College System: means the system composed of public community and technical colleges, including those postsecondary institutions operated by the former Cabinet for Workforce Development and those community colleges in the University of Kentucky Community College System on May 30, 1997. See Kentucky Statutes 164.001
- Public: means operated with state support. See Kentucky Statutes 164.001
- Relative: means a person's father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, or daughter-in-law. See Kentucky Statutes 164.001
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The Governor shall make the appointments so as to reflect, inasmuch as possible, equal representation of the two (2) sexes and no less than proportional representation of the two (2) leading political parties of the Commonwealth based on the state‘s voter registration and to assure that appointments reflect the minority racial composition of the Commonwealth. In filling vacancies to the committee, the Governor shall act so as to provide, inasmuch as possible, equal representation of the two (2) sexes by appointing a member of the sex that is the lesser represented at the time of the appointment. If the remaining membership already has an equal number of males and females, the Governor may appoint a member of either sex.
(c) In selecting the members of the committee, the Governor shall solicit recommendations from each of the following:
1. Advisory Conference of Presidents;
2. Council on Postsecondary Education Student Advisory Committee;
3. Associations representing faculty from universities, technical institutions, and community colleges;
4. Associations representing university, technical institutions, and community college alumni;
5. Postsecondary education advocacy groups;
6. The Kentucky Board of Education;
7. Associations representing business and civic interests; and
8. Associations representing independent, nonprofit colleges and universities.
(3) (a) Members of the committee representing Supreme Court districts shall serve
six (6) year terms and until a successor is appointed, except the initial appointments shall be as follows:
1. Two (2) members shall serve a two (2) year term;
2. Two (2) members shall serve a four (4) year term; and
3. Three (3) members shall serve a six (6) year term.
(b) The terms of the original appointees shall expire on April 14 in the year designated for the term, and the terms of each member appointed thereafter shall begin on April 15. Appointments shall be submitted to the Senate and to the House of Representatives for confirmation by February 1 in each year that a regular session of the General Assembly convenes. Each appointment shall be consented to by both chambers in order for the person to be confirmed. At the first regular meeting of the committee each fiscal year, a chairperson shall be selected by the membership.
(4) The members of the committee may be reimbursed for actual and necessary expenditures incurred in the performance of their duties. The expenses of the committee shall be paid out of the appropriation for the Governor’s office.
(5) (a) The committee shall be responsible for submitting three (3) nominations from which the Governor shall select each gubernatorial appointment to a university or Kentucky Community and Technical College System governing board made pursuant to KRS § 164.131, 164.321, and 164.821 and to the Council on Postsecondary Education pursuant to KRS § 164.011. The committee shall not make recommendations for alumni, faculty, and staff appointments made pursuant to KRS § 164.131 and KRS § 164.821 and the student appointments made pursuant to KRS § 164.131, 164.321, and 164.821. If more than one (1) equivalent gubernatorial appointment is being made to a governing board or the Council on Postsecondary Education at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The committee shall provide to the Governor, inasmuch as possible, an equal number of male and female nominees. If the Governor needs nominees of a particular sex in order to make an appointment, the committee shall only provide nominees of that sex. The Governor shall select the appointees from among the nominees.
(b) The committee shall be responsible for submitting three (3) nominations from which the Governor shall select each gubernatorial appointment to the Kentucky Authority for Educational Television made pursuant to KRS
168.040, the Kentucky Higher Education Assistance Authority pursuant to KRS § 164.746, and the Kentucky Higher Education Student Loan Corporation pursuant to KRS § 164A.050. If more than one (1) appointment is being made at the same time, the committee shall submit a number of nominees equal to three (3) times the number of vacancies. The Governor shall select the appointees from among the nominees.
(c) Nominations shall be made thirty (30) days prior to the expiration of a term or as soon as practicable following an unforeseen vacancy. The Governor shall make the appointment within sixty (60) days following receipt of the
nominations. If the Governor does not make the appointment within sixty (60)
days, the committee shall select one (1) of the nominees to serve.
(6) In making its nominations, the committee shall consider the needs of the respective institutions, locate potential appointees, review candidates’ qualifications and references, conduct interviews, and carry out other search and screening activities as necessary.
(7) The Governor’s office staff shall provide support services for the committee.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 56, sec. 1, effective June 24, 2003. — Amended
1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 71, effective May 30, 1997. — Amended
1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. — Amended 1994 Ky. Acts ch.
91, sec. 1, effective March 22, 1994; and ch. 447, sec. 3, effective April 11, 1994. –
Created 1992 Ky. Acts ch. 10, sec. 3, effective February 20, 1992, effective February
20, 1992.