Citations Affected: IC 20-12; IC 23-13-18-4.
Synopsis: Faculty member on university boards. Adds a nonvoting
faculty member to the board of trustees of state supported colleges and
universities. Establishes a procedure for the election of the board
members by the faculty every three years.
Effective: July 1, 2004.
January 8, 2004, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
SECTION 1. IC 20-12-23-2, AS AMENDED BY P.L.115-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. (a) The board of trustees of the state university
shall be nine (9) ten (10) in number.
(b) This subsection does not apply to the student trustee appointed
under IC 20-12-24-3.5 and the nonvoting faculty trustee elected
under IC 20-12-24-3.6. Not more than:
(1) one (1) of the trustees elected under IC 20-12-24-2; and
property for the benefit of such institution; to expend the income of the
university for its benefit; to declare vacant the seat of any trustee who
shall absent himself from two (2) successive meetings of the board, or
be guilty of any gross immorality or breach of the bylaws of the
institution; to elect a president, such professors and other officers for
such university as shall be necessary, and prescribe their duties and
salaries; to employ other persons as necessary; to establish programs
of fringe benefits and retirement benefits for the university's officers,
faculty, and other employees that may be supplemental to or in lieu of
state retirement programs established by statute for public employees;
to prescribe the course of study and discipline and price of tuition in
such university; and to make all bylaws necessary to carry into effect
the powers hereby conferred.
SECTION 2. IC 20-12-23-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. Five (5) Six (6) of
such trustees shall constitute a quorum; and, in case an emergency is
declared by the faculty, after there shall have been a called session, at
which the other members failed to attend, the three (3) trustees residing
in the county of Monroe may fill vacancies in the faculty of the
university and the board of trustees; and, in case there should not be
three (3) trustees in attendance upon such emergency, then those that
are in attendance, together with such members of the faculty as may be
in attendance, shall fill such vacancies; but appointments thus made
shall expire at the next meeting of the board.
SECTION 3. IC 20-12-24-3.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 3.6. One (1) member of the board
of trustees shall:
(1) be a member of the faculty of Indiana University who
holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all
Indiana University employees who hold the rank of assistant
professor or higher;
(3) serve a three (3) year term beginning July 1 or, if a
vacancy occurs, for the remainder of the unexpired term of
the previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Indiana University; and
(5) not be entitled to vote as a member of the board of trustees
or participate in an executive session concerning a member of
the faculty.
SECTION 4. IC 20-12-37-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. The board of trustees
of Purdue University shall consist of ten (10) eleven (11) members, to
be appointed or elected for such term of service and in such manner as
is herein provided, and that the terms of all trustees shall terminate on
the first day of July of the year in which their terms of office expire.
SECTION 5. IC 20-12-37-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. (a) The governor of
the state of Indiana shall appoint ten (10) trustees for Purdue University
for the term beginning on the first day of July, which trustees and their
successors shall be appointed as hereinafter provided. In addition, one
(1) nonvoting member of the Purdue University board of trustees
shall be elected under subsection (b).
(b) One (1) member of the board of trustees shall:
(1) be a member of the faculty of Purdue University who holds
the rank of assistant professor or higher;
(2) be elected by secret ballot by the Purdue University faculty
senate;
(3) serve a three (3) year term beginning July 1 or, if a
vacancy occurs, for the remainder of the unexpired term of
the previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Purdue University; and
(5) not be entitled to vote as a member of the board of trustees
or participate in an executive session concerning a member of
the faculty.
SECTION 6. IC 20-12-56-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) The Indiana State
University board of trustees shall be composed of nine (9) ten (10)
trustees. The governor shall appoint to the board seven (7) competent
persons, one (1) of whom must be a student, and two (2) additional
competent persons, alumni of the university, nominated by the alumni
council of the university, shall be appointed by the governor. There
shall be one (1) or more women on the duly constituted board. One (1)
nonvoting member of the board of trustees shall be a member of
the faculty of Indiana State University elected under subsection (d).
(b) All trustees and their successors shall be appointed for terms of
four (4) years, except:
(1) the student member, who shall be appointed for two (2) years
during which time he the member must be a full-time student of
Indiana State University; and
(2) the faculty member, who shall be elected for a term of
three (3) years.
chapter. Of the nine (9) members appointed by the governor, six (6)
of whom shall be appointed at large, two (2) of whom shall be
appointed as alumni of Ball State University, and one (1) of whom shall
be appointed as a Ball State University student. One (1) nonvoting
member of the board of trustees shall be a member of the faculty
of Ball State University elected under subsection (d).
(b) Within the nonstudent board membership, not more than six (6)
shall be of the same sex and not less than one (1) shall be a resident of
and reside in Delaware County, Indiana.
(c) To aid the governor in the selection of the student member, a
search and screen committee is created consisting of one (1)
representative of the governor and at least four (4) students chosen by
the elected student government representatives of the student body. The
committee shall establish the mode and criteria to be used in the
selection of student nominees to serve on the board of trustees. The
committee shall submit a list of at least ten (10) names to the governor
for his the governor's consideration. The governor shall select one (1)
of these names for appointment as a trustee of the university in
accordance with the provisions of under this chapter.
(d) One (1) member of the board of trustees shall:
(1) be a member of the faculty of Ball State University who
holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all Ball
State University employees who hold the rank of assistant
professor or higher;
(3) serve a three (3) year term beginning July 1 or, if a
vacancy occurs, for the remainder of the unexpired term of
the previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Ball State University; and
(5) not be entitled to vote as a member of the board of trustees
or participate in an executive session concerning a member of
the faculty.
SECTION 8. IC 20-12-57.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. (a) With the
exception of the student member of the board, Except as provided in
subsection (b) and section 2(d) of this chapter, all appointments to
the board of trustees are for four (4) year terms. Each term of a
nonstudent board member begins on January 1 of the appropriate year.
Each member shall serve until his the member's successor is
appointed and qualified.
(b) The student member of the board of trustees who is appointed
under section 2 of this chapter is appointed for a two (2) year term. His
The student member's term begins on July 1 of the year in which he
the student is appointed. The student member of the board must be a
full-time student at Ball State University throughout his the student
member's term.
SECTION 9. IC 20-12-57.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. (Board: Vacancies)
Except as provided by section 2(d) of this chapter, all vacancies
occurring on the board of trustees from death, incapacitation, or
resignation shall be filled by appointment of the governor for the
unexpired term. Vacancies in offices held by alumni members shall be
filled from nominees submitted by the alumni council.
SECTION 10. IC 20-12-61-4, AS AMENDED BY P.L.20-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4. (a) Ivy Tech shall be governed by a board of
trustees who are either appointed by the governor under this
subsection or elected by the faculty of Ivy Tech as a nonvoting
member of the state board under subsection (b). The number of
members of the state board appointed under this subsection must
equal the number of regions established under section 9 of this chapter.
Each member of the state board must have knowledge or experience in
one (1) or more of the following areas:
(1) Manufacturing.
(2) Commerce.
(3) Labor.
(4) Agriculture.
(5) State and regional economic development needs.
(6) Indiana's educational delivery system.
One (1) member of the state board must reside in each region
established under section 9 of this chapter. Except for the faculty
member elected under subsection (b), appointments shall be for three
(3) year terms, on a staggered basis.
(b) One (1) nonvoting member of the board of trustees shall:
(1) be a member of the faculty of Ivy Tech who holds the rank
of assistant professor or higher;
(2) be elected by secret ballot by all Ivy Tech employees who
hold the rank of assistant professor or higher;
(3) serve a three (3) year term beginning July 1 or, if a
vacancy occurs, for the remainder of the unexpired term of
the previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Ivy Tech; and
(5) not be entitled to participate in an executive session
concerning a member of the faculty.
(c) No one who holds an elective or appointed office of the state is
eligible to serve as a member of the state board. A member of a
regional board may be appointed to the state board, but must then
resign from the regional board.
SECTION 11. IC 20-12-61-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) Except as
provided by section 4(b) of this chapter, the governor shall fill all
vacancies on the state board. Each trustee appointed to fill a vacancy
shall represent the same region as his the trustee's predecessor.
(b) If a vacancy occurs on the state board, the regional board for the
region in which the former member resided may recommend to the
governor one (1) or more qualified persons to fill the vacancy.
SECTION 12. IC 20-12-64-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) The board
consists of nine (9) ten (10) members who shall serve staggered terms
of four (4) years. However:
(1) the student member required by subsection (c) shall serve a
term of two (2) years; and
(2) the nonvoting faculty member elected under subsection (d)
shall serve a term of three (3) years.
(b) Each member of the board must be a citizen of the United States
and a resident of Indiana.
(c) The board must include at least the following:
(1) One (1) member who is an alumnus of the university or an
alumnus of the regional campus.
(2) One (1) member who is a full-time student in good standing
enrolled in the university.
(3) One (1) member who is a resident of Vanderburgh County.
(4) One (1) member who is a member of the faculty of the
university as provided by subsection (d).
(d) One (1) member of the board of trustees shall:
(1) be a member of the faculty of the University of Southern
Indiana who holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all
employees of the University of Southern Indiana who hold the
rank of assistant professor or higher;
(3) serve a three (3) year term beginning July 1 or, if a
vacancy occurs, for the remainder of the unexpired term of
the previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of the University of Southern
Indiana; and
(5) not be entitled to vote as a member of the board of trustees
or participate in an executive session concerning a member of
the faculty.
SECTION 13. IC 20-12-64-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. Except as provided
by section 7(d) of this chapter, the governor shall appoint the
members of the board. If a vacancy occurs during the term of any
member who was appointed by the governor, the governor shall
appoint an individual to serve the unexpired term of the vacating
member.
SECTION 14. IC 20-12-64.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]:
Chapter 64.5. Election of Faculty Trustee Members at State
Educational Institutions
Sec. 1. As used in this chapter, "committee" refers to a trustee
election committee designated or established under section 5 of this
chapter.
Sec. 2. As used in this chapter, "faculty organization" refers to
the organization in the governance structure of a state educational
institution that:
(1) is composed of faculty members; and
(2) may include other university personnel who are not faculty
members.
Sec. 3. As used in this chapter "faculty trustee member" refers
to the member of the faculty who serves on the board of trustees or
similarly named governing body of a state educational institution.
Sec. 4. As used in this chapter, "state educational institution"
has the meaning set forth in IC 20-12-0.5-1.
Sec. 5. (a) The faculty organization at each state educational
institution shall either:
(1) designate a committee of the faculty organization to act as
the trustee election committee under this chapter; or
(2) establish a separate trustee election committee under
subsection (b).
(b) If subsection (a)(2) applies, the faculty organization shall
establish a trustee election committee by determining the
following:
(1) The number of members of the committee, which must be
at least five (5).
(2) The qualifications required for members of the committee.
However, each member of the committee must be a faculty
member at the state educational institution who holds the
rank of assistant professor or higher.
(3) The manner of selection and appointment of the following:
(A) Members of the committee.
(B) A chairperson of the committee.
(C) A vice chairperson of the committee.
(4) The length of a member's term of service on the
committee.
(5) A method for removing a member from the committee.
(6) A method for filling vacancies on the committee.
(7) Other matters the faculty organization considers necessary
and relevant.
Sec. 6. (a) This section applies only to actions of a committee
taken under this chapter.
(b) A committee shall meet at the call of:
(1) the chairperson; or
(2) a majority of the members of the committee.
Sec. 7. (a) This section applies only to actions of a committee
taken under this chapter.
(b) A quorum for a committee to do business is a majority of the
total membership of the committee.
Sec. 8. (a) This section applies only to actions of a committee
taken under this chapter.
(b) The affirmative vote of a majority of the members of a
committee is required for the committee to take action.
Sec. 9. The committee shall do the following:
(1) Establish procedures for the election of the faculty trustee
member. However, the procedures that the committee
establishes must meet the requirements of section 10 of this
chapter.
(2) Personally conduct the election or make other
arrangements for the conduct of the election under the
direction of the committee.
(3) Perform other duties related to the election of the faculty
trustee member as directed by the faculty organization.
Sec. 10. The following procedures must be observed in the
election of the faculty trustee member:
(1) The election must be conducted under the direction of the
committee.
(2) The committee must conduct the election in a manner that
ensures that the person who is elected as a faculty trustee
member meets the statutory requirements for the position.
(3) The committee must conduct the election in a manner that
assures that the faculty trustee member is elected by all
employees of the state educational institution who hold the
rank of assistant professor or higher.
(4) The election must be conducted by means of a written
ballot designed by the committee.
(5) The election must take place by secret ballot.
(6) The committee must provide for the impartial tabulation
of ballots and the reporting of results of the election.
(7) The committee must provide for the safekeeping of the
ballots for four (4) years after the election.
SECTION 15. IC 23-13-18-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) The board of
trustees of Vincennes University shall consist of ten (10) eleven (11)
trustees. Nine (9) shall be appointed by the governor, one (1) of whom
must be a resident of Knox County and one (1) must be an alumnus of
Vincennes. In addition, the governor shall appoint one (1) trustee who
is a full-time student of the university during his the student's term.
One (1) nonvoting member of the board of trustees shall be a
member of the faculty of Vincennes University elected under
subsection (d).
(b) To aid the governor in the selection of the student member, a
search and screen committee is created consisting of one (1)
representative of the governor and at least four (4) students chosen by
the elected student government representatives of the student body. The
committee shall establish the mode and criteria to be used in the
selection of student nominees to serve on the board of trustees. The
committee shall submit a list of at least five (5) names to the governor
for his the governor's consideration. The governor shall select one (1)
of these names for appointment as a trustee of the university in
accordance with the provisions of this chapter.
(c) There shall be four (4) ex officio members of the board: the
president of the university, the superintendent of the Vincennes
Community School Corporation, the superintendent of the South Knox
School Corporation, and the superintendent of the North Knox School
Corporation.
(d) One (1) member of the board of trustees shall:
(1) be a member of the faculty of Vincennes University who
holds the rank of assistant professor or higher;
(2) be elected under IC 20-12-64.5 by secret ballot by all
employees of Vincennes University who hold the rank of
assistant professor or higher;
(3) serve a three (3) year term beginning July 1 or, if a
vacancy occurs, for the remainder of the unexpired term of
the previous faculty trustee;
(4) be eligible for reelection as faculty trustee if the person
remains a member of the faculty of Vincennes University; and
(5) not be entitled to vote as a member of the board of trustees
or participate in an executive session concerning a member of
the faculty.
(e) The term of each appointed trustee shall be for three (3) years,
except that of the student appointee, who shall serve a one (1) year
term. When a vacancy occurs in the membership of the board of
trustees, such vacancy shall be filled by the board for the unexpired
term, except a vacancy of a faculty member, which shall be filled
under subsection (d). The appropriate number of appointive trustees
shall be appointed prior to the first Monday of October of each year and
that first Monday shall be the first day of their terms.
(e) (f) The annual meeting of the board shall be held on the first
Monday of October of each year. Special meetings may be called by the
president of the board or by any four (4) five (5) trustees.
(f) (g) Six (6) trustees shall constitute a quorum at any regular or
special meeting of the board.
(g) (h) The trustees shall serve without compensation, except that
each member is entitled to the salary per diem as provided by
IC 4-10-11-2.1 and to reimbursement for travel, lodging, meals, and
other expenses as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
SECTION 16. [EFFECTIVE JULY 1, 2004] (a) As used in this
SECTION, "universities" refers to Indiana University, Purdue
University, Ball State University, Indiana State University,
Vincennes University, Ivy Tech State College, and the University
of Southern Indiana.
(b) The employees of the universities who hold the rank of
assistant professor or higher shall elect the initial faculty trustee
members added by this act not later than March 1, 2005.
(c) Notwithstanding any provision of this act, the terms of each
of the faculty members elected to the boards of trustees of the
universities under this act begin July 1, 2005.
(d) This SECTION expires July 1, 2005.