§ 6-65-201 — Board of Trustees of Arkansas State University system

(a) There is created a board constituting the Board of Trustees of the Arkansas State University system. (b) (1) The board shall consist of seven (7) members appointed from the state at large. (2) The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board. (3) The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee shall fail to give such notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made. (c) (1) Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas. (2) (A) The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, a Justice of the Supreme Court, and the director or employees of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed. (B) No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time. (d) (1) The term of office for each member shall commence on January 15 and shall end on January 14 of the seventh year following the year in which the regular term commenced. (2) The Governor shall submit to the Senate for approval the names of all appointments made by him or her to fill expired terms within ten (10) days following the appointment. The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate. (e) Vacancies on the board shall be filled by appointments by the Governor from the state at large. (f) Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board and shall be thereafter effective until the expiration of the regular terms. (g) (1) Before entering upon his or her respective duties, each board member shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, directly or indirectly, in any contract made by the board. (2) (A) Any violation of the oath shall be a Class B misdemeanor. (B) Any contract entered into in violation of the oath shall be void. (h) Members of the board provided for in this section may receive expense reimbursement in accordance with § 25-16-901 et seq. (i) (1) The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing. (2) The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal. (3) The removal action shall be filed with the Secretary of State, together with a complete record of the proceedings at the hearing. (4) (A) An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor. (B) An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

Legislative History

Amended by Act 2023, No. 794,§ 4, eff. 4/12/2023. Amended by Act 2021, No. 18,§ 4, eff. 2/1/2021. Amended by Act 2021, No. 18,§ 3, eff. 2/1/2021. Amended by Act 2021, No. 18,§ 2, eff. 2/1/2021. Acts 1943, No. 1, §§ 2, 4-7; 1967, No. 3, § 2; 1967, No. 18, § 2; A.S.A. 1947, §§ 7-201, 7-203, 7-204 -- 7-206, 80-3124.1; Acts 1997, No. 250, § 33; 2005, No. 1994, § 389.