(1)(a)
Effective July 1, 2002, there is established the board of trustees for Metropolitan
state university of Denver that consists of eleven members and is the governing
authority for Metropolitan state university of Denver. The board of trustees created
by this subsection (1) is a body corporate and, as such and by the names designated
in this section, may:
(I)Acquire, by purchase or lease, and hold property for the use of
Metropolitan state university of Denver, develop and construct facilities upon the
property, and dispose of the property, leasehold interests, and facilities; except
that the board of trustees shall have the authority to dispose of a leasehold interest
in property owned by the Auraria higher education center only to a constituent
institution, as specified
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(1) (a)
Effective July 1, 2002, there is established the board of trustees for Metropolitan
state university of Denver that consists of eleven members and is the governing
authority for Metropolitan state university of Denver. The board of trustees created
by this subsection (1) is a body corporate and, as such and by the names designated
in this section, may:
(I) Acquire, by purchase or lease, and hold property for the use of
Metropolitan state university of Denver, develop and construct facilities upon the
property, and dispose of the property, leasehold interests, and facilities; except
that the board of trustees shall have the authority to dispose of a leasehold interest
in property owned by the Auraria higher education center only to a constituent
institution, as specified in section 23-70-101 (1)(b), or in connection with a sale and
leaseback or other form of transaction in which Metropolitan state university of
Denver will remain the ultimate user of the property;
(II) Be a party to all suits and contracts;
(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 Metropolitan state
university of Denver such money, lands, or other property as may be donated or
devised to or for the university;
(IV) Without limiting the scope of any other authority, authorize, by
resolution, revenue bonds and enter into other lawful financial transactions for the
purpose of raising moneys for constructing or otherwise acquiring and equipping
any facility or facilities necessary or useful to the accomplishment of the mission of
Metropolitan state university of Denver; and
(V) Transfer, assign, or pledge portions of its student fees, auxiliary
revenues, capital facilities fees, and up to one hundred percent of tuition money to
the Auraria higher education center to provide a source of repayment for revenue
bonds or other loans or financial obligations incurred by the center to finance
construction of an auxiliary facility, as defined in section 23-5-101.5 (2)(a); a
complementary facility, as defined in section 23-70-101.3 (3); any other facility
necessary or useful to the accomplishment of the mission of Metropolitan state
university of Denver; or the infrastructure necessary to support any of the types of
facilities specified in this subsection (1)(a)(V).
(a.5) Nothing in this article shall authorize the board of trustees to enter into
a contract for the construction of buildings or improvements that creates any debt
or obligation upon the state. Buildings and improvements erected on lands
controlled by the board of trustees and intended for the use of Metropolitan state
university of Denver under the terms of this article and any leasehold interests shall
be exempt from taxation as permitted by the state constitution.
(b) The trustees and their successors shall have perpetual succession, shall
have a seal, may make bylaws and regulations for the well-ordering and
government of Metropolitan state university of Denver, 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 shall also elect a secretary and
a treasurer, who are not 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 Metropolitan state university of Denver shall provide staff
support for the board of trustees.
(2) The governor shall appoint, with the consent of the senate, nine members
of the board of trustees. Members appointed by the governor shall serve terms of
up to four years, expiring on December 31 of the third calendar year following the
calendar year in which the member is appointed; except that the terms shall be
staggered so that no more than five members' terms expire in the same year. All
appointed members shall serve until their successors are appointed and qualified.
Of the nine members appointed by the governor, no more than five members may be
affiliated with the same political party.
(3) A full-time junior or senior student at Metropolitan state university of
Denver, elected by the student body at large, shall fill the tenth office as a member
of the board of trustees. The term of office is one year, beginning on July 1 each
year. The elected student office 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 elected student member of the board of trustees must have
resided in the state of Colorado not fewer than three years immediately prior to
election. As used in this subsection (3), full-time student has the same definition
as full-time equivalent student used by the joint budget committee of the general
assembly.
(4) A full-time member of the teaching faculty at large of Metropolitan state
university of Denver, elected by the faculty at large, shall fill the eleventh office as
a member of the board of trustees. The term of office is one year, beginning on July
1 each year. The elected faculty member of the board of trustees 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) Any vacancy in the office of an appointed member of the board of
trustees shall be filled by appointment by the governor for the unexpired term. Any
vacancy in either of the elected offices on the board of trustees shall be filled by
reelection for the unexpired term. Each trustee shall take an oath or affirmation in
accordance with section 24-12-101.
(6) Except as otherwise provided in this subsection (6), the powers, duties,
and functions formerly performed by the trustees of the state colleges in Colorado,
as said governing board existed prior to July 1, 2003, with respect to Metropolitan
state university of Denver are hereby transferred to the board of trustees. Policies,
procedures, and agreements previously approved by the trustees of the state
colleges, as the governing board existed prior to July 1, 2003, and applicable to
Metropolitan state university of Denver shall remain in force and effect unless and
until changed by the board of trustees.