BILL REQ. #:  H-1694.1 

READ FIRST TIME 02/17/09.   

     AN ACT Relating to the modification of the governing boards of state colleges and universities; amending RCW 28B.20.100, 28B.30.100, 28B.35.100, and 28B.40.100; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) College and university faculty members are specialists with extensive experience in teaching and learning assessment, as well as expertise in specialized fields that directly benefit their institutions and the people of the state;
     (2) College and university faculty members are innovators who conduct research to discover new technologies and produce knowledge, design courses and curricula, assess student development, train teachers, supervise student research, and pursue grants and funding for programs and projects that drive the economy and civic life of our state; their efforts can affect the health, economy, and social well-being of its citizens and communities, and assist in the production of cultural and artistic achievements that benefit citizens throughout the state;
     (3) College and university faculty members participate in the fundamental missions of their institutions by designing and monitoring programs, including standards, curricula, and degree requirements, at the level of department school/college, and for the college or university as a whole;
     (4) The boards of regents and trustees of Washington's universities and colleges are charged with the establishment of their admission and degree requirements to schools, colleges, and departments, and are responsible for assessing the outcomes and budgeting of state funds;
     (5) Faculty can provide valuable insights into the fundamental missions of the colleges and universities that will encourage and support innovative thinking, bring an important, long-range perspective to board deliberations, and contribute a wealth of experience in assessment of viable educational practices;
     (6) Faculty, like all member of boards of regents or trustees, represent the citizens of the state and not specific constituencies; and
     (7) RCW 28B.10.520 stipulates that "each member of a board of regents or board of trustees of a university or other state institution of higher education, before entering upon his duties, shall take and subscribe an oath to discharge faithfully and honestly his duties and to perform strictly and impartially the same to the best of his ability, such oath to be filed with the secretary of state." This oath is further defined by the ethics in public service act chapter 42.52 RCW and individual boards' policies for avoiding conflict of interest in decision making.

Sec. 2   RCW 28B.20.100 and 2006 c 78 s 1 are each amended to read as follows:
     (1) The governance of the University of Washington shall be vested in a board of regents to consist of ((ten)) eleven members, one of whom shall be a student and, beginning with the first appointment after the effective date of this section, one of whom shall be a full-time or emeritus member of the faculty of the university at the time of appointment. The governor shall select the student member from a list of candidates, of at least three and not more than five, submitted by the governing body of the associated students. ((They)) The governor shall select the faculty member from a list of five candidates submitted by the governing body of the university faculty. Board members shall be appointed by the governor with the consent of the senate, and, except for the faculty member and student member, shall hold their offices for a term of six years from the first day of October and until their successors shall be appointed and qualified. The faculty member shall hold his or her office for a term of three years from the first day of October and until his or her successor shall be appointed and qualified, whichever is later. The faculty member shall be a full-time or emeritus member of the faculty of the university at the time of the appointment and for the duration of the appointed term. If the faculty member is no longer a member of the faculty at the university, then the faculty member's appointment to the board shall end effective on the faculty member's last day at that university. The student member shall hold his or her office for a term of one year from the first day of July until the first day of July of the following year or until his or her successor is appointed and qualified, whichever is later. The student member shall be a full-time student in good standing at the university at the time of appointment.
     (2) Six members of said board shall constitute a quorum for the transaction of business. In the case of a vacancy, or when an appointment is made after the date of the expiration of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office has become vacant or expired.
     (3) Except for the term of the student member, no more than the terms of two members will expire simultaneously on the last day of September in any one year.
     (4) A student appointed under this section shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel.
     (5) The faculty member appointed under this section shall excuse himself or herself from participation or voting on matters relating to:
     (a) The hiring, discipline, tenure, or compensation of faculty members and personnel;
     (b) Any matters subject to collective bargaining; and
     (c) Any matters relating to the review, negotiation, or approval of a collective bargaining agreement.

Sec. 3   RCW 28B.30.100 and 2006 c 78 s 2 are each amended to read as follows:
     (1) The governance of Washington State University shall be vested in a board of regents to consist of ((ten)) eleven members one of whom shall be a student and, beginning with the first appointment after the effective date of this section, one of whom shall be a full-time or emeritus member of the faculty of the university at the time of appointment. The governor shall select the student member from a list of candidates, of at least three and not more than five, submitted by the governing body of the associated students. ((They)) The governor shall select the faculty member from a list of five candidates submitted by the governing body of the university faculty. Board members shall be appointed by the governor, by and with the consent of the senate and, except for the faculty member and student member, shall hold their offices for a term of six years from the first day of October and until their successors are appointed and qualified. The faculty member shall hold his or her office for a term of three years from the first day of October and until his or her successor shall be appointed and qualified, whichever is later. The faculty member shall be a full-time or emeritus member of the faculty of the university at the time of the appointment and for the duration of the appointed term. If the faculty member is no longer a member of the faculty at the university, then the faculty member's appointment to the board shall end effective on the faculty member's last day at that university. The student member shall hold his or her office for a term of one year from the first day of July until the first day of July of the following year or until his or her successor is appointed and qualified, whichever is later. The student member shall be a full-time student in good standing at the university at the time of appointment.
     (2) Six members of said board shall constitute a quorum for the transaction of business. In the case of a vacancy or when an appointment is made after the date of the expiration of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office has become vacant or expired.
     (3) Except for the term of the student member, no more than the terms of two members will expire simultaneously on the last day of September in any one year.
     (4) Each regent shall, before entering upon the discharge of his respective duties as such, execute a good and sufficient bond to the state of Washington, with two or more sufficient sureties, residents of the state, or with a surety company licensed to do business within the state, in the penal sum of not less than five thousand dollars, conditioned for the faithful performance of his duties as such regent: PROVIDED, That the university shall pay any fees incurred for any such bonds for their board members.
     (5) A student appointed under this section shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel.
     (6) The faculty member appointed under this section shall excuse himself or herself from participation or voting on matters relating to:
     (a) The hiring, discipline, tenure, or compensation of faculty members and personnel;
     (b) Any matters subject to collective bargaining; and
     (c) Any matters relating to the review, negotiation, or approval of a collective bargaining agreement.

Sec. 4   RCW 28B.35.100 and 2006 c 78 s 3 are each amended to read as follows:
     (1) The governance of each of the regional universities shall be vested in a board of trustees consisting of ((eight)) nine members, one of whom shall be a student and, beginning with the first appointment after the effective date of this section, one of whom shall be a full-time or emeritus member of the faculty of the respective university at the time of appointment. The governor shall select the student member from a list of candidates, of at least three and not more than five, submitted by the governing body of the associated students. ((They)) The governor shall select the faculty member from a list of five candidates submitted by the governing body of the university faculty. Board members shall be appointed by the governor with the consent of the senate and, except for the faculty member and student member, shall hold their offices for a term of six years from the first day of October and until their successors are appointed and qualified. The faculty member shall hold his or her office for a term of three years from the first day of October and until his or her successor shall be appointed and qualified, whichever is later. The faculty member shall be a full-time or emeritus member of the faculty of the university at the time of the appointment and for the duration of the appointed term. If the faculty member is no longer a member of the faculty at the university, then the faculty member's appointment to the board shall end effective on the faculty member's last day at that university. The student member shall hold his or her office for a term of one year from the first day of July and until the first day of July of the following year or until his or her successor is appointed and qualified, whichever is later. The student member shall be a full-time student in good standing at the respective university at the time of appointment.
     (2) Five members of the board constitute a quorum for the transaction of business. In case of a vacancy, or when an appointment is made after the date of expiration of the term, the governor shall fill the vacancy for the remainder of the term of the trustee whose office has become vacant or expired.
     (3) Except for the term of the student member, no more than the terms of two members will expire simultaneously on the last day of September in any one year.
     (4) A student appointed under this section shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel.
     (5) The faculty member appointed under this section shall excuse himself or herself from participation or voting on matters relating to:
     (a) The hiring, discipline, tenure, or compensation of faculty members and personnel;
     (b) Any matters subject to collective bargaining; and
     (c) Any matters relating to the review, negotiation, or approval of a collective bargaining agreement.

Sec. 5   RCW 28B.40.100 and 2006 c 78 s 4 are each amended to read as follows:
     (1) The governance of The Evergreen State College shall be vested in a board of trustees consisting of ((eight)) nine members, one of whom shall be a student and, beginning with the first appointment after the effective date of this section, one of whom shall be a full-time or emeritus member of the faculty of the college at the time of appointment. The governor shall select the student member from a list of candidates, of at least three and not more than five, submitted by the student body. ((They)) The governor shall select the faculty member from a list of five candidates submitted by the college faculty. Board members shall be appointed by the governor with the consent of the senate and, except for the faculty member and student member, shall hold their offices for a term of six years from the first day of October and until their successors are appointed and qualified. The faculty member shall hold his or her office for a term of three years from the first day of October and until his or her successor shall be appointed and qualified, whichever is later. The faculty member shall be a full-time or emeritus member of the faculty of the college at the time of the appointment and for the duration of the appointed term. If the faculty member is no longer a member of the faculty at the college, then the faculty member's appointment to the board shall end effective on the faculty member's last day at the college. The student member shall hold his or her office for a term of one year from the first day of July and until the first day of July of the following year or until his or her successor is appointed and qualified, whichever is later. The student member shall be a full-time student in good standing at the college at the time of appointment.
     (2) Five members of the board constitute a quorum for the transaction of business. In case of a vacancy, or when an appointment is made after the date of expiration of the term, the governor shall fill the vacancy for the remainder of the term of the trustee whose office has become vacant or expired.
     (3) Except for the term of the student member, no more than the terms of two members will expire simultaneously on the last day of September in any one year.
     (4) A student appointed under this section shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel.
     (5) The faculty member appointed under this section shall excuse himself or herself from participation or voting on matters relating to:
     (a) The hiring, discipline, tenure, or compensation of faculty members and personnel;
     (b) Any matters subject to collective bargaining; and
     (c) Any matters relating to the review, negotiation, or approval of a collective bargaining agreement.