CSHB 237(STA): "An Act authorizing the governor to remove or suspend a member of the Board of Regents of the University of Alaska for good cause; and establishing a procedure for the removal or suspension of a regent."
00 CS FOR HOUSE BILL NO. 237(STA) 01 "An Act authorizing the governor to remove or suspend a member of the Board of 02 Regents of the University of Alaska for good cause; and establishing a procedure for the 03 removal or suspension of a regent." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE FINDINGS AND PURPOSE. (a) The legislature finds that 08 (1) the framers of the Constitution of the State of Alaska intended to insulate 09 the University of Alaska and the Board of Regents from politics, but did not intend to 10 immunize the University of Alaska and the Board of Regents from appropriate nonpolitical 11 legislative and executive branch oversight; 12 (2) under AS 14.40.170(b)(1), the legislature has delegated to the Board of 13 Regents the power to regulate itself, but the Board of Regents has not adopted self- 14 governance rules that authorize the board to remove or suspend a regent in appropriate
01 circumstances; and 02 (3) the legislature has the power to create a procedure under which the 03 governor may remove a regent for good cause or suspend a regent in appropriate 04 circumstances, so long as the regent is accorded due process and the University of Alaska and 05 the Board of Regents are insulated from politics. 06 (b) The purpose of AS 14.40.155, added by sec. 2 of this Act, is to 07 (1) clarify that the governor may not remove a regent without good cause; 08 (2) clarify that the governor may remove a regent with good cause; 09 (3) prescribe a due process procedure under which the governor may remove a 10 regent for good cause; 11 (4) prescribe a due process procedure under which the governor may suspend 12 a regent in certain circumstances; and 13 (5) accomplish each of the above purposes while still insulating the University 14 of Alaska and the Board of Regents from politics. 15 * Sec. 2. AS 14.40 is amended by adding a new section to read: 16 Sec. 14.40.155. Removal and suspension of regents. (a) The governor may 17 remove a member of the Board of Regents for good cause by providing 18 (1) a copy of the allegations pertaining to the reasons for removal; 19 (2) an opportunity for a hearing on the allegations; and 20 (3) at least 10 days' notice of a hearing if a hearing is requested; the 21 notice must include the applicable rules governing the conduct of the hearing. 22 (b) After removal of a regent for good cause under (a) of this section, the 23 governor shall file with the lieutenant governor a copy of the allegations made against 24 the former regent, the governor's findings on each of the allegations, and a complete 25 record of the removal proceedings. 26 (c) The governor may, after providing notice and an opportunity for a hearing, 27 suspend a member of the Board of Regents while final disposition is pending on 28 (1) a criminal complaint, presentment, information, or indictment 29 involving a felony in any jurisdiction; 30 (2) an information or formal criminal charges of a misdemeanor 31 described under (g)(3) of this section; or
01 (3) allegations of nonfeasance in office described under (g)(4) of this 02 section under consideration by the governor. 03 (d) A regent who has been suspended under (c) of this section may, at any 04 time, request a hearing to lift the suspension. 05 (e) A hearing conducted by the governor or the governor's designee involving 06 the suspension of a regent under (c) of this section must provide an opportunity to 07 defend against the stated grounds for suspension or to show cause why the suspension 08 should be lifted after a suspension is imposed. 09 (f) The governor may delegate the conduct of a hearing under this section to 10 the office of administrative hearings under AS 44.64.030(b). 11 (g) In this section, "good cause" means 12 (1) a violation of AS 39.52 (Alaska Executive Branch Ethics Act); 13 (2) conviction of a felony in any jurisdiction; 14 (3) conviction of a misdemeanor in any jurisdiction if the misdemeanor 15 involves 16 (A) dishonesty; 17 (B) breach of trust; or 18 (C) the University of Alaska; 19 (4) nonfeasance in office, including 20 (A) misconduct in office; 21 (B) an inability to serve; 22 (C) neglect of duty; 23 (D) incompetence; 24 (E) unjustified failure to perform the duties of the Board of 25 Regents; 26 (5) failure to continue to meet the requirements of AS 14.40.130 that 27 relate to the qualifications of a regent. 28 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. AS 14.40.155, added by sec. 2 of this Act, applies to all conduct 31 and acts that occurred before, on, or after the effective date of this Act.