CSHB 6(EDC): "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. 6(EDC) 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 PURPOSES. (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) the legislature has the power to pass laws that pertain to the University of 13 Alaska; and 14 (3) under AS 14.40.170(b)(1), the legislature has delegated to the Board of
01 Regents the power to regulate itself, but the Board of Regents has not adopted self- 02 governance rules that authorize the board to remove or suspend a regent in appropriate 03 circumstances. 04 (b) The purposes of AS 14.40.155, added by sec. 2 of this Act, are to 05 (1) clarify that the governor may remove a regent only with good cause; 06 (2) prescribe a due process procedure under which the governor may remove a 07 regent for good cause; 08 (3) prescribe a due process procedure under which, in certain circumstances, 09 the governor may suspend a regent; and 10 (4) accomplish each of the above purposes in a manner that ensures the 11 University of Alaska and the Board of Regents remain insulated from politics. 12 * Sec. 2. AS 14.40 is amended by adding a new section to read: 13 Sec. 14.40.155. Suspension and removal of regents. (a) The governor may, 14 after providing notice and an opportunity for a hearing, suspend a member of the 15 Board of Regents while final disposition is pending on 16 (1) a criminal complaint, presentment, information, or indictment 17 involving a felony in any jurisdiction; 18 (2) an information or formal criminal charges of a misdemeanor 19 described under (g)(3) of this section; 20 (3) allegations of an ethics violation described under (g)(1) of this 21 section under consideration by the Alaska Public Offices Commission; or 22 (4) allegations of malfeasance or nonfeasance in office described under 23 (g)(4) of this section under consideration by the governor. 24 (b) The governor may remove a member of the Board of Regents for good 25 cause by providing to the member an accusation and an opportunity for a hearing and 26 judicial review. 27 (c) Notwithstanding the procedure under AS 44.62.390, a regent who has been 28 suspended under (a) of this section may, at any time, request a hearing to 29 (1) defend against the grounds for the suspension stated in the 30 accusation; or 31 (2) lift the suspension.
01 (d) The governor may delegate the conduct of a hearing under this section to 02 the office of administrative hearings under AS 44.64.030(b). If a hearing is requested, 03 the hearing officer may prepare a proposed decision under AS 44.62.500(b) to 04 (1) remove a regent based on clear and convincing evidence of good 05 cause for removal; 06 (2) not remove a regent; or 07 (3) continue a suspension or lift a suspension of a regent. 08 (e) AS 44.62.330 - 44.62.630 applies to all proceedings under this section. 09 (f) After a final decision by the governor that removes a regent for good cause 10 under (b) of this section, the governor shall file with the lieutenant governor a copy of 11 the allegations made against the former regent, the governor's findings on each of the 12 allegations, and a complete record of the removal proceedings. 13 (g) In this section, "good cause" means 14 (1) a violation of AS 39.52 (Alaska Executive Branch Ethics Act); 15 (2) conviction of a felony in any jurisdiction; 16 (3) conviction of a misdemeanor in any jurisdiction if the misdemeanor 17 involves 18 (A) dishonesty; 19 (B) breach of trust; or 20 (C) the University of Alaska; 21 (4) malfeasance or nonfeasance in office, including 22 (A) misconduct in office; 23 (B) an inability to serve; 24 (C) neglect of duty; 25 (D) incompetence; 26 (E) unjustified failure to perform the duties of the Board of 27 Regents; 28 (5) misconduct resulting in the revocation or suspension of a 29 professional or occupational license issued under state law; 30 (6) failure to possess the qualifications of a regent under AS 14.40.130. 31 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. AS 14.40.155, added by sec. 2 of this Act, applies to all conduct 03 and acts occurring before, on, or after the effective date of this Act.