CSHB 6(JUD) am: "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(JUD) am 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) a probable cause determination of a knowing ethics violation under 21 AS 39.52 that results in an accusation under consideration by the personnel board; 22 (4) a verified complaint of malfeasance or nonfeasance in office 23 described under (g)(4) of this section under consideration by the governor; or 24 (5) proceedings involving misconduct that is related to the regent's 25 ability to serve as a regent under consideration by a professional or occupational 26 licensing body. 27 (b) The governor may remove a member of the Board of Regents for good 28 cause by providing to the member an accusation and an opportunity for a hearing and 29 judicial review. 30 (c) Notwithstanding the procedure under AS 44.62.390, a regent who has been 31 suspended under (a) of this section may, at any time, request a hearing to
01 (1) defend against the grounds for the suspension stated in the 02 accusation; or 03 (2) lift the suspension. 04 (d) The governor may delegate the conduct of a hearing under this section to 05 the office of administrative hearings under AS 44.64.030(b). If a hearing is requested, 06 the hearing officer may prepare a proposed decision under AS 44.62.500(b) to 07 (1) remove a regent based on clear and convincing evidence of good 08 cause for removal; 09 (2) not remove a regent; or 10 (3) continue a suspension or lift a suspension of a regent. 11 (e) AS 44.62.330 - 44.62.630 applies to all proceedings under this section. 12 (f) After a final decision by the governor that suspends a regent under (a) of 13 this section or removes a regent for good cause under (b) of this section, the governor 14 shall file with the lieutenant governor a copy of the allegations made against the 15 former regent, the governor's findings on each of the allegations, and a complete 16 record of the suspension or removal proceedings. 17 (g) In this section, "good cause" means 18 (1) a violation of AS 39.52 (Alaska Executive Branch Ethics Act) that 19 results in a recommendation of removal under AS 39.52.410(b)(3); 20 (2) conviction of a felony in any jurisdiction; 21 (3) conviction of a misdemeanor in any jurisdiction if the misdemeanor 22 involves 23 (A) dishonesty; 24 (B) breach of trust; or 25 (C) the University of Alaska; 26 (4) malfeasance or nonfeasance in office, including 27 (A) misconduct in office; 28 (B) an inability to serve for an extended period of time; 29 (C) neglect of duty; 30 (D) incompetence; 31 (E) unjustified failure to perform the duties of the Board of
01 Regents; 02 (5) misconduct related to the regent's ability to serve as a regent and 03 resulting in the revocation or suspension of a professional or occupational license 04 issued under state law; 05 (6) failure to possess the qualifications of a regent under AS 14.40.130. 06 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. AS 14.40.155, added by sec. 2 of this Act, applies to all conduct 09 and acts occurring before, on, or after the effective date of this Act.