MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Constitution

By: Senator(s) Frazier

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 213-A, MISSISSIPPI CONSTITUTION OF 1890, TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING.  

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 213-A, Mississippi Constitution of 1890, to read as follows:

Section 213-A. The state institutions of higher learning now existing in Mississippi, to wit: University of Mississippi, Mississippi State University of Agriculture and Applied Science, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and any others of like kind which may be hereafter organized or established by the State of Mississippi, shall be under the management and control of a twelve-member board of trustees to be known as the Board of Trustees of State Institutions of Higher Learning, the members thereof to be appointed by the Governor * * *, Lieutenant Governor and Speaker of the Mississippi House of Representatives with the advice and consent of the Senate, as hereinafter provided. The Governor, Lieutenant Governor and Speaker of the Mississippi House of Representatives shall appoint only men or women as such members as shall be qualified electors residing in the district from which each is appointed, and at least twenty-five (25) years of age, and of the highest order of intelligence, character, learning and fitness for the performance of such duties, to the end that such board shall perform the high and honorable duties thereof to the greatest advantage of the people of the state of such educational institutions, uninfluenced by any political considerations. It shall be the duty of the Governor, Lieutenant Governor and Speaker of the Mississippi House of Representatives, in making such appointments, to ensure that the board shall include not less than one (1) member who is a graduate of the University of Mississippi, not less than one (1) member who is a graduate of Mississippi State University, not less than one (1) member who is a graduate of Mississippi University for Women, not less than one (1) member who is a graduate of the University of Southern Mississippi, not less than one (1) member who is a graduate of Delta State University, not less than one (1) member who is a graduate of Alcorn State University, not less than one (1) member who is a graduate of Jackson State University, and not less than one (1) member who is a graduate of Mississippi Valley State University. The twelve (12) members of the board of trustees as constituted at the time this amendment shall be inserted in the Constitution as a part thereof shall continue to hold office until their respective terms expire under existing law, after which time appointments to the board shall be made as follows:

(a) The Governor shall appoint a member from the First Mississippi Supreme Court District, from and after May 8, 2000, for a term of six (6) years;

(b) The Governor shall appoint a member from the Second Mississippi Supreme Court District, from and after May 8, 2000, for a term of six (6) years;

(c) The Lieutenant Governor shall appoint a member from the Third Mississippi Supreme Court District, from and after May 8, 2000, for a term of six (6) years;

(d) The Speaker of the House of Representatives shall appoint a member from the state at large, from and after May 8, 2000, for a term of six (6) years;

(e) The Governor shall appoint a member from the Second Mississippi Supreme Court District, from and after May 8, 2004, for a term of six (6) years;

(f) The Governor shall appoint a member from the Third Mississippi Supreme Court District, from and after May 8, 2004, for a term of six (6) years;

(g) The Lieutenant Governor shall appoint a member from the First Mississippi Supreme Court District, from and after May 8, 2004, for a term of six (6) years;

(h) The Speaker of the House of Representatives shall appoint a member from the state at large, from and after May 8, 2004, for a term of six (6) years;

(i) The Governor shall appoint a member from the First Mississippi Supreme Court District, from and after May 8, 2008, for a term of six (6) years;

(j) The Governor shall appoint a member from the Third Mississippi Supreme Court District, from and after May 8, 2008, for a term of six (6) years;

(k) The Lieutenant Governor shall appoint a member from the Second Mississippi Supreme Court District, from and after May 8, 2008, for a term of six (6) years; and

(l) The Speaker of the House of Representatives shall appoint a member from the state at large, from and after May 8, 2008, for a term of six (6) years.

At the expiration of a term, members of the board shall be appointed by the proper appointing authority in the manner prescribed above for terms of six (6) years from the expiration date of the previous terms.

In case of a vacancy on said board by death or resignation of a member, or from any other cause than the expiration of such member's term of office, the board shall elect his successor, who shall hold office until the end of the next session of the Legislature. During such term of the session of the Legislature the Governor, Lieutenant Governor or Speaker of the House of Representatives, as the case may be, shall appoint the successor member of the board from the district from which his predecessor was appointed, to hold office until the end of the period for which such original trustee was appointed, for the remainder of the term.

The Legislature shall provide by law for the appointment of a trustee for the La Bauve Fund at the University of Mississippi and for the perpetuation of such fund.

Such board shall have the power and authority to elect the heads of the various institutions of higher learning, and contract with all deans, professors and other members of the teaching staff, and all administrative employees of said institutions for a term not exceeding four (4) years; but said board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency or contumacious conduct, but never for political reasons.

Nothing herein contained shall in any way limit or take away the power the Legislature had and possessed, if any, at the time of the adoption of this amendment, to consolidate, abolish or change the status of any of the above named institutions.

BE IT FURTHER RESOLVED, That this amendment to the Constitution shall be submitted to the qualified electors of this state at an election to be held on the first Tuesday after the first Monday of November 1998, in the manner provided by Section 273 of the Constitution and by law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed amendment provides that upon the expiration of the terms of the present members of the twelve-member Board of Trustees of State Institutions of Higher Learning, new appointments shall be made every four (4) years as follows: two (2) appointments shall be made by the Governor, one (1) appointment shall be made by the Lieutenant Governor, and one (1) appointment shall be made by the Speaker of the House of Representatives. All appointments are for six-year terms of office. Appointing authorities shall ensure that at least one (1) graduate from each state institution of higher learning is appointed to the board."