MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Constitution

By: Senator(s) Harden

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 BY PROVIDING THAT MEMBERS SHALL BE APPOINTED FROM CONGRESSIONAL DISTRICTS AS THE DISTRICTS EXIST AT THE TIME OF THE APPOINTMENT AND TO PROVIDE, IN CASE OF A VACANCY, THAT THE GOVERNOR SHALL APPOINT A MEMBER FOR THE REMAINDER OF THE TERM WITH THE ADVICE AND CONSENT OF THE SENATE.

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 * * * 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 * * * which may be hereafter organized or established by the State of Mississippi, shall be under the management and control of a board of trustees to be known as the Board of Trustees of State Institutions of Higher Learning. The * * * Governor * * * shall appoint the members of the board with the advice and consent of the Senate. The Governor shall appoint only individuals who are qualified electors residing in the district from which each is appointed, * * * at least twenty-five (25) years of age, and of the highest order of intelligence, character, learning and fitness for the performance of their duties, to the end that the board shall perform its high and honorable duties * * * to the greatest advantage of the people of the state and the educational institutions, uninfluenced by any political considerations. The Board of Trustees of State Institutions of Higher Learning shall be composed of twelve (12) members and shall be reconstituted as follows: The Governor shall appoint two (2) members * * * from each congressional district * * * as the districts exist at the time the appointments are made and shall appoint the remainder of the members from the state at large. The term of office of the trustees * * * shall be * * * twelve (12) years. The members of the board of trustees as constituted at the time this amendment is adopted and as constituted when congressional districts are altered shall * * * continue to hold office until their respective terms expire * * *. In case of a vacancy * * *, the Governor shall appoint a * * * member * * * for the remainder of the term, with the advice and consent of the Senate.

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 the fund.

The 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 the institutions for a term not exceeding four (4) years; but the 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 1999, 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 new members of the twelve-member Board of Trustees of State Institutions of Higher Learning shall be composed of two (2) members from each congressional district as they exist at the time of the appointment and the remainder of the members from the state at large. In case of a vacancy, the Governor appoints a member for the remainder of the term with the advice and consent of the Senate."