MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Constitution

By: Representative Fleming

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 213-A, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING SHALL BE CONCURRENT WITH THE TERM OF OFFICE OF THE APPOINTING GOVERNOR; TO PROHIBIT MEMBERS OF THE BOARD FROM SERVING CONSECUTIVE TERMS; AND FOR RELATED PURPOSES.

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 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 of the state with the advice and consent of the Senate. The Governor 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. There shall be appointed one (1) member of such board from each congressional district of the state as such districts existed in 1944 and one (1) member from each Supreme Court district, and two (2) members shall be appointed from the state at large. Beginning in 2004, the term of office of each trustee herein provided for shall be concurrent with that of the Governor who appointed the trustee or until the trustee's successor is appointed and qualified; and it shall be the duty of the Governor to make such appointments as soon as practicable after his taking office. Members of the board may not be appointed to serve consecutive terms. In case of a vacancy on the board by death or resignation of a member, or from any other cause than the expiration of such member's term of office, the * * * Governor 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  * * *.

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 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 of the Legislature * * * to consolidate, abolish or change the status of any of the above named institutions."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2003, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment changes the terms of office of members of the Board of Trustees of State Institutions of Higher Learning. The proposed amendment provides that beginning in 2004, such terms of office shall be concurrent with the term of office of the Governor who appointed the members to the board rather than for twelve-year periods and prohibits board members from serving consecutive terms."