UT FOCUS Act of 2018

T. C. A. § 49-9-501

§ 49-9-501. Advisory boards for University of Tennessee institutions

Effective: April 6, 2018

(a)(1) On July 1, 2018, there are established advisory boards for the University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; and University of Tennessee Health Science Center.

(2) Each advisory board shall consist of five (5) members appointed by the governor, one (1) faculty member selected in accordance with subsection (c), and one (1) student member selected in accordance with subsection (d).

(b)(1) Of the five (5) members appointed by the governor:

(A) At least three (3) members of each advisory board must be alumni of the respective University of Tennessee institution. For purposes of this subdivision (b)(1), “alumni” means a person who earned a degree at the respective institution;

(B) At least one (1) member of each advisory board must be a resident of the county in which the respective University of Tennessee institution is located. For purposes of this subdivision (b)(1)(B), “resident” means a person whose legal domicile is in the county in which the respective institution is located; and

(C) At least three (3) members of each advisory board must be residents of this state. For purposes of this subdivision (b)(1)(C), “resident” means a person whose legal domicile is the state of Tennessee.

(2) In making appointments, the governor shall strive to ensure that the advisory boards are composed of members who are diverse in sex, race, perspective, and experience.

(c) One (1) member must be a full-time faculty member of the respective University of Tennessee institution selected and appointed in a manner determined by the faculty senate or equivalent body of that respective institution as soon as practicable for the initial appointment and, for all other subsequent appointments, no later than April 15 of the year of appointment.

(d) One (1) member must be a student at the respective University of Tennessee institution selected and appointed in a manner determined by the respective advisory board as soon as practicable for the initial appointment and, for all subsequent appointments, no later than April 15 of each year. Each student member must be enrolled full-time at the respective University of Tennessee institution throughout the term of appointment; provided, that this requirement does not require enrollment during any summer semester.

(e) The following individuals are prohibited from serving as a member of an advisory board for so long as they hold the office or position:

(1) Employees of any public institution of higher education; except those faculty or student members appointed to each advisory board;

(2) Elected officials;

(3) State employees; and

(4) Members of a governing body for any public institution of higher education.

(f)(1)(A) Except as otherwise provided in this subsection (f), the five (5) members appointed by the governor must be confirmed by the senate and the house of representatives prior to beginning a term of office.

(B) Except as otherwise provided in this subsection (f), all appointments of the board members by the governor shall be confirmed by joint resolution prior to the commencement of the term of office to which the member is appointed.

(C) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day.

(2) If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees shall serve the terms prescribed pursuant to this section, unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with subdivision (f)(1).

(3) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired will serve until a new appointee is confirmed in accordance with subdivision (f)(1).

(4) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee will serve for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with subdivision (f)(1).

(g)(1) The initial terms of the members appointed by the governor shall be two (2), three (3), and four (4) years. One (1) member shall serve a two-year term, two (2) members shall serve a three-year term, and two (2) members shall serve a four-year term. For all subsequent appointments, such members of the advisory boards shall be appointed to serve terms of four (4) years beginning July 1 of the year of appointment and ending on June 30.

(2) Each faculty member selected in accordance with subsection (c) shall serve a term of two (2) years, beginning July 1 and ending June 30.

(3) Each student member selected in accordance with subsection (d) shall serve a term of one (1) year, beginning July 1 and ending the following June 30.

(h) Members are eligible to succeed themselves; provided, that no person may serve more than two (2) consecutive terms, whether appointed as an initial member, as a successor member, or to fill a vacancy. A member who serves two (2) consecutive terms may be reappointed after four (4) years have elapsed since the individual's last date of service on that advisory board.

(i) If a vacancy occurs by death or resignation, the governor shall appoint a successor for the remainder of the term. If a vacancy occurs by reason of expiration of a term, the board member whose term has expired serves until a successor is appointed.

(j) The cessation of a member's legal domicile in the applicable county that results in a failure to satisfy subdivision (b) (1)(B), or the cessation of any member's legal domicile in the state that results in a failure to satisfy subdivision (b)(1) (C), vacates the member's position. The governor shall appoint a person satisfying the requirement as a successor for the remainder of the term.

(k) The cessation of a faculty member's employment with the university or full-time faculty status that results in a failure to satisfy subsection (c), or the cessation of a student member's full-time enrollment status that results in a failure to satisfy subsection (d), vacates the member's position. The governor shall appoint a faculty member or student satisfying the requirement as a successor for the remainder of the term.

T. C. A. § 49-9-502

§ 49-9-502. Advisory board meetings

(a) Each advisory board of the University of Tennessee established pursuant to § 49-9-501 shall hold at least three (3) meetings annually on a day or days determined by the board from year to year.

(b) Four (4) members shall constitute a quorum, and they are empowered to transact any business.

(c) Each advisory board shall adopt bylaws to govern its meetings, subject to approval by the board of trustees.

(d) The governor shall call the initial meeting of each advisory board to occur on or after July 1, 2018.

(e) The failure of a member to attend more than fifty percent (50%) of the regular meetings in a calendar year is cause for the member's removal and authorizes the board to call on the governor to appoint a successor.

(f) Advisory board members shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. 

T. C. A. § 49-9-503

§ 49-9-503. Advisory board role and responsibilities

(a) Each advisory board of the University of Tennessee established pursuant to § 49-9-501 shall: 

(1) Submit a recommendation, in accordance with the process established pursuant to § 49-9-209(d)(1)(N), regarding the

proposed operating budget, including tuition and fees, as it relates to the respective institution;

(2) Submit a recommendation, in accordance with the process established pursuant to § 49-9-209(d)(1)(O), regarding the strategic plan for the respective institution;

(3) Advise the chancellor of the respective University of Tennessee institution regarding university operations and budget, campus master plan, campus life, academic programs, policies, and other matters related to the institution and as may be requested by the chancellor from time to time;

(4) Under the leadership of the chancellor of the respective institution, seek to promote the overall advancement of the institution and the University of Tennessee system;

(5) Advise the board of trustees or president of the University of Tennessee system on matters related to the institution and the University of Tennessee system as may be requested by the president or board of trustees from time to time; and

(6) Be subject to the open meetings laws, compiled in title 8, chapter 44.

(b) The responsibilities of, and any actions taken by, an advisory board shall not conflict with or inhibit the authority of the board of trustees.