AGO 1990-018.

• Case Date: June 05, 1990
• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-018. June 5, 1990Opinion No. 1990-018Senator Reginald J. SmithState CapitolHartford, Connecticut 06106Dear Senator Smith: You have requested our opinion as to whether the procedure followed for the election of faculty and student representatives to the foundation board at Western Connecticut State University (WCSU) was consistent with state statutes. We conclude that while the election for the faculty representative held during this academic year did comply with Public Act 89-267, the election for the student representative did not. Further, the policy initially adopted by the Connecticut State University (CSU) to govern the elections was not in accord with the statute. However, that policy has been revised to bring it into compliance with Public Act 89-267. Public Act 89-267, effective June 29, 1989, concerns private foundations which benefit state agencies and institutions. The portion of that act which governs the elections in question is as follows: (3) If the state agency is a public institution of higher education, the following persons shall serve as nonvoting members of the governing board of the foundation: The executive authority of the institution, or his designee, a student enrolled at the institution, who shall be elected by the students enrolled in the institution and a member of the faculty of the institution, who shall be elected by the faculty of the institution. Elections pursuant to this subdivision shall be conducted in accordance with procedures for such elections established by the board of trustees of the constituent unit which has jurisdiction over the institution; Western Connecticut State University (WCSU) is a public institution of higher education and Connecticut State University (CSU) is the constituent unit of the State Board of Higher Education which has jurisdiction over it. Pursuant to the act, CSU, through its Board of Trustees, adopted a policy, on September 8, 1989, to govern the elections for faculty and student foundation board representatives. The relevant portions of the resolution are as follows: C. Election of Students to the Foundation Board (1) Each foundation shall have an elected student representative who shall serve as a nonvoting member of the governing board of the foundation ... 3) The student representatives to the campus...