AGO 87-7.

Case Date:August 06, 1987
Colorado Attorney General Opinions 1987. AGO 87-7. August 6, 1987Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 87-7 AG Alpha No. HE NO AGAQE Robert Tointon Chairman, Board of Trustees University of Northern Colorado 301 Carter Hall Greeley, Colorado 80639 RE: Newly appointed trusteesDear Mr. Tointon: This opinion is written in response to your inquiry dated July 16, 1987. QUESTION PRESENTED AND CONCLUSION Must the four individuals appointed by the Governor on July 1, 1987 to be trustees receive the consent of the State Senate before they may serve as voting members of the University of Northern Colorado's Board? At this point in time, no. ANALYSIS Trustees Gail Schoettler and Thomas Stokes resigned from the Board of Trustees in 1986 leaving substantial unexpired portions of their terms. Your term and that of Trustee Arthur Ohanian expired on June 30, 1987. By Executive Order dated July 1, 1987, Governor Romer appointed Mr. Dee Wisor and Mr. Mark Grueskin to replace Trustees Schoettler and Stokes; appointed Luanne Hazelrigg as Mr. Ohanian's successor; and reappointed you to a new term. All of the appointees took the oath of office on July 16, 1987. None has received the consent of the Senate, however, which adjourned its 1987 session temporarily from June 24, 1987 until August 11, 1987. Section 23-40-104(1)(b), C.R.S. (1986 Supp.) states, in pertinent part: The governor shall appoint, with the consent of the senate, seven members of the board of trustees.... All vacancies in the office of any member appointed by the governor shall be filled by appointment by the governor for the unexpired term.... Because Mr. Wisor and Mr. Grueskin were appointed to fill unexpired terms of office, their appointments became effective, without need of Senate confirmation, when they took the oath of office. Section 23-40-104(1)(b), C.R.S. (1986 Supp.).(fn1) The appointments to new terms of office for yourself and Luanne Hazelrigg cannot become effective, however, until approved by the Senate. Section 24-40-104(1)(b), C.R.S. (1986 Supp.). Pursuant to the "holdover" provision in our state constitution, Colo. Const. art. XII, sec. 1,(fn2) you nonetheless continue to exercise the duties of your former office until a successor thereto has been duly qualified to do so. People ex rel....

To continue reading