Van De Kamp, 053084 CAAGO, AGO 84-408

Docket Nº:AGO 84-408
Case Date:May 30, 1984
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
ANTHONY S. DA VIGO Deputy Attorney General
AGO 84-408
No. 84-408
California Attorney General Opinion
Office of the Attorney General State of California
May 30, 1984
         THE HONORABLE GEORGE DEUKMEJIAN, GOVERNOR, has requested an opinion on the following questions:          1. On what date does the term of each of the present members of the Board of Governors of the California Community Colleges expire?          2. On what date may the Governor appoint the first voting tenured faculty member of the Board of Governors of the California Community Colleges?          CONCLUSIONS          1. The term of each of the present members of the Board of Governors of the California Community Colleges expires on the fifteenth day of January of the fourth year following the expiration of the preceding term.          2. The Governor may appoint the first voting tenured faculty member of the Board of Governors of the California Community Colleges on January 15, 1984.          ANALYSIS          The following provisions of the Education Code were added by the Statutes of 1976, chapter 1010, section 2:
Section 71000: "There is in the state government a Board of Governors of the California Community Colleges, consisting of 15 members, who are appointed by the Governor with the advice and consent of two-thirds of the Senate." Section 71001: "The terms of office of the members of the board shall commence on January 15, 1968, and the members shall enter upon their duties on that date and shall classify their terms of office by lot so that four of the terms of such appointive members shall expire on January 15, 1969, four of the terms of such appointive members shall expire on January 15, 1970, four of the terms of such appointive members shall expire on January 15, 1971, and three of the terms of such appointive members shall expire on January 15, 1972. Thereafter, the terms of office of the members of the board shall be four years. "At the first meeting of the board, and annually thereafter, the members shall select two of their members to serve as chairman, and vice chairman, respectively."
         Section 71003:
"Any vacancy on the board shall be filled by appointment by the Governor, subject to confirmation by two-thirds of the Senate. The appointee to fill a vacancy shall hold office only for the balance of the unexpired term."
         These provisions are derived from the Education Code of 1959, sections 185, 186, and 188, respectively, originally enacted by the Statutes of 1967, chapter 1549, section 1.          The same provisions were amended by the Statutes of 1977, chapter 1184, sections 3, 4, and 6...

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