Article 2: The Regents of the University of Colorado

As provided by the state constitution and state law, the regents of the University of Colorado, duly elected, constitute a body corporate known by the name and style of "The Regents of the University of Colorado."

[See section 12 of article IX of the state constitution]

As provided by the state constitution and state law, there shall be nine regents of the University of Colorado, elected in the manner prescribed by law for terms of six years. The governor of the state shall fill any vacancies that may occur, and the persons so appointed shall hold their offices until the next general election and until successors are elected and duly qualified.  The number of terms that a regent may serve is prescribed by section 11, Article XVIII of the Colorado state constitution.

[See section 12 of article IX of the state constitution and C.R.S. § 23-20-102]

As provided by the state constitution and state law, members of the Board of Regents, before entering upon their duties, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States and of the state of Colorado, and that I will perform the duties of regent of the University of Colorado faithfully and to the best of my ability." Said oath or affirmation shall be filed in the office of the secretary of state. Regular terms of office shall commence in January after the regents-elect have taken the oath of office.

[See C.R.S. §23-20-103]

The authority of the Board of Regents is conferred upon the members as a Board, which can bind the university only by formal action of the Board, except as authority may be granted to an individual regent under these Laws. A majority (five) of the nine members of the Board shall constitute a quorum. Unless the Board of Regents specifically determines otherwise, no individual regent shall have the authority to act or speak on behalf of the board.

(A) The Board of Regents shall have the general supervision of the university and the exclusive control and direction of all funds of and appropriations to the university, unless otherwise provided by law.

[See subsection 5(2) of article VIII of the state constitution and See C.R.S. §23-20-111.]

(B) All appointments hereinafter provided for shall be made or approved by the Board of Regents unless appointment authority has been specifically delegated to the president or other officers of the university and administration under regent policy or these Laws. All appointments shall be made subject to the constitution and applicable statutes of the state of Colorado and in accordance with the rules, policies, and procedures of the university.

[See regent policy 3 and 2.K]

(C) As provided by state law, the Board of Regents shall:

(1) enact laws for the government of the university consistent with other applicable law;

(2) appoint the requisite number of professors and all officers of the university, and determine the salaries of such officers;

(3) approve the amount of tuition and fees in accordance with state laws and regulations; and

(4) remove any officer of the university when in the Board of Regents’ judgment the good of the institution requires it.

[See C.R.S. §23-20-112, C.R.S. §23-5-117, article 11.A.1 of these laws, regent policy 2.K, and article 12.A.1 of these laws]

(A) As provided by the state constitution and state law, the Board of Regents shall select from among its members a chair, who shall conduct the meetings of the board, and a vice chair, who shall assume the duties of the chair in the chair's absence.

[See section 12 of article IX of the state constitution]

(B) Effective January 1, 2025, the chair and vice chair shall be elected annually at the first regularly scheduled board meeting of each calendar year and shall assume these roles at the conclusion of this meeting.

(C) At least two weeks prior to the first regularly scheduled board meeting of each calendar year, regents interested in serving for an office are strongly encouraged to submit in writing a short letter of interest to the Office of the Board of Regents. This letter will include information about the candidate and why the candidate would like to serve in a particular position. One week prior to the first regularly scheduled board meeting of the calendar year, the Office of the Board of Regents shall make any letter of interest received available to the full board.  Selection of chair and vice chair shall comply with the Colorado Open Meetings Law. Voting for chair and vice chair shall be by secret ballot, unless only one regent is nominated for a position. Should no nominee receive a majority vote of regents, the election shall be declared null and void, and the secret ballot vote shall be retaken.

(D) Unless seven or more regents are members of the same political party, the chair and the vice chair shall not be members of the same political party.

(E) Unless otherwise limited by these laws, any regent is eligible to be elected chair or vice chair irrespective of that regent’s party affiliation.

(F) In the event the board is unable to elect a new chair and vice chair as provided in sections A, B, and C above, the current chair and vice chair shall continue in their respective offices until the next scheduled or special meeting of the board.  The next regular or special meeting will be considered a new election.

(G) In the event of resignation from office of the chair, the vice chair shall assume the duties of the chair until such time as the Board of Regents holds an election, either at a regularly scheduled Board of Regents meeting or by a special meeting, to elect a new chair. Any chair elected in this manner shall serve for the duration of the remaining term of the prior chair.

(H) In the event of a vacancy in the position of chair due to the death, incapacity, or resignation of the regent holding that position, the vice chair shall assume the duties of the chair until such time as the Board of Regents holds an election, either at a regularly scheduled Board of Regents meeting or by a special meeting, to elect a new chair. The election shall not occur until the governor of the state of Colorado appoints a new regent in accordance with state law. Any chair elected in this manner shall serve for the duration of the remaining term of the prior chair.

(I) In the event of a resignation from office of vice chair, the chair shall appoint a regent to perform the duties of the vice chair until such time as the Board of Regents holds an election, either at a regularly scheduled Board of Regents meeting or by a special meeting, to elect a new vice chair. Any vice chair elected in this manner shall serve for the duration of the remaining term of the prior vice chair.

(J) In the event of a vacancy in the position of vice chair due to the death, incapacity, or resignation of the regent holding that position, the chair shall appoint a regent to perform the duties of vice chair until such time as the Board of Regents holds an election, either at a regularly scheduled Board of Regents meeting or by a special meeting, to elect a new vice chair. The election shall not occur until the governor of the state of Colorado appoints a new regent in accordance with state law. Any vice chair elected in this manner shall serve for the duration of the remaining term of the prior vice chair.

(K) The chair shall have the authority to take routine personnel actions concerning those employees who report directly or jointly to the board and for whom the Board is a designated supervisor. Such routine personnel actions include, but are not limited to, leave approvals, expense reimbursement approvals, performance ratings, preparation of comprehensive review summary evaluations, and acceptance of resignations. It is the sense of the board, but not a limitation on the chair's authority, that the chair consult with the board in preparing annual performance ratings, defining the comprehensive review process, conducting the comprehensive review, and preparing the comprehensive review summary evaluations and ratings for such employees. The chair shall not have the authority to appoint, dismiss, set the salary for, or establish the duties of employees reporting directly to the board, which authority is reserved to the board.

(L) The chair shall also have the authority to execute agreements and other documents on behalf of the board, including, but not limited to, employment and settlement agreements, provided that any agreement executed by the chair shall be approved first as to legal sufficiency by an attorney in the office of university counsel.  It is the sense of the board, but not a limitation on the chair's authority, that the chair and/or university counsel consult with the board prior to the chair executing an agreement and report the execution of the agreement to the board thereafter.

(M) The chair shall have the authority to appoint individual board members to serve on outside committees, commissions, authorities, or boards when the appointment of a regent is required by state law, board policy, or a board-approved intergovernmental or other university agreement.

The Regents of the University of Colorado may establish committees as provided in board policy.  Unless expressly delegated authority by the Board of Regents, no committee shall have the authority to bind the Board of Regents in any matter.

[See regent policy 2.C]

(A) Regular meetings of the Board of Regents shall be held in accordance with the schedule of meetings approved annually.

(B) Special meetings may be called by the chair or by the president and shall be called by the chair upon the request of three board members. A special meeting may be convened only to consider the item(s) of business specified in the meeting notice.

(C) Committee meetings shall be held at dates and times that the committee specifies.

(D) Notice of regular and special board and committee meetings shall be posted as provided in board policy.

[See C.R.S. § 24-6-402 and regent policy 2.F]

(A) All regular, committee, and special meetings of the Board of Regents at which public business is discussed or formal action may be taken, including the adoption of any proposed policy, resolution, rule or regulation, shall be open to the public in compliance with state open meetings requirements, provided that the Board of Regents and its committees may meet in executive session for purposes authorized by law.

Open meeting requirements include, but are not limited to, posting a full and timely notice prior to the meeting and taking minutes of the meeting and making available for public inspection.

These requirements apply to all meetings to conduct public business, whether in person, by telephone, electronically or by other means of communication.

[See C.R.S. §24-6-402]

(B) All meetings of two or more regents at which public business is discussed or at which any formal action may be taken is a public meeting.  Social gatherings or other chance meetings at which the discussion of public business is not the central purpose do not constitute public meetings.

(A) The Board of Regents acts only at public meetings called in accordance with the state open meetings requirements and board laws and policies.

(B) Robert's Rules of Order Newly Revised will apply to procedure at meetings if the Laws of the Regents or regent policy do not specify otherwise.