(1) The board shall consist of the following fifteen trustees:
The state treasurer;
Four members of the state division elected by the members of that division, at leastone of whom shall be an employee of a state institution of higher education and at least one of whom shall not be an employee of a state institution of higher education until, on or after
January 1, 2007, one of those trustee positions, unless it is the sole position held by an employee of a state institution of higher education, is vacated and thereafter there shall be three members of the state division elected by the members of that division, at least one of whom shall be an employee of a state institution of higher education and at least one of whom shall not be an employee of a state institution of higher education;
Five members of the school division elected by the members of that division until, onor after January 1, 2007, one of those trustee positions is vacated and thereafter there shall be four members of the school division elected by the members of that division;
Two members of the local government division elected by the members of that division until, on or after January 1, 2007, one of those trustee positions is vacated and thereafter there shall be one member of the local government division elected by the members of that division;
One member of the judicial division elected by the members of that division;
Two retirees, one of whom shall be elected by those members who have retired fromthe local government division, the judicial division, or from the state division and one of whom shall be elected by those members who have retired from the local government division, the judicial division, or the school division; except that both retiree trustees cannot have retired from the same division; and
Three trustees appointed by the governor and confirmed by the senate who shall notbe members, inactive members, or retirees of the association and who shall have significant experience and competence in investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis. Of the three trustees appointed by the governor, no more than two shall be from the same political party.
(1.5) In addition to the board members specified in subsection (1) of this section, there shall be one ex officio board member from the Denver public schools division. The first term of the ex officio board member appointed pursuant to this subsection (1.5) shall be from May 21, 2009, until December 31, 2009, and the person to serve such term shall be appointed by the Denver public schools retirement system board of trustees. The second term of the ex officio member shall be from January 1, 2010, through June 30, 2012, and the person to serve such term shall be appointed by the Denver public schools board of education. The ex officio board member to serve for the term starting July 1, 2012, and each term thereafter shall be elected by the Denver public schools division through a Denver public schools division member election administered by the association. The Denver public schools division ex officio member position shall exist so long as the Denver public schools division remains as a separate division of the association. The Denver public schools division ex officio member shall be a member or retiree of the Denver public schools division and shall be treated like all other members of the board, subject to the following:
The ex officio member may sit with the board and participate in discussions of agenda items, but shall not be allowed to vote on any matter coming before the board or any committee of the board, or to make any motion regarding any matter before the board or any committee of the board;
The ex officio member may be reimbursed for his or her actual and necessary expenses incurred in the execution of his or her duties as an ex officio member of the board, subject to the same requirements and restrictions as apply to reimbursement of expenses of statutory members of the board;
The ex officio member's fiduciary obligations and responsibilities shall be the sameas any other board member, shall flow to the entire association membership, and are not limited to those of the Denver public schools division;
The ex officio member shall be provided the same board and committee meetingmaterials as are provided to other members of the board, including any information that may be deemed confidential;
The ex officio member shall be allowed to participate in or attend executive or closedsessions of the board or of any committee of the board subject to all association board rules, regulations, and policies, including, but not limited to, confidentiality and conflict of interest;
The ex officio member may not be elected as an officer of the board;
At the request of the ex officio member, the chair of the board may appoint the exofficio member as an ex officio member of any standing committee of the board;
The ex officio member shall be allowed to attend and participate in any open meetingdiscussion at any board or committee meeting; and
The ex officio member shall observe all rules, regulations, and policies applicable tomembers of the board and any other conditions, restrictions, or requirements established or directed by vote of a majority of the members of the board.
The board shall set the time and manner for the elections of trustees representingmembers and retirees. Elected trustees may be reelected to the board for an unlimited number of terms but, except for the state treasurer, no term for any trustee shall exceed four years.
The term for each of the initial three appointed trustees shall be determined by thegovernor and shall be staggered with a one-year term, a two-year term, and a three-year term with no trustee assigned the same term length. After each of the initial terms conclude, the term for appointed trustees shall be four years. Appointed trustees may be reappointed to the board for an unlimited number of terms.
When a vacancy occurs on the board among the elected trustees, the person whoreceived the next highest number of votes in the most recent election of trustees shall be appointed to serve as trustee until the next election of trustees. If the person who received the next highest number of votes is unwilling to serve as a trustee or if the trustee who created the absence ran unopposed, the board shall appoint a trustee. In either case, the appointed trustee shall be from the same division as the trustee whose absence created the vacancy.
When a vacancy occurs among the three appointed trustees, the governor shall appoint, with consent of the senate, a new trustee with the experience and competence specified in paragraph (g) of subsection (1) of this section to serve the remainder of any unexpired term. Such appointee may serve on a temporary basis if the general assembly is not in session when he or she is appointed until the general assembly is in session and the senate is able to consent to such appointment.
The elected trustees shall serve without compensation but shall be reimbursed by theassociation for any necessary expenses incurred in the conduct of their official duties and shall suffer no loss of salary from an employer for service on the board.
The appointed trustees shall be compensated by the association for their service onthe board.
No person can be or can continue to be a trustee of the board who has been adjudicated of having violated any provisions of this article or who has been convicted of a felony or any crime involving the misappropriation of funds.
Source: L. 87: Entire article R&RE, p. 1047, § 1, effective July 1; (1) amended, p. 1587, § 62, effective July 10. L. 88: (1) amended, p. 1432, § 14, effective June 10. L. 97: (1) amended, p. 771, § 6, effective July 1. L. 2004: (1) amended, p. 1939, § 4, effective January 1, 2006. L. 2006: Entire section R&RE, p. 1174, § 2, effective January 1, 2007. L. 2009: (1.5) added, (SB 09-282), ch. 288, p. 1333, § 3, effective May 21.
Editor's note: This section is similar to former § 24-51-103 as it existed prior to 1987.