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1977 Colorado Attorney General Reports and Opinions 1 (1977)

handle is hein.sag/sagco0011 and id is 1 raw text is: (EDI TED) January 5, 1977 Mr. Eugene Petrore Secretary, State Board of Agriculture Colorado State University Fort Collins, Colorado RE: Filling vacancy of board member AG Alpha No. HE BA AGBHS AG File No. DHR/AGBHS/KL (EDITED) Dear Mr. Petrone: It is my responsibility as legal counsel to the Board of Agricul- ture to bring to your attention a serious problem concerning the Board's recent attempt to fill the vacancy created by the resig- nation of Robert S. Everitt. QUESTION PRESENTED-&KQCONCLUSION Must non-voting student and faculty members be counted in deter- mining a majority of the members to fill a vacancy on the board? My conclusion is yes. ANALYSIS C.R.S. 1973, 23-30-103 provides that a vacancy caused by the resignation of a member who had been appointed by the Governor, may be filled by a majority of the members. Section 23-30-101, as amended in 1975, provides that the Board shall consist of a total of twelve members, including four elected from the facul- ties and student bodies of Fort Lewis College and Colorado State University, respectively. Although the four elected members are denied the right to vote, they are in all other respects full members of the Board, It is only because they are members that these four elected persons are entitled to reimbursement for their official expenses under section 23-30-103; and the same status as members makes them eligible for the presidency and vice-presidency of the Board under section 23-30-104, enables them to call special meetings of the Board under section 23-30-104, and requires them to be counted for quorum purposes under section 23-30-103. I is necessary that these four members