|Michael S. Dukakis
|Executive Order 309
Table of Contents
WHEREAS, under the Constitution and laws the Governor is charged with the responsibility of nominating and appointing the Board of Regents of Higher Education and all public college and university trustees:
WHEREAS, the quality of our system of higher education is determined largely by the quality of the regents and trustees appointed:
WHEREAS, the high quality of regents and trustees can best be assured by the use of an Advisory Council composed of outstanding private citizens:
NOW, THEREFORE, I, Michael S. Dukakis, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me as Supreme Executive Magistrate, do hereby order as follows:
Section 1. A Higher Education Nominating Council is hereby established to advise the Governor with respect to all appointments to the Massachusetts Board of Regents of Higher Education, and to the boards of trustees of public colleges and universities, other than those student and alumni trustees elected pursuant to section 9 of chapter 15A of the General Laws.
Section 2. The Council shall consist of twelve members and shall act with the concurrence of at least seven members. The Council's membership shall reflect the racial, ethnic, and geographic diversity of the Commonwealth, and shall include representatives of the education, business, and labor communities.
Section 3. Members of the Council shall be appointed to serve at the pleasure of the Governor. Any succeeding appointments and vacancies on the Council shall be filled by the Governor in such manner and at such time as he deems appropriate. Members shall be prohibited from soliciting or receiving campaign contributions on behalf of any candidate for federal, state or local office to the same extent as the law prohibits public employees from soliciting or receiving such contributions. Members shall receive no compensation but shall be reimbursed for customary and usual expenses directly incurred in the performance of their duties.
Section 4. The Governor shall from time to time select one of the members to serve as chairperson. The Council shall adopt and make public procedures for the conduct of its affairs. All records and deliberations with respect to persons under consideration as nominees or prospective nominees shall be held in confidence by the Council, but shall be available to the Governor and the Governor's representatives.
Section 5. Whenever a vacancy occurs or is expected to occur on a Board of Trustees or the Board of Regents, the Governor shall notify the Council. The Council shall submit to the Governor a list of persons who, in the judgment of the Council, are qualified and willing to serve as trustees or regents. Such list must always contain at least twice as many candidates as there are vacant trustee positions, and three names for each vacant regent position. If the Governor declines to nominate a person from such list, the Council must submit additional names for any remaining vacancy.
Section 6. In considering persons to submit as nominees to the Governor, the Council shall seek men and women of the highest quality who by experience, temperament, ability and integrity will provide policy direction and oversight for the Commonwealth's public colleges and universities. Persons shall be considered for submission as nominees according to law and without regard to race, religion, sex, national origin, sexual orientation or political affiliation. No member of the Council shall be considered as a nominee so long as he or she is a member.
Section 7. The Governor shall select the members of the Council by September 15, 1989, and the provisions of this Executive Order shall apply to all trustees and regents appointed by the Governor after that date. This executive order shall continue in effect until amended, superseded or revoked by subsequent Executive Order.
Given at the Executive Chamber in Boston this 4th day of August in the year of our Lord one thousand nine hundred and eighty-nine, and of the Independence of the United States of America two hundred and thirteen.
MICHAEL S. DUKAKIS, GOVERNOR
Commonwealth of Massachusetts
Michael Joseph Connolly
Secretary of the Commonwealth