Executive Order

Executive Order  No. 309: Public Education Nominating Council

Date: 05/20/1991
Issuer: William F. Weld
Mass Register: No. 662
Superseding: Executive Order 284

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, all public college and university trustees and the Board of Education;

WHEREAS, the quality of our system of public education is determined largely by the quality of the regents, trustees and the members of the Board of Education appointed;

WHEREAS, the high quality of regents, trustees, and the Board of Education can best be assured by the use of an Advisory Council composed of outstanding private citizens;

NOW, THEREFORE, I, William F. Weld, 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 Public Education Nominating Council is hereby established to advise the Governor with respect to all appointments to the Massachusetts Board of Regents of Higher Education, 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, and to the Board of Education.

Section 2. The Council shall consist of not fewer than twelve nor more than fifteen members and shall act with the concurrence of at least a majority of its members. The Council's membership shall reflect the racial, ethnic, and geographic diversity of the Commonwealth.

Section 3. Members of the Council shall be appointed for terms coterminous with 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 or to any other political committee 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, the Board of Regents, or the Board of Education 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, regents, or members of the board. 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 or members of the board 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 women and men of the highest quality who by experience, temperament, ability and integrity will provide policy direction and oversight for the Commonwealth's public schools, state 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 provisions of this Executive Order shall apply to all trustees, regents, and members of the board appointed by the Governor after the date of this order. This executive order shall continue in effect until amended, superseded or revoked by subsequent executive order.

Given at the Executive Chamber in Boston this 20th day of May in the year of our Lord one thousand nine hundred and ninety-one.

William F Weld, Governor

Commonwealth of Massachusetts

Michael Joseph Connolly

Secretary of the Commonwealth

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