Fort Lewis College - Grand Junction School

C.R.S. tit. 23, art. 52
in effect

C.R.S. § 23-52-101 College established - role and mission - governance

23-52-101. College established - role and mission - governance. (1) There is hereby established a college at Durango, to be known as Fort Lewis college, which shall be a public liberal arts college, with selective admission standards with a historic and continuing commitment to Native American education. In addition, the college may offer professional programs and a limited number of graduate programs to serve regional needs. The center of southwest studies provides a valuable regional, national, and international resource. (2) (a) Fort Lewis college shall be a regional education provider and shall have two-year authority only for an associate of arts degree in agricultural science. (b) The Colorado commission on higher education shall, in consultation with the board of trustees of Fort Lewis college, establish the criteria for designation as a regional education provider.

C.R.S. § 23-52-102 Board of trustees - creation - members - powers - duties - repeal

23-52-102. Board of trustees - creation - members - powers - duties - repeal. (1) (a) Effective July 1, 2002, there is established the board of trustees for Fort Lewis college, referred to in this article 52 as the "board of trustees" or "board", which consists of eleven members and is the governing authority for Fort Lewis college. The board of trustees is a body corporate and, as such and by the names designated in this section, may: (I) Acquire and hold property for the use of Fort Lewis college; (II) Be a party to all suits and contracts; and (III) Do all things necessary to carry out the provisions of this article in like manner as municipal corporations of this state, including but not limited to the power to demand, receive, hold, and use for the best interests of Fort Lewis college such money, lands, or other property as may be donated or devised to or for the college. (b) The board of trustees and their successors shall have perpetual succession, shall have a seal, may make bylaws and regulations for the well-ordering and governance of Fort Lewis college, and may conduct the business of said college in a manner not repugnant to the constitution and laws of this state. The board of trustees shall elect from the appointed members a chairperson, a secretary, and a treasurer, whose duties and responsibilities shall be prescribed in the duly adopted bylaws of the board of trustees. The staff of Fort Lewis college shall provide staff support for the board of trustees. (2) (a) The governor shall appoint, with the consent of the senate, nine members of the board of trustees. (b) (I) The term of each member serving on the board of trustees as of March 24, 2020, expires on December 31 of the calendar year in which the member's appointed term would otherwise expire. (II) This subsection (2)(b) is repealed, effective June 30, 2025. (c) (I) The governor shall appoint the eighth and ninth members of the board so that the members take office on or before September 1, 2020. Such members have the authority to act on behalf of the board of trustees prior to obtaining confirmation by the senate. Of the members taking office pursuant to this subsection (2)(c), one member has a term expiring on January 1, 2023, and one member has a term expiring on January 1, 2025. Thereafter, the terms of the eighth and ninth members of the board of trustees are four years. (II) This subsection (2)(c) is repealed, effective June 30, 2025. (d) Except as otherwise provided in subsections (2)(b) and (2)(c) of this section, members appointed by the governor serve terms of up to four years, expiring on December 31 of the third calendar year following the calendar year in which the member is appointed; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member holds office for the term for which the member is appointed and until the member's successor is appointed and confirmed by the senate. serve terms of up to four years, expiring on December 31 of the third calendar year following the calendar year in which the member is appointed; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member holds office for the term for which the member is appointed and until the member's successor is appointed and confirmed by the senate. (e) Of the nine members appointed by the governor: (I) No more than five members may be from any one political party; (II) At least one member must be an enrolled member of a federally recognized Native American tribe; and (III) At least two members must be residents of southwestern Colorado. The board members from southwestern Colorado shall reside in Archuleta, Dolores, La Plata, Montezuma, or San Juan county, or on the Ute Mountain Ute or Southern Ute reservation. (3) The tenth office must be filled by an elected member of the student body of Fort Lewis college who is a full-time junior or senior student at Fort Lewis college. The term of said elected office is one year, beginning on August 1 each year. The elected student office is advisory, without the right to vote. (4) The eleventh office must be filled by an elected member of the faculty at large of Fort Lewis college elected by other members of the faculty at large for a term of two years, beginning on August 1 every year. The elected faculty office is advisory, without the right to vote. (5) Any vacancy in the office of an appointed member of the board of trustees shall be filled by appointment by the governor for the unexpired term. Any vacancy in either of the elected offices on the board of trustees shall be filled by reelection for the unexpired term. Each trustee shall take an oath or affirmation in accordance with section 24-12-101. (6) Repealed. (7) Except as otherwise provided in this subsection (7), the powers, duties, and functions formerly performed by the board of governors of the Colorado state university system with respect to Fort Lewis college are hereby transferred to the board of trustees. Policies, resolutions, procedures, and agreements previously approved by the board of governors of the Colorado state university system and applicable to Fort Lewis college shall remain in force and effect unless and until changed by the board of trustees. (8) Repealed.

C.R.S. § 23-52-103 Board of trustees for Fort Lewis college fund - creation - control - use

23-52-103. Board of trustees for Fort Lewis college fund - creation - control - use. (1) Effective September 1, 2002, there is created in the state treasury the board of trustees for Fort Lewis college fund, referred to in this section as the "fund", which shall be under the control of and administered by the board of trustees in accordance with the provisions of this article. The board of trustees has authority and responsibility for all moneys of the board of trustees and of Fort Lewis college. The board of trustees shall designate, pursuant to its statutory authority, those moneys received or acquired by the board of trustees or by Fort Lewis college, whether received by appropriation, grant, contract, or gift or by sale or lease of surplus real or personal property or by any other means, whose disposition is not otherwise provided for by law, that may be credited to the fund. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated to the board of trustees and shall remain in the fund under the control of the board of trustees and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. (2) The moneys in the fund shall remain under the control of the board of trustees and shall be used for the payment of salaries and operating expenses of the board of trustees and of Fort Lewis college and for the payment of any other expenses incurred by the board of trustees in carrying out its powers and duties. (3) Moneys in the fund which are not needed for use by the board of trustees may be invested by the state treasurer in investments authorized by sections 24-36-109, 24-36-112, and 24-36-113, C.R.S. The board of trustees shall determine the amount of moneys in the fund that may be so invested and shall notify the state treasurer in writing of such amount. (4) If the board of trustees votes to invest Fort Lewis college's assets pursuant to sections 23-52-103.3 and 23-52-103.4, the board shall establish an investment advisory committee consisting of at least five members to make recommendations to the board regarding investments. The investment advisory committee, at a minimum, shall include the Fort Lewis college treasurer, a member of the board, and three representatives from the financial community.

C.R.S. § 23-52-103.3 Investments in consolidated funds

23-52-103.3. Investments in consolidated funds. Unless otherwise restrained by the terms of a will, trust agreement, or other instrument of gift, the board of trustees may hold investments in one or more consolidated investment funds in which the participating trusts or accounts have undivided interests.

C.R.S. § 23-52-103.4 Corporate stock in name of nominee authorized

23-52-103.4. Corporate stock in name of nominee authorized. (1) In order to facilitate the investment, reinvestment, sale, and disposition of corporate stocks, the board of trustees may hold certificates of stock in the name of a nominee of its selection without disclosing the fact that the certificates are held by the board of trustees or are held in a fiduciary capacity if: (a) The records of the board of trustees and all reports or accounts rendered by it clearly show the ownership of the stock by the board and the facts regarding the board's holding; and (b) The nominee deposits with the board of trustees a signed statement showing the trust ownership, endorses the stock certificate in blank, and does not have possession of or access to the stock certificate except under the immediate supervision of the treasurer of Fort Lewis college or another person that the board of trustees has designated. (2) The board of trustees shall maintain a list of certificates of stock held in the names of nominees pursuant to this section and shall make the list available for public inspection during normal business hours. (3) The board of trustees shall report to the joint budget committee of the general assembly at each regular session, beginning after August 7, 2013, regarding the investments made and the earnings or losses derived therefrom under the provisions of this section and section 23-52-103.3. The report must include information indicating the extent to which the investment managers hired by the board of trustees have achieved or failed to achieve the performance benchmarks established pursuant to section 23-52-103.5 (1)(b).

C.R.S. § 23-52-103.5 Investment policy - fiduciary responsibility

23-52-103.5. Investment policy - fiduciary responsibility. (1) If the board of trustees votes to invest Fort Lewis college's assets pursuant to sections 23-52-103.3 and 23-52-103.4, then the board of trustees shall develop and annually review a written investment policy for Fort Lewis college, which policy must include: (a) An acknowledgment by the board of trustees of the board's fiduciary responsibility with respect to oversight of the investment policy of Fort Lewis college; and (b) The establishment of performance benchmarks for each investment manager hired by the board of trustees pursuant to sections 23-52-103.3 and 23-52-103.4. (2) In selecting investment managers for the purposes of this section, the board of trustees shall use an open and competitive process. (3) If the board of trustees votes to invest moneys pursuant to sections 23-52-103.3 and 23-52-103.4, the board shall require annual financial statements to be submitted to the board of trustees, the state treasurer, the state auditor, and the joint budget committee of the general assembly. The financial statements must include, at a minimum, information concerning investment income, gains, and losses, if any, of Fort Lewis college. The financial statements must report the performance of investments on both a gross-of-fee and a net-of-fee basis. (4) If the board of trustees votes to invest moneys pursuant to sections 23-52-103.3 and 23-52-103.4, the board shall ensure that, at all times, liquid investment assets remain at a level sufficient to pay for all budgeted, outstanding operational obligations and expenses occurring within the current fiscal year. (5) Fort Lewis college shall not request from the general assembly any general fund appropriations to replace any losses incurred due to investment activities conducted by the board of trustees pursuant to sections 23-52-103.3 and 23-52-103.4.

C.R.S. § 23-52-104 Governing board - powers

23-52-104. Governing board - powers. (1) In addition to those powers conferred elsewhere in this part 1, the board of trustees has the power to: (a) Appoint a president of Fort Lewis college who shall hold the office until removed by the board of trustees or until the president resigns the same; (b) Appoint such other executive officers of the college as may be required; (c) Appoint such faculty and employees as the necessities of the college demand; (d) Determine the compensation to be paid to the president, executive officers, faculty, and professional staff; (e) Sell, lease, or exchange real property, or any interest therein, as specified in section 23-30-102, the ownership of which is vested in the board of trustees or Fort Lewis college. The board of trustees shall report all proposed sales, leases, or exchanges of such real property adjacent to or titled in Fort Lewis college to the Colorado commission on higher education, which will review and approve or disapprove the proposed transaction pursuant to section 23-1-106. (2) The board of trustees for Fort Lewis college shall have general supervision of the college and plenary power to enact rules and regulations for the governance of the college. (3) All real and personal property held by the board of governors of the Colorado state university system for the benefit of Fort Lewis college, including the beneficial interest in the Hesperus property owned by the state board of land commissioners and the Hesperus fund, is hereby transferred to the board of trustees. Such transfer shall not include real or personal property held by the board of governors of the Colorado state university system for its own benefit. (4) All existing or future debt, liabilities, or obligations of the board of governors of the Colorado state university system incurred or arising with respect to Fort Lewis college, including but not limited to outstanding revenue bond obligations, lease obligations, and debt, shall be the sole responsibility of the board of trustees on and after September 1, 2002, and on and after September 1, 2002, the board of governors of the Colorado state university system shall have no further liability with respect thereto. (5) The board of governors of the Colorado state university system and the board of trustees shall enter into an intergovernmental agreement providing that: (a) The board of trustees and the board of governors of the Colorado state university system shall jointly request that the state board of land commissioners extend the existing lease of the Hesperus property to the board of governors of the Colorado state university system for the use and benefit of the Colorado agricultural experiment station beyond its current expiration on the same terms and conditions for a period of not less than ten years. The board of governors of the Colorado state university system shall cooperate with the board of trustees to facilitate the use of portions of the Hesperus property, which is owned by the state board of land commissioners, so long as such uses are compatible and not inconsistent with the use and operation of property by the Colorado agricultural experiment station. (b) The board of governors of the Colorado state university system shall have the right to use the real property upon which the Colorado state forest service district office is located on the Fort Lewis college main campus for a minimum of twenty-five years; ong as such uses are compatible and not inconsistent with the use and operation of property by the Colorado agricultural experiment station. (b) The board of governors of the Colorado state university system shall have the right to use the real property upon which the Colorado state forest service district office is located on the Fort Lewis college main campus for a minimum of twenty-five years; (c) The board of governors of the Colorado state university system shall prepare appropriate documentation for transfer of all bonded and municipal lease debt related to Fort Lewis college to the board of trustees. All costs associated with such transfer shall be paid by the board of trustees. The board of governors of the Colorado state university system and the board of trustees shall cooperate to obtain any approvals required, satisfy any conditions necessary to accomplish this transfer, and execute all implementing documentation. (d) (I) The board of governors of the Colorado state university system and the board of trustees shall cooperate to identify and transfer to the board of trustees: (A) Any local, state, or federal licenses or permits required for the operation of Fort Lewis college held in the name of the board of governors of the Colorado state university system, such as federal communications commission licenses, environmental permits, or liquor licenses; and (B) Real property records or interests held by the board of governors of the Colorado state university system for the benefit of Fort Lewis college. (II) The board of trustees shall pay all costs associated with any such transfers.

C.R.S. § 23-52-104.5 Powers and duties of the president

23-52-104.5. Powers and duties of the president. (1) Repealed. (2) On and after September 1, 2002, the president of Fort Lewis college shall report directly to the board of trustees.

C.R.S. § 23-52-105 Tuition fees - Native Americans

23-52-105. Tuition fees - Native Americans. (1) (a) Repealed. (b) (I) On and after September 1, 2002, the board of trustees shall fix tuition in accordance with the level of cash fund appropriations set by the general assembly for Fort Lewis college pursuant to section 23-1-104 (1)(b)(I), subject to the restriction that all qualified Native American students must at all times be admitted to such college free of charge for tuition and on terms of equality with other students. The general assembly shall appropriate from the state general fund one hundred percent of the money required for tuition for such qualified Native American students. (II) Repealed. (2) Special programs may also be offered to assist Native American students to prepare for, begin, or continue their college education at Fort Lewis college. Fort Lewis college shall not charge Native American students tuition for such programs. The size of any special programs offered pursuant to this subsection (2) is limited by the facilities and revenues available and by the level of appropriations set therefor by the general assembly.

C.R.S. § 23-52-106 Donations - power to invest

23-52-106. Donations - power to invest. (1) Repealed. (2) On and after September 1, 2002, all donations of money, securities, or other property of whatever kind and wherever situated made to Fort Lewis college shall be held by the board of trustees for the use and benefit of Fort Lewis college, to be expended subject to appropriation by the general assembly or invested in such securities as are permitted for private trustees and similar fiduciaries under the law of the state of Colorado.

C.R.S. § 23-52-107 Board of trustees empowered to lease grounds

23-52-107. Board of trustees empowered to lease grounds. (1) Repealed. (2) On and after September 1, 2002, for the purpose of providing dormitories, living and dining halls, or cottages and equipment for the use of the college, and to enable the construction, financing, and ultimate acquisition thereof, and to aid in improving undeveloped portions of the grounds of the Fort Lewis college, the board of trustees is empowered to lease grounds under its control to private persons or corporations for a term not exceeding fifty years and subject to such regulations as it may prescribe and upon the condition that such private persons or corporations shall construct and equip on such leased grounds such buildings or improvements as the board of trustees designates or approves and secure reimbursement for money invested therein from the rentals of such buildings or from their sale to the board of trustees acting for the state.

C.R.S. § 23-52-108 No authority to obligate state

23-52-108. No authority to obligate state. (1) Repealed. (2) On and after September 1, 2002, nothing in sections 23-52-107 to 23-52-113 shall constitute any authority to enter into any contract which in any way creates any debt or obligation upon the state on account of the construction of such buildings or improvements; but buildings and improvements erected on any such lands under the control of the board of trustees and devoted to the uses of the college under the terms of sections 23-52-107 to 23-52-113 and the leasehold interest shall be exempt from taxation so far as permitted by the state constitution.

C.R.S. § 23-52-109 Buildings - control of

23-52-109. Buildings - control of. (1) Repealed. (2) On and after September 1, 2002, the management of buildings erected and equipped under the terms of sections 23-52-107 to 23-52-113 and the scale of rentals thereof shall be subject to the approval of the board of trustees.

C.R.S. § 23-52-110 Board of trustees may rent buildings

23-52-110. Board of trustees may rent buildings. (1) Repealed. (2) On and after September 1, 2002, the board of trustees is authorized to lease or rent such buildings constructed under the provisions of sections 23-52-107 to 23-52-113 from the private persons or corporations constructing the same upon such terms as it deems satisfactory as to current rental, maintenance, and ultimate purchase, paying therefor out of the revenues derived from the operation of such buildings by the board of trustees or from other funds under its control available for general maintenance purposes.

C.R.S. § 23-52-111 To be state property at lease end

23-52-111. To be state property at lease end. Upon the termination of any lease or contract executed under the terms of sections 23-52-107 to 23-52-113 providing for the construction and equipment of buildings, such buildings shall become the property of the state, together with all equipment, furnishings, or appurtenances therein contained or thereto attached; except that personal goods or effects of any occupant may be removed.

C.R.S. § 23-52-112 Leasehold interest may be sold

23-52-112. Leasehold interest may be sold. (1) Repealed. (2) On and after September 1, 2002, nothing in sections 23-52-107 to 23-52-113 shall prevent the transfer or sale of the leasehold interests prior to their expiration, subject to the approval of the board of trustees.

C.R.S. § 23-52-113 Board of trustees may rent rooms

23-52-113. Board of trustees may rent rooms. (1) Repealed. (2) On and after September 1, 2002, upon the termination of any lease or contract executed with private persons or corporations for the construction of buildings under the terms of sections 23-52-107 to 23-52-113, the board of trustees is empowered to rent rooms or quarters in buildings erected under such leases or contracts for such reasonable compensation as it deems best in relation to current operation, maintenance, and upkeep costs.

C.R.S. § 23-52-114 Hesperus account created

23-52-114. Hesperus account created. The proceeds of or income from the property formerly known as the "Fort Lewis school", granted by the United States to the state of Colorado, pursuant to an act of congress approved April 4, 1910 (36 Stat. 274), as modified by an act of congress approved May 18, 1916 (39 Stat. 128), constitutes a special account known as the "Hesperus account". The income from said property and from the Hesperus account may be appropriated by the general assembly and used by the board of trustees for tuition waivers at Fort Lewis college for qualified Native American students together with money appropriated for such tuition waivers granted for Native American students pursuant to section 23-52-105. The board of trustees shall apply any remaining money in the account to such public purpose as the board of trustees determines necessary.

C.R.S. § 23-52-115 Development of natural resources

23-52-115. Development of natural resources. The state board of land commissioners is authorized to prudently develop such coal measures, mineral deposits, and oil structures by lease or otherwise as is situated on lands described in section 23-52-114, but such development shall not unreasonably interfere with the use of such land as may be directed from time to time by the board of trustees. Applications for leases of the coal measures, mineral deposits, and oil structures shall be made to the state board of land commissioners, which board may execute such leases in the manner required by law. Rental, royalties, and income therefrom shall be deposited with the state treasurer and credited to the special account established by section 23-52-114.

C.R.S. § 23-52-116 Power to invest

23-52-116. Power to invest. The board of trustees has the power to direct the investment of funds held by the state treasurer pursuant to section 23-52-114 in such securities as are permitted for private trustees and similar fiduciaries under the law of the state of Colorado.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-23.docxFetched: 10/6/2026