Alabama Auburn University Board of Trustees, Amendment 1 (2016)

Alabama Amendment 1
Election date November 8, 2016
Topic Education
Status a Approved
Type Constitutional amendment	Origin State legislature

2016 measures
March 1
Amendment 1 a
November 8
Amendment 1 a
Amendment 2 a
Amendment 3 a
Amendment 4 a
Amendment 5 a
Amendment 6 a
Amendment 7 a
Amendment 8 a
Amendment 9 d
Amendment 10 a
Amendment 11 a
Amendment 12 d
Amendment 13 a
Amendment 14 a
Polls
Voter guides
Campaign finance
Signature costs

The Alabama Auburn University Board of Trustees Amendment, also known as Amendment 1, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016. It was approved.

A "yes" vote supported this proposal to add two members, elected at large, to the Auburn University Board of Trustees and ensure that not more than three board member terms expire in any one calendar year.

A "no" vote opposed this proposal, keeping three members at-large and no restrictions on number of terms ending in a particular year.

Election results

Amendment 1
Result		Votes	Percentage
a Yes		1,182,618	73.43%
No		427,883	26.57%

Election results from Alabama Secretary of State

Overview

Measure design

The Auburn University Board of Trustees makes university policy, evaluates administration, approves the mission of the university, and outlines the role and scope of the university. The Board of Trustees includes the Alabama Governor, at least one member from Lee County, and three at-large members. Amendment 1 added two at-large memberships who "enhance the diversity of the board of trustees by reflecting the racial, gender, and economic diversity of the state." Further, members can serve up to two seven-year terms. Nine members' terms are set to expire in 2019. Amendment 1 guaranteed that no more than three members' terms would expire in the same year.

Text of measure

Ballot title

The official ballot title was as follows:

“

Proposing an amendment to the Constitution of Alabama of 1901, to establish procedures to ensure that no more than three of the members of the Auburn University Board of Trustees shall have terms that expire in the same calendar year and to add two additional at-large members to the board to enhance diversity on the board.

”

Constitutional changes

Alabama Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI •XII •XIII •XIV • XV • XVI • XVII • XVIII
Local Provisions

See also: Amendment 161 to the Alabama Constitution

Amendment 1 amended Amendment 161 to the Alabama Constitution of 1901 as follows, with the stricken text removed and the underlined text added:

Amendment to Amendment 161 to the Alabama Constitution of 1901

PROPOSED AMENDMENT "Section 266. Section 1. (a) Auburn University shall be under the management and control of a board of trustees. The board of trustees shall consist of one member from each of the congressional districts in the state as the same were constituted on the first day of January, 1961, one member from Lee County, two three at-large members both of whom who shall be a resident residents of the continental United States, the state superintendent of education serving on the date this amendatory language is ratified, who shall serve until leaving the office of superintendent, one additional at-large member who shall be a resident of the continental United States, and who shall succeed the current State Superintendent of Education on the board of trustees immediately upon the superintendent leaving office, two additional at-large members who shall be residents of the continental United States and who shall enhance the diversity of the board of trustees by reflecting the racial, gender and economic diversity of the state, and the governor Governor, who shall be ex officio president of the board. (b) The Appointment of the initial two at-large members shall be made by the Governor by and with the advice and consent of the Senate. Otherwise, the trustees from each congressional district, from Lee County, and all subsequent at-large trustees, including the at-large position created upon the vacating of office of the current State Superintendent of Education, two additional at-large members who shall enhance the diversity of the board, shall be appointed by the appointing committee created herein, by and with the advice and consent of the senate Senate. The appointment of members to fill a vacated position with a partially expired term of office shall also be made by the appointing committee as provided herein. (c) A board of trustees appointing committee is established composed of the following members: (1) The President Pro Tem of the Board of Trustees of Auburn University or the designee of the President Pro Tem. The designee shall be a member of the board of Trustees of Auburn University. (2) A member of the Board of Trustees of Auburn University selected by the board of trustees. (3) Two members of the Auburn Alumni Association Board of Directors, who are not current employees of Auburn University, selected by the Auburn Alumni Association Board of Directors. (4) The Governor or a designee of the Governor who is an alumnus of Auburn University but who is not a current member of the Auburn Board of Trustees nor a current member of the Auburn Alumni Association Board of Directors nor a current employee of Auburn University. (d) The Governor, or the designee of the Governor, shall serve as chairperson of the appointing committee. If the chairperson fails to call a meeting within 90 days prior to the expiration of the term of a sitting board member or within 30 days following the creation of a vacancy by death, resignation, or other cause, a majority of the committee, in writing, may call a meeting giving at least 10 days notice. In the absence of the chairperson or another member designated by the chairperson to preside, the majority of the committee shall choose its own chairperson. (e) When appropriate, the appointing committee shall meet to address the appointment of any of the following: A person to fill the at-large position on the Board of Trustees of Auburn University created upon the vacating of office by the current State Superintendent of Education. (1) Persons to fill an expired or soon-to-be expired term of office of any member of the Board of Trustees of Auburn University, including the two five at-large positions initially appointed by the Governor. (2) Persons to fill the remainder of a partially expired term of office of any position on the Board of Trustees of Auburn University which has been vacated by reason of death, resignation, or other cause, including the two five at-large positions initially appointed by the Governor. (f) The appointing committee, by a majority vote, shall appoint an individual to fill the respective position on the board of trustees. The committee shall ensure that appointments are solicited from all constituencies, are inclusive, and reflect the racial, gender, and economic diversity of the state. A person may not be appointed to the Board of Trustees of Auburn University while serving on the appointing committee. (g) A trustee shall hold office for a term of seven years, and may serve no more than two full seven-year terms of office. Appointment and service for a portion of an unexpired term shall not be considered in applying the two-term limit. (h) For purposes of ensuring that transitions in board membership occur in a stable manner, if the secretary of the board determines that, as of January 1 of any calendar year, four of more members of the board hold seats the terms for which will expire during that calendar year, then the secretary shall provide written notice to the board of such fact and the term of the trustees whose term would otherwise expire during that subject year shall be adjusted in the following manner: The trustee who was first confirmed to a term expiring in the subject year shall have his or her term extended to the same month and day in the first subsequent year in which there are less than three trustees with terms expiring; if, after making this initial adjustment, there are still four or more trustees with terms expiring during the subject year, then the term of the next trustee or trustees whose terms are to expire during the subject year shall be adjusted, in order of their original confirmation to the term, to expire on the same month and day as their original term but in the next subsequent year or years in which there are less than three trustees with terms expiring that year; term adjustments to the next subsequent year or years in which there are less than three trustees with terms expiring shall occur regardless of whether the expiration is due to an original expiration date or due to an expiration date adjusted under this subsection, but in no case shall the term of more than three trustees expire during the same calendar year; and in making adjustments, the terms of the final three trustees with terms expiring during the subject year shall expire on the originally established dates. For purposes of this subsection, if two or more trustees were confirmed on the same date, then the order of expiration the terms of those trustees shall be determined alphabetically by last name. (i) Each member of the board of trustees as constituted on the date this amendatory language is ratified December 13, 2000, may serve the remainder of his or her current term and shall be eligible, if otherwise qualified, to serve for no more than two additional seven-year terms. (j) No person shall be appointed as a member of the board of trustees after having reached 70 years of age. Of the two persons initially appointed by the Governor to serve in the at-large positions, one shall be appointed to serve an initial term of four years and one shall be appointed to serve an initial term of seven years. Thereafter, successors to these positions, who shall be appointed by the appointing committee, shall serve terms of office of the same duration as other members. These initial terms shall be considered as full terms in applying the two-term limit. (k) One more than half of the members of the board shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. (1) A term shall begin only upon confirmation by the Senate. A member may continue to serve until a successor is confirmed, but in no case for more than one year after completion of a term. (m) No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of duties as such. (n) No employee of Auburn University shall be eligible to serve as a member of the board of trustees. (o)(1) The appointing committee, or the Governor, in regard to the two initial at-large appointments, shall submit the name of the persons selected for appointment to the Secretary of the Senate, who shall inform the Senate of the receipt of such submission. If the Senate is in regular session at that time, the submission shall be made by the conclusion of the next legislative day following the appointment. If the Senate is not in regular session at the time of appointment, the submission shall be made before the commencement of the next regular session. (2) If the entire Senate, by a majority vote, confirms the submission, the appointee shall immediately assume office. An appointee may not begin service prior to Senate confirmation. (3) If the submission is not confirmed by the entire Senate by a majority vote by the conclusion of the legislative session, the submission shall be considered rejected. (4) A submission to the Senate may be withdrawn at any time by the Governor in regard to the two initial at-large appointments made by the Governor. A submission to the Senate may be withdrawn at any time by the appointing committee in regard to appointments made by the committee. u>(5) Upon the rejection of a submission or the withdrawal of a submission, the appointment and confirmation process specified in this amendment shall commence anew. (p) The same name may be submitted to the Senate for the same position on the board more than one time. (q) Upon the expiration of a term of office, a member of the board of trustees shall continue to serve until a successor is appointed pursuant to this amendment, is confirmed by the entire Senate by majority vote, and assumes office. If a successor is not confirmed by the conclusion of the regular session in which one or more names for the position were initially submitted, the former holder of the position may continue to serve until a successor is appointed and confirmed, but in no case shall this continuation be longer than one year after completion of the term of office. (r) If any position on the board of trustees becomes vacant during a term of office by reason of death, resignation, or other cause, a person shall be appointed by the appointing committee to fill the remainder of the unexpired term of office pursuant to the procedure provided for other appointments made by the appointing committee. The position shall be considered vacant until a person is confirmed by a majority vote of the entire Senate. Section 2. Section 266 of article 14 of the Constitution of Alabama 1901 is hereby repealed."

Fair ballot commission plain language summary

The Fair Ballot Commission's plain language summary was as follows:

“

Amendment 1 does two things. First, it sets up a process to make sure that no more than three of the members of the Auburn University Board of Trustees will have terms that end in the same year. Second, it adds two more at-large members to the board who are intended to add diversity to the Board. This increases the size of the Board from 14 to 16 total members with 5 at-large members. If the majority of the voters vote “Yes” on Amendment 1, no more than three of the members of the Auburn University Board of Trustees will have terms that end in the same year and two more at-large members will be added to the board. If the majority of voters vote “No” on Amendment 1, the Auburn University Board of Trustees will not be able to limit the number of board member terms expiring in the same year and two more at-large members will not be added to the board. There is no cost for Amendment 1. The Constitutional authority for passage of Amendment 1 is set forth in Sections 284, 285 and 287 of the State Constitution. These sections outline the way a constitutional amendment may be put to the people of the State for a vote.

”

Full text

The full text for Amendment 1 can be found here.

Support

Supporters

Rep. Victor Gaston (R-100) sponsored Amendment 1 in the Alabama State Legislature.

Opposition

If you know of any opposition to Amendment 1, please contact editor@ballotpedia.org.

Background

Amendment 1 addressed the topic of education. Prior to 2016, there had been 25 other measures on this topic in Alabama going back to 1958. One of these measures, Amendment 5 in 2000, addressed the Auburn University Board of Trustees as well. It stipulated that the Board consist of one member from each congressional district in the state, one from Lee County, three at-large members, and the governor of Alabama. It also limited terms to seven years.

Ten other measures addressing the topic of education qualified for the 2016 ballot in other states. These include Massachusetts Question 2, Oklahoma Question 779, and Oregon Measure 98. Massachusetts Question 2 was designed to authorize up to 12 new charter schools or enrollment expansions in existing charter schools by the state Board of Elementary and Secondary Education per year. Oklahoma Question 779 was designed to increase the state sales tax by one percent to generate a predicted $615 million per year for education funding. And Oregon Measure 98 was designed to require the Oregon State Legislature to fund dropout-prevention and career and college readiness programs in Oregon high schools.

Media editorials

Support

• The Times Daily wrote the following in support of Amendment 1:

“

There are two reasons voters would support this measure: 1) They believe a 30 percent or more turnover of Auburn’s board of trustees would result in some instability that would negatively impact the board’s responsibilities, which include making legal and fiduciary decisions, approving the university’s mission, strategic goals and objectives, establishing polices related to programs and services, approving the annual budget and program fees, and advising the university’s president. 2) They believe those entrusted with making the most important decisions for Auburn — a research university and one of the two flagships of higher learning in Alabama — should be selected based not solely on their merit, but should reflect the racial, gender and economic diversity of the state. We believe both of the changes that would result from the passage of Amendment 1 are valid reasons to vote for Amendment 1 on Nov. 8.

”

The Decatur Daily also published the same support editorial.

Opposition

Ballotpedia has not yet found any editorial board endorsements in opposition to XXMeasureXX. If you know of one, please email editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

As of February 1, 2017, no ballot question committees were registered to support or oppose Amendment 1.

Path to the ballot

See also: Amending the Alabama Constitution

According to Article 18 of the Alabama Constitution, both houses of the Alabama State Legislature were required to pass the bill by a three-fifths or 60-percent vote in order to send it to the statewide election ballot. If the amendment is approved by a simple majority of the electorate, it becomes part of the constitution.

Amendment 1, titled House Bill 551 (HB 551) in the Alabama Legislature, was introduced by state Representative Victor Gaston (R-100). On May 12, 2015, the Alabama House of Representatives approved HB 551, with 99 members voting "yes," zero voting "no," and six "other" votes. The Alabama State Senate took up the amendment on May 21, 2015, and the chamber passed it with 27 "yes" votes, zero "no" votes, and 8 votes listed as "other."

House vote

May 12, 2015

Alabama HB 551 House Vote
Result		Votes	Percentage
a Yes		99	100.00%
No		0	0.00%

Senate vote

May 21, 2015

Alabama HB 551 Senate Vote
Result		Votes	Percentage
a Yes		27	100.00%
No		0	0.00%

State profile

Demographic data for Alabama
	Alabama	U.S.
Total population:	4,853,875	316,515,021
Land area (sq mi):	50,645	3,531,905
Race and ethnicity**
White:	68.8%	73.6%
Black/African American:	26.4%	12.6%
Asian:	1.2%	5.1%
Native American:	0.5%	0.8%
Pacific Islander:	0.1%	0.2%
Two or more:	1.7%	3%
Hispanic/Latino:	4%	17.1%
Education
High school graduation rate:	84.3%	86.7%
College graduation rate:	23.5%	29.8%
Income
Median household income:	$43,623	$53,889
Persons below poverty level:	23.3%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Alabama. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Alabama

Alabama voted Republican in all seven presidential elections between 2000 and 2024.

More Alabama coverage on Ballotpedia

• Elections in Alabama
• United States congressional delegations from Alabama
• Public policy in Alabama
• Endorsers in Alabama
• Alabama fact checks
• More...

Related measures

Education measures on the ballot in 2016
State	Measures
California	California Proposition 58, Non-English Languages Allowed in Public Education a
Maine	Maine Tax on Incomes Exceeding $200,000 for Public Education, Question 2 a
Oklahoma	Oklahoma One Percent Sales Tax, State Question 779 d

Recent news

The link below is to the most recent stories in a Google news search for the terms Alabama Auburn University Board of Trustees Amendment 1. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Alabama Auburn University Board of Trustees, Amendment 1 (2016) - Google News

See also

Suggest a link

• Alabama 2016 ballot measures
• 2016 ballot measures
• Alabama Legislature
• Education policy in Alabama

External links

• House Bill 551
• Fair Ballot Commission 2016 Amendments Voter Guide

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