C.R.S. § 32-9-111.5: Appointment of directors - dates - terms - vacancies - removal.

(1) (a) On or before the day of the November general election, beginning in 2028, the governor shall appoint board members who must subsequently be confirmed by the senate. The appointed members' terms commence on January 1 following their appointment in the even-numbered year. The governor shall appoint the following members in accordance with this section:

(I) One member from a list of nominees provided by the Denver regional council of governments in accordance with subsection (4) of this section;

(II) One member who is a current or former member of the union that represents the largest collective bargaining unit of employees of the district; and

(III) Two members at the governor's discretion and in compliance with this section.

(b) On and after January 1, 2029, the four appointed members shall each reside within the district and represent the district at large.

(c) In 2028, the governor shall appoint four new board members whose terms commence on January 1, 2029. In each even-numbered year thereafter, the governor shall appoint two members in accordance with this section to replace the two members whose terms are set to expire the following January 1.

(2) (a) When appointing members, the governor shall ensure that the appointed members represent diverse geographic areas of the district, including suburban counties, and that the four members collectively possess expertise related to the following areas:

(I) Public finance, such as operating and capital budgeting, fare revenue and subsidy structures, capital program delivery, asset management and lifecycle capital planning, or financial management of a public transportation system;

(II) Land use and multimodal transportation planning, such as transit-oriented development, regional planning, or urban and rural mobility;

(III) Transit operations, such as public transportation management, fleet operations, scheduling, or system performance; and

(IV) Transit agency programs serving disproportionately impacted communities, as that term is defined in section 24-4-109 (2)(b)(II).

(b) The governor shall consider and give preference to individuals that have experience and a background in multiple areas listed in this subsection (2), but a member appointed to the board in accordance with this section is not required to possess expertise in more than one area listed in this subsection (2).

(3) (a) Except as otherwise provided in this subsection (3), the regular term of office of members appointed by the governor and confirmed by the senate in accordance with this section is four years. Members may serve up to two terms, with each term expiring after a member has served for four consecutive calendar years. Any term served by a member that lasts for less than two years does not count toward the member's two-term limit.

(b) Of the initially appointed members whose terms begin on January 1, 2029, the two members appointed at the governor's discretion in accordance with subsection (1)(a)(III) of this section serve initial terms of two years.

(4) (a) (I) Beginning in 2028, no fewer than thirty days before the day of the November general election in an even-numbered year, the Denver regional council of governments shall provide the governor with a list of nominees for board appointments, from which the governor shall select a member to appoint to the board pursuant to subsection (1)(a)(I) of this section. The list must contain at least three qualified nominees. If the Denver regional council of governments fails to provide a list within the required time frame, the governor may appoint a member to the board at the governor's discretion and in compliance with this section.

(II) When selecting individuals for the list of nominees, the Denver regional council of governments shall:

(A) Consider and give preference to individuals that have experience and a background in multiple areas listed in subsection (2)(a) of this section; and

(B) Make reasonable efforts to ensure that the nominees reflect the geographic and demographic diversity of the district's ridership and service area and that the nominee list includes individuals from diverse racial, cultural, disability, and gender backgrounds and individuals representing both urban and suburban communities within the district.

(b) Beginning in 2028, no fewer than thirty days before the day of the November general election in an even-numbered year, the union that represents the largest collective bargaining unit of employees of the district shall provide the governor with a list of at least three qualified nominees for the member appointed in accordance with subsection (1)(a)(II) of this section.

(5) (a) If the seat of a member that was appointed in accordance with subsection (1)(a)(I) of this section is vacant, the Denver regional council of governments shall, within sixty days after the vacancy occurs and in compliance with subsection (4) of this section, provide the governor with a list of at least three qualified nominees for the vacant member seat. The governor shall, within sixty days after receiving the list or sixty days after the vacancy occurs, whichever is later, appoint a member from the list to fill the vacancy. If the Denver regional council of governments fails to provide a list within the required time frame, the governor may appoint a member to fill the vacancy at the governor's discretion and in compliance with this section.

(b) If the seat of a member that was appointed in accordance with subsection (1)(a)(II) of this section is vacant, the union that represents the largest collective bargaining unit of employees of the district shall, within sixty days after the vacancy occurs, provide the governor with a list of at least three qualified nominees for the vacant member seat. The governor may appoint a member to fill the vacancy in compliance with this section.

(c) If the seat of a member that was appointed in accordance with subsection (1)(a)(III) of this section is vacant, the governor shall, within sixty days after the vacancy occurs, appoint a member to fill the vacancy at the governor's discretion and in compliance with this section.

(d) The term of a member that fills a vacancy in accordance with this subsection (5) expires when the term of the former vacating member would have expired.

(6) The governor may remove a member appointed in accordance with this section for malfeasance in office, neglect of duty, failure to regularly attend meetings, or any other cause that renders the member incapable or unfit to discharge the duties of the board. If any member is absent from two consecutive meetings without reasonable cause, as determined by the board chairperson, the chairperson shall notify the governor, who may remove the absent member and appoint a qualified replacement for the unexpired term.

(7) A prospective member to be appointed in accordance with this section shall disclose any potential conflicts of interest to the governor and the relevant senate committee of reference of the general assembly prior to confirmation by the senate and shall disclose any conflicts that arise during the member's term at a public board meeting. Failure to disclose a known conflict of interest, or taking action on a matter in which the member has an undisclosed conflict of interest, constitutes cause for removal by the governor pursuant to subsection (6) of this section.