The Governor and the State Superintendent of Education, by virtue of their respective offices, and the trustees appointed pursuant to Section 16-53-3 and their successors in office are hereby constituted and shall be a body corporate under the name of University of West Alabama, as successor to Livingston University.

It shall be the duty of the board of trustees to make or cause to be made to the Legislature, at each session thereof, a full report of their transactions and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances.

No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality when the intent of the grantor or donor can be arrived at; nor shall any default, malfeasance or nonuser on the part of the trustees or other officers or agents of such corporation work a forfeiture of any of its rights, privileges, powers or franchises.

(a) The President of the University of West Alabama, with the approval of the board of trustees, is hereby authorized to appoint and employ suitable persons to act as police officers to provide security and enforce the applicable laws on, and to keep off intruders and prevent trespass upon and damage to, the property and grounds of the university. Such persons shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the university buildings and grounds, and may, without a warrant, arrest any person guilty of disorderly conduct or of trespass upon the property of the university committed in their presence, and carry them before the nearest district court, before which, upon proper affidavit charging the offense, any person so arrested may be tried and convicted as in cases of persons brought before him on his warrant; and such officers shall have authority to summon a posse comitatus and may, with a warrant, arrest any persons found upon or near the premises of the university charged with any public offense and take them before any proper officer.

(b) The police officers provided for in this section shall cooperate with and, when requested, furnish assistance to the regularly constituted authorities of any municipality, the corporate limit or police jurisdiction of which, adjoins any campus of the university; and their jurisdiction and authority shall be coextensive within the corporate limits of each municipality.

Such corporation shall have all the rights, privileges and franchises necessary to the promotion of the ends of its creation, and shall be charged with all corresponding duties, liabilities and responsibilities. Such corporation may own and hold and may lease, sell or, in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein remaining, of any grant by any governmental unit or by any person, or accruing to the corporation from any source, as it may deem best for the purposes of the university. The president with the approval of the board shall be authorized to execute any lease, deed, or other instrument of conveyance on behalf of the corporation, without additional approval.

The board of trustees shall have the exclusive authority over and jurisdiction of land, buildings and other capital improvements now existing on or hereinafter provided for said campus or other facility. No contract for capital improvements, alterations, remodeling and changing of capital improvements shall be made without the authorization and approval of the board of trustees, and which approval shall be granted by appropriate resolutions of said body. Any contract, agreement or other act relating to capital improvements shall be void and of no effect unless authorized by resolutions of said board. This shall include the making of change orders, alterations and all other matters concerning the construction of or improvements to buildings located on any campus or other facility, except such changes and alterations as involve an expenditure of less than $5,000.00 and expenditures for repair and maintenance.

All acts of Livingston University and the University of West Alabama lawfully done prior to December 7, 1999, by the board of trustees or by the executive officer, are hereby approved, ratified and confirmed.

(a) The board of trustees of the state educational institution now known as the University of West Alabama, but formerly known as Livingston University, as Livingston State Teachers College, and by various other names, shall consist of two members from the congressional district in which the primary campus office of the institution is located, one member from each of the other congressional districts in the state, four members from the state-at-large, the State Superintendent of Education and the Governor, who shall be ex officio chair of the board. Trustees serving on December 7, 1999, shall serve out the terms for which they had previously been appointed. Successors to the trustees hereinabove provided for shall be appointed by the Governor, by and with the advice and consent of the Senate, each for a term of 12 years and until his successor has been appointed and has qualified. Unless the number of congressional districts is reduced or increased, three of the successors to the members from the congressional districts shall be so appointed in 1999 and every 12 years thereafter, three in 2003 and every 12 years thereafter and three in 2007 and every 12 years thereafter. Two of the successors to members from the state-at-large shall be appointed in 1999 and each 12 years thereafter, and two in 2003 and each 12 years thereafter. If the number of congressional districts is reduced or increased, then successors to the trustees from the districts shall be appointed in such manner that, as nearly as possible, one third of such members shall be appointed each fourth year, each for a term of 12 years.

(b) No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such.

(c) No employee of the University of West Alabama, or any person related by blood or marriage to the chief executive officer of said school, shall be eligible to serve on its board of trustees.

(d) No member of the board shall, individually, as a partner, as a stockholder, board member or officer of a corporate body, conduct any business transaction, directly or indirectly, with the University of West Alabama. Any such person who does do so shall be immediately removed from the board of trustees and replaced by appointment by the Governor for the unexpired portion of his term. The chief executive officer of the university shall not as an individual or as an incorporator, officer or director of any profit-making company, corporation, association, partnership or other organization engage in any business in any manner which will conflict with his duties as such chief executive officer or with the best interest of the university or the students enrolled therein. Nothing herein shall be construed to forbid such chief executive officer from serving as a trustee of another educational institution or as an officer of a church or other eleemosynary institution or as an officer, director or trustee of any organization when no profit will accrue to him or his immediate family from any business done by such organization for or with the university or the students enrolled therein. Should the chief executive officer of the university engage in any business in contravention of this provision, such action shall be sufficient cause for his immediate removal by the board of trustees.

(e) Should the number of congressional districts be reduced by reason of reapportionment or otherwise, resulting in the term of the member representing the district eliminated being terminated, the number of state-at-large members shall be increased in proportion to the number of such members whose terms are terminated.

The Board of Trustees of the University of West Alabama shall hold its regular annual meeting each year at the college on the first Monday in June, unless the board shall in regular session determine to hold its meeting at some other time and place. Thereafter, the board shall hold quarterly meetings on the first Monday of each third month after the annual meeting, except that when that first Monday is a State of Alabama holiday, the meeting shall be held on the next Monday which is not a state holiday, unless the board shall in regular session determine to hold its quarterly meeting at some other time or place. Special meetings of the board may be assembled by either one of the two methods outlined as follows:

(1) Special meetings of the board may be called by the Governor. In calling such special meetings, the Governor shall mail a written notice to each trustee at least 10 days in advance of the date of such meetings.

(2) Upon the application in writing of any eight members of the board, the Governor shall call a special meeting, naming the time and place thereof and causing notices to be issued in writing to the several members of the board. Such meetings shall not be held on a date less than 10 days subsequent to the notice from the Governor.

The executive committee of said board and other committees of said board shall hold meetings at such times and on such dates as the board of trustees may provide.

Seven members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

The board of trustees has the power to organize the university by appointing a president, and appointing a corps of instructors, who shall be styled the faculty of the university, and such other instructors and officers as the interest of the university may require; and to remove any such president, instructors or other officers and to fix their salaries or compensation and increase or reduce the same at its discretion; to regulate, alter or modify the government of the university, as it may deem advisable; to prescribe courses of instruction, rates of tuition and fees; to confer such academic and honorary degrees as are usually conferred by institutions of similar character; to designate one or more depositories for school funds; and to do whatever else it may deem best for promoting the interest of the university.

The additional powers granted to the University of West Alabama by Act 99-701, and specifically those powers to provide education through internships and the vestment of powers similar to those granted to a municipality, shall be limited to the campus in Sumter County and any facility now or hereafter located in Bullock County.

After December 7, 1999, the board of trustees created by this chapter for the University of West Alabama shall have exclusive jurisdiction, supervision and control of the University of West Alabama, a state educational institution vested with governmental immunity; and the State Board of Education is divested of all jurisdiction, power and authority with regard to the supervision, management and control of such university except as otherwise herein provided. In addition to the powers, duties and authority hereinabove vested in the board of trustees, such board shall have and exercise all power, authority and duties heretofore conferred on, vested in or required of the State Board of Education under any laws of this state with regard to the supervision, management and control of such university except as otherwise herein provided. The University of West Alabama is a public institution created by the state for educational purposes and any such campus or facility of the university is a part or branch of said state educational institution vested with governmental immunity, and shall constitute an arm or instrumentality of the State of Alabama. Provided, any such campus, other than the primary campus located in Livingston, Alabama, may provide education through internships and shall offer no other type of undergraduate or graduate collegiate credit or courses without approval pursuant to Section 16-5-8. Within the confines of any such campus or facility, such board of trustees shall have exclusive jurisdiction, except as provided for under Sections 16-5-1 through 16-5-33, inclusive, over the governance, supervision, management, and control of such campus or facility and such duties as are assumed and exercised by the board pursuant to the authority herein granted. In addition to other powers, duties, and authority, with regard to any campus or facility, the board of trustees is hereby vested with certain statutory powers granted to a municipality under the laws of this state, including, Sections 11-47-1 through 11-47-24, inclusive, Sections 11-47-110 through 11-47-140, inclusive, Sections 11-47-170 through 11-47-173, inclusive, Sections 11-47-190 through 11-47-192, inclusive, and Sections 11-47-210 through 11-47-220, inclusive, except when in conflict with the provisions of this chapter, and specifically excluding the power to levy taxes. Such governmental unit shall be authorized to receive federal and state grants as a municipality, and to jointly participate as a grant participant with the county in which such campus or facility is located. Such board may request the assistance of the state, the county in which the campus or facility is located, or any municipality within the corporate limits or police jurisdiction of which such campus or facility may be located, in which event the jurisdiction of any such state, county, or municipal authority, when performing such duties at the request of such board of trustees, shall be coextensive with the university or its board of trustees within any such campus or facility of the university. Provided the grant of such statutory municipal powers to the university and its board of trustees shall not change the character of the university as an arm of the State of Alabama, and such grant and the exercise of such powers shall not constitute a waiver of, nor change, amend, or diminish the immunity granted to the university, its board of trustees, and its employees pursuant to Section 14 of the Constitution of Alabama of 1901, and the grant and exercise of such powers relating to liability pursuant to Sections 11-47-190 through 11-47-192, inclusive, shall not change, amend, or diminish such immunity. The grant and exercise of the powers set forth in Sections 11-47-190 through 11-47-192, inclusive, is cumulative and in addition to the constitutional immunity provided by Section 14, and applies to claims and actions which do not present a claim or action against the state.

Any vacancy in the office of trustee occurring during the recess of the Legislature shall be filled by appointment of the Governor. Such appointee shall hold office until the next session of the Legislature, when the vacancy shall be filled by the Governor by and with the consent of the Senate. A trustee appointed to fill a vacancy by the Governor, by and with the consent of the Senate, shall hold office during the unexpired term.

The certificate of the chair of the board or, in his absence, of the chair pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees.