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H.B. 70

             1     

UNIVERSITY AND COLLEGE PRESIDENTS'

             2     
DUTIES

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: DeMar Bud Bowman

             6      This act modifies provisions related to the state system of higher education by allowing
             7      institutional presidents to provide salaries to support personnel that are equal to or greater
             8      than that provided by private enterprise.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          53B-2-106, as last amended by Chapter 401, Laws of Utah 1998
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 53B-2-106 is amended to read:
             14           53B-2-106. Duties and responsibilities of the president of each institution -- Approval
             15      by board of trustees.
             16          (1) The president of each institution may exercise grants of power and authority as
             17      delegated by the board, as well as the necessary and proper exercise of powers and authority not
             18      specifically denied to the institution, its administration, faculty, or students by the board or by law,
             19      to assure the effective and efficient administration and operation of the institution consistent with
             20      the statewide master plan for higher education.
             21          (2) Except as provided by the board, the president of each institution, with the approval
             22      of the institution's board of trustees may:
             23          (a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members, and
             24      other professional personnel, prescribe their duties, and determine their salaries;
             25          (ii) appoint support personnel, prescribe their duties, and determine their salaries from the
             26      institution's position classification plan, which may:
             27          (A) be based upon similarity of duties and responsibilities within the institution; and


             28          (B) as funds permit, provide [salary and benefits comparable with] salaries equal to or
             29      greater than that provided by private enterprise;
             30          (iii) adopt policies for:
             31          (A) employee sick leave use and accrual; and
             32          (B) service recognition for employees with more than 15 years of employment with the
             33      institution;
             34          (iv) subject to the authority of, policy established by, and the approval of the board of
             35      regents, and recognizing the status of the institutions within the state system of higher education
             36      as bodies politic and corporate, appoint attorneys to provide legal advice to the institution's
             37      administration and to coordinate legal affairs within the institution. The board of regents shall
             38      coordinate activities of attorneys at the institutions of higher education. The institutions shall
             39      provide an annual report to the board of regents on the activities of appointed attorneys. These
             40      appointed attorneys may not conduct litigation, settle claims covered by the State Risk
             41      Management Fund, or issue formal legal opinions but shall, in all respects, cooperate with the
             42      Office of the Attorney General in providing legal representation to the institution;
             43          (b) provide for the constitution, government, and organization of the faculty and
             44      administration, and enact implementing rules, including the establishment of a prescribed system
             45      of tenure;
             46          (c) authorize the faculty to determine the general initiation and direction of instruction and
             47      of the examination, admission, and classification of students. In recognition of the diverse nature
             48      and traditions of the various institutions governed by the board, the systems of faculty government
             49      need not be identical but should be designed to further faculty identification with and involvement
             50      in the institution's pursuit of achievement and excellence and in fulfillment of the institution's role
             51      as established in the statewide master plan for higher education; and
             52          (d) enact rules for administration and operation of the institution which are consistent with
             53      the prescribed role established by the board, rules enacted by the board, or the laws of the state.
             54      The rules may provide for administrative, faculty, student, and joint committees with jurisdiction
             55      over specified institutional matters, for student government and student affairs organization, for
             56      the establishment of institutional standards in furtherance of the ideals of higher education fostered
             57      and subscribed to by the institution, its administration, faculty, and students, and for the holding
             58      of classes on legal holidays, other than Sunday.


             59          (3) Compensation costs and related office expenses for appointed attorneys shall be funded
             60      within existing budgets.
             61          (4) The State Board of Regents shall establish guidelines relating to the roles and
             62      relationships between institutional presidents and boards of trustees, including those matters which
             63      must be approved by a board of trustees before implementation by the president.




Legislative Review Note
    as of 1-3-01 9:22 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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