S.B. 93 Enrolled

HIGHER EDUCATION PRESIDENTIAL AUTHORITY
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: R. Mont Evans
AN ACT RELATING TO HIGHER EDUCATION; PROVIDING THAT THE PRESIDENT OF
A HIGHER EDUCATION INSTITUTION BASE SALARY DETERMINATIONS OF
SUPPORT PERSONNEL ON A POSITION OF CLASSIFICATION PLAN; PROVIDING
THAT THE PRESIDENT MAY ADOPT POLICIES FOR EMPLOYEE SICK LEAVE AND
SERVICE RECOGNITION; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53B-2-106, as last amended by Chapter 74, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53B-2-106 is amended to read:
53B-2-106. Duties and responsibilities of the president of each institution -- Approval
by board of trustees.
(1) The president of each institution may exercise grants of power and authority as
delegated by the board, as well as the necessary and proper exercise of powers and authority not
specifically denied to the institution, its administration, faculty, or students by the board or by law,
to assure the effective and efficient administration and operation of the institution consistent with
the statewide master plan for higher education.
(2) Except as provided by the board, the president of each institution, with the approval
of the institution's board of trustees may:
(a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members,
[and other professional and support personnel,] and other professional personnel, prescribe their
duties, and determine their salaries; [and]
(ii) appoint support personnel, prescribe their duties, and determine their salaries from the
institution's position classification plan, which may:
(A) be based upon similarity of duties and responsibilities within the institution; and

(B) as funds permit, provide salary and benefits comparable with private enterprise;
(iii) adopt policies for:
(A) employee sick leave use and accrual; and
(B) service recognition for employees with more than 15 years of employment with the
institution;
[(ii)] (iv) subject to the authority of, policy established by, and the approval of the board of
regents, and recognizing the status of the institutions within the state system of higher education as
bodies politic and corporate, appoint attorneys to provide legal advice to the institution's
administration and to coordinate legal affairs within the institution. The board of regents shall
coordinate activities of attorneys at the institutions of higher education. The institutions shall
provide an annual report to the board of regents on the activities of appointed attorneys. These
appointed attorneys may not conduct litigation, settle claims covered by the State Risk Management
Fund, or issue formal legal opinions but shall, in all respects, cooperate with the Office of the
Attorney General in providing legal representation to the institution;
(b) provide for the constitution, government, and organization of the faculty and
administration, and enact implementing rules, including the establishment of a prescribed system
of tenure;
(c) authorize the faculty to determine the general initiation and direction of instruction and
of the examination, admission, and classification of students. In recognition of the diverse nature
and traditions of the various institutions governed by the board, the systems of faculty government
need not be identical but should be designed to further faculty identification with and involvement
in the institution's pursuit of achievement and excellence and in fulfillment of the institution's role
as established in the statewide master plan for higher education; and
(d) enact rules for administration and operation of the institution which are consistent with
the prescribed role established by the board, rules enacted by the board, or the laws of the state. The
rules may provide for administrative, faculty, student, and joint committees with jurisdiction over
specified institutional matters, for student government and student affairs organization, for the
establishment of institutional standards in furtherance of the ideals of higher education fostered and

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subscribed to by the institution, its administration, faculty, and students, and for the holding of
classes on legal holidays, other than Sunday.
(3) Compensation costs and related office expenses for appointed attorneys shall be funded
within existing budgets.
(4) The State Board of Regents shall establish guidelines relating to the roles and
relationships between institutional presidents and boards of trustees, including those matters which
must be approved by a board of trustees before implementation by the president.
Section 2. Effective date.
This act takes effect on July 1, 1998.

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