Board of Trustees and Committees

POLICY

It is the policy and intent of the Board of Trustees to comply fully with legislation directing that Board meetings are to be open to the public and that actions are to be taken openly.

I. Committee Actions

Section 19 of the Higher Education Act, which created the Board of Trustees, provides that "Each board shall have the authority to establish such committees as it deems necessary to properly fulfill its responsibilities, provided that such committees shall be advisory only. All matters requiring board determination shall be presented to and considered by the entire board."

This plainly declares that no final action or appointment will be approved by such committees. It also clearly advises that action for the Board may not be taken by a committee of the Board.

II. University Administration Responsibilities

Section 15 of the Act distinctly advises that the authority for the day-to-day administration of the University be vested in the president of the University and does not permit the Board or a committee to exercise the administrative prerogatives of the president.

III. Committee Operation and Limitations

The committees, as constituted under the rules adopted by the Board and under which it has been operating, have been organized to conform to the statute requirement that they be "advisory" to the Board. Committee meetings have been work sessions for the purpose of reviewing data and viewpoints in considering alternative solutions to problems of the University with the results of such deliberations being presented to the Board for its consideration and action. It is assumed they will continue to operate in this manner.

IV. Meetings

A. Meetings may be closed only for discussions of individuals' personnel status, strategy sessions with respect to collective bargaining or litigation, purchase of real property, deployment of security personnel or devises or for investigative proceedings regarding criminal allegations.

B. A meeting may be closed by a two-thirds vote of members if a quorum is present.

C. The reasons for closing must be recorded in the minutes.

D. No final action may be taken at a closed meeting; no resolution, rule, regulation, contract or appointment may be made while the meeting is closed.

E. A notice (date, time, and place) must be specified in advance.

F. If the meetings are regular, the meeting schedule must be given at least once a year.

G. The notice must be posted at the building where it is being held and provided in at least one newspaper.

H. Attempt must be made to give actual notice for emergency meetings.

I. Minutes are required stating date, time and place; members present and absent; substance of all matters proposed, discussed or decided; a record, by individual, of all votes taken; and names of citizens who appear and the substance of their testimony.

J. Minutes must be taken for closed meetings and must include date, time and place; members present and absent; and names of others present, unless the disclosure would infringe on the purpose for closing the meeting.