Resolution on Presidential Authority
Updated & Approved October 24, 2017
WHEREAS, Article IX, section 7(c), Florida Constitution provides that the Board of Governors shall establish the powers and duties of the university board of trustees as set forth therein and as may be established in Board of Governors' regulations, and
WHEREAS, the Board of Governors amended Regulation 1.001, University Boards of Trustees Powers and Duties, at its June 2016 meeting which supersedes the delegation of authority to the boards of trustees contained in the Board of Governors' Resolution dated January 7, 2003, and
WHEREAS, the regulation delegates powers and duties to the university boards of trustees so that the university boards have all of the powers and duties necessary and appropriate for the direction, operation, management, and accountability of each state university, and
WHEREAS, the University of North Florida is responsible for cost-effective policy decisions as appropriate to the university's mission, the implementation and maintenance of high-quality education programs within law, the measurement of performance, the reporting of information and the provision of input regarding state policy, budgeting, and education standards, and
WHEREAS, the University of North Florida Board of Trustees has revised and updated its delegation of certain authorities to the University President, consistent with state law, regulations and policies of the Board of Governors, and regulations and policies of this Board,
NOW THEREFORE, Be it resolved:
The UNF Board of Trustees hereby delegates to John A. Delaney, as University President, Chief Executive Officer and Corporate Secretary of the Board of Trustees, responsibility for the operation and administration of the University of North Florida, consistent with the authority delegated in this regulation and any additional delegation as may be made by the Board of Trustees from time to time. In carrying out these duties and responsibilities, the President shall:
(1) University Administration and Oversight.
(a) Organize the University to efficiently and effectively achieve its goals, and periodically review and provide reports to the Board of Trustees on University operations in order to determine how effectively and efficiently the University is being administered and whether it is meeting the goals of its strategic plan adopted by the Florida Board of Governors.
(b) Prepare a strategic plan in alignment with the Board of Governors' systemwide strategic plan and regulations, and the University's mission. University strategic plans shall first be considered and approved by the UNF Board of Trustees and then submitted to the Board of Governors for approval.
(c) Prepare a multi-year workplan for consideration and approval by the Board of Trustees, and for submission to the Board of Governors, that outlines UNF's top priorities, strategic directions, and specific actions and financial plans for achieving those priorities, as well as performance expectations and outcomes on institutional and systemwide goals. The workplan shall reflect UNF's distinctive mission and focus on core institutional strengths within the context of State University System goals and regional, statewide, national and international needs.
(d) Prepare and periodically update a policy addressing conflicts of interest for the UNF Board of Trustees and University employees.
(e) Maintain an effective information system to provide accurate, timely, and cost-effective information about UNF, and requiring that all data and reporting requirements of the Board of Trustees and Board of Governors be met.
(f) Take routine administrative actions on behalf of the UNF Board of Trustees related to the development, adoption, amendment or repeal of University regulations, or any action required under the Florida Administrative Procedures Act, Chapter 120, F.S. This authority does not include the final approval of University regulations.
(g) Propose regulations for approval by the UNF Board of Trustees, when appropriate.
(h) Establish procedures related to data and technology, including information systems, communications systems, computer hardware and software, and networks.
(i) Secure comprehensive general liability insurance pursuant to ss. 1001.706(4)(d) and 1004.24, F.S.
(j) Provide for payment of the cost of civil actions against officers, employees, or agents of the UNF Board.
(k) Govern traffic on the grounds of the University and in other areas in accordance with law and any mutual aid agreements entered into with other law enforcement agencies.
(l) Establish the program for campus safety and emergency preparedness, including safety and security measures for University personnel, students, and campus visitors.
(m) Close all or portions of the University campus and cease normal operations and services in the event of an emergency, when, in the President's judgment, such action would protect the safety, health and welfare of the University faculty, students and staff, and the University facilities and grounds. In exercising this authority, the President is authorized to determine and assign those employees who are required to provide essential services.
(n) Consult with the Chancellor of the State University System prior to recommending any acquisition, establishment, reclassification, relocation, or closure of additional campuses or special purpose centers to the Board of Trustees.
(o) Set the agenda for meetings of the Board of Trustees in consultation with the chair.
(p) Consult with the Board of Trustees in a timely manner on any matters appropriate to its policy-making and fiduciary functions.
(2) Academic Programs and Student Affairs.
(a) Propose for adoption by the UNF Board, as appropriate, university regulations or policies in areas including, but not limited to:
- Authorization and discontinuance of degree programs;
- Articulation and access;
- Admission and enrollment of students;
- Minimum academic performance standards for the award of a degree;
- Student financial assistance;
- Student activities and organizations;
- Student records and reports;
- Antihazing, related penalties, and program for enforcement;
- Reasonable accommodation of religious observances;
- Textbook and instructional materials affordability; and
- Uniform student code of conduct and related penalties.
Such regulations or policies shall be consistent with any applicable Board of Governors' regulations.
(b) Develop, approve, and implement non-degree and non-college credit granting educational programs of the University.
(c) Award degrees, including posthumous, in memoriam and honorary degrees.
(d) Develop, approve, and implement student exchange programs, including without limitation those that are ancillary to the degree and non-degree and non-college credit granting programs of the University.
(e) Establish the internal academic calendar of the University within general guidelines of the Board of Governors.
(f) Establish a committee to periodically review and evaluate the student disciplinary system. At least one-half of the members of the committee shall be students appointed in consultation with the Student Government President.
(g) Approve the internal procedures of student government organizations.
(h) Approve the establishment of an educational research center for child development in accordance with the provisions of s. 1011.48, F.S.
(i) Administer all aspects of the UNF intercollegiate athletics program, with periodic reports to the Board of Trustees on the operations of the program including, but not limited to, finances, audit and compliance, and changes in key personnel.
(a) Establish and implement policies and procedures to recruit, appoint, transfer, promote, compensate, evaluate, reward, demote, discipline, and remove personnel, in accordance with regulations and policies of the UNF Board of Trustees and the Board of Governors.
(b) Consult with the chair of the Board of Trustees, or other trustee designee, on the hiring, dismissal, and compensation of any person to serve in a Vice President capacity, as the Athletic Director, or as a Head Coach, or other senior executive direct report position to the President or the Board of Trustees. In addition to directly reporting to the President, the following positions shall have a reporting relationship to the Board of Trustees: the General Counsel, the Chief Audit Executive and the Chief Compliance Officer.
(c) Approve travel in accordance with s. 112.061, F.S.
(d) Serve as the University representative with regard to administering collective bargaining matters; appointing members to the collective bargaining teams to negotiate agreements on behalf of the UNF Board of Trustees; and signing final agreements for the UNF Board of Trustees after ratification by collective bargaining units.
(4) Financial Management.
(a) Keep the Board of Trustees apprised of the financial condition of the University and any direct support organizations certified by the Board of Trustees or affiliated organizations subject to the oversight of the Board of Trustees.
(b) Prepare an institutional budget request, including a request for fixed capital outlay, and an operating budget for approval by the UNF Board of Trustees.
(c) Recommend to the UNF Board of Trustees a schedule of tuition and fees to be charged by the University, within law and regulations of the Board of Governors, and regulations and policies of the UNF Board of Trustees. The President may establish the fee schedules for services and equipment provided on a cost recovery basis and which are not a part of the required costs for enrolling in academic coursework or for housing. Examples of these fees and fines include, but are not limited to, child care services provided to the public, fines or penalties for lost or damaged property and facility rentals.
(d) Recommend to the UNF Board of Trustees a regulation for the waiver for tuition and fees pursuant to law and regulations established by the Board of Governors.
(e) Account for expenditures of all state, local, federal, and other funds in accordance with guidelines or regulations established by the Board of Governors, and as provided by state or federal law.
(f) In accordance with the provisions of s. 1011.40, F.S., prepare the operating budget of the University as prescribed by law, regulations of the Board of Governors, policies of the UNF Board of Trustees, and provisions of the General Appropriations Act, for approval by the Board of Trustees. The proposed expenditures, plus transfers, and balances shall not exceed the estimated income, transfers, and balances. The budget and each part thereof shall balance. If at any time the unencumbered balance in the education and general fund of the UNF Board of Trustees approved operating budget goes below 5 percent, the President shall provide written notification to the Board of Governors.
(g) Enter into agreements for, and accept, credit card payments as compensation for goods, services, tuition, and fees.
(h) Establish policies and procedures for the performance of annual internal audits of University finances and operations. All reports generated from such audits must be submitted to the Board of Governors after review and acceptance by the UNF Board of Trustees.
(i) Transfer funds from one depository to another, within a depository, to another institution, or from another institution to a depository for investment purposes; transfer funds in a similar manner when the transfer does not represent an expenditure, advance, or reduction of cash assets in accordance with s. 1011.42(6), F.S. and Delegation of Authority approved April 20, 2006. All budget transfers related to this delegation will be reported as part of the quarterly report to the Board of Trustees.
(j) In accordance with s. 1011.42(6), F.S. authorize budget transfers from reserve accounts (other than the President's reserves over which the President shall exercise full discretion) in amounts not exceeding $200,000. Budget transfers in amounts exceeding $200,000 but less than $500,000 require the approval of the Chair of the UNF Board of Trustees Finance and Audit Committee; amounts exceeding $500,000 require prior approval of the UNF Board of Trustees.
(k) Sign checks to pay legal obligations of the University in accordance with s. 1011.42(7), F.S.
(l) Perform banking transactions, which authority shall also be delegated to the Vice President and Assistant Vice President for Administration and Finance, the University Controller and Associate Controller, and the University Treasurer, and other positions deemed by the President or senior designee reporting to the President to have responsibility for financial matters.
(m) Employ private attorney services after consulting with UNF's General Counsel.
(n) Employ the services of collection agencies when deemed advisable in collecting delinquent accounts and to charge off and settle accounts for amounts not exceeding $10,000 when uncollectible. The President will annually report the status of accounts receivable charge-offs to the Board.
(o)Ensure the Board of Trustees is presented with sufficient information for prudent decision-making for projects subject to the Board of Governors Debt Management Guidelines and Public-Private Partnership Guidelines, and University guidelines.
(5) Property and Purchasing.
(a) Administer a program for the maintenance and construction of facilities pursuant to Chapter 1013, F.S.; certify to the Board of Governors or Department of Education, as requested, a project's compliance with the requirements for expenditure of Public Education Capital Outlay (PECO) funds.
(b) Act for the UNF Board of Trustees as custodian of all University property.
(c) Approve and execute contracts for the purchase, sale, lease, license, or acquisition of commodities, goods, equipment, and contractual services, leases of real and personal property, and construction. The acquisition may include purchase by installment or lease-purchase. Such contracts may provide for payment of interest on the unpaid portion of the purchase price. A contract for the purchase of goods and services exceeding $1,000,000 requires approval by the chair of the Finance and Facilities Committee.
(d) In accordance with the provisions of s. 1013.48, F.S., approve change orders in the name of the UNF Board of Trustees for amounts not exceeding $100,000 in accordance with the provisions of the UNF Board of Trustees delegation of authority approved January 26, 2006. All such approvals shall be for the purpose of expediting the work in progress and shall be exercised in accordance with the President's further delegation of change order approval authority to the Office of Administration and Finance. The President or designee may make change orders for an amount exceeding $100,000 after consultation and approval of the chair of the Finance and Facilities Committee. Change orders exceeding $1 million require the prior approval of the Finance and Facilities Committee. All change orders shall be reported to the Board of Trustees and entered in to the official minutes as soon as practicable at a regular meeting of the Board.
(e) Regulate the use, maintenance, protection, and control of, and the imposition of charges for, University-owned or University-controlled buildings and grounds, property and equipment, name trademarks and other proprietary marks, and the financial and other resources of the University.
(f) Adjust property records and dispose of state-owned tangible personal property in the University's custody in accordance with the procedures established by the Board of Trustees. Notwithstanding the provisions of s. 273.055(5), F.S., all moneys received from the disposition of state-owned tangible personal property shall be retained by the University and disbursed for the acquisition of tangible personal property and for all necessary operating expenditures. The University shall maintain records of the accounts into which such moneys are deposited.
(g) Protect, develop, and transfer the work products of University personnel and other University agents and contractors, which authority shall include but not be limited to licensing, assigning, selling, leasing, or otherwise allowing the use of or conveying such work products and securing and enforcing patents, copyrights, and trademarks on such products.
(h) In accordance with s. 705.18, F.S., and Board of Governors' regulation, take charge of any lost or abandoned personal property found on the University campus or on premises owned or controlled by the University or any direct support organization thereof. If the property is not claimed by the owner within 30 days after it is found, or a longer period of time as may be deemed appropriate by the President, the President or designee shall dispose of or make use of the property in accordance with established policies and procedures that best meet the needs of the University.
(i) Prepare a campus master plan for adoption by the UNF Board of Trustees, and prepare a campus development agreement for execution by the UNF Board of Trustees, pursuant to section 1013.30, F.S., and report on progress under the master plan.
(j) Recommend for adoption and promulgation by the UNF Board of Trustees, regulations establishing basic criteria related to procurement, including procedures and practices to be used in acquiring commodities and contractual services, in accordance with Board of Governors' regulations.
(k) Exercise responsibility for the fire safety and sanitation of public educational and ancillary plants.
(6) Miscellaneous Powers and Duties.
(a) In accordance with s. 1004.28, F.S. and Board of Governors Regulation, recommend to the UNF Board of Trustees for final approval, the creation and certification, as well as the decertification and dissolution, of direct support organizations, and any other affiliated organization of the University whose authorizing legislation, bylaws or agreement with the University so requires, in order to serve the needs or further the interests of the University.
(b) Appoint a representative to the governing boards of each direct support organization or any other affiliated organization of the University. Prior to appointing representatives to the governing boards of direct support organizations or any other affiliated organization of the University, the President shall consult with the chair of the Board, or other trustee designee.
(c) Accept gifts, grants, bequests, and devises on behalf of the university.
(d) In accordance with the terms specified by the donor, to designate the purpose for which, and the location at which, the income and/or principal of a gift shall be used and to make allocations in accordance therewith.
(e) To determine, consistent with any expressed intent of the donor, the purpose for which and the location at which a gift shall be used, to determine whether income and/or principal shall be used, and to make allocations and reallocation in accordance therewith, to the extent not specified by the donor of a gift.
(f) Establish policies regulating the administration and operation of the UNF Division of Sponsored Research. The President, or his designee, is authorized to negotiate, enter into, and execute research contracts; to solicit and accept research grants and donations; and to fix and collect fees, other payments, and donations that may accrue by reason thereof. The President or his designee may negotiate, enter into, and execute contracts on a cost-reimbursement basis and may provide temporary financing of such costs prior to reimbursement from moneys on deposit in a sponsored research development fund, except as may be prohibited elsewhere by law.
(g) All purchases of a division of sponsored research shall be made in accordance with the policies and procedures of the University pursuant to guidelines of the Board of Governors; however, upon certification addressed to the President that it is necessary for the efficient or expeditious prosecution of a research project, the President may exempt the purchase of material, supplies, equipment, or services for research purposes from the general purchasing requirement of the Florida Statutes.
(h) Comply with all applicable laws, rules, regulations, and requirements.
(i) Minimize university risk and manage the university's risk management program.
(j) Delegate electronically or in writing to any employee of the University who:
1. is a Vice President with responsibility in an area relating to the subject matter of the delegation; or
2. is a manager with responsibility in an area relating to the subject matter of the delegation who reports directly to a position at or above the level of Vice President; or
3. holds a position at the University that is equivalent in seniority or responsibility to a Vice President or such manager, as determined by the President or the Vice President for Human Resources; or
4. is deemed by the President to have the appropriate capabilities,
provided that the delegation specified the date of the delegation, the name and title of the delegee, the particular authority or portion of authority being delegated and a copy of such delegation is filed with the delegee and with the Vice President and General Counsel of the University, and a table of the delegations is provided to the Board of Trustees. Although the president may re-delegate to appropriate officials, the president retains the final authority and responsibility for the administration of the university and may condition, limit, or revoke any delegated signature authorities at any time. Authorities the President reserves may not be exercised by any other person, unless expressly authorized by administrative policy or presidential directive.
(k) Initiate and settle lawsuits and claims, and appeal adverse rulings in accordance with the provisions of the UNF Board of Trustees Delegation of Authority approved June 20, 2006 when doing so would be in the best interests of the University.
1. For claims up to $100,000, the President or designee may take action.
2. For claims greater than $100,000, but less than $250,000, the President or designee may take action after consultation with the Chair of the Finance and Facilities Committee or the Chair of the Board of Trustees, as appropriate.
3. For claims above $250,000, the President will consult with and seek the approval of the members of the Finance and Facilities Committee. The President or designee shall report all actions above $250,000 to the full Board.
(l) Perform such other duties as the UNF Board of Trustees may determine are necessary or appropriate for the administration of the University, in compliance with any applicable laws and Board of Governors' regulations and policies, and resolutions.
(m) Nothing in this resolution should be construed as limiting or divesting the Board of Trustees' right to exercise any authority or responsibility as deemed appropriate.
(n) If any additional contract or other matter of the University, a direct support organization, or other University affiliated entity, beyond ordinary standards and not covered by specific standards, would be considered material to the University and/or a direct support organization or University affiliated entity, including its resources or reputation, or would generate significant media attention, the President or designee is expected to confer with the chair of the Board and to notify the vice chair of the Board. Also, if any matter is expected to generate significant media attention outside of the ordinary course, the President is expected to notify the full Board of Trustees. The chair of the Board and the President shall collaborate over time to support their mutual understanding of this expectation, recognizing that there are judgments involved for both of them.