Section 2.2: Governing Board

Judgment of Compliance

checked.png Compliance
unchecked.png Partial Compliance
unchecked.png Non-compliance

Requirement

The institution has a governing board of at least five members that is the legal body with specific authority over the institution. The board is an active policy-making body for the institution and is ultimately responsible for ensuring that the financial resources of the institution are adequate to provide a sound educational program. The board is not controlled by a minority of board members or by organizations or interests separate from it. Neither the presiding officer of the board nor the majority of other voting members of the board have contractual, employment, or personal or familial financial interest in the institution.

A military institution authorized and operated by the federal government to award degrees has a public board in which neither the presiding officer nor a majority of the other members are civilian employees of the military or active/retired military. The board has broad and significant influence upon the institution's programs and operations, plays an active role in policy-making, and ensures that the financial resources of the institution are used to provide a sound educational program. The board is not controlled by a minority of board members or by organizations or interests separate from the board except as specified by the authorizing legislation. Neither the presiding officer of the board nor the majority of other voting board members have contractual, employment, or personal or familial financial interest in the institution.

Narrative

McNeese State University is in compliance with Core Requirement 2.2.

The University is governed by two boards of fifteen and sixteen respective members that are the legal bodies with specific authority over the institution. The shared governance system guarantees that the Boards are active in policy-making and that sufficient financial resources are provided to ensure a sound educational program. Neither board is controlled by a minority of the membership, and state laws regarding ethics which govern membership ensure that conflicts of interest do not occur.

Louisiana’s Two-Tiered Governing Structure for Higher Education

The State of Louisiana has a two-tiered governing structure for higher education. The following statement articulates the commitment to shared governance between the two



governing boards: "The responsibilities of the Board of Regents and those of the four management boards are carefully drawn to ensure a balance and distinction between coordinating, planning and policy-making and management implementation [. . .]." The Board of Regents is a policy-making and coordinating board only; it is not directly involved in overseeing the day-to-day operations of the various college campuses. Oversight for day-to-day operations falls to one of the four higher education systems: The Louisiana State University and Agricultural and Mechanical College System, The University of Louisiana System, The Southern University and Agricultural and Mechanical College System and the Louisiana Community and Technical College System.

The Master Plan for Public Post-Secondary Education: 2001 explains the shared governance plan and iterates the duties of the two branches:

In Louisiana, public postsecondary education operates under the concept of “shared governance.” Since the passage of restructuring legislation in 1997, the Board of Regents has evolved from primarily a regulatory agency to the leadership entity for postsecondary education in Louisiana. Delineation of specific responsibilities assigned to the Regents is provided below, followed by role, scope, and mission statements for each of the system boards and the institutions for which they have oversight. These statements have been developed with the institutions and their management boards and should be adhered to until the Regents’ scheduled review of the Master Plan in 2006. Any significant shift from the defined role, scope, and mission of an institution will be strongly discouraged and allowed only under the most exceptional circumstances.

Louisiana Board of Regents

The Louisiana Board of Regents is constitutionally charged to plan, coordinate, and exercise budgetary responsibility for all public postsecondary education in Louisiana. It serves as the representative of public postsecondary education and is responsible for providing advice and recommendations concerning postsecondary education to the governor and the legislature.

Louisiana Board of Regents

This fifteen-member board is appointed by the Governor upon consent of the Senate and is comprised of at least one member, but not more than two members, from each congressional district. A student representative is elected annually from among presidents-elect of student bodies from institutions under the jurisdiction of the Board of Regents.

Article VIII, Section 5, of the Louisiana Constitution authorizes the Louisiana Board of Regents to assume the following responsibilities for all public higher education in Louisiana:

(D) Powers. [. . .] The Board of Regents shall have the following powers, duties, and responsibilities relating to public institutions of postsecondary education:

(1) To revise or eliminate an existing degree program, department of instruction, division, or similar subdivision.

(2) To approve, disapprove, or modify a proposed degree program, department of instruction, division, or similar subdivision.

(3)(a) To study the need for and feasibility of creating a new institution of postsecondary education, which includes establishing a branch of such an institution or converting any non-degree granting institution to an institution which grants degrees or converting any college or university which is limited to offering degrees of a lower rank than baccalaureate to a college or university that offers baccalaureate degrees or merging any institution of postsecondary education into any other institution of postsecondary education, establishing a new management board, and transferring a college or university from one board to another.

(b) If the creation of a new institution, the merger of any institutions, the addition of another management board, or the transfer of an existing institution of higher education from one board to another is proposed, the Board of Regents shall report its written findings and recommendations to the legislature within one year. Only after the report has been filed, or after one year from the receipt of a request for a report from the legislature if no report is filed, may the legislature take affirmative action on such a proposal and then only by law enacted by two-thirds of the elected members of each house.

(4) To formulate and make timely revision of a master plan for postsecondary education. As a minimum, the plan shall include a formula for equitable distribution of funds to the institutions of postsecondary education.

(5) To require that every postsecondary education board submit to it, at a time it specifies, an annual budget proposal for operational needs and for capital needs of each institution under the control of each board. The Board of Regents shall submit its budget recommendations for all institutions of postsecondary education in the state. It shall recommend priorities for capital construction and improvements.

The Board of Regents is ultimately charged with statewide planning, coordination, and budget oversight for Louisiana's nineteen public colleges, universities, and professional schools. The Board of Regents has the following responsibilities:

• Formulate and make timely revision of a Master Plan for postsecondary education. The plan shall include a formula for equitable distribution of funds to postsecondary institutions. In cooperation with each management board and with the chancellor and the president of each public postsecondary institution, the Board will establish a mission for each public university system and for every institution within each system. It will recommend to the legislature or governor any action necessary to support the development of each system and institution as provided in its mission statement.

• Study the need for and the feasibility of creating new institutions as well as establishing branches, changing the status of institutions, establishing new management boards, and transferring institutions from one board to another. Results from such studies will be reported to the legislature, which is the body authorized by the constitution to adopt any changes.

• Establish geographic regions of the state in order to maximize the use of the instructional and physical resources of public postsecondary educational institutions and regionally-accredited independent postsecondary educational institutions in providing broad citizen access to the education and training services provided by such institutions. Approve, disapprove, or modify degree programs, departments of instruction, divisions, or similar subdivisions of all public postsecondary education institutions.

• Submit recommendations to the governor and the legislature for operating budget and for capital construction of and improvements to all institutions of public postsecondary education in the state.

• Adopt appropriate measures, definitions, and program guidelines to implement an accountability process for public institutions of postsecondary education; to identify institutional and system-wide performance standards and performance goals; to develop appropriate reporting procedures and formats for use by the institutions in reporting data; to develop a process for allocating funds in an objective and measurable manner designed to ensure that adequate resources will be available for maximizing educational programs and opportunities consistent with each institution’s role, scope, and mission; and to provide incentive and reward for excellence in institutional performance.

• Administer the Louisiana Universities Marine Consortium (LUMCON).

• Other duties as provided by law. (Master Plan for Public Post-Secondary Education: 2001, 30-36)

University of Louisiana System

In addition to the Louisiana Board of Regents, the state has established four higher education systems, each with its own management board. McNeese State University is a member of the University of Louisiana System. The Master Plan for Public Post-Secondary Education: 2001 defines the University of Louisiana System and its responsibilities:

University and College Systems

University of Louisiana System

The University of Louisiana System is composed of the institutions under the supervision and management of the Board of Supervisors for the University of Louisiana System: Grambling State University, Louisiana Tech University, McNeese State University, Nicholls State University, Northwestern State University of Louisiana, Southeastern Louisiana University, the University of Louisiana at Lafayette, and the University of Louisiana at Monroe.

The Board of Supervisors for the University of Louisiana System shall exercise power as necessary to supervise and manage the institutions of postsecondary education under its control, including receiving and expending all funds appropriated for the use of the board and the institutions under its jurisdiction in accordance with the Master Plan; setting tuition and attendance fees for both residents and nonresidents; purchasing or leasing land and purchasing or constructing buildings subject to approval of the Regents; purchasing equipment; maintaining and improving facilities; employing and fixing salaries of personnel; reviewing and approving curricula and programs of study subject to approval of the Regents; awarding certificates, conferring degrees, and issuing diplomas; adopting rules and regulations; and performing such other functions as are necessary to the supervision and management of the system.

The Board of Supervisors for the University of Louisiana System shall be integrally involved in implementing and executing actions necessary to achieve the goals and objectives of the Master Plan, including the responsibility to:

(1) Work cooperatively with the Board of Regents to assign specific responsibilities to institutions for their respective roles in achieving each objective.

(2) Ensure that each institution within its system actively participates and cooperates in fulfilling the charge of the Regional Coordinating Council(s) to which it is assigned.

(3) Establish priorities within its system for program need and resource allocation.

(4) Ensure that the institutions and units within its system comply with all policies and directives of the Board of Regents, including all provisions of the Master Plan; policies on program approval and associated conditions; policies on financial matters, including those that pertain to administrative salaries, faculty pay guidelines, and other budgetary conditions; and policies regarding physical facilities and related matters. (Master Plan for Public Post-Secondary Education: 2001, 30-36)

McNeese State University operates under the direct aegis of the University of Louisiana System. Each system is governed by a Board of Supervisors, which is charged in Article VIII, Section 6, of the Louisiana Constitution with supervising and managing the institutions within that system:

6. Board of Supervisors for the University of Louisiana System Section 6.(A) Creation; Functions. The Board of Supervisors for the University of Louisiana System is created as a body corporate. Subject to powers vested by this Article in the Board of Regents, it shall have supervision and management of state colleges

and universities not managed by a higher education board created by or under this Article.

(B) Membership; Terms. The board shall be composed of two members from each congressional district and one member from the state at large, appointed by the governor with consent of the Senate. The members shall serve overlapping terms of six years, following initial terms fixed by law.

The sixteen-member Board of Supervisors is comprised of two representatives from each congressional district and one at-large member, all of whom are appointed by the Governor for six-year overlapping terms. A student representative is elected annually from among presidents of student government associations of the eight universities within the system.

The State Constitution stipulates that duties not vested in the Board of Regents be reserved to the Board of Supervisors: “Powers of management over public institutions of postsecondary education not specifically vested by this Section in the Board of Regents are reserved to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Trustees for State Colleges and Universities, the Board of Supervisors of Community and Technical Colleges, and any other such board created pursuant to this Article, as to the institutions under the control of each.”

The Mission Statement for the University of Louisiana System reflects its commitment to ensuring that Louisiana citizens are provided with an opportunity to access higher education:

The University of Louisiana System is a public, multi-campus university system dedicated to the service of Louisiana and its people. The System offers a broad spectrum of educational opportunities ranging from technical training at the associate level to research at the doctoral level. It encompasses eight diverse higher education institutions: Grambling State University, Louisiana Tech University, McNeese State University, Nicholls State University, Northwestern State University, Southeastern Louisiana University, University of Louisiana at Lafayette, and University of Louisiana at Monroe. While these eight institutions share the responsibility for providing high-quality educational opportunities for the people of Louisiana through a lifetime of intellectual growth, each institution's specific mission is shaped by its historic and unique strengths.

The fundamental mission of the System is to emphasize teaching, research, and community service to enhance the quality of life for the State's citizens. Through this mission, students are afforded experiences to discover, create, transmit, and apply knowledge. The purpose of the System is to provide high quality education that is cost efficient to both students and taxpayers, enabling students to reach their highest potential.

The Board of Supervisors is empowered by Revised Statue 17:3351 to direct, control, supervise, and manage any institution of higher learning under its control, including but not limited to the following:

• Sue and be sued, including the right to recover all debts owed to the Board or to any institution under its management, and to retain legal counsel;

• Actively seek and accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private person or agency and to comply with rules and regulations governing grants from the federal government or any other person or agency not in contravention of the Constitution and laws of the State of Louisiana;

• Receive and expend or allocate for expenditure to the institutions under its jurisdiction all monies appropriated or otherwise made available for purposes of the Board and/or the institutions under its jurisdiction;

• Borrow money and issue notes, bonds, or certificates of indebtedness for the same and pledge fees, rents, and revenues to guarantee payment thereof, in accordance with law and with approval of the State Bond Commission;

• Determine the fees which shall be paid by students and maintain in the System office, as a public record available on request, a current schedule of such charges; purchase land and purchase or construct buildings necessary for the use of its institutions in accordance with applicable laws;

• Purchase equipment and properly maintain and make improvements to facilities necessary for the use of its institutions in accordance with applicable laws;

• Lease land or other property belonging to it or to any of the institutions within its system, in accordance with law;

• Employ or approve employment, fix or approve salaries, fix or approve the duties and functions of personnel for the System office and for its institutions, maintain in the System office, as a public record available on request, a current list of approved salaries;

• Accept and approve curricula and programs of study;

• Award certificates, confer degrees and issue diplomas certifying the same, as well as adopt, amend, or repeal rules and regulations pertaining to the conferring of degrees;

• Elect the heads of institutions as prescribed by law.

The Board of Supervisors functions as the legal, active policy-making authority for all institutions within the System and is responsible for ensuring that adequate financial resources are provided to support each university's educational programs. Minutes from ULS Board of Supervisors meetings reflect the dynamic interaction between board members and university representatives.

Decisions are made by majority vote of a quorum of members of both Boards; therefore, the boards are not controlled by a minority of board members or by organizations or interests separate from them. Minutes attached as supporting documents reflect the activities of board members.

Neither the presiding officers of the boards nor the majority of other voting members of the boards have contractual, employment, or personal or familial interests in McNeese State University. Such relationships are prohibited by the Louisiana Code of Governmental Ethics. Members of both boards are bound by the Code, which stipulates a range of ethical concerns for state employees and officials ranging from payments from outside sources to acceptance of non-monetary gifts to nepotism. In compliance with Louisiana state law, the University of Louisiana System bylaws reiterate ethical obligations of employees and officials:

Section 1.G.

Conflict of Interest. The Board of Supervisors for the University of Louisiana System is the governing board for all institutions that comprise the University of Louisiana System. All members of the Board are appointed officers of the State of Louisiana. As such, they are subject to the laws of the State as defined by the 1974 Louisiana State Constitution (Article X. Public Officials and Employees, Part I., Sec. 2) and the State Code of Ethics which govern their conduct and responsibilities (University of Louisiana System Bylaws, 2).

Supporting Evidence

RS 17:3217 University of Louisiana System (See #3)

Article VIII Education (See Section E)

University of Louisiana System (See link for Board, Board Members, Board Minutes)

ULS Board of Supervisors

University of Louisiana System Bylaws

ULS By-Laws, Members of the Board

ULS By-Laws, Conflict of Interest

ULS By-Laws, Meetings

Board of Regents Members

Louisiana Board of Regents Management and Coordination Responsibilities

Louisiana Board of Regents Governance

Minutes from Board of Supervisor's meetings

Minutes from Board of Regents' meetings

Minutes from Joint meeting of ULS-Board of Supervisors and Board of Regents