Section 3.2.4: Governance and Administration

Judgment of Compliance

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unchecked.png Partial Compliance
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Requirement

The governing board is free from undue influence from political, religious, or other external bodies, and protects the institution from such influence.

Narrative

McNeese State University is in compliance with Comprehensive Standard 3.2.4.

Article VIII of the State Constitution of 1974 states in its preamble that the goal of public education in Louisiana is “to provide learning environments and experiences, at all stages of human development, that are humane, just, and designed to promote excellence in order that every individual may be afforded an equal opportunity to develop to his full potential.”

With that goal in mind, the members of the Board of Regents and Board of Supervisors for the University of Louisiana System who are appointed by the governor are obliged to serve the state educational institutions impartially, free from undue influence from political, religious, or other external bodies. As governing bodies, they are also obliged to protect the institutions under their aegis from such influence.

The state of Louisiana protects elected officials and public employees from outside influence and ensures that obligations to the institutions they serve can be met by establishing laws governing ethical conduct. The Louisiana Code of Governmental Ethics, enacted April 1, 1980, notes the following obligations in order to ensure “proper operation of democratic government:”

    • Elected officials and public employees be independent and impartial;

    • Governmental decisions and policy be made in the proper channel of the governmental structure;

    • Public office and employment not be used for private gain other than the remuneration provided by law;

    • There be public confidence in the integrity of government;

    • The law protect against such conflicts of interest;

    • The law establish appropriate ethical standards with respect to the conduct of elected officials and public employees without creating unnecessary barriers to public service.

Louisiana public universities are 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 both Boards are active in policy-making.

University of Louisiana Board of Supervisors

Oversight for day-to-day operations of McNeese State University falls the University of Louisiana System, which is comprised of sixteen members who serve overlapping terms of six years. Two members are appointed from each congressional district and one member from the state at large. As provided by the Louisiana Constitution, the Board also has a student member who serves a one-year term.

New ULS Board members are required to complete a two-day orientation process that ensures they are informed about their duties and ethical responsibilities.

Board of Regents

The Louisiana Board of Regents is comprised of two members from each congressional district and one from the state at large appointed by the governor, with consent of the Senate, for overlapping terms of six years. The board should be representative of the state's population by race and gender to ensure diversity.

Members of both boards are required to abide by ethical stipulations in the Louisiana Constitution of 1974 and take the following oath of office on appointment:

30. Oath of Office

Every official shall take the following oath or affirmation: "I, . . ., do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this state and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as . . ., according to the best of my ability and understanding, so help me God."

Thus undue influence from external bodies of any kind is limited in the following ways:

    • Policies regarding appointment of the board members ensure that the state is broadly represented on both Boards. Members are appointed with respect to geographic diversity, two members from each congressional district and one member from the state at large. A student Board member is also appointed each year. The Governor's recommendations for appointment are confirmed by the State Senate.

    • The state's open meetings law states specifically that “[i]t is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy. (Louisiana Revised Statute 42.1.1)

    • Meetings occur on a regular basis and in an open forum as specified in Section III of the Board Bylaws.

    • Opportunity is provided for public comments at all Board meetings in accordance with Section III of the Board Bylaws.

    • A quorum is required for any business by the Board and an official vote is recorded for any action.

    • Accessibility of published agendas and minutes keep the public informed of Board activities. Board of Regents and Board of Supervisors meeting agendas and minutes are published and available to the general public on their respective websites.

    • Board chairs are elected by members, and no member of the Board may hold a Board office for any more than two consecutive one-year terms.

    • The Board of Supervisors’ Policy and Procedures Memorandum specifies that all Board members must undergo orientation and continuing professional development. Policy and Procedures Memorandum also specifies that the orientation include a review of state ethics. (Section VIII)

    • Board members are mandated by the Louisiana Code of Governmental ethics to perform their duties impartially and independently.

That decision and policy-making responsibilities lie in the hands of these two Boards ensures that the University is protected from any undue influence from political, religious, or other external bodies.

Supporting Evidence

RS 17:3217 University of Louisiana System

Article VIII Education

University of Louisiana System

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 Supervisors Meetings

Minutes from Board of Regents

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

Louisiana Code of Governmental Ethics

Acts 1979, No. 443,§1, effective April 1, 1980. §1101. The Declaration of Policy addresses the conflict of interest policy. Further sections stipulates specific definitions and ethical standards for public servants.

University of Louisiana System Bylaws

Board of Supervisor’s Policy Number: B-VIII.-1 Orientation For New Board Members And Board Member Professional Developement

Board of Regents 2006 Notice of Meetings

Expiration of term - Board of Regents

Board of Regents Minute Archive

Louisiana Revised Statute 42:4.1: Open Meetings Law