200.6
Adopted
11/13/06
Amended
06/08/07
Amended
04/08/11
Amended
08/10/12
Amended
10/11/12
Amended
07/29/16
Amended
10/14/16
Amended
05/22/19
Amended
11/19/20
Amended
05/27/21
Technical
Corrections 09/22/21
Technical
Correction 01/13/22
Amended
04/07/22
Amended
11/17/22
I. Pursuant to N.C.G.S. § 116-11(13)
(G.S.), and other North Carolina law as referenced herein, and notwithstanding The
Code or any other Board of Governors policy,[i] the
Board of Governors delegates the following authorities to the president of the
University of North Carolina (UNC) System:
A. Human Resources
1. Authority to establish and administer a human resources
program for employees exempt from the North Carolina Human Resources Act.[ii]
a. “Human resources program” shall include such personnel
actions related to the establishment of positions and the administration of
salary ranges; recruitment, appointments, salaries, base-salary adjustments,
and temporary salary adjustments; promotion and tenure; leave programs; performance
management; non-faculty discontinuation, discipline, and discharge; and
non-faculty grievance and appeals processes.[iii]
b.
The president may
approve management flexibility plans for special responsibility constituent
institutions and may delegate limited authority for human resources actions to
constituent institutions that are not authorized as special responsibility
constituent institutions.[iv]
c. Notwithstanding the above provisions, unless otherwise
delegated:
(1) The Board of Governors shall retain authority over the
appointments, compensation, and salary adjustments for: the president; the
chancellors of the constituent institutions, except as provided in paragraph F.
of this policy; the chief executive officer of the UNC Health Care System; and
the chief executive officer of the UNC Center for Public Media.[v]
(2) The
Board of Governors shall retain authority over certain contract terms for athletic
directors and head coaches of the constituent institutions.[vi]
(3) The Board of Governors shall retain authority over
non-promotional[vii]
salary increases for Tier I Senior Academic and Administrative Officers of the
constituent institutions that both exceed 10 percent of the June 30 base salary
as of the most recent fiscal year and exceed the 75th percentile of
the applicable salary range.
(4) The
president shall consult with the Board’s Committee on University Personnel on
appointments, compensation, and salary adjustments for the senior officers of
the UNC System Office who report directly to the president.
(5) The
president shall consult with the chair of the Committee on University Personnel and may then
approve an emergency retention salary
increase for a Tier I Senior Academic and Administrative Officer of the
constituent institutions in lieu of any required pre-approval by the Committee
as set forth in section I.A.1.C. of this policy when necessary to avoid loss of
any key senior officer to an external offer of employment. The details of such
an action shall be reported to the committee at its next regularly scheduled
meeting.
d. Based on demonstrated institutional need and research
activity, the president may authorize constituent institutions with special
authority to directly create and/or modify EHRA non-faculty instructional,
research, and information technology (IRIT) positions in accordance with UNC
System Office classification procedures and guidelines. All such positions must
fall within salary ranges established by the UNC System Office.
e. All
other
approvals for human resources actions are delegated to the President, who may
further delegate actions to the boards of trustees for the constituent
institutions or the boards of trustees may further delegate such actions to the
chancellors as provided in Section 600.3.4 of the UNC Policy Manual.
2. Authority to approve all actions
relating to the administration of the Optional Retirement Program[viii]
and the Phased Retirement Program.[ix]
3. The president shall report in
writing on actions taken under the authority of these delegations to the
appropriate committee of the Board of Governors no less than annually, or as
otherwise requested by the chair of the Board of Governors or the chair of the
Committee on University Personnel.
B. Governance
1. The authority to approve the initiation of a lawsuit in the name of the
University if the action is for monetary relief and the amount in controversy
is less than $250,000.[x]
2. The authority to settle potential or
pending litigation by or against a constituent institution or the University of
North Carolina System, if the settlement is solely for monetary relief and the
amount the University is to pay pursuant to the settlement is less than
$250,000 or, if the University is to receive a payment, the amount the
University claimed is less than $250,000.[xi]
3. Authority to approve the political
activities of employees of the UNC System who are candidates for or serving in
public office.[xii]
C. Reports. The authority to approve
and submit any report the UNC System or the Board of Governors is required to
submit to the General Assembly, the State Board of Education, or any other
state or federal agency or officer.
D. Real
Property and Capital Improvement Projects
1. The
power to authorize acquisition or disposition of the following interests in
real property without obtaining approval of the Board of Governors, subject to
any necessary approvals from state officials and agencies:
a. Any interest in real
property, other than a leasehold, with a value less than $750,000; and
b.
A leasehold interest in real property with annual value less
than $750,000 and a term of not more than 10 years.
The president’s authority may be
exercised on behalf of the UNC System Office, affiliated entities, or the
constituent institutions in the president’s discretion.[xiii]
2. Authority to approve capital
improvement projects funded entirely with non-General Fund or non-State Capital
and Infrastructure Fund money[xiv]
that are projected to cost less than $750,000.[xv]
3. Authority to approve advance
planning of capital improvement projects, where the advance planning effort is
to be funded entirely with non-General Fund or non-State Capital and
Infrastructure Fund money.
4. Authority to administer and execute
design and construction contracts for capital improvement projects, requiring
the estimated expenditure of public money of $4,000,000 or less. This authority
may be exercised on behalf of the UNC System Office, affiliates, or the
constituent institutions at the president’s discretion.[xvi]
5. Authority to approve an increase of
up to 10 percent of the cumulative value of an originally-awarded
construction contract for a System Office, affiliate, or constituent
institution capital improvement project previously authorized by the Board of
Governors.[xvii]
6. After the long-term financing of a
capital improvement project has been approved in accordance with statutory
requirements, the president may approve interim financing or bank loans as a
means of short-term financing. The president
shall report any such actions to the Committee on Budget and Finance at its
next meeting.[xviii]
E. Institutional Trust Funds. Authority to delegate to the chancellors management of institutional trust funds.[xix]
F. Chancellors’ Incentive Compensation
Program
1. Authority to establish and implement
an incentive compensation program to provide the president an opportunity to
award performance-based compensation to the chancellors.
2. Authority to grant performance-based
compensation awards to the chancellors as provided under the incentive
compensation program. Awards granted under this authority shall be one-time
payments per year, cannot exceed 20 percent of the chancellor’s base salary,
and are the responsibility of the constituent institution to fund.
3. Authority to modify the incentive
compensation program as necessary to maintain alignment between performance
goals established by the Board of Governors for the president and those
established by the president for the chancellors.
II. The
president will report all actions taken under the authority of the delegations
in sections I.B., through I.F., above, to the appropriate committee of the
Board of Governors either in writing before the next regular meeting of the
Board of Governors or at the next regular meeting of the Board of Governors.
III. These
delegations will remain in effect unless and until the Board of Governors
rescinds them in whole or in part.
IV. Other
Matters
A.
Effective
Date. The requirements of this policy shall be effective on the date of adoption
of this policy by the Board of Governors.
B. Relation
to State Laws. The foregoing policy as adopted by the Board of Governors
is meant to supplement, and does not purport to supplant or modify, those
statutory enactments which may govern or relate to the subject matter of this
policy.
C. Regulations
and Guidelines. This policy shall be implemented and applied in
accordance with such regulations and guidelines as may be adopted from time to
time by the president.
[i]The
secretary of the University is authorized to annotate the referenced policies
and regulations to cross-reference these delegations.
[ii]G.S., Chapter
126.
[iii]Sections
300.1.1, 300.1.2, and 300.2 of the UNC Policy Manual.
[iv]Section
600.3.4 of the UNC Policy Manual.
[v]Section 500
of The Code; Sections 300.1.1 and 1200.1 of the UNC Policy Manual; and
G.S. 116-37(c) and 37.1(c). The use of “UNC Center for Public Media” in the statute refers to
PBS North Carolina.
[vi]Section
1100.3 of the UNC Policy Manual.
[vii]For the
purposes of
this policy, the term “non-promotional” means salary actions that do not relate
to assuming an entirely new position but rather adjusting the salary of the
existing position for reasons such as labor market, equity, retention, additional
duties, reclassification, and other permitted miscellaneous reasons.
[viii]G.S.135-5.1
[ix]Section
300.7.2 of the UNC Policy Manual.
[x]Section 200.5
of the UNC Policy Manual.
[xi]Section 200.5
of the UNC Policy Manual.
[xii] Sections
300.5.1 and 300.5.2 of the UNC Policy Manual.
[xiii]The
Board of Governors may delegate additional authority to the president or boards
of trustees for real property transactions consistent with Sections 600.1.3 and
600.1.3[R] of the UNC Policy Manual.
[xiv]This
delegation shall be interpreted consistent with G.S. 143C-8-12.
[xv]The
Board of Governors may delegate additional authority to the president or boards
of trustees for approval of capital improvement projects consistent with
Section 600.1.1 of the UNC Policy Manual.
[xvi] Section
600.1.1 of the UNC Policy Manual. This delegation shall be interpreted
consistent with G.S. 116-31.11. This delegation may be further delegated.
[xvii] Section
600.1.1 of the UNC Policy Manual
[xviii] Section
600.1.1 of the UNC Policy Manual
[xix]Sections
600.2.4 and 600.2.4.1 of the UNC Policy Manual.