The
UNC Policy Manual
600.3.4
Adopted 01/11/02
Amended 07/12/02
Amended 01/09/04
Amended 02/11/05
Amended 07/01/07
Amended 07/29/16
Amended 03/23/18
Technical Corrections 09/22/21
Amended 04/07/22
I. Purpose
A. Pursuant to N.C.G.S. 116-11(13)
(G.S.), and other North Carolina law as referenced herein, and in an effort to
enhance the administrative efficiency of the University, the Board of Governors
has delegated to the president the authority to establish a human resources
program and to approve management flexibility plans at constituent institutions
for faculty and EHRA non-faculty (those employees exempt from various
provisions within Chapter 126 of the North Carolina General Statutes).[1]
B. In accordance with this authority,
the president may further delegate authority for approving human resources
matters. Section II of this policy describes authorities that may be delegated
by the president for human resources actions to the boards of trustees of all
the constituent institutions. Section III delineates such delegations that are
reserved solely for institutions with management flexibility (special
responsibility constituent institutions as per UNC Policy Manual 600.3.1).
C. The authority granted by the Board
of Governors through the president is subject to The Code of the
University of North Carolina (The Code), policies of the Board of
Governors, and all applicable federal and state laws, policies, regulations,
and rules.[2] Along
with any other rules and regulations the Board of Governors and/or the
president adopt, this policy requires each constituent institution to comply
with all rules and regulations concerning equal employment opportunity; to act
in recognition of funding availability and constraints within each
institution’s budget; and to take into account the actions of the Governor, the
Office of State Budget and Management, and the North Carolina General Assembly.
II. Authority
Delegated to All Constituent Institutions (With or Without Management
Flexibility)
A. The president delegates to the boards
of trustees for all constituent institutions the authority to execute the
following personnel actions for EHRA employees:
1. Permanent and temporary appointments[3]
within the salary ranges established by the UNC System Office, excluding Tier I
Senior Academic and Administrative Officers (Tier I SAAOs).
2. Permanent non-promotional[4]
salary adjustments within the salary ranges established by the UNC System
Office for all EHRA non-faculty employees excluding Tier I and Tier II SAAOs
and head coaches, associate coaches, and assistant coaches for which
delegations are otherwise specified herein.
3. Permanent non-promotional salary
adjustments within the salary ranges established by the UNC System Office for
Tier II SAAOs up to a new base salary of $125,000 and that do not exceed 10
percent of the June 30 base salary as of the most recent fiscal year or that do
not exceed the 75th percentile of the salary range regardless of
amount of increase.
4. Non-promotional salary increases for
head coaches, associate coaches, and assistant coaches that do not exceed 25
percent of the June 30 base salary as of the most recent fiscal year and do not
exceed $25,000.
5. Temporary salary actions for the
duration of an appointment as an academic department chair or academic
department head not greater than $50,000 annually above the total compensation
in effect at the end of the last fiscal year. For clinical department chair,
clinical department head, or clinical division head appointments within a
School of Medicine or Dentistry, this delegated authority is not greater than
$75,000 annually for the duration of such appointment.
6. All other temporary salary
adjustments related to interim, acting, or other time-limited assignments or
appointments with a duration of up to 36 months or up to $50,000
annually above the base salary in effect at the end of the last fiscal year,
excluding such actions for Tier I SAAOs. This delegated authority does not
permit exceeding the relevant salary range established by the UNC System Office
for the position in which an individual is serving in an interim or acting
capacity.
7. Faculty rank promotions but
excluding conferral of tenure. All such faculty rank promotions must fall
within the established salary range for the role.
B. The president further authorizes the
boards of trustees for the constituent institutions to delegate any of these
actions to their chancellors, or to specific designees of the chancellor by
title, as they deem appropriate, excluding actions for Tier I SAAOs.
C. Notwithstanding the provisions in
sections II.A. and II.B., the president may modify, suspend, or limit one or
more of the aforementioned delegations of authority at the president’s
discretion by administrative memorandum or duly authorized regulation.
III. Delegation
of Authority to Boards of Trustees of Institutions with Management Flexibility
A. Simultaneous with the president’s
authorization of an institution’s management flexibility plan, the board of trustees
of that institution is delegated the authority to execute the following additional
personnel actions in addition to those enumerated in section II.A. of this
policy, which it shall not delegate further unless the president or the Board
of Governors shall permit:[5]
1. Upon recommendation of the
chancellor, all permanent and temporary appointments and non-salary
compensation[6] for all Tier
I SAAOs, with the exclusion of the chancellor, within the salary ranges
established by the UNC System Office.
2. Upon recommendation of the
chancellor, and consistent with the approved tenure policies and regulations of
each institution, confer permanent tenure.
3. Upon recommendation of the
chancellor, all permanent non-promotional salary adjustments for Tier I SAAOs
within the salary ranges established by the UNC System Office that do not
exceed either 10 percent of the June 30 base salary as of the most recent
fiscal year or that do not exceed the 75th percentile of the salary
range regardless of amount of increase. Any Tier I SAAO actions
transmitted for approval by the president and/or Board of Governors must
receive prior formal endorsement by the institution’s board of trustees.
B. Simultaneous with the president’s
authorization of an institution’s management flexibility plan, the board of
trustees of that institution is also delegated the authority for the following
personnel actions, which it may further delegate to the chancellor and may
authorize the chancellor to further delegate to specific designees of the
chancellor by title, as they deem appropriate.[7]
1. Appoint and fix the compensation for
faculty awarded the designation of Distinguished Professors.
2. When authorized by the president or the
president’s designee, establish faculty salary ranges within different academic
disciplines, based on relevant market data. These salary ranges shall be
subject to review and approval by the UNC System Office upon request. Absent
such an authorization by the president, the constituent institutions shall
utilize faculty salary ranges established by the UNC System Office.
C. Notwithstanding the provisions in sections III.A. and III.B., the president
may modify, suspend, or limit one or more of the aforementioned delegations of
authority at his or her discretion by administrative memorandum or duly
authorized regulation.
IV. Responsibility of the Board of
Governors and the President
A. The
Board of Governors:
1. Shall issue a resolution each year
that interprets legislative action regarding University employee salaries or
delegates such authority by resolution as it deems appropriate to the
president.
2. Shall set every other year, or more
frequently as it shall decide, the salary range for the president and, in
consultation with the president, the salary ranges for the chancellors. These
ranges will be based upon relevant available market data.
3. Shall authorize the president’s
salary and, based on recommendations from the president, the chancellors’
salaries.
4. Shall authorize appointments and
employment contracts for the chancellors, the president, the chief executive
officer of the UNC Center for Public Media[8],
and the chief executive officer of the UNC Health Care System as well as
authorize certain contract terms and conditions for athletic directors and head
coaches at constituent institutions as defined in Section 1100.3 of the UNC
Policy Manual.
5. May authorize permanent salary
adjustments for the president and chancellors, regardless of amount. The
president will continue to consult with the Board on salary adjustments for the
president’s senior team.
6. May authorize all non-promotional
salary increases for head coaches, associate coaches, and assistant coaches
that exceed 25 percent of the base salary in effect at the end of the last
fiscal year and exceed $25,000.
7. May authorize all other salary actions
for Tier I SAAOs that are not otherwise delegated to the boards of trustees of
the constituent institutions or to the president.
B. The
president or president’s designees:
1. Will review and approve the
establishment of all SAAO positions and their salary ranges, with the exclusion
of those defined in IV.A., above. In
addition, the president will consult with the Board’s Committee on University Personnel
for appointments and compensation for senior officers who report directly to
the president and may approve emergency retention salary adjustments for Tier I
SAAOs of the constituent institutions and of the UNC System Office in
consultation with the chair of the committee. Any such emergency retention
salary adjustments will be reported to the Committee on University Personnel at
its next scheduled meeting.
2. May authorize any significant
changes in the organizational structure of a constituent institution, such as
re-organization resulting in the creation of a new vice chancellor, dean, or
equivalent administrative position.
3. Will review annually the faculty salaries
set by the medical schools at the University of North Carolina at Chapel Hill
and East Carolina University to ensure that the salaries are coordinated and
are consistent with relevant data in a national medical labor market.
4. Will provide at least annually to
the constituent institutions guidelines regarding EHRA appointments and salary
actions.
5. Will provide faculty salary ranges by
rank and discipline to the constituent institutions for their use unless an
institution is authorized by the president or president’s designee to develop
such ranges independently subject to UNC System Office review.
6. May withdraw or further limit the
delegation of management flexibility from any institution that does not adhere
to the policies and procedures set forth in this policy. The president will
notify the institution of the discrepancies, and if these are not adequately
addressed in the judgment of the president, then the president shall withdraw
the delegation. The president may reinstate delegation or remove restrictions
to a constituent institution upon further review and following the requirements
established in section V., of this policy.
7. Will establish classification categories
and salary ranges for EHRA IRIT positions.
8. May approve temporary salary
adjustments for EHRA employees that exceed the authority granted to constituent
institution boards of trustees and not otherwise retained by the Board of
Governors.
9. May authorize Tier I SAAO
non-promotional salary increases for institutions with management flexibility that
exceed 10 percent of the June 30 base salary as of the most recent fiscal year or the 75th
percentile of the salary range regardless of amount of increase. Any
Tier I SAAO actions transmitted for approval by the president must receive
prior formal endorsement by the institution’s board of trustees.
10. May authorize Tier I SAAO
non-promotional salary increases for institutions without management
flexibility that do not exceed 10 percent of the base salary in effect at the
end of the last fiscal year and the 75th percentile of the salary range.
Any Tier I SAAO actions transmitted for approval by the president
must receive prior formal endorsement by the institution’s board of trustees.
11. May authorize all Tier II SAAO
non-promotional salary increases not otherwise delegated to the boards of
trustees of the constituent institutions.
C. The Board of Governors and/or the president
shall:
1. Conduct performance audits on
policies, practices, and other matters related to delegation of management
flexibility.
2. For institutions without management
flexibility, the president and the Board of Governors shall have the same responsibilities
and authority as set forth in Section 300.6.1 of the UNC Policy Manual, Policy
on Selection Criteria and Operating Guidelines for Special Responsibility
Constituent Institutions.[9]
V. Submitting
Institutional Plans for Management Flexibility for Personnel Appointments. The
president has the authority to approve institutional management flexibility
plans for personnel appointments. Upon approval, the board of trustees of a special
responsibility constituent institution[10]
shall have the authority delegated by this policy. An institutional plan shall
include the following:
A. Policies and procedures for
promotion and tenure of faculty.
1. An institutional policy for
promotion and tenure[11]
that complies with The Code of
the University of North Carolina System, complies with current federal and
state law, and provides clear requirements for promotion and the conferral of
permanent tenure.
2. A schedule and process for periodic
review of promotion and tenure policies, including a process for amending
promotion and tenure policies subject to review by the president or president’s
designee.
B. Policies and procedures for salary
administration and recruitment and selection of senior academic and
administrative officers (SAAO) and EHRA non-faculty.
C. Policies and procedures for
compensation policies for faculty and EHRA non-faculty.
1. An institutional policy on
non-salary compensation of faculty and EHRA non-faculty, and on compensation
from non-state sources such as grants, endowment funds, practice plan funds,
etc.
2. Documentation of comprehensive
salary studies that establish salary ranges for tenured faculty within
different disciplines based on relevant market data in the event the
constituent institution is delegated authority to establish such ranges by the
UNC System Office.[12]
3. Documentation of EHRA salary-setting
guidelines provided to institutional management.
D. Policies and procedures for audits
and accountability.
1. Documentation that the institution
has not had audit findings related to personnel practices, salary, or payroll
for the previous three years or, if there have been audit findings in this
period, documentation supporting that any findings have been remedied.
2. Documentation of appropriate accountability
procedures if the board of trustees delegates the authority granted pursuant to
this policy to the chancellor.
VI. Implementation
of the Delegated Authority under Management Flexibility. The president shall
determine the effective date of the delegation authorized by this policy upon
approval of the institution’s management flexibility plan.
VII. 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.
[1]Section 200.6 of the UNC Policy Manual.
[2]See Section 200.6 of the UNC Policy Manual
for limitations on the president’s delegated authority.
[3]For the
purpose of this policy, the term “appoint” means the initial appointment,
reappointment, or an appointment that constitutes a formal promotion.
[4]For the
purpose 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.
[5]The
delegation authorized by this policy is in addition to the delegation by the
Board of Governors to the boards of trustees contained in the Appendix 1 to The Code.
[6]Throughout
this policy, all actions of a board of trustees of a special responsibility constituent
institution to “fix the compensation” of employees are subject to the
limitations contained in sections II and III of this policy; the policies of
the Board of Governors; guidelines and regulations established by the
president; and institutional plans, policies, and procedures.
[7]The
chancellor may delegate authority only to the executive vice chancellor,
provost, chief financial officer/chief business officer, and/or chief human
resources officer, or any other director-level or senior officer with
responsibility for campus-wide EHRA human resources actions.
[8]Use of “UNC Center for Public Media” in statute refers to PBS North Carolina.
[9]See
in particular Section 600.3.1.A.2.
[10]In order for
an institution to have management flexibility for personnel appointments, the
institution must be designated and maintain the status of a special responsibility
constituent institution.
[11]As applied to
the North Carolina School of the Arts and the North Carolina School of Science
and Mathematics, the terms “tenure policy” or “policy for promotion and
tenure,” as used herein, refer to the institution’s policy governing the
appointment of faculty.
[12]When
used in this policy, the phrase “relevant data” indicates that the institution
shall draw comparisons to peer institutions as approved by the Board of
Governors. Data from peer institutions will be used when available except in
instances in which a campus can demonstrate legitimate labor market differences
that justify the use of a supplemental or alternative set of peer institutions.