Motion: 2001-Feb-#03
Topic: Request membership for Assembly Chair on Board of Governors
Proposed by: Governance Committee
Disposition: Adopted  2/16/01

WHEREAS, the magnitude and rate of change that we will experience on our campuses will continue to increase and it is imperative that policy makers understand the impact of policies at the campus level, and 
WHEREAS
, the faculty voice, currently not officially heard by the Board of Governors, is one of the several critically important perspectives in the matters of the University, and 
WHEREAS
, it is important that policy considerations of the Board of Governors be informed by someone who is intimately familiar with the possible impact of said policies at the campus level, and 
WHEREAS
, General Statute 116.7, “General provisions concerning members of the Board of Governors,” (b) states in part “From and after July 1, 1973, no member of the General Assembly or officer or employee of the state or of any constituent institution or spouse of any such member, officer or employee may be a member of the Board of Governor.” and 
WHEREAS
, General Statute 116-6.1 “Student member of the Board of Governors,” states (a) “…the person serving as president of the University of North Carolina Association of Student Governments of his designee shall serve ex officio as a member of the Board of Governors.  This student shall be in addition to the 32 members elected to the Board of Governors,” (b) “The student member shall have all right and privileges of membership except that he shall not have a vote.” and 

THEREFORE, BE IT RESOLVED:

That President Broad, through the Board of Governors, request that the General Assembly take legislative action that enables the Chair of the Faculty Assembly of the University of North Carolina to become an ex-officio, non-voting member of the Board of Governors.


President Broad responded as following to the motion on April 17, 2002:

On September 21, 2001, I reported to the Faculty Assembly that membership on the Board of Governors is defined by state statute, as reflected in Section 100.1 of the UNC Policy Manual. The statute states that “no employee of the state . . . may be a member of the Board of Governors.” Leslie Winner, General Counsel, has advised me that the statute does not prohibit non-voting ex officio members should the Board of Governors approve such members.

We are pleased to have the chair of the Assembly attend meetings of Board committees and the Board of Governors. In addition, I have suggested an “end-of-year wrap up” discussion of the Executive Committee with the Cabinet and me to identify issues to be raised with the Board of Governors and Boards of Trustees. A meeting is scheduled for April 19, 2002, to discuss such issues.


On Feb. 21, 2002, Chair Veit wrote a letter to the Board of Governors requesting the revision to the Code that appears below. The BOG Governance Committee declined to act on the proposal at its April 2002 meeting.

[See http://www.northcarolina.edu/docs/bog/code/CHAP_II.pdf.]

CHAPTER II - THE BOARD OF GOVERNORS

 SECTION 200.  MEMBERSHIP

200 D.    Board Associates

For all purposes of this Code, the following shall be designated as Board associates.

(1)    Associate Ex-Officio

        Commencing July 1, 2002, the person serving as chair of the University of North Carolina Faculty Assembly or designee shall serve ex-officio as a Board associate.

        Board associates shall not be members of the Board of Governors, but they shall have the same rights and privileges as members, except that they shall not have a vote. In determining a quorum or the number of votes required in special circumstances, Board associates shall not be counted. Board associates may serve, by appointment from the chairman of the board, on any standing or special committee but shall not have a vote or be counted in determining the presence of a quorum.


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