Part 3 - Core Requirements
  

2.2  

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. Both the presiding officer of the board and a majority of other voting members of the board are free of any 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 on which both the presiding officer and a majority of the other members are neither civilian employees of the military nor 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. Both the presiding officer of the board and a majority of other voting board members are free of any contractual, employment, or personal or familial financial interest in the institution. (Governing Board)

Compliance
Partial Compliance
Non-Compliance

Narrative

The University of New Orleans (UNO) is one of nine universities governed by the University of Louisiana System Board of Supervisors.

Table 1 identifies the key duties for the Board and provides documentation of Board action related to the specific duty.

Table 1: Key Duties of Board of Supervisors 

University of Louisiana System Board of Supervisors Minutes
Oversee the operations of the nine institutions under its jurisdiction
Key duties:  
Supervise and manage institutions October 22, 2013 [Page: 5]
Award certificates, confer degrees, and issue diplomas April 25, 2014 [Page: 3]
Receive and expend appropriated funds, according to the Master Plan April 25, 2014 [Page: 4]
Determine student fees December 6, 2013 [Page: 6]
Purchase land and acquire buildings, subject to approval of the Board of Regents August 20, 2013 [Page: 10]
Employ and approve employment, fix salaries, duties and functions of personnel June 25, 2013 [Page: 14]
Oversee financial operations of institutions August 20, 2013 [Page: 7]
Hire institution Presidents December 9, 2011 [Page: 4]
Fulfill all duties and responsibilities not specifically vested in the Board of Regents December 6, 2013 [Page: 3]

 

The Legal Governing Body has at Least Five Members

The legal authority of the University of Louisiana System Board of Supervisors is found in Article VIII, Section 6 of the Article [Page: 3]  of the Louisiana Constitution.

Under the provisions of the law, the University of Louisiana Board of Supervisors is composed of 16 members, all of whom except the student member, being chosen using the same procedure. Membership of each board includes three types of members as shown in Table 2:

 

Table 2: Selection of Board Members

Type of Member

Appointment

Term

Two members from each of the State’s 7 congressional districts

Appointed by Governor

Overlapping terms of 6 years

One at-large member

Appointed by Governor

Overlapping terms of 6 years

One student member (must be a full-time student at the university in which he/she is enrolled

Elected by and from the membership of a council of student body presidents of the universities in the system

One year

 

Information about current board members may be found on the University of Louisiana System website. The SACSCOC template for Core Requirement 2.2 Information on Board Members provides key information for each member.

The Board is not Controlled by a Minority or by Interests Separate from it

The University of Louisiana Board of Supervisors is not controlled by a minority of board members or by organizations or interests separate from it. As described above, the appointment process helps ensure the Board's independence from outside influence and pressure. The stipulation that members be appointed from each congressional district of Louisiana ensures a distribution of authority and representation. Board members serve six-year, staggered terms which mitigates against undue influence on Board composition by any one governor, since gubernatorial terms are four years. The student member on the Board has all the privileges and rights of other Board members, serves a term no longer than one year, and is not eligible to succeed him or herself.

The State of Louisiana has enacted an “open meetings law” which further protects the Board's decision-making process from minority rule or external influence. In part, the law states that, with specific exceptions, all meetings of public bodies shall be open to the public, the written proceedings of the meetings are public documents, and appropriate notice and opportunity for public comment shall be given. The bylaws of the University of Louisiana System demonstrate the application of this law. Bylaw section III Meetings includes a requirement of quorum for business to be conducted. A majority of voting members, nine (9), shall constitute a quorum for the transaction of business at any regular meeting.

All regular meetings of the Board shall be open to the public except when otherwise voted for the consideration of executive matters. No final or binding action shall be taken in a closed or executive session.

At least ten days prior to each regular meeting, the System President shall prepare and forward to each member a tentative agenda for the meeting. The System President shall place on the agenda any item requested by a Board member when submitted prior to agenda deadline with the approval of the Chair. Any item may be acted on even though not listed on the published agenda with approval of two-thirds (2/3) of the members present.

In accordance with the provisions of L.R.S. 42.5.D [Page: 5] ., the Board of Supervisors for the University of Louisiana System provides an opportunity for public comment during public sessions of the Board and its committees.

Additional evidence of safeguards to prevent control by minority groups or interests separate from it is found in the publication of meeting minutes on the University of Louisiana System website.

The Board is an Active Policy-Making Body with the Responsibility of Ensuring Adequate Financial Resources

The University of Louisiana Board of Supervisors is an active body that holds regular (bi-monthly) meetings and special meetings as indicated by the minutes posted on the UL System website.

As noted in Table 1 the University of Louisiana Board of Supervisors has responsibilities related to institutional budgeting. The University of Louisiana System distributes funds to its member institutions which include the University of New Orleans and ensures that these funds are spent in support of quality educational programs.

In accordance with Louisiana Revised Statute 17.3351, the University of Louisiana System’s By-laws section on duties, power, and functions includes the following enumerated items related to overseeing the financial operation of the institution:

 1. 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;

 2. 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;

 3. 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;

 4. Borrow monies 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;

 5. 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;

 6. Purchase land and purchase or construct buildings necessary for the use of its institutions in accordance with applicable laws;

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

 8. Lease land or other property belonging to it or to any of the institutions within its System in accordance with law’

 9. Sell or exchange land or other property not needed for institutional purposes in accordance with law;

10. 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.

The Finance Committee of the University of Louisiana System is primarily responsible for the implementation of financial policies. The work of the Finance Committee of the University of Louisiana Board of Supervisors is documented in the minutes of each Board of Supervisors meeting. The following excerpt from the minutes of the August 20, 2013 meeting exemplifies the University of Louisiana Board of Supervisors’ execution of its financial management responsibilities.

Finance Committee

Upon motion of Mr. Coudrain, seconded by Dr. Faircloth, the Board voted unanimously to approve the adoption of the following resolution.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the University of Louisiana System hereby approves Fiscal Year 2013-14 Operating Budgets, including organizational charts, undergraduate/graduate mandatory attendance fees, scholarships, and System Shared Costs.

Both the Presiding Officer of the Board and a Majority of other Voting Members of the Board are free of any Contractual, Employment, or Personal or Familial Financial Interest in the Institution.

Louisiana law contains statutes that make it illegal for members of the University of Louisiana Board of Supervisors to have conflicts of interests with the governing boards, or its member institutions. Prior to appointment Board members must submit financial disclosure statements. These statements are provided below for each current member.

(Coudrain, Hebert, Martin, Crawford, Condos, Faircloth, Guidry, LeTard, Long, Parker, Romero, Shetler, Shreve, Sibille, Solomon)

 

Title 42 Public Officers and Employees, Chapter 15 Code of Governmental Ethics states:

It is essential to the proper operation of democratic government that elected officials and public employees be independent and impartial, that governmental decisions and policy be made in the proper channel of the governmental structure, that public office and employment not be used for private gain other than the remuneration provided by law, and that there be public confidence in the integrity of government,

Other provisions of the Ethics law specifically prevent Board members from participating in transactions including contractual arrangements.

Item C of Section 42:112 Participation in certain transactions involving the governmental entity states:

No appointed member of any board or commission, except as otherwise provided in R.S. 42:1120.1 or 42:1120.4, shall participate or be interested in any transaction involving the agency when a violation of this Part would result.

Item B of Section 42:1113 Prohibited contractual arrangements states:

Other than a legislator, no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.

Moreover, Louisiana is an “open meetings” state by law and all minutes of meetings of the University of Louisiana System Board of Supervisors are open to the public and minutes of all meetings are posted to the website.

The response for Comprehensive Standard 3.2.3 provides a more detailed discussion of the policies and by-laws related to conflict of interest. Also, the response for Comprehensive Standard 3.2.4 discusses external influences on the board.

Supporting Documents

Document Description
Document IconAndre_CoudrainFinancial Disclosure for Andre Coudrain
Document IconArticle_VIII_6UL System Authority
Document IconByLaws_and_L.R.S.42.5DUL System public comments policy
Document IconCarl_ShetlerFinancial Disclosure for Carl Shetler
Document IconD_Wayne_ParkerFinancial Disclosure for D. Wayne Parker
Document IconDavid_GuidryFinancial Disclosure for David Guidry
Document IconDr._Kelly_FairclothFinancial Disclosure for Dr. Kelly Faircloth
Document IconE_Gerald_HebertFinancial Disclosure for E. Gerald Hebert
Document IconEdward_J_Crawford_IIIFinancial Disclosure for Edward J. Crawford, III
Document IconGary_Solomon_SrFinancial Disclosure for Gary Solomon, Sr.
Document IconJimmie_B_MartinFinancial Disclosure for Jimmie B. Martin
Document IconJimmy_D_Long_SrFinancial Disclosure for Jimmy D. Long, Sr.
Document IconJohn_CondosFinancial Disclosure for John Condos
Document IconJohn_O_LeTardFinancial Disclosure for John O. LeTard
Document IconLA_Open_Meetings_LawLouisiana Open Meetings Law
Document IconLA_RS_17_3351Powers and duties of Management Boards
Document IconMark_RomeroFinancial Disclosure for Mark Romero
Document IconRobert_ShreveFinancial Disclosure for Robert Shreve
Document IconSACSCOC_Template_for_Core_Requirement_2.2SACSCOC Template
Document IconSection_42_1112_Item_CParticipation in certain transactions
Document IconSection_42_1113_Item_BProhibited contractual arrangements
Document IconTitle_42_Code_of_Ethics_Chap_15Louisiana Code of Governmental Ethics
Document IconUL System_website_minutesUL System minutes are housed by meeting date
Document IconUL_System_Bylaws_Section_III_Meetings_12_3_2012University of Louisiana System Board of Supervisors Quorum Definition
Document IconUL_System_minutes_08_20_2013Example of UL System executing financial management
Document IconULS BylawsUL System duties, powers, and functions bylaw
Document IconULS_Board_MembersUL System Board of Supervisors members
Document IconULSYSTEM_MINUTE_10_22_2014University of Louisiana System Board of Supervisors Minute (10/22/2014) Documenting Board Authority to Supervise & Manage Institutions by Revising Degree Requirements
Document IconULSYSTEM_MINUTE_12_6_13University of Louisiana System Board of Supervisors Minutes (12/06/2013) Documenting Board Authority to Determine Student Fees
Document IconULSYSTEM_MINUTE_12_6_13(2)University of Louisiana System Board of Supervisors Minutes (12/09/2011) Documenting Board Authority for Duties & Responsibilities Not Specifically Vested in the Board of Regents
Document IconULSYSTEM_MINUTE_12_9_2011University of Louisiana System Board of Supervisors Minutes (12/09/2011) Documenting Board Authority to Hire Institutions' Presidents
Document IconULSYSTEM_MINUTE_4_25_14University of Louisiana System Board of Supervisors Minutes (04/25/2014) Documenting Board Authority to Award Certificates, Confer Degrees and Issue Diplomas
Document IconULSYSTEM_MINUTE_4_25_14(2)University of Louisiana System Board of Supervisors Minutes (04/25/2014) Documenting Board Authority on Financial Matters
Document IconULSYSTEM_MINUTE_6_25_2013University of Louisiana System Board of Supervisors Minutes (06/25/2013) Documenting Board Authority on Personnel Appointments
Document IconULSYSTEM_MINUTE_8_20_2013University of Louisiana System Board of Supervisors Minutes (08/20/2013) Documenting Board Authority Over University Lang and Buildings
Document IconULSYSTEM_MINUTE_8_20_2013(2)University of Louisiana System Board of Supervisors Minutes (08/20/2013) Documenting Board Authority on Financial Operations of Institutions
Document IconWinfred_SibilleFinancial Disclosure for Winfred Sibille