I.
REFERENCES
By-Laws and Standing Orders of The
Regents of the University of California
II.
RELATED POLICIES
A. University of
California Academic Personnel Manual (APM)
B. UCSD Policy and Procedure Manual (PPM)
C. 20-3 Coordination of Regents' Agenda
Items
III.
COMPOSITION AND POWERS
The Regents
of the University of California constitute a public corporation. The form and
composition of this corporation, its duties, and its powers are prescribed by
the provisions of Section 9 of Article IX
of the Constitution of the State of California, as
follows:
"(a)
The University of California shall constitute a public trust to be administered
by the existing corporation known as "The Regents of the University of
California," with full powers of organization and government, subject only
to such legislative control as may be necessary to the security of its funds
and insure compliance with the terms of the endowments of the University and
such competitive bidding procedures as may be made for the letting of
construction contracts, sales of real property, and purchasing of materials,
goods and services. Said corporation shall be in form of a board composed of
seven ex-officio members, which shall be the Governor, the Lieutenant Governor,
the Speaker of the Assembly, the Superintendent of Public Instruction, the president
and vice president of the alumni association of the University and the acting
president of the University, and 18 appointive members appointed by the
Governor and approved by the Senate, a majority of the membership concurring;
provided, however that the present appointive members shall hold office until
the expiration of their present terms.
"(b)
The terms of the members appointed prior to November 5, 1974, shall be 16
years; the terms of two appointive members to expire as heretofore on March 1st
of every even-numbered calendar year, and two members shall be appointed for
terms commencing on March 1, 1976, and on March 1 of each year thereafter;
provided that no such appointment shall be made for terms to commence on March
1 of each fourth year thereafter, to the end that no appointment to the Regents
for a newly commencing term shall be made during the first year of any
gubernatorial term of office. The terms of the members appointed for terms
commencing on and after March 1, 1976, shall be 12 years. During the period of
transition until the time when the appointive membership is comprised
exclusively of persons serving for terms of 12 years, the total number of
appointive members may exceed the numbers specified in the preceding paragraph.
"In
case of any vacancy, the term of office of the appointee to fill such vacancy,
who shall be appointed by the Governor and approved by the Senate, a majority
of the membership concurring, shall be for the balance of the term for which
such vacancy exists.
"(c)
The members of the board may, in their discretion, following procedures
established by them and after consultation with representatives of faculty and
students of the university, including appropriate officers of the academic
senate and student governments, appoint to the board either or both of the
following persons as members with all rights of participation: a member of the
faculty at a campus of the university or of another institution of higher
education; a person enrolled as a student at a campus of the university for
each regular academic term during his service as a member of the board. Any
person S< appointed shall serve for not less than one year commencing on
July 1.
"(d)
Regents shall be able persons broadly reflective of the economic, cultural, and
social diversity of the state, including ethnic minorities and women. However,
it is not intended that formulas or specific ratios be applied in the selection
of regents.
"(e)
In the selection of the Regents, the Governor shall consult an advisory
committee composed as follows: The Speaker of the Assembly and two public
members appointed by the Speaker, the President Pro Tempore of the Senate and
two public members appointed by the Rules Committee of the Senate, two public
members appointed by the Governor, the chairman of the Regents of the
university, an alumnus of the university chosen by the alumni association of
the university, a student of the university chosen by the Council of student
Body Presidents, and a member of the faculty of the university chosen by the
academic senate of the university. Public members shall serve for four years,
except that one each of the initially appointed members selected by the Speaker
of the Assembly, the President Pro Tempore of the Senate, and the Governor
shall be appointed to serve for two years; student, alumni, and faculty members
shall serve for one year and may not be Regents of the University at the time
of their service on the advisory committee.
"(f)
The Regents of the University of California shall be vested with the legal
title and the management and disposition of the property of the University and
of property held for its benefit and shall have the power to take and hold,
either by purchase or by donation, or gift, testamentary or otherwise, or in
any other manner, without restriction, all real and personal property for the
benefit of the University or incidentally to its conduct provided, however,
that sales of University real property shall be subject to such competitive bidding
procedures as may be provided by statute. Said corporation shall also have all
powers necessary or convenient for the effective administration of its trust,
including the power to sue and be sued, to use a seal, and delegate to its
committees or to the faculty of the University, or to others, such authority or
functions as it may deem wise; The Regents shall receive all funds derived from
the sale of lands pursuant to the act of Congress of July 2, 1862, and any subsequent
acts amendatory thereof. The University shall be entirely independent of all
political or sectarian influence and kept free therefrom in the appointment of
its Regents and in the administration of its affairs, and no person shall be debarred
admission to any department of the University on account of race, religion,
ethnic heritage, or sex."
"(g)
Meetings of the Regents of the University of California shall be public, with
exceptions and notice requirements as may be provided by statutes."
IV.
STANDING COMMITTEES
To
facilitate consideration of the business and management of the Corporation and
of the University, Standing Committees have been established. Unless otherwise
specifically delegated the duty of each Standing Committee shall be only to
consider and to make recommendations to the Board upon matters referred to it.
Each Committee is charged with the immediate care and supervision of the
subject matters respectively indicated by and properly relating to their titles
which are:
Committee
on Audit
Committee
on Educational Policy
Committee
on Finance
Committee
on Grounds and Buildings
Committee
on Investments
Committee
on Special Research Projects
V.
MEETINGS OF THE BOARD
Meetings of
The Regents shall be held in accordance with California Education
Code Section 23101 which provides in relevant part that:
"All
meetings of The Regents of the University of California shall, except as
otherwise provided in this section, be open to the public...
The Regents
of the University of California may also hold executive sessions when it meets
to consider or discuss: (a) matters relating to or affecting the national
security; (b) the conferring of honorary degrees or other honors or
commemorations; (c) those matters involving gifts, devises and bequests; (d)
matters involving purchase and sale of investments for endowment and pension
funds; (e) matters involving litigation when discussion in open session
concerning such matters would adversely affect or be detrimental to the public
interest; (f) matters involving acquisition and disposition of property; (g)
matters relating to the appointment, employment, performance, compensation, or
dismissal of officers and employees, excluding individual Regents other than
the President of the University; and (h) matters relating to complaints or
charges brought against officers or employees of the University, excluding
individual Regents other than the President of the University, unless such
officer or employee requests a public hearing. There also may be excluded from
any such public or private meeting during the examination of a witness, any or
all other witnesses in the matter being investigated."
A. Regular
Meetings
Regular
meetings of the Board are to be held once each month at such time and place as the
Board by resolution from time to time may direct unless dispensed with by the
Board.
B. Special
Meetings of the Board
"The
President or Chairman of the Board, or any four (4) members thereof, may call
special meetings of the Board at any time, and notice of the time, place, and
purpose thereof shall be given by letter or telegram addressed to each Regent
at the last known place of business or residence in time to reach the Regent at
least twenty-four (24) hours before the time appointed for such meeting. In
addition, public notice shall be given for such meetings. Such notice shall be
given by notifying any newspaper of general circulation or any television or
radio station and shall be delivered personally or by mail so that the notice
may be published or broadcast at least. No business other than that mentioned
in the notice of a special meeting shall be considered thereat. A record of the
service of notice required to be given as aforesaid shall be entered upon the
minutes of the Board, and the said minutes when read and approved at the
subsequent meeting of the Board shall be conclusive of the fact that notice was
given as required."
C. Meetings of
Committees
"Meetings
of Committees shall be called by the Secretary at the direction of the Chairman
of the Board, the Chairman of the particular Committee concerned, the President
of the University, or any three (3) members of the Committee of which a meeting
is to be called. Notice of the time and place of a meeting of a Committee shall
be given to all members of the Board by letter or telegram addressed to them at
their last known place of business or residence in time to reach them at least
twelve (12) hours before the time appointed for the meeting."
VI.
THE AGENDA
"At
least five (5) days prior to each regular meeting of the Board, the Secretary
shall mail to each member thereof an Agenda setting forth all substantive
matters upon which action is to be requested at the meeting. The Agenda shall
set forth by name any Officer of the Corporation or of the University whose
appointment or dismissal is to be requested at the meeting. No action shall be
taken on any substantive matter which is not on the Agenda of the Board except
with the consent of two-thirds (2/3) of the members present, but in no event by
an affirmative vote of less than a majority of the members of the Board,
provided, however, that action may be taken on matters considered by Committees
after the mailing of said Agenda."
VII.
APPEARANCE BEFORE THE BOARD AND COMMITTEES
Section 16.10 of the By-Laws and Standing Order of The Regents states as
follows:
"(a)
Individuals or organizations may appear before the Board only with its
permission, provided that at public meetings of the Board, the Chairman of the
Committee on Educational Policy, the Committee on Finance or the Committee on
Grounds and Buildings, or the President of the University, may request that
specific members of the Student Body Presidents Council and/or members of the
Academic Council of the Academic Senate be allowed to speak on those items
being considered by the Board in which students and/or faculty, in previous
committee meetings, have indicated an interest and on those items being
considered by the Board which have not been discussed in previous public
committee meetings."
"The
Board may grant permission for individuals and organizations to appear before
it, provided that a written request for any such appearance, specifying the
matters to be presented to the Board, the time necessary for such presentation,
and the reason why a personal appearance is necessary, is made at a regular
meeting of the Board held prior to the meeting at which permission is sought to
make such presentation. Prior written request to appear before the Board may be
waived in extraordinary circumstances by an affirmative vote of not less than
two-thirds (2/3) of the members of the Board."
"(b)
No Officer, faculty member, or other employee, or student of the University or
any group of Officers, faculty members, or other employees, or students of the
University shall submit any matter to the Board or its Committees for official
consideration, including requests for permission to appear before the Board or
its Committee except through the President of the University."
"(c)
The President of the University shall invite to attend and appear before
meetings of the Board and on Committees thereof such Officers of the University
and such other persons as may be needed in the best interest of the
University."
"(d)
At all public meetings of the Committee on Educational Policy, the Committee on
Finance, or the Committee on Grounds and Buildings, members of the Student Body
Presidents Council and members of the Academic Council of the Academic Senate
may be granted permission by the respective Committee Chairman to speak on
agenda items."
"(e)
Persons other than those specified in 16.10(c) and 16.10(d) may appear before a
Standing Committee only in the extraordinary circumstances with the approval of
that Committee, and upon such conditions as the Committee may prescribe."
VIII.
RELEASE OF INFORMATION—EXECUTIVE SESSIONS
"All
matters discussed and all actions taken in executive sessions are confidential
and shall be released to the public only as the Board shall direct, or in the
event an executive session of a Standing Committee is involved, only as that
Standing Committee shall direct except that:
(a)
Executive session items which require release from confidentiality in order
that the ordinary business of the University might be conducted may be so
released at the discretion of the President or of the Secretary, Treasurer, or
General Council of The Regents as to matters within their respective areas of
responsibility..
(b)
"When it is deemed necessary or appropriate in the best interest of the
University to correct inaccurate public reports between meetings of the Board
or between meetings of any Standing Committee, the Chairman of the Board, in
consultation with the President of the University, and, in the event an
executive session of a Standing Committee is involved, in consultation also
with the Chairman of that Standing Committee may speak for The Regents on Board
or Standing Committee executive session matters."
(c)
"The President, in consultation with the Chairman of the Board and General
Counsel of The Regents, is authorized to release for scholarly purposes
executive session minutes of Regents' meetings, when the substance of such
minutes would not now be considered in executive session or when the minutes
are twenty-five years or more old, it being understood that the President shall
refer any questionable cases to The Regents for decision."