Statutory
Powers and Limitations of the Board of
Regents
| Effective Date: |
1.1.1964 |
Revision Date: |
|
| Chapter Name: |
Powers
and Limitations of the Regents |
Policy Number: |
1.2 |
| Policy Name: |
Statutory
Powers and Limitations of the Board
of Regents |
| A
PDF version of this policy is available
via this link. |
P.S. 1963, 2nd Ex. Sess., No.48
Central, Eastern, Northern, and Western Michigan
Universities; Continuation; Boards of Control, Appointment,
Term, Vacancy.
Sec. 1. The established state institutions
known as Central Michigan University, Eastern Michigan
University, Northern Michigan University and Western
Michigan University are continued under these names. Each
institution shall be governed by a separate eight-member
board of control. The governor shall appoint
the board members by and with the advice and consent
of the senate for terms of eight years commencing
on January 1, except that the first boards shall
be appointed so that the terms of two members of
each board shall expire on December 31, 1964, 1966,
1968, and 1970. When a vacancy occurs other
than by the expiration of a term, the governor shall
fill the vacancy by appointment by and with the
advice and consent of the senate for the remainder
of the unexpired term.
Board of control; officers, expenses.
Sec. 2. The president of each institution
is ex-officio a member of its board of control without
the right to vote. A board may elect one of its
members or may designate the president of the institution
to preside at board meetings. A board shall
elect a secretary, a treasurer, and other such officers
as it deems necessary. Officers shall hold
office at the pleasure of the board. No member
of the board shall be eligible to election as secretary
or treasurer. The secretary and the treasurer
each shall give a bond satisfactory to the board
to secure the faithful performance of the duties
of his office. No officer may incur obligations
or dispose of his board's property or funds, except
pursuant to a vote of the board. Board members shall
receive their necessary traveling and other expenses
to be paid out of the general fund.
Same; specified powers and duties.
Sec. 3. A board of control shall have general
supervision of its institution, the control and
direction of all funds of the institution, and such
other powers and duties as may be prescribed by
law.
Same, specified powers and duties.
Sec. 4. A majority of the members of a board
of control shall constitute a quorum. The
business which the board of control may perform
shall be conducted in compliance with Act No. 267
of the Public Acts of 1976, being sections 15.261
to 15.275 of the Michigan Compiled Laws. Public
notice of the time, date, and place of the meeting
shall be given in the manner required by Act No.
261 of the Public Acts of 1976. A majority
of its members may enact, amend, and repeal rules
and bylaws for the conduct of the board's business
and for the government of the institution; fix tuition
and other fees and charges; appoint or remove personnel
as the interests of the institution and the generally
accepted principles of academic tenure permit or
require; determine compensation to be paid for services
and property; confer degrees and grant diplomas
usually conferred or granted "by other similar
institutions; receive, hold, and manage a gift,
grant, bequest, or devise of funds or property,
real or personal, absolutely or in trust, which
will promote the purposes of its institution; enter
into agreements not inconsistent with this act as
may be desirable in the conduct of the board's affairs;
and lease or dispose of property which comes into
the board's possession, if the board does not violate
a condition or trust to which the property may be
subject. The powers customarily exercised
by the governing board of a college or university
are vested in each board. The enumeration
of powers in this section is not considered to exclude
powers not expressly excluded by law.
Same; body corporate, actions, seal.
Sec. 5. A board of control is a body politic
and corporate. It may purchase, have hold, possess
and enjoy to itself and its successors all the real
and personal property of every kind now belonging
to its respective institution or hereafter acquired
by it and may grant, alien, invest, sell and dispose
of the same; may sue and be sued; plead and be impleaded
in all courts in this state; and may have, alter
and use a seal.
State board of education; division and transfer
of funds to respective boards of control.
Sec. 6. All property and funds of the state
board of education, established under the 1908 state
constitution, now held for the use and benefit of
a specific institution shall become property and
funds of the board of control at that institution. Such
state board of education shall make all necessary
divisions of property and funds held for the use
and benefit of more than one institution, and shall
make all necessary conveyances of property and funds
of each board of control.
Same; contracts, assignments
Sec. 7. All contracts and obligations of
the state board of education, established under
the 1908 state constitution, for the use and benefit
of a specific institution are continued and are
binding upon the board of control at that institution. If
more than one institution will receive a benefit
from a single contract and the state has an obligation,
the boards of control of the institutions receiving
the benefit shall divide and share the obligation
in proportion to the benefit received. Such
state board of education shall make appropriate
arrangements with the board of control of each institution
for the assignment of rights and duties under continuing
contracts or obligations but such arrangement shall
not impair the obligation of any contract or create
a breach thereof. If an impairment or breach
would otherwise occur, then the contract or obligation
shall continue as that of such state board of education
and its successor state board of education under
the 1963 state constitution but for the use and
benefit of the specific institution concerned.
Boards of control; borrowing power, pledges payable
from revenues; approval of legislature.
SEC. 8. A board of control shall not borrow
money on its general faith and credit, nor create
the liens upon its property. A board, after
approval by tt1le legislature, may acquire land
or acquire or erect buildings, or alter, equip or
maintain them, to be used as residence halls, apartments,
dining facilities, student centers, health centers,
stadiums, athletic fields, gymnasiums, auditoriums
and other educational facilities. A board
may borrow money under such terms and provisions
as it deems best to finance such facilities, and
shall obligate itself for the repayment thereof,
together with interest thereon, solely out of the
income and revenues from such facilities or other
such facilities heretofore or hereafter acquired,
or from special fees and charges required to be
paid by the students deemed by it to be benefited
thereby or any combination thereof.
Same; teacher training schools and contracts.
Sec. 9. A board of control shall maintain
in connection with the training of teachers fully
equipped training schools as schools of observation
and practice. A board may contract with the
board of education of any school district near its
institution to use the schools and school property
of the school district as schools of observation
and practice, and may furnish equipment, teachers,
administrators, employees and facilities deemed
necessary to provide the observation and practice. The
boards of education of these school districts may
enter into such contracts and confer upon the boards
of control their duties as are prescribed by law
and deemed necessary by the school boards and boards
of control to carry out the provision herein. Any
contract heretofore entered into between the state
board of education and the board of education of
a school district for the purpose of providing observation
and practice is continued as a binding contract
between the board of control of the institution
covered by such contract and the board of education
of the school district.
Same; public school teaching, courses of study.
Sec. 10. Each institution shall instruct
persons in the science and art of teaching in the
public schools of the various school districts of
the state. Each board of control shall prescribe
appropriate courses of study for the preparation
and training of persons for each teaching.
| Authority
for Creation or Revision: |
Michigan
compiled laws annotated
390.551 et. seq., 1967.
Sec. 4 revised per Michigan
compiled law annotated 390.554,
1977. |
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