2.3
The institution has a chief executive officer whose primary responsibility is to the institution and who is not the presiding officer of the board. (See Commission policy “Core Requirement 2.3: Documenting an Alternate Approach.”) (Chief executive officer)
Compliance Judgment
X In compliance Partially compliant Non-compliant
Narrative
The duties of and expectations for the President of the University and the Chair of the Board of Trustees (the Board) are described and delineated by materials contained in two documents:
- the Bylaws of the Board of Trustees
- the President’s Managerial Position Description
Bylaws of the Board of Trustees
The Bylaws of the Board of Trustees provide that, “the President is the chief executive officer of the University and the executive agent of the Board of Trustees” [1]. Dr. L. Fred Carter has served as President and chief executive officer of Francis Marion since 1999 as seen in his initial Letter of Agreement [2].
The Board of Trustees has subsequently continually renewed President Carter’s contract twice [3, 4]. The attached organizational chart updated in September 2017 shows the relationship between the President and the Board [5].
The current Chair of the Board of Trustees is Kenneth Jackson [6]. The Bylaws of the Board of Trustees require that the Chair preside over meetings of the Board and assign the following duties exclusively to him:
- Preside over the meetings of the Board. If the Chair is absent, the Vice Chair shall preside if present. Otherwise the Chair shall designate some other trustee to preside. To execute with the Secretary all papers to which it is necessary to affix the seal of the University
- To appoint all committees, subject to the approval of the Board
- To serve as member ex officio of all committees of the Board
- To act as its spokesperson or representative, upon request of the Board
- To perform those additional duties which may be imposed upon his office by statute or by direction of the Board [7].
The Bylaws of the Board of Trustees delegate the following responsibilities and duties to the President:
The authority and functions of the President are explicitly delegated by the Board of Trustees and include responsibility for all university educational and managerial affairs. The President is the chief executive officer of the University and the executive agent of the Board of Trustees. He exercises a general superintendence over all the affairs of the University in accordance with the policies of the Board of Trustees and provides leadership and advice to the Board in carrying out its responsibilities. The functions of the President include, but are not limited to, the following:
a. To perform all acts and execute all documents necessary to make effective any actions taken by the Board of Trustees and to implement all policies and plans adopted by the Board.
b. To coordinate the preparation of policies and plans presented to the Board for its adoption or approval, to consult with the Board in a timely fashion on matters appropriate to its policy-making functions and fiduciary responsibilities, to provide the Board with the information it requires to meet its policy-making responsibilities, and to advise the Board concerning actions to be taken.
c. To organize the administrative services of the University in consultation with the Board and in accordance with Board policy, and to appoint administrative officers and other professional staff by authority of the Board of Trustees.
d. To exercise leadership in working with the faculty and academic officers in developing plans and proposals for educational programs and policies; to review and evaluate faculty proposals for major revision of educational programs and policies and to present them to the Board with his recommendation concerning their action; to bear responsibility for the orderly implementation of educational programs and policies.
e. To appoint members of the faculty by authority of the Board of Trustees and to provide leadership to the faculty in carrying out their responsibilities in teaching, scholarship, and public service.
f. To have the power of final approval of all initial appointments, renewals of appointment, promotions in rank, compensation, and conferral of tenure and termination of faculty, administration, and staff on recommendation or advice of the appropriate vice president or other officers of the University.
g. To serve as the medium of communication between the Board and the administration, faculty, staff, students, and alumni of the University, in the absence of specific provisions to the contrary in the bylaws and policies of the Board of Trustees.
h. To assure the orderly management of fiscal and personnel affairs, the auxiliary enterprises of the University, and the maintenance and development of its financial and physical resources; to coordinate the preparation of the operating and capital budgets of the University and to submit proposed budgets to the Board of Trustees for its review and approval; to keep the Board fully informed of the financial condition of the University and concerning trends affecting the University’s financial stability and strength.
i. To provide for the effective conduct of systematic, comprehensive, and information-based institutional planning, to present such plans to the Board of Trustees with his advice concerning action which may be needed; to monitor the effectiveness of educational and educational support programs of the University in the light of its mission and long range development plans.
j. To represent the University in its relationships with related associations, other institutions, the news media, governmental agencies, alumni, and the general public; to assure the effectiveness of communications among internal constituencies of the University on matters of shared concern; to assure the effectiveness of communication between the University and its external constituencies; to serve as the chief spokesperson of the University and to represent the University and the Board of Trustees to the public, interpreting the goals and values of the University to the community and also bringing back to the University information concerning community needs and how the University might meet those needs [8].
President’s Managerial Position Description
The functions of the President’s Office are described in the President’s Managerial Position Description (PMPD) which is developed by the President and reviewed and edited every five years. The Chair of the Board of Trustees contributes to Section IV. Comments – Immediate Supervisor and signs to indicate final approval.
The President’s Managerial Position Description is part of a five-year review administered by a Human Resources consulting firm contracted by the South Carolina Agency Head Commission. Any failure of the President to carry out the proper managerial functions of his office would be detected during this review.
The most recent document was created in September 2016 [9].