SB 506

Abstract

Public institutions of higher education; governing boards; powers and duties; legal counsel; scope of employment. Provides that the governing board of each public institution of higher education shall have authority over the employment of all legal counsel for the institution, including decision-making authority in the commencement or termination of any legal counsel, the employment of outside legal counsel, the oversight and management of any legal counsel, and the appointment of a general counsel to serve as the chief legal officer of the institution. The bill provides that the chief legal officer and the vice president or similarly situated executive officer of such institution shall, under the direction of the governing board of such institution, conduct the legal affairs of and provide legal advice and representation for such institution on any matter that the governing board determines to be in the interest of the institution. The bill clarifies the scope of the involvement of the Attorney General in the legal affairs of public institutions of higher education, providing that the Attorney General may only provide legal service to a public institution of higher education upon request of the governing board of such institution or upon the governing board's decision to delegate all authority in accordance with the provisions of the bill. The bill permits the governing board of any public institution of higher education with less than 7,500 full-time students to delegate all authority over legal counsel conferred pursuant to the provisions of the bill. The bill also provides that the approval of the Attorney General shall be required for any legal settlement involving consideration in excess of $5 million. The bill also clarifies the duties of the governing board of each public institution of higher education in its collective capacity and of the members of such governing board in their individual capacities.

Public institutions of higher education; governing boards; membership; powers and duties; legal counsel; scope of employment. Provides that the governing board of each public institution of higher education shall have authority over the employment of all legal counsel for the institution, including decision-making authority in the commencement or termination of any legal counsel, the employment of outside legal counsel, the oversight and management of any legal counsel, and the appointment of a general counsel to serve as the chief legal officer of the institution. The bill provides that the chief legal officer and the vice president or similarly situated executive officer of such institution shall, under the direction of the governing board of such institution, conduct the legal affairs of and provide legal advice and representation for such institution on any matter that the governing board determines to be in the interest of the institution. The bill clarifies the scope of the involvement of the Attorney General in the legal affairs of public institutions of higher education, providing that the Attorney General may only provide legal service to a public institution of higher education upon request of the governing board of such institution or upon the governing board's decision to delegate all authority in accordance with the provisions of the bill. The bill also provides that the approval of the Attorney General shall be required for any legal settlement involving consideration in excess of $5 million. The bill permits the governing board of any public institution of higher education with less than 7,500 full-time students to delegate all authority over legal counsel conferred pursuant to the provisions of the bill. The bill also (i) clarifies the duties of the governing board of each public institution of higher education in its collective capacity and of the members of such governing board in their individual capacities and (ii) requires each governing board of a baccalaureate public institution of higher education to include in its membership one nonvoting advisory faculty representative and one nonvoting advisory staff representative. 

Public institutions of higher education; legal counsel; scope of employment; duties and powers of governing board. Provides that the governing board of each public institution of higher education shall have authority over the employment of all legal counsel for the institution, including decision-making authority in the commencement or termination of any legal counsel, the employment of outside legal counsel, the oversight and management of any legal counsel, and the appointment of a general counsel to serve as the chief legal officer of the institution. The bill provides that the chief legal officer and the vice president or similarly situated executive officer of such institution shall, under the direction of the governing board of such institution, conduct the legal affairs of and provide legal advice and representation for such institution on any matter that the governing board determines to be in the interest of the institution. The bill clarifies the scope of the involvement of the Attorney General in the legal affairs of public institutions of higher education, providing that the Attorney General may only provide legal service to a public institution of higher education upon request of the governing board of such institution or upon the governing board's decision to delegate all authority in accordance with the provisions of the bill. The bill also provides that the approval of the Attorney General shall be required for any legal settlement involving consideration in excess of $5 million. The bill permits the governing board of any public institution of higher education with less than 7,500 full-time students to delegate all authority over legal counsel conferred pursuant to the provisions of the bill but requires any such governing board (i) intending to make such delegation to submit notice of such intention by January 1, 2025 and (ii) intending thereafter to delegate such authority or to rescind a prior delegation of such authority to submit notice of such intention by January 1 of the immediately succeeding odd-numbered year. Finally, the bill clarifies the duties of the governing board of each public institution of higher education in its collective capacity and of the members of such governing board in their individual capacities.