Bylaw 22. Authority of the Board

22.1 Authority/Delegation.

Pursuant to Article IX Section 9 of the Constitution of the State of California, the full powers of organization and government of the University inhere in and originate with the Board, which has the authority to delegate those powers as it determines to be in the best interest of the University.  Any authority delegated by the Board may be rescinded by action of the Board.   The Regents hereby delegate authority to the President of the University to oversee the operation of the University, in accordance with policies and directives adopted by the Board, and as further specified in Bylaw 30 (President of the University). This delegation is subject to the powers specifically reserved to the Regents in Bylaw 22.2 below (Reserved Powers), in Committee Charters, and in Regents Policies requiring that matters be approved or otherwise acted on by the Board.

22.2 Specific Reservations.

The matters in the following areas are specifically reserved to the Board and/or its Committees for approval or other action, within parameters that may be specified in a Committee Charter or Regents Policy:

(a) Governance Matters

• Amending the University Bylaws, and Committee Charter provisions
• Establishing or eliminating Board committees
• Appointing the Chairs, Vice Chairs and members of Board committees
• Appointing the Student Regent
• Adopting procedures to consider any allegation that a Regent, Committee member, Regent-Designate or advisor to a Board Committee has not fulfilled their duties as set forth in University Bylaws, policy or applicable law; to implement appropriate response(s) when such allegation is found to have merit; and to determine levels of authority to act on such matters

(b) Academic Matters

• Upon recommendation of the Academic Senate, approving criteria for University admissions and conferral of certificates and degrees
• Establishing or eliminating colleges, schools, graduate divisions and organized multi-campus research units
• Establishing or eliminating a session of instruction
• Approving the appointment of Regents Professors and University Professors
• Approving dismissal of academic appointees with tenure or security of employment

(c) Finance Matters

• Approving the University budget and requests for state appropriations
• Approving the annual budget for the Office of the President
• Accepting the reports of the independent financial auditor
• Approving non-audited related services by the University’s independent financial auditor
• Approving tuition, registration fees, education fees, and compulsory student government fees within parameters specified by Committee Charter or Regents Policy
• Authorizing University external financing within parameters specified by Committee Charter or Regents Policy
• Approving overall policies for the University of California Employee Housing Assistance Program
• Approving loans by the University to other parties, other than loans from established student, faculty, and staff loan funds, and subject to exceptions and parameters specified by Committee Charter or Regents Policy
• Approving agreements to indemnify third-parties, subject to exceptions and parameters specified by Committee Charter or Regents Policy
• Approving alliances and affiliations involving University financial commitments, use of the University’s name, research resources, and the University’s reputation, within parameters specified by Committee Charter or Regents Policy
• Approving University participation in non-health–related corporations, partnerships and other entities, except for investment purposes, and within parameters specified by Committee Charter or Regents Policy
• Adopting UC Retirement plans and approving plan amendments

(d) Capital Project Matters

• Approving capital budget requests and augmentation requests within parameters specified by Committee Charter or Regents Policy
• Approving purchases, sales, leases or gifts of real estate within parameters specified by Committee Charter or Regents Policy
• Approving Long Range Development Plans (LRDPs) and amendments to LRDPs within parameters specified by Committee Charter or Regents Policy
• Approving Capital Financial Plans (e.g., 10-year Capital Financial Plans)

(e) Appointment and Compensation Matters

• Appointing, demoting or dismissing the President of the University, Chancellors, the Lawrence Berkeley National Laboratory Director and the Principal Officers of the Regents
• Approving compensation for the President of the University, Chancellors, the Lawrence Berkeley National Laboratory Director or Principal Officers of the Regents
• Approving paid leaves of absence for the President of the University, Chancellors,  the Lawrence Berkeley National Laboratory Director or Principal Officers of the Regents, as specified in policy
• Approving University compensation and employee benefits plans and policies, including policies regarding outside professional activities, within parameters specified by Committee Charter or Regents Policy
• Approving substantial changes to the scope or availability of employee or retiree group health insurance benefits; or the creation of vested rights to such benefits
• Approving University retirement benefit and retiree health plans, within parameters specified by Committee Charter or Regents Policy
• Approving emerita/emeritus title suffix for Principal Officers of the Regents and the President of the University, as specified in Regents Policy

(f) Health Matters

• Approving acquisitions of physician practices, hospitals, clinics and other health-related transactions, within parameters specified by Committee Charter or Regents Policy

(g) Compliance Matters

• Approving settlements of claims and litigation within parameters specified by Committee Charter or Regents Policy
• Engagement and retention of the independent financial auditor

(h) National Laboratories Matters

• Bidding on or entering into a prime contract to manage and operate a National Laboratory or other Comparable Facility (as defined in the National Laboratories Committee Charter)
• Creating a business entity to hold a prime contract to manage and operate a National Laboratory or other Comparable Facility
• Approving material changes in the type or scope of work for such a business entity
• Appointing voting members to the governing board of such a business entity