System Procedures
Chapter 1A - System Organization and Administration / System & Office Operations
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Procedure 1A.2.2 Delegation of Authority
for Board Policy 1A.2 Part 3
Pursuant to M.S. 136F.06, MS 15.06, Subd. 6, MnSCU Board Policy 1A.2, Part 3, and an accompanying motion adopted on November 15, 1995, provide for delegations of authority by the Board of Trustees to the Chancellor and to the Chancellor's designees. The goal of this Policy is to ensure the efficient operation of the system and its institutions while maintaining fiscal and policy integrity. The purpose of this Procedure is to help achieve that goal by identifying those situations in which it is appropriate to use delegations of authority and the procedures that should be used when making such delegations.
As used in this Procedure, a "delegation of authority" is the formal conveyance from one person to another of the authority to bind MnSCU or a college or university to a legally enforceable obligation. Any such transfers of powers and duties of the Board and the Chancellor are therefore significant actions requiring great care and scrutiny.
Part 1. General Scope of Delegations. The Chancellor is accountable for assuring proper delegation of authority to employees in the System Office. Each President is accountable for assuring proper delegation of authority to employees of that institution.
Delegations of authority are limited both in scope and number. Delegations of authority should only be used in the following situations:
- where the action to be delegated should be located at the campus level, rather than at the System Office, in accordance with Board and Chancellor policies and goals;
- where the actions to be taken are technical in nature and where it is not appropriate to expect the Board, the Chancellor, or a President to have the knowledge or expertise necessary to take the actions;
- where the person receiving the delegation has the expertise to use the delegated authority appropriately and knowledgeably;
- when the risk of abuse of a delegated authority is minimal or where it can reasonably be controlled;
- when the responsibilities of the employee receiving the delegation requires such authority to provide the employee the capacity to carry out his/her responsibilities; and
- when there is a method in place to insure proper exercise of the delegation of authority including a monitoring and audit system.
Delegation of authority requires ongoing compliance with applicable statutes, rules and board policies. Delegations shall be as specific as possible with dollar limits indicated, if applicable, to help insure proper accountability. No employee other than the Chancellor, a President, or, if specifically so authorized, a delegate of the Chancellor may execute any document which binds the system or the institution, in the case of the President, to any obligation in excess of $100,000. State law prohibits persons who receive delegations of authority from incurring obligations which result in the System Office or institution exceeding its fiscal year allocation.
Part 2. Authority to Delegate. Delegation of authority to sign all documents on behalf of the Minnesota State Colleges and Universities System Office and its Board of Trustees is vested without limitation in the Chancellor. The Chancellor may delegate to the Chief Operating Officer, the Vice Chancellors, and Deputies to the Chancellor authority relating to their specific areas of responsibility. The Chief Operating Officer, the Vice Chancellors, and the Deputies to the Chancellor may delegate to their subordinates specific authority pursuant to the scope defined above. No other persons in the System Office may delegate authority.
The Chancellor may delegate to the Presidents of institutions authority that relates to their institutions. The Presidents may each delegate to their respective subordinates specific delegation of authority pursuant to the scope defined above. Only the President may so delegate unless the Chancellor, in the delegation to the President, specifically empowers another employee of the institution also to delegate.
No delegation shall be made of all or substantially all of the powers held by any persons making a delegation.
Part 3. Authority to Receive Delegations. A delegation of authority shall be commensurate with the employee's role within the organization. No delegation shall be made to any person whose level of responsibility within the system or college or university is lower than the level of person who reasonably could be expected to understand and act in respect to the powers being delegated. Unless specifically authorized by the Chancellor in respect to System Office employees, or by the President in respect to that institution, delegations can only be made to a professional or managerial employee as those are defined by applicable personnel laws, rules, or agreements.
Part 4. Delegation Management. A System Office employee to be designated by the Chancellor is responsible for managing and monitoring the delegations of authority. This includes maintaining official files of all MnSCU delegations of authority, filing copies of MnSCU delegations of authority with appropriate state departments and agencies, and conducting periodic statewide audits of all delegations to ensure that they are updated as necessary.
Delegations of authority shall be on the forms prepared by the System Office. The original of every executed delegation must be filed with the designated employee at the System Office.
Part 5. Effective Dates. A delegation of authority shall become effective on the date the delegation form is fully executed unless a later effective date is specified on the delegation form. All delegations for
FY 97 shall expire on June 30, 1997, unless an employee receiving a delegation has his/her duties and responsibilities changed prior to the expiration date which necessitates a review of the original delegation for revision or rescission. Delegations beginning July 1, 1997, shall not have an expiration date beyond June 30th of a biennium. Delegations shall be reviewed on a regular basis to ensure filing of new or revised delegations or rescinding delegation authority for former employees.
To download the Delegation of Authority forms to your hard drive:
- Click here to download the "Non-construction" form for Delegation of Authority.
- Look for form "MnSCU016" - Delegation of Authority
- Choose the version you use on your campus.
Date of Adoption: 08/01/96,
Date of Implementation: 07/01/96. All delegations of authority executed prior to that date shall expire on that date
Date & Subject of Revisions:
12/16/98 - Procedure 1A.1.1 was renumbered to 1A.2.2 to follow the policy change that moved Policy 1A.1 Part 8, Delegation of Authority to Policy 1A.2 Part 3 Subpart B.
There is no additional HISTORY for procedure 1A.2.2 at this time.
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