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.
Approved: August 1, 1996,
Effective date: July 1, 1996. All delegations of authority executed
prior to that date shall expire on that date.
Modified: December 1998 - Delegation of Authority moved from 1A.1
Part 8 to 1A.2 Part 3 Subpart B, so this procedure was renumbered to follow
the policy change.
To download the Delegation of Authority forms to your hard drive:
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