§ 116-40.22. Management flexibility.
§ 116‑40.22. Managementflexibility.
(a) Definition. Forpurposes of this section, the term "institution" means a specialresponsibility constituent institution that is granted management flexibilityby the Board of Governors in compliance with this Part.
(b) Appoint and FixCompensation of Senior Personnel. Notwithstanding any provision in Chapter116 of the General Statutes to the contrary, the Board of Trustees of aninstitution shall, on recommendation of the Chancellor, appoint and fix thecompensation of all vice‑chancellors, senior academic and administrativeofficers, and any person having permanent tenure at that institution. No laterthan January 1, 2002, the Board of Governors shall adopt policies, compensationstructures, and pay ranges concerning the appointment and compensation ofsenior personnel appointed by the Board of Trustees pursuant to this section.Compensation for senior personnel fixed by the Board of Trustees pursuant tothis section shall be consistent with the compensation structure, policies, andpay ranges set by the Board of Governors.
(c) Tuition and Fees. Notwithstanding any provision in Chapter 116 of the General Statutes to thecontrary, in addition to any tuition and fees set by the Board of Governorspursuant to G.S. 116‑11(7), the Board of Trustees of the institution mayrecommend to the Board of Governors tuition and fees for program‑specificand institution‑specific needs at that institution without regard towhether an emergency situation exists and not inconsistent with the actions ofthe General Assembly. Any tuition and fees set pursuant to this subsection areappropriated for use by the institution. Notwithstanding this subsection,neither the Board of Governors of The University of North Carolina nor its Boardof Trustees shall impose any tuition or mandatory fee at the North CarolinaSchool of Science and Mathematics without the approval of the General Assembly.
(d) InformationTechnology. Notwithstanding any other provision of law, the Board of Trusteesof an institution shall establish policies and rules governing the planning,acquisition, implementation, and delivery of information technology andtelecommunications at the institution. These policies and rules shall providefor security and encryption standards; software standards; hardware standards;acquisition of information technology consulting and contract services;disaster recovery standards; and standards for desktop and server computing,telecommunications, networking, video services, personal digital assistants,and other wireless technologies; and other information technology matters thatare necessary and appropriate to fulfill the teaching, educational, research,extension, and service missions of the institution. The Board of Trustees shallsubmit all initial policies and rules adopted pursuant to this subsection tothe Office of Information Technology Services for review upon adoption by theBoard of Trustees. Any subsequent changes to these policies and rules adoptedby the Board of Trustees shall be submitted to the Office of InformationTechnology Services for review. Any comments by the Office of InformationTechnology Services shall be submitted to the Chancellor of that institution. (2001‑424, s. 31.11(a);2006‑66, s. 9.11(h); 2006‑203, s. 4.1.)