SD Board of Regents
306 East Capitol Ave
Suite 200
Pierre, SD 57501
605 773 3455
info@sdbor.edu
BY-LAWS OF THE
SOUTH DAKOTA BOARD OF REGENTS

 

Article I. Name

 

Section 1.0 The legal name of the Board is the Board of Regents.

Article II. Organization of the Board

 

Section 2.0

Membership. The Board is composed of nine voting members appointed by the Governor and confirmed by the senate. One of the nine members shall be a student regent. Terms of each regent, except for the student regent, shall be six years with terms expiring the last day of March or when a successor is appointed and qualified or unless removed as provided in SDCL § 3-17-1. The term of the student regent shall be two years expiring the first day of July of every even-numbered year, unless removed under the provisions of SDCL §3-17-1 or if such student does not remain enrolled in a postsecondary institution controlled by the Board. No two regents may be residents in the same county, and no more than six shall be members of the same political party.

 

Section 2.1

Officers. The Board shall elect a President, Vice-President and Secretary for a one-year term at the regular March meeting of each calendar year, terms of office to begin on April 1.

 

Section 2.2

Duties of the President. The President shall preside at all meetings, appoint committees, and perform such other duties as authorized by statute, policy, agreement, or bylaws; delegated by the Board; or customarily placed upon the presiding officer of a deliberative body.

 

Section 2.3

Duties of the Vice-President. The Vice-President shall assume the duties of President when ordered or when the President is absent or otherwise unable to serve.

 

Section 2.4

Duties of the Secretary. The Secretary shall sign documents according to established practice and perform official duties as the Board may from time to time determine.

 

Section 2.5

Vacancies. The Board shall fill a vacancy occurring in any of its offices at any regular or special meeting for the unexpired term of the office.

Article III. Standing Committees

 

Section 3.0

Organization. A Regent shall be appointed to a Committee each year. The President of the Board shall designate a chairman for each Committee who shall serve until the Committee selects its own chairman and vice-chairman. The terms of each shall be for one year with terms ending March 31 of each year. A majority of the Committee members present and voting shall constitute a quorum for conducting business. The affirmative vote of a majority of the committee members shall be required to take action. The President of the Board shall serve as an ex-officio voting member of all standing committees. The President shall also have the authority to designate a Regent from one standing committee to serve on another standing committee as required to conduct business.

 

Section 3.1

Committees. Two standing committees consisting of four Regents on each committee shall be appointed by the President of the Board. In addition, the entire membership shall constitute a Committee on Planning and Resource Development. When possible, the President shall make the committee assignments based upon the preference of each Regent.

 

Section 3.1.1

Committee on Academic and Student Affairs. The jurisdiction of the Committee on Academic and Student Affairs shall be as follows:

    • Accreditation
    • Articulation Activities
    • Enrollment
    • Financial Aid, Tuition Waiver and Scholarship
    • Faculty Rank, Tenure, and Promotions
    • Faculty/Staff Development Service Policies
    • Graduation Lists
    • Guidance and Counseling
    • Libraries
    • Program Review and Development
    • Reciprocity, Academic Compacts, Slot Programs
    • Student Relations

 

Section 3.1.2

Committee on Budget and Finance. The jurisdiction of the Committee on Budget and Finance shall be as follows:

  • Accounting
  • Audit
  • Bonding
  • Budget
  • Career Service/Exempt Personnel Activities
  • Facilities and Physical Plant
  • HEFF and School and Public Lands Fund
  • Inventory
  • Investments
  • Maintenance and Repair
  • Payroll
  • Personnel Actions
  • Purchasing and Printing
  • Salaries and Fringe Benefits
  • Travel and Contractual Review
  • Tuition
 

Section 3.1.3

Committee on Planning and Resource Development. The jurisdiction of the Committee on Planning and Resource Development shall be as follows:

  • Foundations
  • Fund Raising/Gifts and Donations
  • Public Information
  • Research and Grant Proposals
  • System and Institutional Planning

Section 3.2

Meetings. Committee meetings will normally be held in conjunction with regular meetings of the Board. A special meeting of any standing committee may be called by the President of the Board, the Executive Director with the consent of the President of the Board, or the chair of the committee. Prior to a Committee meeting or a Board meeting, the Committee chairs and any other interested Regents may be briefed on agenda items by staff.

 

Section 3.3

Action. A Committee shall take one of the following actions on an agenda item before reporting back to the Board:

  1. Recommend adoption
  2. Recommend adoption with amendment(s)
  3. Recommend against adoption
  4. Forward without a recommendation
  5. Recommend deferral to a date certain
  6. Recommend re-referral to same committee for further study and/or hearings
  7. Recommend referral to another committee with or without a recommendation
  8. Receive for information purposes.

Committees shall report back to the Board following each committee meeting.

Article IV. Special Committees

Section 4.0

Special Committees. Special committees may be appointed from time to time by order of the Board. The following special committees are hereby authorized by order of the Board: Committee of the Whole Board; Steering Committee; Search and Screen Committee.

 

Section 4.1

Committee of the Whole Board. The Committee of the Whole Board is the entire membership of the Board of Regents sitting as a committee rather than as the formal Board of Regents. Each member of the Committee shall have one vote. A majority vote of the Regents, present and voting, is necessary for the Board of Regents to resolve into the Committee of the Whole. The Committee of the Whole shall consider only those matters delegated to it.

 

Section 4.1.1

Organization. The President of the Board shall designate a chair of the Committee of the Whole. A quorum requires three Regents. A majority present and voting is necessary to take action by the Committee.

 

Section 4.1.2

Action. The only motions that are in order in the Committee of the Whole are motions to amend or a motion that the Committee rise. A motion that the Committee rise is always in order and shall be decided without debate. When the Committee rises, a report shall be made to the Board. To be enforceable, actions taken by the Committee must be approved by the Board.

 

Section 4.2

Steering Committee. The Steering Committee shall consist of the President of the Board and the chairs of the standing committees of the Board.

 

Section 4.2.1

Organization. The President of the Board shall chair the committee, and the Committee shall meet upon call of the chair.

 

Section 4.2.2

Action. The Steering Committee may rearrange the agenda of the Board, recommend time limits, and recommend any other actions of a procedural nature to the Board. To be enforceable, recommendations of the Steering Committee must be adopted by the Board.

 

Section 4.3

Search and Screen Committee. All nationwide search and screen activities used by the Board shall be conducted by a search and screen committee appointed in accordance with the Regents&rsquo Bylaws.

 

Section 4.3.1

Organization. The President of the Board will appoint the Search and Screen Committee. The Committee shall consist of Regents with the Executive Director serving as staff.

 

Section 4.3.2

Action. The chair of the Search and Screen Committee or the President of the Board shall approve the position announcement prior to publication. The Committee shall determine appropriate materials to be submitted by the candidates for position vacancies. The initial screening process shall be conducted by the Search and Screen Committee. The committee may share the application materials of selected finalists with any local or campus advisory committee appointed by the Board as it deems appropriate. The committee will contact references and conduct meetings to select approximately ten to twelve semifinalists. From this group approximately five finalists will be selected and ultimately a final choice will be agreed upon by the Board.

Article V. Meetings of the Board

 

Section 5.0

Regular Meetings. An annual schedule of meetings shall be prepared in advance by the Board.

 

Section 5.1

Special Meetings. Special meetings of the Board will be held on the call of the President or by joint request of a majority of the members, with due and reasonable notice always being given.

 

Section 5.2

Public Meetings. Regular and special meetings of the Board and its committee shall be appropriately noticed and open to the media and the public in accordance with SDCL § 1-25-1.1, except by vote of the Board for discussion of those matters which are permitted under South Dakota statutes to be discussed in executive session.

 

Section 5.3

Quorum. A majority of the current membership of the Board shall constitute a quorum for the transaction of business, except as otherwise provided in these Bylaws.

 

Section 5.4

Parliamentary Procedure. On questions of parliamentary procedure, Robert&rsquos Rules of Order, Revised, shall prevail.

 

Section 5.5

Official Action. The affirmative vote of a majority of the entire membership of the Board shall be required to take official action. Official action by the Board of Regents shall be in the form of (1) Policy Actions, (2) Special Resolutions, and (3) Motions. All significant policy actions, special resolutions, and motions have equal validity. The one passed last shall prevail in case of conflict.

 

Section 5.6

Agenda. The Regents office must receive all requests for items to be placed on a Standing Committee agenda no later than fourteen working days prior to the meeting. Any request must be in writing and accompanied by the necessary background information. To fail to comply with this section may cause the Board to defer the proposed agenda item until the Board has sufficient time to review the item. The Bylaws shall govern the placement of items on the agendas of appropriate standing committees; however, an item of sufficiently broad interest may be placed on the full Board agenda with the consent of the President of the Board. The regular order of business at all meetings shall be:

  1. Approval of agenda
  2. Approval of minutes of preceding meetings
  3. Reports of committees&rsquo consideration of agenda items
  1. Committee on Academic and Student Affairs
  2. Committee on Budget and Finance
  3. Committee on Planning and Resource Development

    A vote of two/thirds of the entire membership of the Board shall be required to add an item to the agenda of the Board or of the committees.

Article VI. Employees

 

Section 6.0

The Board shall employ an Executive Director, who shall perform such duties as are delegated by the Board. The salary of the Executive Director shall be set by the Board. The Executive Director shall be responsible for the employment and termination of additional staff in accordance with the personnel policies of the Board.

Article VII. Communications

 

Section 7.0

All communications to the Board from persons not members thereof, except in the case of the Presidents or Superintendents of the institutions or from legal counsel where required as a matter of professional responsibility, shall be submitted in writing to the Executive Director of the Board at least fifteen days prior to the Board meeting at which Board consideration is requested.

 

Section 7.1

The President of the Board is the only member of the Board authorized to make official pronouncements for the Board, and then as instructed by the Board. The Executive Director of the Board is authorized to speak for the Board and the state system of higher education with respect to any policy matters that have received the approval of the Board, and on administrative matters which have been entrusted to the Executive Director by law or by the Board. The President and Superintendent of each institution, as chief executive officer of his/her respective institutions, are responsible for all releases and information issued from his/her institution.

Article VIII. Indemnification

Section 8.0

If any claim or action is instituted against the Board or any of its members, officers or employees arising out of an act or omission occurring in the exercise of official duties or responsibilities as an officer or member of the Board or within the scope of the employment, the Board may request authorization from the Attorney General for any one or more of the following:

  1. Indemnification of such member, officer, or employee for the court costs incurred in the defense of such claim or action;
  2. Payment to or indemnification of such member, officer or employee for the reasonable attorney fees incurred by virtue of such claim or action;
  3. Payment to or indemnification of such member, officer or employee for a judgment based upon such claim or action; or
  4. Payment to or indemnification of such member, officer or employee for a compromise or settlement of such claim or action.

Section 8.1

Indemnification is limited by statute to a maximum of $25,000, except that claims for indemnity exceeding that sum may be brought to the legislature.

Article IX. Amendments

 

Section 9.0

These Bylaws may be amended or repealed at any regular meeting of the Board, by a majority vote of the members of the Board, provided that proper notice of any proposed amendments shall be deemed to have been given to each member and to the Executive Director if included in the normal agenda distribution given before the meeting at which they are to be proposed.