Responsibilities of the University of Michigan Board of Regents

The University of Michigan Board of Regents plays a crucial role in governing the institution. This article delves into the responsibilities of the Board, its historical context, and current issues it faces.

Introduction: The Board of Regents and its Significance

The Board of Regents exercises authority over the entire University. Every voter in the state of Michigan has a say in these Regents’ election. The direct election of these public university governing boards by the voters of Michigan means that, in theory, the state legislature and the executive branch have less say in their policies.

Michigan has 15 public universities, but only the board members of the University of Michigan, Michigan State University, and Wayne State University are chosen in partisan elections. The boards of the 12 smaller schools, such as Eastern, Central and Western Michigan and Grand Valley State, are appointed by the governor with the advice and consent of the state senate. Voters completing their ballots might become confused when they are faced with voting for members of Michigan’s three university governing boards. They may find themselves wondering how they got on the ballot, what their function is, or how they could learn more about the candidates.

Historical Context

The Board of Regents was first created by legislative act in 1837, and the regents as a body corporate have been defined in the Constitution of Michigan since 1850. The board of regents is one of three elected university governing boards defined by the constitution of Michigan; the Michigan State University board of trustees and the Wayne State University board of governors are also elected in a similar manner. The terms of the regents and their method of selection have undergone several changes since 1837, but the board has served as a continuous body since then.

Early Governance

In 1817, Michigan Chief Justice Augustus B. Woodward drafted a territorial act establishing a "Catholepistemiad, or University, of Michigania." The territorial act was signed into law August 26, 1817, by Woodward, Judge John Griffin, and acting governor William Woodbridge (in place of Governor Lewis Cass, who was absent on a trip with President James Monroe). Prior to 1850, the University of Michigan in its various incarnations was a product of the Michigan Legislature (or its territorial equivalents), and the Board of Regents and its predecessors were subject to oversight and control by the Legislature.

Constitutional Independence

The state constitution of 1850 made the Regents of the University of Michigan a statewide elected body. This ruling established the precedent that regents are constitutional officers and the Board of Regents is an independent body answerable to the people of the state, not to the Governor or Legislature.

Current Structure and Composition

The current board of regents consists of eight regents, two of whom are elected on a partisan statewide ballot every two years to an eight-year term, plus the president of the University of Michigan as an ex officio member. Length of term is 8 years. The regents (excepting the president) serve without compensation, and meet once a month in public session. Every two years, two of the Regents come up for reelection.

Election and Representation

Every voter in the state of Michigan has a say in these Regents’ election, with each Regent serving an eight-year term. Michigan has 15 public universities, but only the board members of the University of Michigan, Michigan State University, and Wayne State University are chosen in partisan elections.

Board Meetings and Procedures

Emergency action may be taken by the board between meetings if and when any matter arises which, in the opinion of the president, or any three members of the board, requires official action by the board prior to the next meeting. Notice of special meetings will be given to each member of the board at least two days in advance and will state the purpose of the meeting. In the absence of specific provisions to the contrary, faculties, committees, boards, and other deliberative bodies within the university will follow the rules of parliamentary procedure prescribed in Robert’s Rules of Order Newly Revised, 10th ed.

Leadership Structure

The president of the university will preside at meetings of the board, without the right to vote. There will be a chair and vice chair of the board, each of whom will serve a one-year term commencing on July 1 of each year and ending on June 30 of the succeeding year. The chair will be the board member with most seniority on the board, and the vice chair will be the board member with second most seniority on the board.

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Committees

The chair may establish ad hoc committees of the board and the board will prescribe their duties and functions. The president of the University or the president’s designee will serve as an ex officio member without vote of all such committees. There will be four standing committees of the Board of Regents, each composed of less than a quorum of the members of the board, appointed by the chair. These committees will advise the Board of Regents on matters pertaining to their subject areas and will present periodic reports and recommendations, but will not have the power to bind the Board of Regents on any matter.

The Finance, Audit and Investment Committee: This committee will provide assistance to the board in fulfilling its responsibilities relating to the adequacy and effectiveness of the University’s internal controls and financial reporting and investment policies and practices.
The Personnel, Compensation and Governance Committee: This committee will assist the board in evaluating the performance of and determining the compensation for the president. It will advise the president on the performance of and compensation for the executive officers, and will, from time to time, review compensation-related data in order to maintain and enhance the University’s competitive status in higher education. The Committee will review the University leadership’s progress on diversity.

Key Responsibilities

University board members oversee financial operations at the institution and are responsible for the hiring of the university’s president and other key responsibilities - per the state constitution.

The board is also in effect Schlissel’s boss, having the power to remove him from his position as the head of the University.

Financial Oversight

The board takes on a number of other contentious issues. The board decided to increase tuition by 1.9% at an emergency meeting after a previous vote failed.

Infrastructure and Development

Regents are involved in overseeing construction projects, including the Michigan Union, the LSA Building and additions to Michigan Medicine.

Current Issues and Challenges

The board takes on a number of other contentious issues.

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Student Representation

LSA sophomore Renee Boudreau is part of Students Demand Representation, which is spearheading this effort. “I honestly do not see any improved future for the University without student representation,” Boudreau said. “I think that administration has consistently pretended to understand student experiences and pretended to understand these experiences more than (students) understand (their own experiences). Other peer institutions like the University of Texas and University of California systems have student representation on their governing bodies.

Divestment from Fossil Fuels

The board has faced pressure to divest the University’s endowment from fossil fuels. “We really do want divestment from fossil fuels, and pretty immediately,” Bishop said. “The fact that they essentially said that they would make movement on (divestment), and then have been ignoring any further requests for updates is pretty disgusting.

Equitable Funding

Others are pressing the board to increase the resources allocated to Flint and Dearborn. The One University Campaign was founded to promote equitable funding across the University’s three campuses.

Student Involvement

“It’s very difficult to get the regents involved with the student body,” Bishop said. “They have a vested interest in keeping decision-making cloistered away and not involving student voices. “I think it’s hugely important for students to be involved with the decisions that the regents make,” Bishop said. “Ultimately, this university is a huge part of us. It is our community. It’s supposed to be serving us.

Ethical and Legal Considerations

Regents and executive officers of the University of Michigan, and the senior officers of the University at Dearborn and at Flint, will at all times act in a manner consistent with their fiduciary responsibilities to the university and will exercise particular care that no detriment to the university results from conflicts between their interests and those of the university.

Conflict of Interest Policy

If a regent or an executive/senior officer believes that he or she may have a conflict of interest, the regent or executive/senior officer will promptly and fully disclose the conflict to the secretary of the Board of Regents and should refrain from participating in any way in the matter to which the conflict relates until the conflict question has been resolved.

A regent or executive/senior officer is considered to have a conflict of interest when the regent or executive/senior officer or any of his or her family or associates, either (i) has an existing or potential financial or other interest which impairs or might appear to impair the regent’s or executive/senior officer’s independence of judgment in the discharge of responsibilities to the university, or (ii) may receive a material, financial, or other benefit from knowledge of information confidential to the university.

Public Engagement and Transparency

Minutes of formal sessions of the Board of Regents will be kept by the vice president and secretary of the university and will be published in the Proceedings of the Board of Regents for the historical record.

Access to Information

The agenda for business will be prepared by the president, in consultation with the chair and vice chair of the board and the vice president and secretary of the university. It will be provided to each regent at least seven days before the next scheduled meeting of the board. The regents may also consider and act upon items for which they have not had such notice.

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