II.B. – Appointment Authority and Procedures – 04-2020

1. Nothing herein may be construed to be in limitation of the powers of the Board as defined by Sections 33-3006, 33- 3104, 33- 2806, and 33- 4005, Idaho Code, or as otherwise defined in the Idaho Constitution or Code.

2. Delegation of Authority

1. The Board delegates all authority for personnel management not specifically retained to the executive director and the chief executive officers consistent with the personnel policies and procedures adopted by the Board. In fulfilling this responsibility, the executive director and chief executive officers, or their designees, may exercise their authority consistent with these policies and procedures. Provided, however, that the Board retains the authority for taking final action on any matter so identified anywhere in these policies and procedures.
2. Within the general delegation of authority in the preceding paragraph a. above, the chief executive officers shall have the authority to manage, supervise and control the personnel and human resources of the insti tutions and agencies. Organizational structure, duty assignments, place of work, shift placement, salaries, work hour adjustments, benefit determinations, reductions in force and all similar and related work place decisions are the prerogative of the chief executive officers except or unless as limited by other applicable provisions of Board or institutional policy.
3. Without limiting the general description of b. above, the authority delegated to each chief executive officer includes the authority, in the chief executive officer’s discretion, to reduce expenditures to respond to financial challenges ( without a financial exigency declaration by the Board) and to maintain sound fiscal management. In such cases, the chief executive officer may take employment actions which are uniform across the entire institution, or uniform across institution budgetary units, but may not include actions requiring a financial exigency declaration by the Board. Such actions may include work hour adjustments such as furloughs or other unpaid leave as long as such are uniform across budgetary units or uniformly tiered as applied to certain salary levels or classifications. Work hour adjustments may be pro- rated based on annual salary levels to equitably reduce the financial ha rdship of the adjustments on lower level employees. Institutions shall adopt internal policies for implementing the employment actions in a manner consistent with the Board’s policies and procedures, and furnish thes e policies to the Board.
4. In implementing any such actions described in the preceding paragraph c. above, the institution shall seek the input from the faculty, non- classified staff and
   classified staff employee groups. Such groups will be given at least twenty-one (21) calendar days to provide their input on the proposed actions as provided for in the policies of the institution. The institution shall, once such input is taken and considered by the chief executive officer, establish procedures that provide for at least thirty (30) days written notice prior to the effective date of the action and an opportunity for an affected employee to be heard. The notice must include the effective date of the employment action, a statement of the basis for the employment action, and a description of the process to be heard. Such process shall be comparable to the process for review described in Board Policy Section II.N.7.a. The employee may contest the action only based on whether the action, with respect to that employee, violates the procedural requirements of this policy, applicable institutional policy or constitutional or statutory protections for that employee. The employee may not challenge the chief executive officer’s determination that a reduction in budgetary expenditures is necessary, nor contest the chief executive officer’s chosen means of addressing the reduction need, unless such means violate constitutional or statutory protections for the employee.
5. In the event of a natural disaster, pandemic, Governor’s declaration of emergency, or other unforeseen catastrophe resulting in financial challenges requiring the chief executive officer to act quickly, the Board may suspend the uniformity provisions required in paragraph 2.c. and the requirement for seeking faculty and staff input and subsequent timelines provided for in paragraph 2.d . If the Board takes such action, each institution shall report its proposed plan to the Board, and shall ensure that all proposed action is permissible under applicable law. Plans shall address notification to impacted employees. Once the Board determines that the crisis has concluded, the provisions of paragraphs 2.c. and 2.d. shall be immediately reinstated.

3. Specifically Reserved Board Authority (Note: This is not an exclusive or exhaustive list and other reservations of Board authority may be found in other areas of these policies and procedures.) Board approval is required for the following:

1. Position Authorizations
   Any position at a level of vice- president (or equivalent) and above, regardless of funding source, requires Board approval.
   Agenda Item Format: Requests for new position authorizations must include the following information:
   1. Position title;
   2. Type of position;
   3. FTE;
   4. Term of appointment;
   5. Effective date;
   6. Approximate salary range;
   7. Funding source; and
   8. A description of the duties and responsibilities of the position.
2. The initial appointment of an employee to any type of position at a salary that is equal to or higher than 75% of the chief executive officer’s annual salary.
3. The employment agreement, and all amendments thereto, of any coach or athletic director (at the institutions only) longer than three (3) years, or for a total annual compensation amount of $200,000 or higher. Policies applicable to employment agreements for athletic directors and coaches are found in Section II.H.
4. The criteria established by the institutions for initial appointment to faculty rank and for promotion in rank, as well as any additional faculty ranks and criteria as may be established by an institution other than those provided for in these policies (see Section II. G.) Any exceptions to the approved criteria also require Board approval.

For the procedures established for periodic performance reviews of tenured faculty members see Section II. G.