The Board of Trustees of Illinois State University is a public corporation established by 110 ILCS 675 to "operate, manage, control and maintain Illinois State University in accordance with the rights, powers and duties now or hereafter vested by law in the Board." The Board has been given by statute the usual powers and duties of public corporations, including the power to contract; to sue and be sued; to acquire property by purchase, eminent domain or otherwise; to hold and convey real property for the benefit of the people of the State of Illinois and for the use of Illinois State University; and to expend funds appropriate to Illinois State University, with the proviso that the Board shall not create any liability or indebtedness of funds from the State Treasury in excess of the funds appropriated to Illinois State University.
The General Assembly of the State of Illinois has set a number of statutory limitations upon the Board's exercise of its powers. Included among these limitations are the powers given to the Illinois Board of Higher Education to carry out such coordinating functions as the approval or disapproval of new units of instruction, research and public service proposed by the Board of Trustees
The Board is also directed by statute to carry out its powers and duties through the adoption of rules, regulations and bylaws and through the employment of a President and all other necessary officers and employees of the University. It is through the adoption of policies, rules, regulations and bylaws and through the employment of a President that the Board primarily acts to exercise its statutory powers. The Board is the final institutional authority and, therefore, the Board of Trustees Governing Document has precedence over the university constitution, and policies and procedures of the University. Where the Board of Trustees Governing Document conflicts with the Illinois State University Constitution or policies and procedures of the University, or policies and procedures of units of the University, the Board of Trustees Governing Document shall prevail.
In general, the Board will act to ensure that the University is administered in a manner that is in compliance with the Board of Trustees Governing Document as well as with fiscal and legal mandates and requirements, by holding the President accountable for such compliance, rather than through processes which require advance review and/or approval by the Board of university documents or administrative actions. In order to achieve and maintain this desired accountability, the Board will refrain from participating in the day-to-day management decisions and actions of the University, and it hereby delegates responsibility for the administration and management of Illinois State University to the President of the University. Except in limited instances and except when specifically provided for in university documents approved by the Board, the Board of Trustees will not serve as an appellate body for decisions made by the President or university administration.
In carrying out their statutory responsibilities, members of the Board as representatives of the State and its citizens, may exercise official Board authority only when the Board or a committee of the Board is in session or when they are acting on behalf of the Board pursuant to its direction.
adopted: 05/09/1997
