Code of Virginia - Title 23 Educational Institutions - Chapter 4.10 Restructured Higher Education Financial And Administrative Operations Act

23-38.88 Eligibility for restructured financial and administrative operational authority
A. Public institutions of higher education shall be eligible for the following restructured financial and operational authority: 1. To dispose of their surplus materials at ...

23-38.89 Definitions
As used in this chapter, the following terms have the following meanings, unless the context requires otherwise: "Bonds, notes or other obligations" means bonds, notes, ...

23-38.90 Memoranda of understanding
Effective July 1, 2008, any public institution of higher education may enter into a memorandum of understanding with the appropriate Cabinet Secretary or Secretaries, as ...

23-38.91 Responsibility and accountability for management of institution; governance
A. The Board of Visitors and administration of a public university or college of the Commonwealth that meets the requirements of this subchapter to demonstrate ...

23-38.92 Scope of subchapter
A. Any public institution of higher education that complies with the requirements of this subchapter shall thereafter have the powers and authority set forth in ...

23-38.93 Educational policies of the Commonwealth; other requirements
A. For purposes of §§ 2.2-5004, 23-1.01, 23-1.1, 23-2, 23-2.1, 23-2.1:1, 23-3, 23-4.2, 23-4.3, 23-4.4, 23-7.1:02, 23-7.4, 23-7.4:1, 23-7.4:2, 23-7.4:3, 23-7.5, 23-8.2:1, 23-9.1, 23-9.2, 23-9.2:3, ...

23-38.94 Audits
The Auditor of Public Accounts or his legally authorized representatives shall audit annually accounts of all covered institutions and shall distribute copies of each annual ...

23-38.95 Public access to information
A covered institution shall continue to be subject to § 2.2-4342 and to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et ...

23-38.96 Conflicts of interests
The provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) that are applicable to officers and employees of a ...

23-38.97 Eligibility requirements and procedures; management agreement
A. Any public institution of higher education may initiate the process to be governed by this subchapter by complying with the following requirements: 1. An ...

23-38.98 Revocation of management agreement
An institution's status as a covered institution may be revoked by an act of the General Assembly (i) if the institution fails to meet the ...

23-38.99 Powers and authority generally
In addition to those powers granted in each covered institution's enabling legislation and in the appropriation act, a covered institution, subject to the express provisions ...

23-38.100 Operation of projects
A. A covered institution may acquire, plan, design, construct, own, rent as landlord or tenant, operate, control, remove, renovate, enlarge, equip, and maintain, directly or ...

23-38.101 Creation of entities; participation in joint ventures
A. A covered institution may create or assist in the creation of; may own in whole or in part or otherwise control; may participate in ...

23-38.102 Campus police
A covered institution may continue to operate or establish a campus police department in accordance with the provisions of Chapter 17 (§ 23-232 et seq.), ...

23-38.103 Tuition, fees, rentals, and other charges; moneys
A covered institution shall fix, revise from time to time, charge and collect tuition, rates, rentals, fees and other charges for the services, goods, or ...

23-38.104 Financial operations of covered institutions
A. Subject to such accountability measures and audits as are provided in this subchapter or as may otherwise be specifically made applicable by other law ...

23-38.105 Investments of operating funds
A covered institution may invest its operating funds in any obligations or securities that are considered legal investments for public funds in accordance with Chapter ...

23-38.106 Records of financial transactions
The governing body of a covered institution shall adopt a system of independent financial management that includes bookkeeping and accounting procedures that have been prescribed ...

23-38.107 Financing and indebtedness
A. A covered institution shall have the authority to: 1. Borrow money and issue bonds, notes, or other obligations as provided in this subchapter and ...

23-38.108 Power to issue bonds, notes or other obligations
A. Notwithstanding the provisions of § 23-29, which shall be inapplicable to the exercise by a covered institution of the authority granted in this article, ...

23-38.109 Capital projects
A. All capital projects of a covered institution, whether funded by an appropriation of the General Assembly or otherwise, shall be approved by such institution's ...

23-38.110 Procurement; discrimination prohibited; participation of small, women-, and minority-owned busines...
A. Subject to the express provisions of the management agreement described in § 23-38.88, covered institutions may be exempt from the provisions of the Virginia ...

23-38.111 Information technology
Subject to the terms of the management agreement, covered institutions may be exempt from the provisions governing the Virginia Information Technologies Agency, Chapter 20.1 (§ ...

23-38.112 Acquisition, possession, operation, and disposition of property; acceptance of grants and loan...
A. Nothing in this subsection shall limit or reduce the authority granted to a covered institution in §§ 23-38.109 and 23-38.113, which shall govern the ...

23-38.113 Leases of property
The governing body of a covered institution shall adopt such policies relating to the leasing of real property, including capital or and/or leases, that reasonably ...

23-38.114 General; definition
A. Covered Employees are state employees of a covered institution of the Commonwealth of Virginia. Notwithstanding subsections B and C of this section, the state ...

23-38.115 Election by certain Covered Employees
A. If the governing body of a covered institution establishes a human resources program or programs pursuant to § 23-38.116, a salaried nonfaculty Covered Employee ...

23-38.116 Human resources programs
A. The governing body of each covered institution may elect to adopt for its nonfaculty participating Covered Employees either (i) one or more human resources ...

23-38.117 Grievance procedures
A. No covered institution shall be exempt from the State Grievance Procedure (§ 2.2-3000 et seq.), which shall continue to apply to all eligible nonfaculty ...

23-38.118 Miscellaneous personnel matters
A. All appointments to, and promotions and tenure in, positions in the service of a covered institution shall be based upon merit and fitness, to ...

23-38.119 Certain insurance plans; legal process and assignment
A. Insurance provided under this article and all proceeds therefrom shall be subject to the same provisions regarding exemption from levy, garnishment and other legal ...

23-38.120 Severance policies
A. Each covered institution shall adopt one or more severance policies for its eligible participating Covered Employees, applicable to voluntary or involuntary separations, including reductions ...

23-38.121 Restructured authority subject to management agreement
As provided in subsection D of § 23-38.88, no restructured financial or operational authority set forth in Subchapter 3 (§ 23-38.91 et seq.) of this ...