New Jersey § 18a:64n-9

§ 18a:64n-9.

The board of trustees of Montclair State University shall have the general supervision

over and be vested with the conduct of the university. It shall have the power and duty to: a. Adopt, use, and modify, as it deems appropriate, its corporate seal; b. Determine the educational curriculum and program of the university, including approving

the establishment of new educational programs, departments, or schools, and the discontinuance

of existing educational programs, departments, or schools at the university, provided

that the action is consistent with the university's programmatic mission and that

the action is reviewed by the New Jersey President's Council pursuant to subsection

c. of section 8 of P.L.1994, c. 48 ( C.18A:3B-8 ) or approved by the Secretary of Higher Education pursuant to subsection f. of section

14 of P.L.1994, c. 48 ( C.18A:3B-14 ), as applicable; c. Determine policies for the organization, administration, and development of the

university; d. Study the educational and financial needs of the university, annually acquaint

the Governor and Legislature with the condition of the university, and prepare and

submit an annual request for appropriation to the Division of Budget and Accounting

in the Department of the Treasury in accordance with law; e. Disburse all moneys appropriated to the university by the Legislature and all moneys

received from tuition, fees, auxiliary services and other sources; f. Direct and control expenditures and transfers of funds appropriated to the university

in accordance with the provisions of the State budget and appropriation acts of the

Legislature, and, as to funds received from other sources, direct and control expenditures

and transfers in accordance with the terms of any applicable trusts, gifts, bequests,

or other special provisions, reporting changes and additions thereto and transfers

thereof to the Director of the Division of Budget and Accounting in the Department

of the Treasury. All accounts of the university shall be subject to audit by the State at any time; g. In accordance with the provisions of the State budget and appropriation acts of

the Legislature, appoint and fix the compensation and term of office of a president

of the university who shall be the executive officer of the university and an ex officio

member of the board of trustees, without vote, and shall serve at the pleasure of

the board of trustees; h. In accordance with the provisions of the State budget and appropriation acts of

the Legislature, appoint, upon nomination of the president, such deans and other members

of the academic, administrative, and teaching staffs as shall be required and fix

their compensation and terms of employment; i. Consistent with the provisions of its budget, this act and any and all controlling

collective bargaining agreements, have the power, upon nomination or recommendation

of the president, to appoint, remove, promote and transfer all other officers, agents,

or employees which may be required to carry out the provisions of this act and prescribe

qualifications for those positions, and assign requisite duties and determine and

fix respective compensation for those positions in accordance with duly adopted salary

program parameters; j. Grant diplomas, certificates or degrees; k. Enter into contracts and agreements with the State or any of its political subdivisions

or with the United States, or with any public body, department or other agency of

the State or the United States, including any public institution of higher education

in the State or their subsidiaries or affiliates, or with any individual, firm or

corporation which are deemed necessary or advisable by the board for carrying out

the provisions of this act. A contract or agreement pursuant to this subsection may require a municipality to

undertake obligations and duties to be performed subsequent to the expiration of the

term of office of the elected governing body of such municipality which initially

entered into or approved said contract or agreement, and the obligations and duties

so incurred by such municipality shall be binding and of full force and effect, notwithstanding

that the term of office of the elected governing body of such municipality which initially

entered into or approved said contract or agreement, shall have expired; l . Exercise the right of eminent domain, pursuant to the provisions of the “Eminent

Domain Act of 1971,” P.L.1971, c. 361 ( C.20:3-1 et seq. ), to acquire any property or interest therein; m. Adopt, after consultation with the president and faculty, bylaws and make and promulgate

such rules, regulations, and orders, not inconsistent with the provisions of this

act as are necessary and proper for the administration and operation of the university

and the carrying out of its purposes; n. Establish fees for room and board sufficient for the operation, maintenance, and

rental of student housing and food services facilities; o . Fix and determine tuition rates and other fees to be paid by students; p. Accept from any government or governmental department, agency or other public or

private body or from any other source grants or contributions of money or property

which the board may use for or in aid of any of its purposes; q. Acquire, by gift, purchase, condemnation or otherwise, own, lease, dispose of,

use and operate property, whether real, personal or mixed, or any interest therein,

which is necessary or desirable for university purposes; r. Employ architects to plan buildings; secure bids for the construction of buildings

and for the equipment thereof; make contracts for the construction of buildings and

for equipment; and supervise the construction of buildings; s. Manage and maintain, and provide for the payment of all charges on and expenses

in respect of, all properties utilized by the university; t. Borrow money and to secure the same by a mortgage on its property or any part thereof,

and to enter into any credit agreement for the needs of the university, as deemed

requisite by the board, in such amounts and for such time and upon such terms as may

be determined by the board, provided that no such borrowing shall be deemed or construed

to create or constitute a debt, liability, or a loan or pledge of the credit or be

payable out of property or funds, other than moneys appropriated for that purpose,

of the State; u. Authorize any other new program, educational department or school; v. (1) Adopt standing operating rules and procedures for the purchase of all equipment,

materials, supplies and services; however, no contract on behalf of the university

shall be entered into for the purchase of services, materials, equipment and supplies,

for the performance of any work, or for the hiring of equipment or vehicles, through which the workers employed in the performance of the contract are paid in

accordance with the “New Jersey Prevailing Wage Act,” P.L.1963, c. 150 ( C.34:11-56.25 et seq. ), where the sum to be expended exceeds $33,000 or the amount determined by the Governor

as provided herein, unless the university shall first publicly advertise for bids

and shall award the contract to that responsible bidder whose bid, conforming to the

invitation for bids, will be most advantageous to the university, price and other

factors considered. Such advertising shall not be required in those exceptions created by the board

of trustees of the university, which shall be in substance those exceptions contained

in sections 4 and 5 of P.L.1954, c. 48 ( C.52:34-9 and C.52:34- 10) and section 5 of P.L.1986, c. 43 ( C.18A:64-56 ) or for the supplying of any product or the rendering of any service by a public

utility subject to the jurisdiction of the Board of Public Utilities of this State

and tariffs and schedules of the charges made, charged, or exacted by the public utility

for any such products to be supplied or services to be rendered are filed with the

said board. (2) Adopt standing operating rules and procedures for the purchase of all equipment,

materials, supplies, and services; however, no contract on behalf of the university

shall be entered into for the purchase of services, materials, equipment, and supplies,

for the performance of any work, or for the hiring of equipment or vehicles, through

which the workers employed in the performance of the contract are not paid in accordance

with the “New Jersey Prevailing Wage Act,” P.L.1963, c. 150 ( C.34:11-56.25 et seq. ), where the sum to be expended exceeds $100,000 or the amount determined by the Governor

as provided in this subsection, unless the university shall first publicly advertise

for bids and shall award the contract to that responsible bidder whose bid, conforming

to the invitation for bids, will be most advantageous to the university, price and

other factors considered. This advertising shall not be required in those exceptions created by the board

of trustees of the university, which shall be in substance those exceptions contained

in sections 4 and 5 of P.L.1954, c. 48 ( C.52:34-9 and C.52:34-10 ) and section 5 of P.L.1986, c. 43 ( C.18A:64-56 ) or for the supplying of any product or the rendering of any service by a public

utility subject to the jurisdiction of the Board of Public Utilities of this State

and tariffs and schedules of the charges made, charged, or exacted by the public utility

for any products to be supplied or services to be rendered are filed with the board. (3) Commencing July 1, 2017 and every two years thereafter, the Governor, in consultation

with the Department of the Treasury, shall adjust the threshold amounts set forth in this subsection in direct proportion to the rise or fall of the consumer price index for all urban

consumers in the New York City and the Philadelphia areas as reported by the United

States Department of Labor. The Governor shall notify the university of the adjustment. The adjustment shall become effective on July 1 of the year in which it is reported. (4) This subsection shall not prevent the university from having any work performed by

its own employees, nor shall it apply to repairs, or to the furnishing of materials,

supplies or labor, or the hiring of equipment or vehicles, when the safety or protection

of its or other public property or the public convenience requires or the exigency

of the university's service will not admit of such advertisement. In such case, the university shall, by resolution passed by the affirmative vote

of its board of trustees, declare the exigency or emergency to exist, and set forth

in the resolution the nature and approximate amount to be expended; shall maintain

appropriate records as to the reason for such awards; and shall report regularly

to its board of trustees on all such purchases, the amounts and the reasons therefor; w. Invest certain moneys in such obligations, securities and other investments as

the board shall deem prudent, consistent with the purposes and provisions of this

act and in accordance with State and federal law, as follows: Investment in nonprofit corporations or for-profit corporations organized and operated

pursuant to the provisions of subsection x. of this section may utilize income realized

from the sale or licensing of intellectual property as well as the reinvestment of

earnings on intellectual property. Investment in nonprofit corporations may also utilize income from overhead grant

fund recovery as permitted by federal law as well as other university funds except

those specified in paragraph 5 of subsection x. of this section; x. (1) Participate as the general partner or as a limited partner, either directly

or through a subsidiary corporation created by the university, in limited partnerships,

general partnerships, or joint ventures to support such purposes including, but not

limited to, those engaged in the development, manufacture, or marketing of products,

technology, scientific information or services and create or form for-profit or nonprofit

corporations to engage in such activities; provided that: (a) any such participation shall be consistent with the mission of the university; (b) the board shall have determined that such participation is prudent; and (c) unit work performed by employees of the university represented by one of the existing

executive branch Statewide collective negotiations units is not transferred to the

subsidiary corporation, limited partnership, general partnership, or joint venture

created pursuant to this subsection or to persons employed by such subsidiary corporation,

limited partnership, general partnership, or joint venture; (2) The decision to participate in any activity described in paragraph (1) of this

subsection, including the creation or formation of for-profit or nonprofit corporations,

shall be articulated in the minutes of the board of trustees meeting in which the

action was approved; (3) The provisions of P.L.1971, c. 182 ( C.52:13D-12 et seq. ) shall continue to apply to the university, its employees, and officers; (4) Nothing herein shall be deemed or construed to create or constitute a debt, liability,

or a loan or pledge of the credit or be payable out of property or funds of the State; (5) Funds directly appropriated to the university from the State or derived from the

university's academic programs shall not be utilized by the for-profit or nonprofit

corporations organized and operated pursuant to this subsection in the development,

manufacture, or marketing of products, technology or scientific information; (6) Employees of any joint venture, subsidiary corporation, partnership, or other

jural entity formed, entered into, or owned wholly or in part by the university shall

not be deemed public employees, however, any public employees of the university who

may be assigned to support any joint venture, subsidiary corporation, partnership,

or other jural entity formed, entered into, or owned wholly or in part by the university

shall continue to be deemed public employees; (7) A joint venture, subsidiary corporation, partnership, or other jural entity entered

into or owned wholly or in part by the university shall not be deemed an instrumentality

of the State of New Jersey; (8) Income realized by the university pursuant to this subsection may be invested,

reinvested, or retained by the board in accordance with the provisions of this act

or State or federal law for use in furtherance of any of the purposes of this act

or of other applicable statutes; (9) The board shall annually report to the State Treasurer on the operation of all

joint ventures, subsidiary corporations, partnerships, or such other jural entities

entered into or owned wholly or in part by the university; and (10) This subsection shall apply if a joint venture, subsidiary corporation, partnership,

or other jural entity entered into or owned wholly or in part by the university, is

expressly formed, created, or owned by the university pursuant to the authority set

forth in this subsection. Further, this subsection shall in no way be construed to prohibit or limit the university

from separately pursuing any other activities permitted by the authority granted under

this act, or separately utilizing any other powers expressly authorized by this act

for any activity consistent with the university's institutional mission, including

to participate as the general partner or as a limited partner, either directly or

through a subsidiary corporation created by the university, in limited partnerships,

general partnerships, or joint ventures, otherwise than pursuant to this subsection; y. Sue and be sued in its own name; z. Retain independent counsel including representation by the Attorney General in

accordance with subsection h. of section 6 of P.L.1994, c. 48 ( C.18A:3B-6 ) and, notwithstanding any other provision of law to the contrary, if the university

elects not to be represented by the Attorney General in any matter in which the university

is solely responsible for any potential liability, it shall be permitted to do so

upon notice to the Attorney General; aa. (1) Procure and enter into contracts for any type of insurance and indemnify and

defend against loss or damage to property from any cause, including loss of use and

occupancy, against death or injury of any person, against employees' liability, against

any act of any member, officer, employee or servant of the university, whether part-time,

full-time, compensated or non-compensated in the performance of the duties of his

office or employment or any other insurable risk. In addition, the university shall carry its own liability insurance or maintain

an actuarially sound program of self-insurance. Any joint venture, subsidiary corporation, or partnership or such other jural entity

entered into or owned wholly or in part by the university shall carry insurance or

maintain reserves in such amounts as are determined by an actuary to be sufficient

to meet its actual or accrued claims; (2) Moneys in the fund known as the Self-Insurance Trust Fund administered by the

State Treasurer shall continue to be available to the university solely to indemnify

and defend claims against the university and its employees, officers and servants

but only to the extent that the university has elected on behalf of itself and its

employees to obtain representation from the Attorney General pursuant to subsection

h. of section 6 of P.L.1994, c. 48 ( C.18A:3B-6 ) and such entity or individuals would have been entitled to defense and indemnification

pursuant to the “New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq. , as a State entity or State employee but for the provision of subsection z. of this

section. Any expenditure of such funds shall be made only in accordance with the provisions

of the “New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq. , including but not limited to the provisions of chapters 10, 10A and 11 of Title

59 of the New Jersey Statutes. Nothing herein shall be construed to authorize the use of the Self-Insurance Trust

Fund to indemnify or insure in any way, directly or indirectly the activities of any

joint venture, partnership or corporation entered into or created by the university

pursuant to subsection x. of this section; bb. Create auxiliary organizations subject to the provisions of P.L.1982, c. 16 ( C.18A:64-26 et seq. ); cc. Adopt a code of ethics that complies with the requirements of all statutes applicable

to the institution, including, but not limited, to the “Higher Education Restructuring

Act of 1994,” P.L.1994, c. 48 ( C.18A:3B-1 et al.), the “New Jersey Conflicts of Interest Law,” P.L.1971, c. 182 ( C.52:13D-12 et seq. ), regulations of the State Ethics Commission, and any applicable executive orders; dd. Establish a procedure for the confidential, anonymous submission of employee concerns

regarding alleged wrongdoing at the university; and ee. Merge or consolidate, including through or with subsidiary corporations created

by the university, with one or more other nonprofit corporations formed and operated

primarily for educational purposes and exempt under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code

of 1986 ( 26 U.S.C. s.501(c)(3) ), as the board of trustees may determine, but consistent with the public purposes

of the corporation, and shall assume any vested rights, grants, charter rights, privileges,

exemptions, immunities, powers, prerogatives, franchises or advantages, debts, or

liabilities of the nonprofit corporation. A merger or consolidation with a subsidiary corporation created by the university

pursuant to this subsection occurring after the effective date of P.L.2023, c. 65 ( C.18A:64N-9.1 et al.) shall not require approval of the Office of the Attorney General.