Council for Education Policy, Research and Improvement Council Meeting August 13, 2003 Ft. Myers,...

Council for Education Policy, Council for Education Policy, Research and ImprovementResearch and Improvement

Council MeetingCouncil MeetingAugust 13, 2003August 13, 2003Ft. Myers, FloridaFt. Myers, Florida

Multi-Year ContractsMulti-Year Contracts• One Legislature can not bind a future One Legislature can not bind a future

LegislatureLegislature

• Due to the separation of powers, the Due to the separation of powers, the executive branch can not bind the executive branch can not bind the legislature in funding executive legislature in funding executive agreementsagreements

• Contracts must contain funding Contracts must contain funding contingency statementcontingency statement

• Constitution can bind the LegislatureConstitution can bind the Legislature

ContractContract

• Contract Template – Contract Template – p. 3p. 3

• Contract Specifications – Contract Specifications – p. p. 55

• Process – Process – p. 17p. 17

Contract TemplateContract Template

• Parties to the Contract: University and…Parties to the Contract: University and…– Legislature?Legislature?– Board of Governors?Board of Governors?– State Board of Education?State Board of Education?– Governor?Governor?

• Staff Recommendation:Staff Recommendation:– Contract should be between the Contract should be between the

University and the Board of GovernorsUniversity and the Board of Governors

ProposedProposed Contracting Process Contracting Process

• CEPRI Submits Report Nov. 1, 2003CEPRI Submits Report Nov. 1, 2003• BOG Recommends Process to LegislatureBOG Recommends Process to Legislature• Legislature Statutorily Authorizes ProcessLegislature Statutorily Authorizes Process• BOG Develops Process within Legislative BOG Develops Process within Legislative

FrameworkFramework• University Develops ProposalUniversity Develops Proposal• CEPRI Recommends Criteria for BOG to CEPRI Recommends Criteria for BOG to

Use in Evaluating University ProposalsUse in Evaluating University Proposals• BOG & Univ. Negotiate & Sign ContractBOG & Univ. Negotiate & Sign Contract• University Implements ContractUniversity Implements Contract• BOG Submits Annual ReportsBOG Submits Annual Reports• CEPRI Reviews after Three YearsCEPRI Reviews after Three Years


• ConsiderationConsideration– Appropriate?Appropriate?– Recommend?Recommend?– Request?Request?

• Staff Recommendation: Staff Recommendation: – ““Request” (for Board of Governors)Request” (for Board of Governors)


• Point of Contact for Point of Contact for First PartyFirst Party– Chancellor?Chancellor?– Commissioner?Commissioner?– Governor’s staff?Governor’s staff?– Legislative staff?Legislative staff?

• Staff RecommendationStaff Recommendation– Chancellor (for Board of Governors)Chancellor (for Board of Governors)


• Point of Contact for University:Point of Contact for University:– President?President?– Provost?Provost?

• Staff Recommendation:Staff Recommendation:– President or his/her designeePresident or his/her designee


• Term of Contract: Effective DateTerm of Contract: Effective Date– Immediately?Immediately?– July 1 of subsequent fiscal year?July 1 of subsequent fiscal year?

• Staff Recommendation:Staff Recommendation:– July 1 of subsequent fiscal yearJuly 1 of subsequent fiscal year


• Term of Contract: Ending DateTerm of Contract: Ending Date– June 30June 30thth of first fiscal year? of first fiscal year?– June 30June 30thth of fifth fiscal year? of fifth fiscal year?– June 30June 30thth of tenth fiscal year? of tenth fiscal year?

• Staff Recommendation:Staff Recommendation:– June 30June 30thth of fifth fiscal year of fifth fiscal year


• Resolution of Disputes:Resolution of Disputes:– Mandatory arbitration?Mandatory arbitration?– State Board of Education?State Board of Education?– The court system?The court system?

• Staff Recommendation:Staff Recommendation:– Mandatory arbitrationMandatory arbitration

Contract TemplateContract Template• Execution by the Execution by the First PartyFirst Party::

– Chair of Board of Governors?Chair of Board of Governors?– Chancellor?Chancellor?– Commissioner?Commissioner?– Chair of State Board of Education?Chair of State Board of Education?– President & Speaker?President & Speaker?– Governor?Governor?

• Staff Recommendation:Staff Recommendation:– Chair of Board of Governors AND Chair of Board of Governors AND

Chancellor, Chancellor, upon approval of BOGupon approval of BOG


• Execution by the University:Execution by the University:– Chair of Board of Trustees?Chair of Board of Trustees?– President?President?

• Staff Recommendation:Staff Recommendation:– Chair of Board of Trustees AND Chair of Board of Trustees AND

President – President – upon approval of upon approval of Board of TrusteesBoard of Trustees

Contract SpecificationsContract Specifications

• Performance Expectations:Performance Expectations:– Programs and Services Programs and Services – Aug. & Sept.– Aug. & Sept.– Customer Satisfaction Customer Satisfaction - September- September

• Fiscal Specifications:Fiscal Specifications:– Tuition Flexibility Tuition Flexibility – July, August & – July, August &

Sept.Sept.– Financial Aid Financial Aid – July, August & – July, August &

SeptemberSeptember– Base Appropriations Base Appropriations - September- September– Funding Increases Funding Increases - September- September– Fixed Capital Outlay Fixed Capital Outlay - September- September

• Incentives and Penalties Incentives and Penalties - September- September

Council for Education Policy, Research and Improvement Council Meeting August 13, 2003 Ft. Myers,...

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