Adopt Section 600.1.6 of the UNC Policy Manual, Policy on Millennial Campuses

Situation: The UNC Policy Manual does not address the Board’s authority for the Centennial Campus, the Horace Williams Campus, and additional millennial campuses. The proposed Section 600.1.6 of the UNC Policy Manual will define the Board’s authority in support of G.S. 116-198.31.

Board of Governors' document institutions with millennial campus designations and the UNC System, indicates UNC System millennial campus alleged authorized in 2003 and 2022 and does not indicate a NCA&T/UNCG joint Millennial Campus. All alleged G.S.116-198.34(8b)designated University Millennial Campus took place prior to Adopt Section 600.1.6 of the UNC Policy Manual, Policy on Millennial Campuses.

In the 2000 legislative session, the General Assembly provided the Board of Governors with the authoirity to designate real property as a "Millennial Campus". A Millennial Campus is Real Property designated by UNC Board of Governors pursuant NCGS116-198.34 (8b) ....of a constituent institution, to designate real property held by, or to be acquired by, a constituent institution as a Millennial Campus" of the institution... that designation shall be based on an express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus. Upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meets the requirements of this section to create a joint Millennial Campus. § 116-198.34. General Powers of Board of Governors. Emphasis added. Video

Millennial Campus Boundary Change – The University of North Carolina at Charlotte 6/1/07

The President and his staff have completed the required consultations and have found that the activities to be performed on the Millennial Campus would advance regional economic development and that the campus has the administrative and fiscal capacity that is required to successfully administer the program.

It is recommended that the finding of the President and his staff be accepted and the request of the Board of Trustees of UNC Charlotte be approved.

Unambiguous the Board of Governors did not make express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus.

Created by the Office of the President Appendix G says: The President has completed the required consultations and recommends that the Board approve the request. The campuses have the administrative and fiscal capacity that is required and the activities to be performed on the Joint Millennial Campus would advance regional economic development. It is recommended that the land reallocated to the Board of Governors and the 75-acre parcel at North Carolina A&T State University be designated as a Joint Millennial Campus.

Created by the Office of the President Appendix G says: the Legislation states that The Board should act on the recommendation of the President after the President has consulted with the Chancellor and the Board of Trustees. Legislation in fact states the Board of Governors may act on recommendations by the president of the University of North Carolina System after consultation with the chancellor and the board of trustees of a constituent institution to designate real property held by, or to be acquired by, a constituent institution as a Millennial Campus of the institution.

Appendix G says, The designation shall be based on the express finding that the institution" has the administrative and fiscal capacity to create and maintain such a campus." Each Millennial Campus would function in a manner similar to the Centennial Campus at North Carolina State University and each would be exempt form the Provisions of the Umstead Act. The legislation is fact state: that designation shall be based on an express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus, ...

Appendix G says The President has completed the required consultations and recommends that the Board approve the request. The campuses have the administrative and fiscal capacity that is required and the activities to be performed on the Joint Millennial Campus would advance regional economic development.

It is recommended that the land reallocated to the Board of Governors and the 75-acre parcel at North Carolina A&T State University be designated as a Joint Millennial Campus.

Unambiguous pre-meeting material, Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro- Appendix G allegation "The campuses have the administrative and fiscal capacity that is required and the activities to be performed on the Joint Millennial Campus would advance regional economic development" was not an expressed decision by the Board of Governors.

UNC Board of Governors Approved Minutes Oct. 10, 2003

UNC Board of Governors Approved Minutes Oct. 10, 2003 does not indicate Board of Governors made required express finding that North Carolina A&T State University and The University of North Carolina at Greensboro "had the administrative and fiscal capacity to create and maintain Joint Millennial Campus. Nor the campuses have the administrative and fiscal capacity that is required and the activities to be performed on the Joint Millennial Campus would advance regional economic development.

Background: G.S. 116-198 Article 21B: The Centennial Campus, the Horace Williams Campus, and the Millennial Campuses Financing Act define the process for seeking the Millennial Campus designation. The legislation states that the Board of Governors may act on recommendations by the President of The University of North Carolina after consultation with the Chancellor and the Board of Trustees of a constituent institution to designate real property held by, or to be acquired by, a constituent institution as a Millennial Campus of the institution. Video

Section 8.(b) G.S. 116-198.34(8B) states, that the Board of Governors may act on recommendations by the President of The University of North Carolina after consultation with the Chancellor and the Board of Trustees of a constituent institution as a Millennial Campus of the institution. That designation shall be based on an express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus and provided further, that the Board of Governors has found that the creation of the constituent's institutions "Millennial Campus" will enhance research, teaching, and service missions as well as the economic development of the region served by the institution.

Issue Overview states, The 2000 session of the General Assembly authorized the Board of Governors to designate a Millennial Campus at each constituent institution when the Board finds that such a designation will enhance not only the institution's research, teaching, and service missions, but also the economic development of the region served by the institution. The legislation states that the Board should act on the recommendation of the president after the president has consulted with the chancellor and the board of trustees. The designation shall be based on the finding that the institution has the administrative and fiscal capacity to create and maintain such a campus. Each Millennial Campus would function in a manner similar to the Centennial Campus at North Carolina State University, and each would be exempt from the provisions of the Umstead Act. Emphasis added

RECOMMENDATION: The President has completed the required consultations and recommends that the Board approve the request for the University of North Carolina at Greensboro to be granted Millennial Campus status. The campus has the administrative and fiscal capacity that is required and the activities to be performed on the Millennial Campus would advance regional economic development. Recommendation was not express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus and provided further, that the Board of Governors has found that the creation of the constituent's institutions "Millennial Campus" will enhance research, teaching, and service missions as well as the economic development of the region served by the institution.

Committee on Budget and Finance minutes indicate the committee approved the designation as a Millennial Campus at UNC Greensboro.

BOG Approved Minutes May 19, 2017

Millennial Campus UNCG was approved on the Consent Agenda

Neither Committee on Budget and Finance nor Full Board of Governors Minutes May 19, 2017 indicate an express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus, nor the Board of Governors has found that creating the constituent institution’s Millennial Campus will enhance the university’s research, teaching, and service missions, as well as enhance the economic development of the region served by the institution; lacking which the Board of Governors did not have authority to designate UNC Greensboro Millennial Campus pursuant G.S. 116-198.34(8b).

G.S. 116-198 Article 21B: The Centennial Campus, the Horace Williams Campus, and the Millennial Campuses Financing Act define the process for seeking the Millennial Campus designation. The legislation states that the Board of Governors may act on recommendations by the president of the University of North Carolina System after consultation with the chancellor and the board of trustees of a constituent institution to designate real property held by, or to be acquired by, a constituent institution as a Millennial Campus of the institution. Emphasis added

That designation shall be based on an express finding by the Board of Governors that the institution desiring to create a Millennial Campus has the administrative and fiscal capability to create and maintain such a campus. Furthermore, the Board of Governors has found that creating the constituent institution’s Millennial Campus will enhance the university’s research, teaching, and service missions, as well as the economic development of the region served by the institution.

Issue Overview states, The 2000 session of the General Assembly authorized the Board of Governors to designate a Millennial Campus at each constituent institution when the Board finds that such a designation will enhance not only the institution's research, teaching, and service missions, but also the economic development of the region served by the institution. The legislation states that the Board should act (note statue states the board may act) on the recommendation of the president after the president has consulted with the chancellor and the board of trustees. The designation shall be based on the finding that the institution has the administrative and fiscal capacity to create and maintain such a campus. Each Millennial Campus would function in a manner similar to the Centennial Campus at North Carolina State University, and each would be exempt from the provisions of the Umstead Act. Emphasis added

RECOMMENDATION The president has completed the required consultations and recommends that the Board approve the request for Western Carolina University to be granted an expansion of its Millennial Campus status. The campus has the administrative and fiscal capacity that is required, and the activities to be performed on the Millennial Campus would advance regional economic development. Emphasis added.

Committee on Budget and Fiancé Meeting Material Millennial Expansion Request -WCU, May 23, 2018 sent to Board members prior to broad meeting, Recommendation states The campus has the administrative and fiscal capacity that is required, and the activities to be performed on the Millennial Campus would advance regional economic development, a decision unambiguous not a expressed finding by the Board of Governors. Action: This item requires a vote by the committee, with a vote by the full Board of Governors through the consent agenda.

Adopt Section 600.1.6 of the UNC Policy Manual, Policy on Millennial Campuses

116-198.31:The purpose of this Article is to authorize the Board of Governors of The University of North Carolina to issue revenue bonds, payable from any leases, rentals, charges, fees, and other revenues but with no pledge of taxes or the faith and credit of the State or any agency or political subdivision thereof, to pay the coast, in whole or part, of buildings, structure, or other facilities for the Centennial Campus, located at North Carolina at Chapel Hill, and the Horace Williams Campus located at the University of North Carolina at Chapel Hill, and for any Millennial Campus as defined by G.S. 116-198.33(4b).

Background: The Centennial Campus, the Horace Williams Campus, and the Millennial Campus Financing Act (G.S. 116-198.31) provided the Board certain authorities over the financing and development of the Centennial Campus at North Carolina State University, the Horace Williams Campus at the University of North Carolina-Chapel Hill, and additional millennial campuses designated by the Board at other constituent institutions. The UNC Policy Manual has not been updated to include the Board’s authority for the Centennial Campus, the Horace Williams Campus, or other millennial campuses. Section 600.1.6 of the UNC Policy Manual will be added to clarify the Board’s authority over millennial campus designation, as well as approvals related to issuing debt, acquisition and disposition of real property, capital projects, public-private partnership projects (P3 projects), and other related matters at the Centennial Campus, the Horace Williams Campus, and designated millennial campuses.

The policy also includes a requirement for annual reporting on millennial campus activities, including debt issuance, real property transactions, millennial campus real property and capital assets, and status of capital projects.

Assessment: The proposed Section 600.1.6 of the UNC Policy Manual, Policy on Millennial Campuses, is needed to define and clarify the Board’s authority for the Centennial Campus, the Horace Williams Campus, and other designated millennial campuses and to define the Board’s authority to approve millennial campus designations and related capital and real property transactions and capital projects.

Proposed Policy on Millennial Campuses I. Authority. Pursuant to its authority under the Centennial Campus, the Horace Williams Campus, and the Millennial Campus Financing Act (the “Act”)1 the Board of Governors (“Board”) adopts the following policy regarding the designation and use of the Centennial Campus located at North Carolina State University, the Horace Williams Campus located at the University of North Carolina at Chapel Hill, and any Millennial Campus as defined by G.S. 116-198.33(4b)2 (collectively herein, a “Millennial Campus”).

II. Approval of Millennial Campus Designation. G.S. 116-198.34(8a), (8b) provides the Board authority to designate the real property and appurtenant facilities to be included as part of a Millennial Campus. Millennial Campus Designation requests may be approved by the Board of Governors where a constituent institution has:

A. Demonstrated, in a manner to be prescribed by the president or the president’s designee, it has the administrative and fiscal capability to create and maintain such identified property or appurtenant facilities;

B. Demonstrated, in a manner to be prescribed by the president or his designee, the identified property or appurtenant facilities’ designation will enhance the institution’s research, teaching, and service missions as well as enhance the economic development of the region served by the institution; and

C. Submitted to the president or his designee, all request application information (such information may include, but not be limited to, maps, strategic planning documents, etc.) in a manner prescribed by the president.

Statue G, S. 116-198.34(8b) dictate Millennial Campus "designation shall be based on an express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus.

The proposed Section 600.1.6 (A) Demonstrated, in a manner to be prescribed by the president or the president’s designee, it has the administrative and fiscal capability to create and maintain such identified property or appurtenant facilities, in addition to arbitrary and capricious, maybe non-compliant with G, S. 116-198.34(8b) text as written "that designation shall be based on an express finding by the Board of Governors that the institution desiring to create a "Millennial Campus" has the administrative and fiscal capability to create and maintain such a campus.

The proposed Section 600.1.6 (A), Demonstrated, in a manner to be prescribed by the president or his designee, the identified property or appurtenant facilities’ designation will enhance the institution’s research, teaching, and service missions as well as enhance the economic development of the region served by the institution, in addition to arbitrary and capricious, maybe non-compliant with G, S. 116-198.34(8b) text as written that the Board of Governors has found that the creation of the constituent's institutions "Millennial Campus" will enhance research, teaching, and service missions as well as the economic development of the region served by the institution. Emphasis added.

According to UNC Policy Manuel section 6001.6 was adopted on 04/0722

Millennial Campus Boundary Change – The University of North Carolina at Charlotte 6/1/07

It is recommended that the finding of the President and his staff be accepted and the request of the Board of Trustees of UNC Charlotte be approved.

UNC Policy Manuel section 6001.6 codify finding of the President and his staff be accepted rather than an expressed finding by the Board of Trustees the institution requesting a millennial has the administrative and fiscal capacity that is required to successfully administer the program.

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