Statute Text
Powers
and duties of governing board and public universities.
(1) A public university listed in
ORS 352.002 may:
(a) Acquire,
receive, hold, keep, pledge, control, convey, manage, use, lend, expend and
invest all moneys, appropriations, gifts, bequests, stock and revenue from any
source.
(b) Borrow money
for the needs of the university in such amounts and for such time and upon such
terms as may be determined by the university or the governing board.
(c) Make any and
all contracts and agreements, enter into any partnership, joint venture or
other business arrangement and create and participate fully in the operation of
any business structure, including but not limited to the development of
business structures and networks with any public or private government,
nonprofit or for-profit person or entity, that in the judgment of the
university or the governing board is necessary or appropriate.
(d) Establish,
collect and use charges, fines and fees for services, facilities, operations
and programs.
(e) Purchase,
receive, subscribe for or otherwise acquire, own, hold, vote, use, sell,
mortgage, lend, pledge, invest in or otherwise dispose of and deal in or with
the shares, stock or other equity or interests in or obligations of any other
entity. The State of Oregon may not have any proprietary or other interest in
investments or funds referenced in this paragraph.
(f) Acquire,
purchase, purchase on a contractual basis, borrow, receive, own, hold, control,
convey, sell, manage, operate, lease, lease-purchase, license, lend, invest in,
issue, improve, develop, use, expend and dispose of personal property,
including intellectual property, of any nature, tangible or intangible.
(g) Establish
employee benefit plans of any type, subject to ORS 352.237.
(h) Take, hold,
grant, pledge or dispose of mortgages, liens and other security interests on
real and personal property.
(i) Spend all
available moneys without appropriation or expenditure limitation approval from
the Legislative Assembly, except for moneys received by a public university
pursuant to a funding request submitted under ORS 352.089 (3) and the proceeds
of state bonds issued for the benefit of a public university. The proceeds of
state bonds issued for the benefit of a public university must be held pursuant
to an agreement entered into by the State Treasurer and a public university
under ORS 352.135 (2).
(j) Acquire,
purchase, purchase on a contractual basis, borrow, receive, own, hold, control,
convey, mortgage, pledge or otherwise encumber, sell, manage, operate, lease,
lease-purchase, license, lend, invest in, improve, develop, use, expend and
dispose of real property.
(k) Erect,
construct, improve, remodel, develop, repair, maintain, equip, furnish, lease,
lend, convey, sell, manage, operate, use and dispose of any building,
structure, land or project.
(L) Acquire, by
condemnation or otherwise, private property that is necessary or convenient.
The right to acquire property by condemnation shall be exercised as provided by
ORS chapter 35.
(m) Establish
policies for the organization, administration and development of the university
which, to the extent set forth in those policies, shall have the force of law
and may be enforced through university procedures that include an opportunity
for appeal and in any court of competent jurisdiction.
(n) Sue in its
own name, be sued in its own name and issue and enforce subpoenas in its own
name.
(o) Hire or
retain attorneys for the provision of all legal services. A public university
shall reimburse the State Treasurer for legal fees incurred in connection with
state bonds issued at the request of the Higher Education Coordinating
Commission on behalf of the university.
(p) Purchase any
and all insurance, operate a self-insurance program or otherwise arrange for
the equivalent of insurance coverage of any nature and the indemnity and
defense of its officers, agents and employees or other persons designated by
the university.
(q) Subject to
the procedures set forth in ORS 352.089, establish, supervise and control
academic and other programs, units of operation and standards, qualifications,
policies and practices relating to university matters such as admissions,
curriculum, grading, student conduct, credits, scholarships and the granting of
academic degrees, certificates and other forms of recognition.
(r) Enforce and
recover any fees, charges and fines, including but not limited to tuition and
mandatory enrollment fees.
(s) Make
available and perform any and all services on such terms as the governing board
considers appropriate.
(t) Delegate and
provide for the further delegation of any and all powers and duties, subject to
the limitations expressly set forth in law.
(2) The budget
for a public university listed in ORS 352.002 shall be prepared in accordance
with generally accepted accounting principles and adopted by the governing
board in a