The Chancellor of the System is appointed by the Board, and serves at the pleasure of the Board.
The Board shall appoint the Chancellor of the System for a term of not more than five (5) years.
The name of an applicant for Chancellor is excepted from public disclosure, provided that the Board must give public notice of the name or names of the finalists being considered for Chancellor at least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of the person.
As chief executive officer of the System, the Chancellor, is responsible for the implementation and execution of all policies, rules, procedures, orders and resolutions adopted by the Board.
The Chancellor has authority and responsibility for the operations of the various components of the System, and initiates recommendations to the Board for action on all matters relating to System operations and personnel.
The Chancellor shall recommend to the Board the faculty and other personnel to be employed.
The Chancellor, or designee, shall collect and compile all necessary data and information for inclusion in reports for the Board, the Texas Legislature, the Texas Higher Education Coordinating Board, the Legislative Budget Board, the Governorís Office of Budget and Planning and other governmental agencies as designated by state and federal law or as requested by such entities.
The Chancellor shall have limited emergency authority, to take action when emergency action is required that is normally within the jurisdiction and authority of the Board, and such action is required before a quorum of the Board is available to meet to take formal action.
Such authority shall be limited to occurrences that require urgent or immediate action where no established policy or procedure is currently in place to resolve the issue; or in the event of the need for immediate legal action and upon the recommendation of the Systemís General Counsel, such as the filing of a lawsuit or other legal document with an external body to preserve the Systemís rights; or when the health, safety and welfare of students, employees and the community is involved; or when such action is reasonably necessary to protect substantial personal or real property of the System.
The Chancellor shall inform the Board promptly of such action, which shall be subject to review and ratification by the Board, at its discretion.
The Chancellor shall be evaluated by the Board annually, or other frequency at the discretion of the Board. This evaluation will be confidential with every member of the Board invited to participate. Hence, the Board's evaluation will not take the form of individual Board member assessments; but rather, one overall Board assessment.
The Board shall strive to accomplish the following objectives in conducting the Chancellorís evaluation:
The contract of the Chancellor shall be in writing, stating the terms and salary, and shall be signed by the Chair of the Board. The Chancellorís contract shall be reviewed annually in conjunction with the development of the System budget, and may be renewed or extended at the same time that the reappointment of System contractual employees is considered.
A contract of employment with this System creates a property interest in the position only for the period of time stated in the contract. Such a contract creates no property interest of any kind beyond the period of time stated in the contract.
The Board may decide by vote or inaction not to offer the Chancellor further employment with the System beyond the term of the contract for any reason or no reason.
The Chancellor may resign at any time mutually agreeable with the Board.
The Chancellor may be dismissed for good cause before the completion of the term fixed in the contract.
Before the Chancellor is dismissed, the Board shall give reasonable notice in writing of the proposed action and grounds, set out in sufficient detail to fairly enable him or her to show any error that may exist.
If, upon written notification, the Chancellor desires to be heard and contest the proposed action of the Board, the Chancellor shall give the board written notice to that effect. The hearing shall be set on a date that affords the Chancellor reasonable time to prepare an adequate defense.
The Board may conduct the hearing in open session or closed session unless the Chancellor requests a public hearing, in which case the hearing shall be open to the public.
The Chancellor may be represented by counsel at the hearing before the Board.
The Chancellor has the right to hear the evidence on which the charges are based, to cross-examine all adverse witnesses, and to present evidence of innocence or extenuating circumstances.
Prior to dismissal, the Board shall determine the existence of the good cause for termination. Such determination shall be based on the evidence presented in the hearing.
The Board may take action to suspend the Chancellor, with pay, pending outcome of the dismissal hearing.
After deliberation, the Board shall render its decision to proceed with dismissal of the Chancellor, or to reverse the proposed dismissal action. The Boardís decision shall be communicated to the Chancellor, in writing, within fourteen (14) days of the hearing. The Boardís decision on dismissal of the Chancellor shall be final.
LSCS Policy Manual Section adopted by the Board of Trustees on May 6, 2010