Oregon Statutes 352.087 – Powers and duties of governing board and public universities
(1) A public university listed in ORS § 352.002 may:
Terms Used In Oregon Statutes 352.087
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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 accordance with ORS § 192.610 to 192.705.
(3) A governing board of a public university listed in ORS § 352.002 or a public university may perform any other acts that in the judgment of the governing board or university are required, necessary or appropriate to accomplish the rights and responsibilities granted to the governing board or university by law. [Formerly 352.107; 2017 c.440 § 17]