March 21-22, 2002

SUBJECT:  GOVERNANCE AND ORGANIZATION
Policy 201.7 - By-laws

BY-LAWS
OF THE MONTANA BOARD OF REGENTS
OF HIGHER EDUCATION

ARTICLE I.  Name

            The legal name of the board is The Board of Regents of Higher Education.

ARTICLE II.  Objectives

            The objectives of the board are to supervise, coordinate, manage and control the Montana University System and to supervise and coordinate other public educational institutions assigned by law.

ARTICLE III.  Membership

            The board consists of seven members appointed by the governor pursuant to 2-15-1508, MCA and confirmed by the Senate. 

ARTICLE IV.  Officers and Elections

            The officers of the board consist of a chair, vice-chair and secretary.  In the absence of the chair, the vice-chair will preside. However, the chair may assign any Regent to temporarily preside over some specific portion of a meeting.  The chair and vice-chair shall be elected from the appointed membership of the board for a period of two years or to the expiration of his or her term on the board, whichever comes first.  Elections shall be conducted at the first regularly scheduled meeting after May 1 of each even numbered year.  Officers shall assume office at the first meeting subsequent to election.  If the office of chair or vice-chair is vacated prior to the expiration of the term, the board will hold an election to fill the vacated office.  The newly elected officer will serve for the remainder of the term.  The commissioner of higher education will serve as secretary to the board.

ARTICLE V.  Meetings

            The board shall meet not less than quarterly.

            Other meetings may be called by the governor, the chair of the board, the secretary or on the request of four appointed members.

            The secretary shall notify each member of scheduled meetings at least seven days in advance.

ARTICLE VI.  Quorum

            A majority of the appointed members of the board shall constitute a quorum.

ARTICLE VII.  Committees

            The chair shall appoint all committees.  Standing committees shall be as follows:

                        1.  Administrative and Budget

                        2.   Academic and Student Affairs

            Special committees may be appointed from time to time by order of the board.

            The commissioner of higher education is an ex-officio, non-voting member of all committees.

ARTICLE VIII.  Executive Sessions

            The board consistent with the appropriate constitutional and statutory provisions may go into executive session at any time.  No public record shall be kept of executive session business. Prior to convening in executive session the chair shall announce the rationale that forms the legal basis for the executive session. When executive sessions are contemplated the meeting agenda should indicate the general topic of the contemplated executive session (e.g., honorary degree, employee evaluation, student appeal).

ARTICLE IX.  Order of Business

            The following shall be the regular order of business unless varied by the chair:

                        1.  Invocation, pledge of allegiance and roll call

                        2.  Minutes of preceding minutes

            3.       Report of committeesConsideration of action items

a. Consent items

b. Regent, staff and other items

                       4.  Report of special committeesDiscussion, information or special items

                       5.  Unfinished business

                       6.  New business

                       7. 5. Adjournment

ARTICLE X.  Communications

            All official communications, reports and recommendations from representatives of the legislative and executive branches of state government, institutions, faculty members, employees and students, shall come to the attention of the board through the commissioner of higher education.

ARTICLE XI.  Parliamentary Law

            On questions of parliamentary law, Robert's Rules of Order shall prevail, except with respect to (1) introduction of motions, wherein Mason's rules will be applied, and (2) reconsideration of questions, wherein these by-laws shall be applied.

ARTICLE XII.  Reconsideration of Questions

            No question decided by a vote of the Board may be raised again, either in identical form or in a manner that raises substantially the same issue as previously decided, except under the following circumstances:

                        1.   More than six months have passed since the last vote on the question; or

                        2.   The question is raised by a Board member who was recorded as voting on the prevailing side on the last vote on the question.

ARTICLE XIII.  Amendments

            These by-laws may be added to or amended by a majority vote at any meeting of the board provided a quorum is present.

            Any by-law may be suspended for one particular meeting by the unanimous consent of all appointed members present.