UNIVERSITY OF THE VIRGIN ISLANDS RESOLUTION OF THE BOARD OF TRUSTEES To ratify the actions taken by the Executive Committee of the Board of Trustees of the University of the Virgin Islands (“the Executive Committee”) on behalf of the Board of Trustees WHEREAS, Article VI, Section 1 (a) of the Bylaws of the University of the Virgin Islands (“the University”) states in part, “The Executive Committee may act for the Board between Board meetings, in the event of emergencies requiring Board action;” and WHEREAS, that section of the Bylaws further states, “The Executive Committee shall report to the Board at its next meeting on all actions taken by it, and the Board shall ratify or revoke such actions,” and WHEREAS, the last meeting of the Board was on June 11, 2011; and WHEREAS, during a meeting on August 16, 2011, the Executive Committee (“the Committee”) acted for the Board as follows: • The Committee approved the revised Fiscal Year 2011-2012 Operating Budget. (See the attached copy of the resolution that was adopted by the Executive Committee to take this action.) Approval of an operating budget was necessary before the Fiscal Year 2011-2012 began on October 1, 2011. The revised budget incorporated the 8% reduction in the salary of employees of the University mandated by Legislative Act No. 7261. • The Committee approved the “Criteria for New Hires”, which document was presented by the President. (See copy attached.) In anticipation of the Legislature overriding the Governor’s veto of a provision contained in Act No. 7270, which exempted “teachers and critical staff” of the University from a freeze on the hiring of government employees (such an override was done on September 20, 2011), the President had caused the criteria for hiring of critical staff to be developed. NOW THEREFORE BE IT RESOLVED BY THE BOARD: The actions taken by the Executive Committee of the Board during its meeting on August 16, 2011, which are detailed above, are hereby ratified. CERTIFICATION The undersigned does hereby certify that the foregoing is a true and exact copy of a resolution approved by the Board of Trustees of the University of the Virgin Islands at a meeting on Saturday, October 29, 2011 as recorded in the minutes of that meeting. October 29, 2011 Secretary of the Board Date EXECUTIVE COMMITTEE OF BOARD OF TRUSTEES UNIVERSITY OF THE VIRGIN ISLANDS OPERATING BUDGET RESOLUTION FISCAL YEAR 2011-2012 Resolution approving the Fiscal Year 2011-2012 Operating Budget for the University of the Virgin Islands WHEREAS, on January 24, 2011, the University Budget Committee voted to recommend to the President of the University of the Virgin Islands (“University”) an operating budget of $51,695,632 for Fiscal Year 2011-2012 based on the assumption that the University would receive a total appropriation of $34,680,408 from the Government of the Virgin Islands for operations in that fiscal year, including debt service and mandated programs; and WHEREAS, via letter dated February 11, 2011 from the Office of Management and Budget of the Government of the Virgin Islands, the University was informed that the Fiscal Year 2012 expenditure ceiling would be $33,192,631, which is $1,487,777 less than the University’s anticipated appropriation for Fiscal Year 2012; and WHEREAS, during the months of March and April 2011, the President engaged the University’s administration in a series of budget reduction exercises utilizing the Budget Reduction Guiding Principles approved by the Board of Trustees; and WHEREAS, the President shared the outcome of the budget reduction exercises with the Cabinet and the University Budget Committee on May 3, 2011 and May 4, 2011, respectively; and WHEREAS, on May 19, 2011, the Finance and Budget Committee of the Board of Trustees voted to recommend to the Board of Trustees the approval of an operating budget consisting of revenues of $50,207,855 and expenditures and transfers of $50,204,551 for Fiscal Year 2012, which amounts anticipated an appropriation of $33,192,631 from the Government of the Virgin Islands; and WHEREAS, in his June 10, 2011 submission of the Fiscal Year 2012 Executive Budget to the Legislature of the Virgin Islands, Governor John P. deJongh, Jr. recommended an appropriation of $30,910,079 to the University; and WHEREAS, the Administration of the University reviewed and revised its proposed operation budget for Fiscal Year 2012 in light of this information; and WHEREAS, on August 10, 2011 the Finance and Budget Committee of the Board of Trustees voted to recommend to the Board of Trustees the approval of an operating budget consisting of revenues of $47,925,303 and expenditures and transfers of $47,866,657 for Fiscal Year 2012, which is incorporated into this resolution as “Exhibit A”; and WHEREAS, Fiscal Year 2012 begins on October 1, 2011, but the Board of Trustees will not meet until October 29, 2011; therefore, there is a need for the Executive Committee to act on behalf of the full Board to approve an operating budget for the University for Fiscal Year 2012. NOW THEREFORE BE IT RESOLVED BY THE EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES, ACTING ON BEHALF OF THE FULL BOARD PURSUANT TO ARTICLE VI, SECTION 1(a), OF THE BYLAWS OF THE UNIVERSITY: A. That, for the purpose of carrying out the operations of the University for the fiscal year, which begins October 1, 2011 and ends September 30, 2012, the operating budget proposed by the Administration, a copy of which is incorporated into this resolution as Exhibit “A”, is hereby approved. The total projected operating revenues and expenditures in the Fiscal Year 2011-2012 Operating Budget are as follows: i) Total revenues of $47,925,303; and ii) Total expenditures and transfers of $47,866,657 and a residual balance of $58,646. B. That the President and Vice-President for Administration and Finance are authorized to take such actions as are necessary and proper to implement this resolution. CERTIFICATION The Undersigned does hereby certify that the foregoing is a true and exact copy of a resolution of the Executive Committee of the Board of Trustees of the University of the Virgin Islands adopted at a meeting on August 16, 2011 as recorded in the minutes of said meeting. August 16, 2011 Secretary of the Board Date EXHIBIT A UNIVERSITY OF THE VIRGIN ISLANDS FISCAL YEAR 2011-2012 REVENUES FY2011 Rev #3 Approved Budget Adjustment Total FY2012 Proposed Budget Tuition & Fees $12,267,427 $1,183,134 $13,450,561 Appropriations $28,607,552 ($2,778,417) $25,829,135 Government Grants & Contracts $970,000 $0 $970,000 Private Grants & Contracts $1,040,447 $0 $1,040,447 Investments $250,000 $0 $250,000 Sales & Services Education $4,000 $0 $4,000 Sales & Services Auxiliary $5,839,236 $237,672 $6,076,908 Other Revenues $264,252 $40,000 $304,252 Total Revenues $49,242,914 ($1,317,611) $47,925,303 EXPENDITURES FY2011 Rev #3 Approved Budget FY2012 Proposed Budget Instruction $12,136,897 ($271,099) $11,865,798 Research $695,794 ($43,193) $652,601 Public Service $1,007,209 ($46,911) $960,298 Academic Support $3,324,236 ($108,793) $3,215,443 Student Services $3,742,833 $5,560 $3,748,393 Institutional Support $11,882,072 ($509,544) $11,372,528 Operations/Maintenance of Plant $8,602,818 ($532,637) $8,070,181 Student Aid $546,350 $0 $546,350 Auxiliary Enterprises $5,756,066 $99,643 $5,855,709 Transfers $1,537,913 ($88,558) $1,449,355 Health Insurance Employer Contribution (Undistributed) $0 $130,000 $130,000 Total Expenditures & Transfers $49,232,188 ($1,365,531) $47,866,657 Net Operating Position $10,726 $47,920 $58,646 Criteria for New Hires The Amendment to Act 7261 provides an exemption for UVI from the hiring freeze imposed by that Act. The appropriate language indicates that the exception applies to “teachers and critical staff of the University of the Virgin Islands as determined by the University of the Virgin Islands only to the extent this exemption allows the University to fulfill the obligations to federal commitments and continuing education programs.” Hiring decision for external appointments will be made based on the following criteria and using the following procedure. External hiring requests that do not follow this process will not be approved. Effective immediately, all external hiring decisions must be approved by the President. This process will remain in place for the duration of Act 7261. Criteria: Only positions that meet one of the criterions listed below will be considered as satisfying the “critical staff” condition of Act 7261, and thus may be approved by the President. The criteria are listed in order of priority. 1. Positions that have a direct and immediate impact on our students’ ability to matriculate in a timely manner. 2. Positions that will allow the University to fulfill a commitment contained in a federally or locally funded grant program or contract, or in a grant program or contract funded by private or foundation funds, or commitments that are required to meet conditions associated with donations and gifts received by the University. 3. Positions wherein the absence of personnel creates security, safety or health risks to students, faculty, administrators, staff, and/or visitors. 4. Positions that have a direct and immediate impact on the institution's ability to generate quantifiable revenue. 5. Positions associated with new programs approved by the UVI Board of Trustees. 6. Positions that are integral to the effective operation of an essential function of the University, and the activities of that office will assist in the fulfillment of a key measure of accomplishment of VISION 2012. Procedure: Each Cabinet member, after consultation with members of her/his unit, must assign a value to each existing vacancy based on the criteria listed below. Each position must be prioritized or ranked in a descending order with the most critical to the least critical. As new vacancies occur the ranking order can be amended or changed. Once values have been assigned to existing vacancies and positions have been prioritized or ranked, requests for approval to fill one or more vacancies, along with the value and ranking information, should be submitted to the President for review and action. Immediate approval will be given to the most critical positions so hiring decisions can be made. Each Cabinet member should monitor and assess the hiring needs in her/his areas on an ongoing basis and make requests when evidence indicates that a critical need is not being addressed. “Critical staff’ will not be interpreted to include every vacant position.