F. Legal Affairs

(Note: OLPM sections on this page may be cited following the format of, for example, "BOT.III.E.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)

F. Legal Affairs

1. Trustee Authority
   1. The Board of Trustees, under RSA 187-A:16, has authority to manage the operation and affairs of the University System and its component institutions. That authority includes the power to manage the legal affairs of the University System.
2. Delegation of Authority
   1. The Board of Trustees delegates to the Chancellor the authority to administer the legal affairs of the University System consistent with these Board of Trustees policies and to the Administrative Board the authority to promulgate such further University System policies as may be appropriate to protect the legal interests of the University System and its component institutions.
   2. The Board of Trustees further delegates to the Chancellor the authority to appoint, with the approval of the Board of Trustees, a General Counsel who shall have the responsibilities and authority described in this Board of Trustees policy along with such other responsibilities and authority as the Chancellor may assign.
3. Legal Advice, Counsel, and Representation
   1. The General Counsel shall be responsible for the provision of all legal advice, counsel, and representation for all matters involving the University System or any of its component institutions and all matters within the official responsibilities of any officer or employee of the University or its component institutions.
   2. The General Counsel's client shall be the University System of New Hampshire, including its Board of Trustees and component institutions, and his or her professional responsibilities shall run to that enterprise. The Chair of the Board, the Board’s Liaison to the General Counsel, and the General Counsel shall work together to assist, enable and maintain timely and effective communications between the Board and General Counsel on the legal affairs of the University System of New Hampshire.
   3. The General Counsel shall be responsible for ensuring that the administrators of the University System of New Hampshire and its component institutions are aware of and comply with the policies of the Board of Trustees.
4. Retention of Outside Counsel
   1. The General Counsel, in consultation with the Chancellor and the Board of Trustees' Liaison to the General Counsel, is authorized to hire outside counsel when appropriate to protect the legal interests of the University System or any of its component institutions. The Chair of the Board, the Executive Committee, and any other authorized Trustee may retain outside counsel under appropriate circumstances. No other officer or employee is authorized to retain outside legal counsel for any official purpose. When engaging outside legal counsel to represent or advise any of the component institutions the General Counsel shall consult with the president or designee, obtain his or her concurrence on the engagement, and ensure that the engagement is and continues to be effective, efficient, and in the best interests of the component institution.
   2. Unless otherwise directed by the Board of Trustees, all contact with outside counsel shall be under the auspices and at the direction of the General Counsel. Unless otherwise directed by the Board of Trustees, all bills from outside legal counsel shall be reviewed and, if appropriate, approved by General Counsel before being paid.
5. Settlement and Appeal of Claims
   1. The Chancellor and each president, in consultation with the General Counsel, is authorized to settle any claim involving his or her unit of the University System provided the amount of the settlement does not exceed $500,000 and no issues of significant interest to the Board of Trustees are involved. The chief executive officer of the affected institution or General Counsel shall discuss any proposed settlement in which the amount exceeds $100,000 with either the Board of trustees' Chair or Liaison to the General Counsel to confirm that no issues of significant interest to the Board of Trustees are involved.
   2. The Administrative Board, in consultation with the General Counsel and the chief executive officer of any affected component institution, is authorized to settle any claim involving the University System or any of its component institutions provided the amount of the settlement does not exceed $1,000,000, and no issues of significant interest to the Board of Trustees are involved. The chief executive officer of the affected institution or General Counsel shall discuss any proposed settlement with either the Board of trustees' Chair or Liaison to the General Counsel to confirm that no issues of significant interest to the Board of Trustees are involved.
   3. The Board of Trustees' approval shall be required for the settlement of any claims where the amount of the settlement exceeds $1,000,000.
6. Periodic Reports
   1. At least twice every year, and at such other times as the Chancellor may direct, the General Counsel shall provide a written report to the Chancellor describing the status of all litigation and other significant claims pending against the University System or any of its component institutions. The Chancellor shall forward such reports to the members of the Administrative Board and the Board of Trustees' Chair and Liaison to the General Counsel.