                                 CODE OF VIRGINIA

MEMORANDA OF UNDERSTANDING (§ 23.1-1003)

A. Each public institution of higher education that meets the state goals set
forth in subsection A of § 23.1-1002 may enter into a memorandum of
understanding with the appropriate Cabinet Secretary, as designated by the
Governor, for restructured operational authority in any operational area adopted
by the General Assembly in accordance with law, provided that the authority
granted in the memorandum of understanding is consistent with that
institution&#8217;s ability to manage its operations in the particular area and:

   1. The institution is certified by the Council pursuant to &#xA7; 23.1-206 or
   23.1-310 for the most recent year that the Council has completed
   certification;

   2. An absolute two-thirds or more of the institution&#8217;s governing board
   has voted in the affirmative for a resolution expressing the sense of the
   board that the institution is qualified to be, and should be, governed by
   memoranda of understanding;

   3. The institution adopts at least one new measure for each area of
   operational authority for which a memorandum of understanding is requested.
   Each measure shall be developed in consultation with (i) the appropriate
   Cabinet Secretary or (ii) the Secretary of Education and the Council if the
   measure is education-related. Any education-related measure is subject to the
   approval of the Council; and

   4. The institution posts on the Department of General Services&#8217; central
   electronic procurement website all Invitations to Bid, Requests for Proposal,
   sole source award notices, and emergency award notices to ensure visibility
   and access to the Commonwealth&#8217;s procurement opportunities on one
   website.

B. Within 15 days of receipt of a request from a public institution of higher
education to enter into a memorandum of understanding, the Cabinet Secretary
receiving the request shall notify the Chairmen of the House Committee on
Appropriations and the Senate Committee on Finance and Appropriations of the
request. The Cabinet Secretary shall determine within 90 calendar days whether
to enter into the requested memorandum of understanding or a modified memorandum
of understanding.

C. If the Cabinet Secretary enters into a memorandum of understanding with the
public institution of higher education, he shall forward a copy of the governing
board&#8217;s resolution and a copy of the memorandum of understanding to the
Chairmen of the House Committee on Appropriations and the Senate Committee on
Finance and Appropriations. Each initial memorandum of understanding shall
remain in effect for three years. Subsequent memoranda of understanding shall
remain in effect for five years.

D. If the Cabinet Secretary does not enter into a memorandum of understanding
with the public institution of higher education, he shall notify the Chairmen of
the House Committee on Appropriations and the Senate Committee on Finance and
Appropriations of the reasons for denying the institution&#8217;s request. If an
institution&#8217;s request is denied, nothing in this section shall prohibit a
public institution of higher education from submitting a future request to enter
into a memorandum of understanding pursuant to this section.

HISTORY: 2005, cc. 933, 945, §§ 23-38.88, 23-38.90; 2006, c. 775; 2008, cc.
824, 829; 2009, cc. 827, 845; 2011, cc. 332, 828, 869; 2013, cc. 438, 482; 2014,
c. 628; 2016, c. 588.