SECTION VII. OTHER OPERATIONAL MATTERS

Subsection A. Legislative Affairs (Governmental Relations)

Subsection B. Collective Bargaining

Subsection C. Freedom of Information Act

Subsection D. Legal Representation and Indemnification

Subsection A. Legislative Affairs (Governmental Relations)

1. POLICY

In furtherance of its role as the governance body for Northern Illinois University, the Board of Trustees is desirous of participating in those legislative matters affecting the university and Illinois higher education.

a. Review

Proposed or pending legislation shall be reviewed by the president and the president's staff.

b. Representation

No person shall take any position on behalf of the Board of Trustees in any legislation proposed or pending in the General Assembly without prior authorization of the Board of Trustees or the president.

c. Report

The president shall periodically report to the Board on the status of pending legislation.

Subsection B. Collective Bargaining

1. POLICY

The Board of Trustees is the employer, as defined in the Illinois Educational Labor Relations Act, of all employees of Northern Illinois University. Only the Board may act with regard to the rights and responsibilities established by that Act. The Board may delegate authority to negotiate with employee organizations. No collective bargaining agreement shall be effective or implemented until approved by the Board of Trustees, signed by the Board chair or an authorized designee and signed by the employee organizations' authorized representative(s). Upon official certification by the Illinois Educational Labor Relations Board, any substantive or procedural rights or privileges as set forth in any applicable provisions of the university system of shared governance shall immediately become subject to negotiation for positions and employees contained within the scope of exclusive representation pursuant to the certified bargaining unit description. Such rights and privileges shall not be maintained except to the extent negotiated and fully ratified within the scope of a collective bargaining agreement.

All notifications and correspondence required by the Illinois Educational Labor Relations Act shall be directed to the President's Office or designee.

2. USE OF FACILITIES BY EMPLOYEE ORGANIZATIONS

Employee organizations as defined by the Illinois Educational Labor Relations Act shall have access to the campus facilities subject to such reasonable limitations necessary for orderly operation as established by the university. Employee organizations may use the campus mail service for the distribution of literature pursuant to Board Regulations and university policy and subject to the first priority use by U.S. mail and official university mail. Employee organizations may contact employees on campus at times when employees are not working but shall respect the request of any employee who does not desire to participate in or be exposed to such contact.

Subsection C. Freedom of Information Act

1. FORM OF REQUESTS

Requests for information shall be in writing and shall identify the requester by name, address and organization, if any. The request shall identify the information requested as specifically as possible. The request shall specify whether the request is for the inspection and photocopying of the information or for the photocopies of the information only. If certified copies are required, the request shall so state.

2. SUBMISSION OF REQUESTS

Requests for information concerning Northern Illinois University or the Board of Trustees shall be submitted to the following address:

Freedom of Information Act Request

Northern Illinois University

Office of the General Counsel

DeKalb, IL 60115

Telephone: (815) 753-8366

Requests shall be received at the date and time that the request is received at the specified address. Failure to submit the request to the appropriate address may cause a delay in receipt of the request.

3. RESPONSE TO REQUESTS

The president shall appoint an individual to act upon requests. The requester shall be notified in writing that the request has been approved, denied or extended pursuant to the Freedom of Information Act. The approval of a request for inspection shall identify the documents determined to be in response to the request and the approximate number of pages involved. If the information requested is stored as computer data and not available in a comprehensible printed form, the approval shall identify the data, the actual cost of providing a comprehensible printed form and the amount of time necessary to provide the requester with the printed form. The approval of a request for photocopies shall identify the documents, the exact number of pages and the fee for photocopying, postage and certification, if certified copies are requested. A copy of each denial and an affidavit of mailing of the denial shall be on file at the office to which the request was made.

4. TIME AND PLACE OF ACCESS

The approval of a request for inspection shall inform the requester where the information will be available for inspection. The approval of a request for photocopies or computer-stored data will inform the requester that upon receipt of the appropriate fee the material will be mailed or available for pick-up at a specific place. Information will be made available for 14 days after the mailing of the approval.

5. FEES AND COSTS

The cost for photocopies which can be readily made on available equipment shall be thirty-five cents per page. Photocopies which cannot be made on available equipment will be photocopied through a commercial photocopy service at the cost charged by the service. The cost for the mailing of photocopies will be the actual postage. The fee for certification is one dollar per document or set of documents. The cost for the preparation of a comprehensible printed form of computer-stored data is the actual cost of programming, computer usage and printing.

6. APPEAL OF A DENIAL

The appeal of a denial of a request for information under the Freedom of Information Act shall be made in writing to the Office of the President, Northern Illinois University, DeKalb, IL 60115. The appeal must be postmarked or delivered to the President's Office within 14 days of the mailing to the requester of the denial of the request. The appeal need not state the basis for the appeal, but must include a copy of the written denial. A copy of the appeal shall be sent to the denying office at the same time that the appeal is sent to the president.

7. DECISION OF THE PRESIDENT

The president shall review the denial and issue a written decision as to the denial. The president may uphold, reverse or modify the decision of the denying office.

Subsection D. Legal Representation and Indemnification

1. BOARD MEMBERS, EMPLOYEES AND STUDENTS

The Board of Trustees shall provide legal representation and indemnification for a claim or action instituted against a Trustee, a former Trustee, an employee of the Board of Trustees, former employee, or estate of such person which is based upon damage or injury allegedly arising from an act or omission occurring within the scope of duties on behalf of the Board of Trustees. Upon timely request of the person or the person's estate, the Board shall determine the appropriateness of providing counsel for the defense of the claim or action and indemnification for actual costs incurred as a result of such claim or action. The Board of Trustees shall provide such defense and indemnification upon a determination that the individual has acted in good faith, without malice, and within the apparent scope of his or her authority. The Board of Trustees shall not provide indemnification for a claim or action which is the result of intentional or willful and wanton misconduct. Legal representation and indemnification is subject to the Representation and Indemnification of State Employees Act.

Students participating in university authorized internships, externships, professional practice programs, and similar work/learning opportunities and duly authorized volunteers shall be afforded indemnification protection consistent with this Section and other applicable State law.

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