9.1 General Policy on Real Estate and Facilities
The term “real estate” includes:
- Land and anything permanently affixed to or growing upon the land;
- All rights issuing out of, annexed to, and exercisable within or about real property; or,
- Any estate or interest in real property.
The term “facilities” includes buildings of all types, as well as institution grounds and athletic venues. It includes all outdoor areas of a USG institution including streets, entrances, gates, and landscape features such as quadrangles, gardens, lakes, fountains, and fields (BoR Minutes, August, 2007).
9.1.1 Definitions
The term “Real Estate” will have the same meaning as “Real Property” and includes: (1) Land and anything permanently affixed to or growing upon the land; (2) All rights issuing out of, annexed to, and exercisable within or about land; (3) Any estate or interest in land.
The term “Facility” or “Facilities” includes buildings structures and improvements of all types, outdoor areas, campus grounds and athletic venues.
The term “Property” includes both Real Property and Facilities. The Term “Property Activity” or “Property Activities” includes all activities related to Property such a planning, acquisition, development (including design, construction and renovation), management, operations, use, and disposition.
9.1.2 Portfolio Management and Utilization
The Board of Regents shall hold title to the Property of each institution, so that each institution shall receive the use and benefit of the Property devoted to its use, and in no event shall the Property of one institution be subject to the liabilities or obligations of any other institution, provided, however, that this restriction shall not prevent the Board of Regents from utilizing the Property, educational or otherwise, of one institution for the advancement or assistance of another.
The Board of Regents shall act as good stewards of the Property of whatever nature held in their trust. The University System chief facilities officer shall be responsible for the management of the Property on behalf of the Board of Regents and shall assist the Board of Regents to maximize the long-term utility of the Property to accomplish the educational mission of the University System. The Board of Regents, the Chancellor, or the University System chief facilities officer may require System institutions to provide reports related to Property in formats determined by the Board of Regents, the Chancellor, or the University System chief facilities officer.
9.1.3 Compliance and Risk Management
The Board of Regents recognizes the importance of compliance with all applicable laws and regulations and encourages the employment of knowledgeable professionals for Property Activities. In the absence of specific laws or regulations, industry standards and good management practices shall be followed.
Standards and guidelines shall be established for Property Activities to ensure compliance with all applicable laws and regulations and appropriate avoidance or mitigation of risks.
9.1.4 Board of Regents Procedures and Guidelines
The Board of Regents holds the University System chief facilities officer responsible for the establishment of standards and guidelines for Property Activities. Documentation of standards and guidelines shall be maintained and updated in electronic format and shall be readily available to the public. A complete list of current standards and guidelines will be accessible on the USG web site.
The University System chief facilities officer shall work with the Georgia Department of Law to make available standard forms of agreement, contracts, and other templates of legal documents that might expedite or facilitate Property Activities.
The University System chief facilities officer shall periodically update the Board on the status of standards and guidelines for Property Activities (BoR minutes, April 2011).
9.1.5 Training and Staff Development
[ Reserved ]
9.1.6 Delegation of Authority
For the purposes of this section of this Policy Manual, unless specifically designated otherwise, the Chancellor’s designee shall be the USG chief facilities officer or any other person designated by the Chancellor in writing from time to time.
Where the Board has authorized action or has previously delegated authority, the Chancellor, the Chancellor’s designee, and the USG chief facilities officer shall be authorized and empowered, in the name and on behalf of the Board of Regents of the University System of Georgia, to take or cause to be taken any and all such further action as, in the judgment of such officials, may be necessary, proper, convenient, or required in connection with the execution and delivery of such instruments, documents, or writings in order to carry out the intent of authority granted and authority delegated for all public private venture transactions and all USG real property transactions. Such authorization may not be further delegated to individual USG institutions (BoR Minutes, January, 2008).
9.1.7 Place Naming
The Board of Regents considers the naming of a place in the USG in honor of a living or deceased individual, corporation, foundation, or organization to be one of the highest and most distinct honors that it can bestow. Place naming shall require authorization by the Board of Regents and shall be in accord with Board of Regents procedures and guidelines.
The place naming policy shall apply to the naming of all Board of Regents real estate and facilities, as defined in Section 9.1 of this Policy Manual. This includes all property owned or leased by the USG, including facilities constructed, donated, or acquired by affiliated organizations of the institutions. Refer to Section 17.0, Affiliated Organizations, of the Business Procedures Manual, for more information on affiliated organizations.
Board authorized place namings are not to be modified or appended. The place namings of facilities and grounds of an institution will endure only for the useful life of the facility or feature and not in perpetuity. If a facility or area is demolished, destroyed, developed or substantially changed, a named building or area may no longer exist. In that event, the president of an institution may determine if maintaining the name for transfer to a new facility or area is appropriate. The president ultimately determines the validity of maintaining a name for transfer at the institution level and shall seek Board approval as appropriate.
Situations may occur that would warrant the removal of a name from a place in the USG. Circumstances may dictate that the parameters under which a name was bestowed have changed to the extent that consideration must be given to removing the name. As place naming authority lies with the Board of Regents, so does the authority and responsibility to remove a name.
The president of an institution is authorized to act, without prior approval of the Board of Regents, in the authorization of interior space namings, and interior space naming removals, on behalf of the Board of Regents, with authority to act for the Board in the authorization of interior space names, and removal of names, that are in accordance with the Board of Regents place naming procedures and guidelines. The term “interior space” includes rooms, hallways, floors, and features as well as other enclosed or conditioned space(s) within buildings. Institutions shall provide a report on namings and naming removals for interior space, as information only, to the USG chief facilities officer at the end of each calendar year in accordance with Board procedures and guidelines.
USG place naming is a significant fund raising opportunity. The raising of funds related to place naming is encouraged as an important resource for institutional advancement. Presidents of institutions should maximize potential of fund raising in association with place naming.
When naming is to honor a living person for outstanding and distinguished service as a public servant, and not in recognition of a gift, that person must have been disassociated from employment by or service to the USG or from local, state, or federal government employment for at least two (2) years prior to the naming. In the event that the individual being honored is no longer living, the two (2) year waiting period may be waived.
USG institutions vary and “outstanding service” and “philanthropic giving” is intended, to a certain extent, to be a flexible standard. Each naming situation must be judged on its merits after taking into account the facts that are relevant to the person or entity being honored and the institution involved. The president of each institution should ensure that the proposed naming is consistent with the interest of the institution and the USG and that the value of service warrants the actions proposed.
All proposed namings will be submitted to the USG chief facilities officer who shall then submit the recommendations to the Board of Regents for approval in accordance with the Board’s place naming procedures and guidelines. Institution presidents are responsible for coordinating announcements, events, or any other actions or activities associated with place namings in a manner that reflects the Board’s place naming authority.
Institutions shall maintain current guidelines for place naming opportunities covered by Board policy, including appropriate financial commitments corresponding to such naming opportunities. Updates of institution place naming guidelines will be submitted to the USG chief facilities officer to ensure compliance with Board policy. The USG chief facilities officer shall maintain records on place namings and report periodically to the Board on the history of place (facilities and interior space) namings, including the status of fund raising in association with such namings (BoR Minutes, August, 2007).