5.  FINANCIAL EXIGENCY

a.  Definition

Financial exigency is the formal recognition by a state university that known reductions in budget or authorized number of positions have required the elimination of nontenured positions and operating expenditures to such a point that further reductions in these categories would seriously distort the academic programs of the institution; hence, further budget or position reductions would require the nonreappointment of tenured members of the faculty or the failure to meet the standards of notice for nonreappointment of faculty.  It is not a requirement of financial exigency that all or most nontenured positions throughout the university be first eliminated.

b.  Procedure

i.  It shall be the responsibility of the chief executive officer of each state university, in consultation with appropriate campus groups, to develop a plan for reductions in personnel as necessitated by conditions of financial exigency.

ii.  In the event that financial conditions at a state university may warrant the declaration of financial exigency, the chief executive officer shall notify the Board of that fact and shall provide a complete statement of the circumstances that may warrant the declaration of financial exigency.  The statement shall also include a review of all reasonable alternatives to financial exigency.  If the Board and the chief executive officer concur as to the existence of a financial exi¬gency, it shall be the responsibility of the chief executive officer to so declare.

iii.  It shall be the responsibility of the chief executive officer to review the financially exigent condition with the Board at such times and with such frequency as the Board may specify.