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Office of General Counsel Policies & Guidelines

Policy Number: 
G-020
Policy/Guideline Area: 
General Guidelines
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

Pursuant to Board Policy No. 1:03:04:00, the Tennessee Board of Regents has authorized certain sub-councils to the Joint Presidents' Council for the purpose of providing a mechanism to promote effective communication and internal management throughout the Tennessee Board of Regents System. The Joint Presidents' Council recognizes the inherent value of the collective advice and comments of campus officials in designated areas on matters of System-wide concern, while preserving the organizational structures and systems of communication at the individual institutions and for the System as a whole. The Joint Presidents' Council further finds it necessary to establish the following guidelines and procedures to govern the operations of the various sub-councils in fulfilling their stated purposes.

Policy/Guideline: 
  1. Names of Sub-Councils
    1. The names of the sub-councils to the Joint Presidents' Council which have been established are:
      1. The Academic Affairs Sub-Council;
      2. The Business Affairs Sub-Council;
      3. The Student Affairs Sub-Council;
      4. The Faculty Sub-Council;
      5. The Tennessee College of Applied Technology Presidents'; and
      6. The Information Technology Sub-Council.
  2. Nature of the Sub-Councils
    1. Each of the foregoing are sub-councils to the Joint Presidents' Council, in the nature of sub-committees to a principal committee.
    2. Communications from the sub-councils shall be made to the Joint Presidents' Council and the Board of Regents staff; no releases of information or public statements shall be made by the sub-councils.
  3. Membership of Sub-Councils
    1. The regular members of the Academic Affairs, Business Affairs, Student Affairs and Information Technology Sub-Councils shall be the chief administrative officers in the areas of academic, business, student affairs and Information Technology, respectively, at each institution in the System.
      1. It is recommended that the Faculty Sub-Council members be the chairman of the faculty senate, assembly or advisory committee established by each of the various institutions; however, a representative may be selected annually by the faculty organization to serve as a Faculty Sub-Council member.
      2. The president of each TCAT shall be a member of the TCAT Presidents’ Sub-Council.
    2. The Information Technology Sub-Council shall include representatives (one each) of the following functional areas supported by information technology:
      1. Academic Affairs;
      2. Business Affairs;
      3. Student Affairs;
      4. Faculty; and
      5. The Tennessee Colleges of Applied Technology.
        1. These appointments will be by the respective sub-council which serves these constituents.
        2. Appointees will serve a term of two years and may be re-appointed.
    3. In addition to the regular members of the respective sub-councils, the presidents of all institutions in the System and the member of the Board of Regents staff designated by the Chancellor shall be ex-officio (non-voting) members of each sub-council.
  4. Purpose and Functions of the Sub-Councils
    1. The purpose of the sub-councils shall be to improve communications and internal management in the respective areas of the sub-councils throughout the System, and to provide necessary information to the Joint Presidents' Council and the Board staff for their consideration in relation to the policy-making role of the Tennessee Board of Regents.
    2. The functions of the sub-councils shall be as follows:
      1. To consider matters and make reports as requested by the Joint Presidents' Council or the Board staff.
      2. To confer and discuss concerns within the jurisdiction of their respective areas for the purpose of promoting the improvement of their campus functions.
      3. To initiate projects and studies and report their findings to the Joint Presidents' Council and the Board staff.
    3. In exercising these functions, the respective sub-councils shall ensure against consideration of matters without their jurisdiction, or referred to or initiated by a different sub-council.
    4. All sub-councils shall limit their reports to their findings and conclusions concerning particular matters.
  5. Meetings of Sub-Councils
    1. Each sub-council shall hold a maximum of four regular meetings per year, to be held at such times and places which least conflict with the regular institutional responsibilities of the members.
      1. Special meetings of the sub-councils may be called by the Joint Presidents' Council or the Chancellor or designee.
      2. All members of the sub-councils are responsible for attendance at meetings, but there shall be no quorum required for any meeting.
    2. All regular and ex-officio members of each sub-council shall be invited to all meetings of the sub-council, and other persons shall not attend the meetings except by invitation from the sub-council chairman for a specific purpose.
  6. Officers of Sub-Councils
    1. Each sub-council shall select a chairman on an annual basis.
    2. The chairman shall be responsible for reports and communications between the sub-council and the Joint Presidents' Council and the Board staff.
    3. Additional officers may be selected by sub-councils as deemed necessary to carry out their purposes and functions.
  7. Internal Operation of Sub-Councils
    1. These guidelines and procedures shall constitute what would otherwise be the equivalent of bylaws for the respective sub-councils.
    2. Each sub-council may adopt additional procedures which are not inconsistent with the provisions herein set forth to govern the internal operations and the order of meetings of the sub-councils, subject to approval by the Joint Presidents' Council.
Sources: 

Authority

T.C.A. § 49-8-203

History

May 25, 1977 TBR presidents meeting. Revised September 30, 1977 Presidents meeting; July 1, 1984; Presidents’ Meeting February 13, 2002; Presidents’ Meeting August 16, 2005.

Policy Number: 
G-010
Policy/Guideline Area: 
General Guidelines
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The purpose of this guideline is to establish the criteria and process for communicating Board actions and policies to the institutions governed by the Tennessee Board of Regents.

Policy/Guideline: 
  1. Communicating Board Actions and Policies
    1. Prior to meetings of the Presidents Council and the Board of Regents, the staff of the TBR System Office shall post notice on the TBR website, for the persons and organizations listed below, of all proposed new, deleted, and revised System policies and guidelines.
    2. Following meetings of the Presidents Council and the Board of Regents, the staff of the TBR System Office shall post notice on the TBR website, for the persons and organizations listed below, of all approved new, deleted, and revised policies and guidelines.
      1. Institution Presidents
      2. Board Members 
      3. Tennessee State Library and Archives
      4. State Comptroller’s Office
      5. Tennessee Legislative Library
      6. Tennessee State Employees’ Association
    3. System Office staff shall also maintain up-to-date copies of all System policies and guidelines on the TBR website.
    4. Minutes of each meeting of the Board of Regents shall be prepared at the direction of the Board Secretary, and approved by the Board at the following meeting. Once approved, the minutes shall be posted to the TBR website by System Office personnel.
    5. Links to the various TBR websites for the above information are available on Exhibit 1, Communicating Board Action. 
Sources: 

Authority

T.C.A. § 49-8-203

History

September 1, 1976 SBR Presidents Meeting. Revised July 1, 1984; Presidents’ Meeting February 13, 2002; Ministerial revision, March 3, 2016.

Policy Number: 
4:07:00:00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The purpose of this policy is to establish Tennessee Board of Regents processes and procedures regarding reimbursement for business meals and recognition events.

Policy/Guideline: 
  1. Business Meals
    1. The institution may pay or reimburse properly documented meals which have a clear business purpose and setting.
      1. Business meals generally include at least one non-institutional employee. However, occasional gatherings of institutional employees may be reimbursed as business meals.
      2. Expenses may be incurred only for those individuals whose presence is necessary to the business discussion.
    2. In addition to an itemized receipt, IRS rules of substantiation of business expenses require documentation of the time, date, place, specific topic of discussion and attendees at the meals.
      1. Please note that the documentation requirements apply to all on-campus or off-campus business meals, regardless of payment method.
      2. Accordingly, all on-campus dining facilities require this documentation for all meals charged to departmental accounts.
    3. The institution will deny reimbursement for meal expenses that lack documentation or a clear business purpose. Gatherings that are primarily social in nature do not qualify for payment or reimbursement as business meals.
  2. Recognition Events
    1. Institutional funds may be used to purchase food and non-alcoholic beverages for recognition, appreciation and/or retirement events if the event is in accordance with institutional policies and is reasonable in number and events per fiscal year and amount spent.
    2. Recognition gifts and retirement plaques are allowable up to a reasonable value limit per employee/retiree recognized, if in accordance with institutional policies.
Sources: 

Authority

T.C.A. § 49-8-203; IRS Rules

History

TBR Board Meeting December 5, 2003; December 2, 2005; September 28, 2007; TBR Board Meeting June 19, 2015.

Policy Number: 
4:06:00:00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The purpose of this policy is to provide parameters within which TBR institutions shall use state funds for advertising.

Definitions: 
  • Advertising - for the purposes of this policy, refers to expenditures to recruit students by media purchases through television, radio, newspapers, billboards, etc.
Policy/Guideline: 
  1. General Statement
    1. This policy excludes advertising for position vacancies, costs associated with publication expenditures (see G-140), and advertising for auxiliary operations or athletic events and programs.
    2. Advertising for the recruitment of students shall be designed to increase enrollments in the service delivery area as the first priority for advertising of community colleges and colleges of applied technology.
      1. Any advertising in regional newspapers shall be restricted to zoned editions.
    3. Advertising expenditures should result in a citizenry which is better informed and thus more likely to support state higher education through both private giving and more effective advocacy.
      1. Advertising also informs citizens of the opportunities available through the state's institutions of higher education, thus improving the state's workforce and competitive position in the global economy.
    4. Campuses are encouraged to maintain an appreciation of the efforts of all post-secondary institutions to provide educational services to students.
      1. In this sense, advertising for one campus should not be designed in a manner that has the impact of being detrimental with regard to the educational services provided by another campus.
    5. Given the aforementioned criteria, each campus shall evaluate paid advertising on an annual basis to determine if the original estimates of probable returns on investment are realized.
      1. A "cost to benefit" analysis of paid advertising should be a significant factor in the determination whether or not to continue the advertising campaign, along with other factors deemed appropriate by the President.
  2. Exceptions
    1. Any exceptions to this policy may be approved by the Chancellor.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Meeting December 4, 1998; September 28, 2007.

Policy Number: 
4:05:01:01
Topics Outline: 
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The purpose of this policy is to establish Tennessee Board of Regents policy regarding inventory methods for libraries in the TBR System.

Policy/Guideline: 
  1. Inventory Method
    1. In the Tennessee Board of Regents libraries, collections vary significantly in size and in the type of material contained; consequently, the mandate of a specific or uniform inventory method for all of the libraries to follow is not appropriate. The cost of conducting a systematic inventory of book stock and other library materials is also an important management consideration in TBR libraries.
      1. A full or partial inventory or census may be conducted annually to meet TBR requirements for materials accountability, and to meet the guidelines of internal accounting and administrative control that are cited in the Financial Integrity Act (T.C.A. § 9-18-102).
      2. If a TBR library chooses to do an inventory, one of the two following methods should be used:
        1. A partial inventory that covers the entire collection over a two to five-year period; or
        2. An annual or biennial book census using a reliable sampling technique derived from an authoritative statistics textbook that explains how to do standard deviation calculations.
      3. In order to meet the guidelines of internal accounting and administrative control that are cited in the Financial Integrity Act, TBR libraries not choosing to do an inventory must annually report to their institutions the numbers of library materials withdrawn from their collections.
Sources: 

Authority

T.C.A. §§ 49-8-203, 9-18-102

History

TBR Meeting, June 30, 1989; April 2, 2004; September 28, 2007.

Policy Number: 
4:04:01:50
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The purpose of this policy is the establishment of the process and procedures regarding revenues received from campus concessions at institutions governed by the Tennessee Board of Regents.

Policy/Guideline: 
  1. Revenues from Campus Concession
    1. The institutions governed by the Tennessee Board of Regents shall consider revenue received from campus concessions as unrestricted revenue.
    2. Any contract between the institution and any external agency to the institution is to be awarded on the basis of any method provided under TBR Purchasing Policy.
    3. Any award of concessions to agencies internal to the institution shall be awarded on the basis of proposals presented to the institution and eligibility to present proposals will not be limited to any specific internal agency.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Meetings, August 17, 1973; September 30, 1983; September 28, 2007.

Policy Number: 
4:03:03:50
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

This policy is established by the Tennessee Board of Regents in recognition of the unique characteristics associated with travel by athletic personnel and teams and other groups at the institutions governed by the Board. The purpose of the policy is to address practical considerations for travel related specifically to the performance of intercollegiate athletic recruiting, athletic team travel, and other student group travel. The policy shall apply only to these functions; travel for other purposes by athletic personnel and other non-student groups shall be subject to Tennessee Board of Regents General Travel Policies and Procedures (No. 4:03:03:00) and institutional policies and guidelines. All travel will be reimbursed subject to TBR Policy No. 4:03:03:00 unless a specific exception is provided below. In addition, each institution shall comply with all pertinent regulations of the National Collegiate Athletic Association or the National Junior College Athletic Association and the athletic conference of which the institution is a member.

Each institution shall develop and enforce guidelines for athletic and other group travel consistent with the provisions of this policy. Institutional guidelines should include working procedures and be presented in such detail as to ensure thorough understanding of the provisions by all affected personnel.

Policy/Guideline: 
  1. Athletic Recruiting
    1. Travel Advances
      1. Travel advances should be made consistent with the Tennessee Board of Regents General Travel Policies and Procedures.
      2. In addition, temporary or permanent travel advances may be made to staff members engaged in recruiting when such advances are approved by the president or designee.
    2. Reimbursement Rates - Courtesy Vehicle
      1. If a staff member has a "courtesy vehicle" due to their association with the institution, the maximum rate allowed will be the rate allowed under the Tennessee Board of Regents General Travel Policies and Procedures, less the portion of the IRS business standard mileage rate treated as depreciation.
    3. Approval for Travel
      1. The following are subject to prior approval by the president or designee:
        1. Blanket travel authorization for scouting or recruiting; and
        2. The travel of visitors and guests at institutional expense for any occasion related to recruiting.
    4. Guest Meals
      1. The actual cost of guest meals may be claimed when incurred by a staff member for recruiting purposes.
      2. Such claims must be submitted in appropriate detail.
      3. Receipts are required.
    5. Student Recruits
      1. Staff members are responsible for compliance with pertinent NCAA, NJCAA, and conference rules regarding student recruits.
      2. Lodging in campus facilities should be arranged if space is available. If campus space is not available, arrangements may be made for lodging in local motels/hotels, and, with the approval of the athletic director or designee may be charged to the athletic department.
      3. If available, the use of campus dining services should be arranged and costs may be charged to the athletic department. If necessary, staff members will be reimbursed at cost for off-campus meals, with reasonable and customary gratuities allowed. Receipts must accompany claims.
      4. Transportation may be arranged through a local travel service and charged to the athletic department with the approval of the athletic director or designee. Automobile mileage may be reimbursed to a student recruit at the maximum rate allowed under the Board of Regents General Travel Policies and Procedures for the use of a personal vehicle.
      5. Entertainment expenses may be reimbursed at cost within NCAA, NJCAA, and conference rules.
  2. Travel
    1. Institution officials and guests of the institution who accompany the team or student groups on trips must be approved in advance by the president or designee.
    2. In all cases, team and group transportation will be arranged through established institutional procedures, and travel itineraries are to be arranged in advance.
      1. Documentation must be maintained in the athletic or other appropriate departments or offices indicating that various cost alternatives have been explored before making all arrangements and reservations.
      2. If such arrangements are made by the institution's purchasing office, that office should maintain the appropriate documentation.
    3. A roster of all individuals on a particular trip must be included with the itinerary documentation for proper accounting and auditing purposes and filed with the travel claim.
    4. Travel advances in the amount of 100% of the estimated trip expenses may be allowed.
      1. One person from the athletic department or coach staff member who is familiar with the travel regulations will be responsible for the advance and all bills connected with team or group travel.
    5. Receipts are required for all team or group travel expenses consistent with TBR Policy No. 4:03:03:00.
    6. Actual lodging expenses will be reimbursed.
      1. Documentation must be maintained in the athletic department or other appropriate department or office indicating that various cost alternatives have been explored before making all arrangements and reservations.
      2. However, if such arrangements are made by the institution's purchasing office, that office should maintain the appropriate documentation.
    7. Miscellaneous expenses, such as movies while on trips, must be supported by receipts.
      1. Telephone calls by staff members for business purposes may be claimed with documentation consistent with TBR Policy No. 4:03:03:00.
    8. Individual meals associated with team or group travel will follow the Board of Regents General Travel Policies and Procedures.
    9. All team or group meals and snacks will be reimbursed at actual cost.
      1. Gratuities not to exceed reasonable and customary rates are allowed.
      2. Appropriate documentation and receipts are required.
    10. All travel claims and requisitions for team or group travel must be approved in writing by the appropriate approving authority.
  3. Other Group Travel
    1. Travel by student groups or other groups of participants in programs or activities of the institution may be reimbursed under the same provisions as included in Section II above.
    2. Travel by student groups or other groups of participants in programs or activities of the institution should be addressed by specific institutional guidelines which describe the approval process, discussion of possible liability issues and requirement of waivers/releases of liability by the student if appropriate.
      1. Sample waivers/releases and a discussion of liability issues have been provided by the Office of the General Counsel and should be on file in the offices of student and academic affairs.
      2. A waiver/release is not appropriate for travel that is required as part of an academic program.
  4. Exceptions
    1. The Chancellor or designee may approve exceptions to the requirements of this policy in appropriate cases.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Meeting March 23, 1984; TBR Meeting June 29, 1990; June 29, 2007; Revised December 11, 2014.

Policy Number: 
4:03:03:00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The following policy applies to the travel of all employees of the institutions governed by the Tennessee Board of Regents, as well as members of the Board staff, in the performance of their official duties. Provisions of this policy also may apply to individuals other than employees who are authorized to travel at institutional, or Board expense. Specific provisions of the policy also address the travel of Board members, pursuant to T.C.A. § 4‑3‑1008. Authorization for travel will not be granted and expenses will not be reimbursed unless the travel is made and reimbursement claimed in accordance with this policy and any approved exceptions hereto. Procurement cards may be used for the payment of registration fees and required advance payments for airline or hotel payments. Procurement cards may not be used for expenses incurred during actual travel time except in instances of team/group travel.

This policy and specific reimbursement rates for travel expenses allowed under this policy shall be consistent with those of the Comprehensive Travel Regulations of the State of Tennessee. Exceptions which may be deemed necessary and approved by the Board shall be submitted for consideration by appropriate State officials. Current reimbursement rates shall be issued by the Chancellor as an addendum to this policy.

All travel must be consistent with the educational, research, and professional needs of the TBR System. Employees must conduct all travel with integrity, in compliance with applicable laws, policies, and procedures, and in a manner that excludes considerations of personal advantage. Employees must exercise good judgment and conduct all aspects of travel in a cost-efficient manner.

Policy/Guideline: 
  1. General Provisions
    1. No authorization for travel by any employee shall be granted, and no reimbursement for travel expenses shall be made, except in accordance with the provisions of these policies and procedures. Reimbursement for travel expenses shall be limited to expenses incurred upon travel authorized in advance in accordance with Section II.
    2. Travel which may be authorized, and pursuant to which expenses may be reimbursed, shall be limited to the following:
      1. Travel which is necessary for the proper execution of official System business, or in justifiable pursuit of an institution's educational and research objectives; or
      2. Travel to meetings and conferences of a professional nature which will increase the attending employee's usefulness to the System.
    3. Travel shall not include, and no reimbursement for expenses shall be made for, transportation in connection with an employee's official station of employment. The employee's "official station" is their regular area of employment activity, e.g., office headquarters, campus, or designated location of an employee established in the field.
      1. The official station of an employee shall be designated by the appointing authority.
      2. It is normally expected that the official station is that location at which the employee spends greater than 50% of their working time.
      3. For an employee required to be on call (as determined by their job description), either overnight or on weekends, the official station of the employee while on call becomes their residence, or the location at which the employee receives the call.
      4. Reimbursable mileage begins at the location at which the employee receives the call.
    4. The employee is considered to be on official travel status, and as such, eligible for reimbursement of travel expenses, at the time of departure from the employee's official station or residence, whichever is applicable, for the purpose of traveling on state business.
      1. Expenses for meals will be allowed when overnight travel is required outside the county of the employee's official station or residence.
      2. En route lodging will be allowed for only one day each way on trips of long duration.
      3. Expenses for lodging will only be allowed in cases where the approved and most direct or expeditious mode of travel will require more than ten (10) hours of continuous travel for trips of long duration.
      4. The lodging expense will not be considered en route lodging if it does not add an additional day of lodging expense.
        1. For example: An employee has a 9:00 a.m. meeting in Atlanta, GA. Assume the employee needs to work a full day prior to the trip. It would be less expensive and more convenient to drive rather than fly. The employee leaves the night before and drives to within two hours of Atlanta. Then the employee spends the night, continues the drive the next morning and arrives for the 9:00 a.m. meeting. This will be reimbursed but is not considered en route lodging as it did not add an additional day of lodging expense to the normal travel expenses.
    5. The limitations on travel expenses contained herein are maximum amounts above which reimbursement shall not be made. Employees are expected to be as conservative as possible in incurring travel expenses.
    6. Reimbursement for travel expenses shall only be allowed for actual expenses incurred, subject to the maximum limitations shown on the Addendum.
      1. Receipts must accompany claims for reimbursement for all expenses exceeding the amount cited on the Addendum.
      2. Receipts are not required for meals, taxi fares, tolls and ferry fees.
      3. Lodging receipts are required and must itemize room charges and taxes. No expenses shall be reimbursed until after travel has been completed.
    7. Internet travel sites such as Expedia, Travelocity or Kayak can be utilized to purchase single travel services such as an airline ticket. Internet travel sites cannot be used to purchase a package of more than one travel service. purchases of travel packages that combine services such as lodging, airline, or vehicle rentals are not allowed. These package deals do not usually provide sufficient itemized pricing for each service purchased and therefore do not allow for proper comparison to CONUS or conference rates as required by policy.
  2. Authorization of Travel
    1. Approving Authorities
      1. The president or designees shall have authority to approve travel by employees of the various institutions.
      2. The Chancellor or designees shall have authority to approve travel by employees of the Board.
      3. Authorization for travel by a student, regardless of the destination, shall be approved by the president of the institution or designee.
    2. In‑State Travel
      1. All employees should obtain prior written authorization for in‑state travel by the employee's appropriate approving authority, except as noted in item 2 below.
      2. Written authorization may not be necessary for in‑state travel where the expected expenses will not be substantial, or when there is no advance notice of the circumstances necessitating the travel, and such travel is approved orally by the appropriate approving authority.
      3. Employees whose employment requires frequent in‑state travel may obtain blanket authorization in writing for such travel.
    3. Out‑of‑State Travel
      1. All employees must obtain prior written authorization for out‑of‑state travel, which must be approved by the employee's appropriate approving authority.
      2. The authorization must show the name of the person traveling, purpose of the trip, destinations, date of departure and return, mode of transportation, estimated expenses, and availability of funds.
      3. If, in the normal course of official business, the employee must routinely travel into another state and back in the same day, such travel will be considered in-state travel and shall be subject to the in-state travel provisions.
        1. This exception applies for trips which do not exceed 50 miles into another state.
      4. Employees whose employment requires frequent out-of-state travel may obtain blanket authorization in writing for such travel.
    4. All Other Travel
      1. Authorization for travel by an employee to Alaska, Hawaii, and all out-of-country travel shall be subject to approval by the president or designee.
      2. Authorization for travel to Alaska, Hawaii, and all out-of-country travel by the president shall be subject to approval by the Chancellor or designee.
  3. Transportation
    1.  General
      1. All travel must be by the most direct or expeditious route possible and any employee who travels by an indirect route must bear any extra expense occasioned thereby.
      2. When work is performed by an employee in route to or from the official station, reimbursable mileage is computed by deducting the employee's normal commuting mileage from the actual mileage driven in performing the work in route to or from the official station.
        1. For example, if an employee normally commutes 10 miles (20 miles round trip), and performs work on the way home from the official station which results in 12 miles driven, the mileage reimbursement will be for 2 miles only, as that is the amount of mileage in excess of the employee's normal commute.
        2. In no instance shall mileage claimed for reimbursement exceed actual miles traveled.
    2. Mode of Transportation
      1. Transportation for employees traveling singly should be by common carrier (air, train, or bus) whenever practical.
      2. The use of air travel is recommended when time is an important factor or when the trip is so long that other methods of travel would increase the subsistence expense.
      3. Automobile transportation may be used to save time when common carrier transportation cannot be satisfactorily scheduled, or to reduce expenses when two or more employees are making the trip.
      4. Reimbursement for personal vehicle use may be claimed at the lesser of the standard mileage rate or comparable cost of commercial transportation including taxi fares and/or limousine charges.
    3. Common Carrier Travel
      1. When travel is by common carrier, the fare must not exceed the standard coach fare charged the general public, and advantage must be taken of round trip rates when available.
      2. The employee's copy of the ticket, or an acceptable receipt, must be submitted for reimbursement of common carrier expenses.
      3. Baggage Fees will be allowed when necessary. A receipt is required for reimbursement.
      4. charges for trip insurance are not reimbursable. The State of Tennessee is self-insured and does not purchase separate insurance, and therefore will not reimburse for insurance purchases made for trips.
    4. Chartered Aircraft
      1. Generally, faculty and staff (including group travel and athletics) whose duties require travel will use commercial ground and air carriers or an institutional automobile.
      2. However, a chartered aircraft may be used if time and/or distance preclude ground travel or if a commercial air service is either unavailable or does not meet the needs of the traveler(s).
      3. The following guidelines apply:
        1. The chief executive officer of each institution shall assign the following duties to a responsible official:
          1. Reviewing and approving requests for charter air services;
          2. Scheduling charter flights; and
          3. Informing those who request charter flights of the charter company’s policy on canceling scheduled flights.
        2. Charter services will be obtained only when it can be shown that the charter does not exceed the sum of all traveling costs by commercial carrier (e.g. transportation, meals, and lodging) or that circumstances necessitate travel when no other means is available.
        3. The charter company must provide the institution with an original, itemized invoice showing the beginning and ending dates of the charter, the origin and destination of each flight, and the names of passengers on each flight.
    5. Automobile Travel
      1. When travel by automobile is appropriate, employees may use state‑owned automobiles whenever available and feasible. However, state‑owned vehicles should be used only on official business.
        1. State Owned Automobiles
          1. When transportation is by a state‑owned automobile, tolls, parking, gasoline and storage expenses are allowable.
          2. When using motor pool automobiles, employees will be furnished with courtesy cards for purchase of gasoline, oil, and other automobile services, and such expenses should not be claimed by employees as travel expenses.
          3. Emergency out-of-pocket expenses, such as towing or emergency repairs, will be reimbursed but must be accompanied by proper receipt identifying the automobile and itemizing the services.
          4. Such expenditures must be of an emergency nature when immediate service is required and access to a state facility is not possible.
          5. Major repairs should be approved by campus officials prior to work being performed. Such expenditures are allowed but should be filed for reimbursement separately.
        2. Personally-Owned Automobiles
          1. Use of a personally-owned automobile must be authorized.
          2. Mileage reimbursement rates are provided on the Addendum.  
          3. The authorized mileage allowance includes all operating expenses such as gas, oil, and repairs precluding any separate claim for such items.
          4. Employees may use reputable websites to determine point-to-point and/or vicinity mileage.
          5. Commuter Mileage
            1. Procedures for calculating mileage are based on the fact that the State is prohibited from reimbursing employees for normal commuting mileage.
            2. If an employee begins or ends a trip at their official station, reimbursable mileage will be the mileage from the official station to the destination.
            3. If work is performed by an employee in route to or from their official station, reimbursable mileage is computed by deducting the employee’s normal commuting mileage from the actual mileage driven.
            4. If an employee begins or ends a trip at their residence without stopping at their official station, reimbursable mileage will be the lesser of the mileage from the employee’s residence to the destination or their official station to the destination. On weekends and holidays, the employee may typically be reimbursed for actual mileage from their residence to the destination.
            5. If an employee travels between destinations without returning to their official station or residence, reimbursable mileage is the actual mileage between those destinations.
        3. The travel claim must indicate the employee's itinerary and must show the official business mileage.
          1. Business mileage as indicated by the official state map or reputable websites, and that published by Rand‑McNally or reputable websites for out‑of‑state routes will be regarded as official.
          2. Vicinity mileage must be reported on a separate line and not included with point‑to‑point mileage. Only mileage on official business may be claimed.
        4. Necessary charges for hotel and airport parking will be allowed.
    6. Limousine and Taxi Service
      1. When travel is by common carrier, reasonable limousine and taxi fares will be allowed for necessary transportation.
      2. Bus or limousine service to and from airports will be used when available and practical.
      3. After arrival at destination, necessary taxi fares for traveling between hotels or lodging and meeting or conference will be allowed.
      4. No receipt is required for reimbursement of reasonable taxi fares.
    7.  Car Rentals at Destination
      1. Charges for automobile rental shall be allowed whenever it is more economical than alternative methods of transportation or it is the only practical means of transportation.
      2. Charges for insurance for rented automobiles are not reimbursable. The State of Tennessee is self-insured and does not purchase separate insurance, and therefore will not reimburse for insurance purchases made for rental vehicles.
      3. Whenever possible, employees should refuel before returning vehicles.
    8. Tolls and Ferry Fees
      1. Reasonable tolls and ferry fees will be allowed when necessary.
      2. 2. No receipt is required for reimbursement of tolls and ferry fees.
    9. Daily Parking Fees
      1. Daily parking fees for those employees working in downtown offices will not be allowed.
      2. If an employee is required to leave their office on official business and later returns the same day, the actual additional charge required to park will be reimbursed up to the maximum indicated (see Addendum).
      3. Those employees required to utilize commercial parking facilities in the daily performance of duties, or while on travel status, will be allowed reimbursement for actual costs.
      4. Receipt is required if the fee exceeds the maximum indicated per day (see Addendum).
    10. Unnecessary meals and lodging expenses which are occasioned by the use of an automobile for reasons of the employee's personal convenience, or which are due to travel by an indirect route, will not be allowed.
    11. If travel is by common carrier, the employee will be reimbursed for expenses in traveling to and from the common carrier including related parking expenses.
      1. Receipts must be furnished on airport and hotel parking exceeding maximum parking allowance in Addendum.
  4. Lodging
    1. In‑State Lodging
      1. Lodging expenses incurred within the state while on authorized travel will be reimbursable to the maximum shown on the Addendum.
    2. Out‑of‑State Lodging
      1. Lodging expenses incurred out of the state while on authorized travel will be reimbursable to the maximum shown on the Addendum.
      2. The maximum reimbursement rates for out-of-state travel are the same as those maintained by the U. S. General Services Administration for federal employees within the continental United States (CONUS).
      3. The CONUS list, available on the General Services Administration web site, contains a standard reimbursement rate for lodging and meals and incidentals, and several pages of exceptions.
      4. Most destinations for out-of-state travel fall within the list of exceptions.
      5. En route lodging will be allowed for only one day each way on trips of long duration.
        1. En route lodging will only be allowed in cases when the approved and most direct or expeditious mode of travel will require more than ten (10) hours of continuous travel. (Refer to Section I.D.2-4 for explanation of en route lodging expenses.)
    3. Out of Country Lodging
      1. Lodging expenses incurred while out of the country will be reimbursed at actual expenses with receipts.
    4. Additional Lodging Expenses
      1. Sales taxes on lodging costs will be reimbursable.
      2. Higher rates for lodging at the location of a convention or conference will be allowed, without special approval, up to the amount indicated in the convention or conference brochure or conference website.
      3. Additional lodging for presidents will be approved on the same basis as approval is granted for other employees. Any exceptions must be approved by the Chancellor.
      4. The convention or conference brochure which indicates the lodging rates must be included with the travel claim. Otherwise, reimbursement will be limited to the applicable lodging rate as provided in these regulations.
    5. Shared Lodging
      1. In the event of double occupancy for state employees on official travel, both employees should attach an explanation to his/her travel claim detailing dates and other employees with whom the room was shared.
      2. The lodging cost may be claimed by the employee who incurred the cost, or one half the double occupancy charge may be allowable for each employee.
      3. If a room is shared with other than a state employee, actual cost subject to the maximum in the Addendum will be allowed.
      4. The receipt for the entire amount should be submitted with the expense account.
  5. Meals
    1.  In‑State and Out‑of‑State Meals
      1. Meals while on authorized travel will be reimbursed, subject to the meal allowance provided on the Addendum.
      2. The maximum per diem rates include a fixed allowance for meals and for incidental expenses (M&I).
      3. The M&I rate, or fraction thereof, is payable to the traveler without itemization of expenses or receipts.
      4. Incidentals are intended to include miscellaneous costs associated with travel such as tips for baggage handling, phone calls home, etc.
      5. The M&I rates for out-of-state travels are the same as those for federal employees, and are available on the General Services Administration’s web site.
      6. As with lodging, there is a standard rate for the continental United States (CONUS), and a list of exceptions.
      7. Reimbursement for meals and incidentals for the day of departure shall be three-fourths of the appropriate M&I rate (either the in-state rate or CONUS rate for out-of-state travel) at the rate prescribed for the lodging location.
      8. Reimbursement for M&I for the day of return shall be three-fourths of the M&I rate applicable to the preceding calendar day.
      9. To assist in this calculation, the following table lists partial per diem rates for meals and incidentals for in-state and out-of-state travel.
        Per Diem Rates Three-Fourths Calculations
        $55 $41.25
        $56 $42.00
        $61 $45.75
        $66 $49.50
        $71 $53.25
        $76 $57.00
      10. The following table may be used to determine reimbursement for a single meal, when appropriate. Reimbursement for meals will not be permitted when overnight travel is not involved.
        In-State and Out-of State of Tennessee
        Meals and Incidental – Allocated by Meal
      11. Revisions to the tables above and below that are required solely by changes in CONUS rates will not be subject to Board approval

        Per Diem

        $55 $56 $61 $66 $71 $76
        Breakfast $13 $13 $14 $16 $17 $18
        Lunch $14 $15 $16 $17 $18 $19
        Dinner $23 $23 $26 $28 $31 $34
        Incidentals $5 $5 $5 $5 $5 $5
    2. Out of Country Meals
      1. Out of Country meals are reimbursed at actual expense with receipts. If no receipts are provided, the maximum rate will be the maximum CONUS rate of Out-of-State travel.
    3. Official Banquets
      1. When the expenses for an official banquet of a meeting or conference are in excess of the meal allowance, the excess will be allowed provided a receipt or proper explanation of the charge is submitted.
    4. Business Meals
      1. See Policy 4:07:00:00 for criteria on reimbursing business meals.
  6. Miscellaneous Expenses
    1. Personal Expenses
      1. Expenses for entertainment (employee or others), laundry, tips and gratuities, etc., are personal expenses and will not be reimbursed in excess of the incidental portion of the M&I rate.
    2. Telephone, Internet and Fax Expenses
      1. Charges for long distance telephone calls, internet, and/or fax on official business will be allowed.
      2. Charges for necessary local calls on official business will be allowed.
    3. Registration Fees
      1. Registration fees for approved conferences, conventions, seminars, meetings, etc., will be allowed including cost of official banquets and/or luncheons, if authorized in advance by the appropriate approving authority, and provided receipts are submitted with the travel claim.
    4. Handling Fees
      1. Fees for the handling of equipment or promotional materials will be allowed up to the maximum indicated (see Addendum).
  7. Claims
    1. The standard form for claims for travel expenses approved by the President, or Chancellor shall be used for reimbursement of expenses.
      1. The form must show movement and detail of expenses on a daily basis, be signed in ink by the employee, and be approved by the appropriate approving authority prior to reimbursement.
      2. Signatures on travel claims must be original or electronic in accordance with TBR policy. Where adequate controls have been implemented to minimize risks associated with travel claim (such as the risk that duplicate claims will be submitted or alterations made to the original claim subsequent to approval by approving authority), travel claims may be submitted for payment electronically via email.
      3. Receipts for appropriate expenses must be submitted with the claim for reimbursement..
      4. Expenses for books, supplies, postage, and other items that do not constitute actual traveling expenses should not be included in the claim form.
      5. Claims for reimbursement for travel expenses should be submitted no later than thirty (30) days after completion of the travel.
  8. Travel Advances
    1. General
      1. Normally travel expenses should be paid when incurred by an employee, with reimbursement made to the employee for actual expenses upon proper submission of a claim for travel expenses.
      2. Advances to employees for anticipated travel expenses may be made under the circumstances hereinafter described as
        1. Permanent travel advances; and
        2. Temporary travel advances are only under extraordinary circumstances as determined by the approving authority.
      3. All travel advances must be approved by the president designee for employees of the institutions, and the Chancellor for employees of the Board.
    2. Permanent Travel Advances
      1. When an employee has blanket travel authorization, and is expected to travel the major portion of each month, the employee may be placed upon permanent travel status.
      2. Upon determination of the employee's estimated monthly expenses, if such expenses exceed $100, the employee may be provided with a single advance in an amount sufficient to cover such expenses for one month, provided such amount may not exceed the semi‑monthly salary of the employee.
      3. Subsequent to the initial advance, the employee shall submit appropriate claims and be reimbursed as heretofore provided, with any unused portion of the advance to be returned upon termination of the employee's permanent travel status.
    3. Temporary Travel Advances
      1. When temporary travel is authorized for an employee, the employee may receive an advance, provided a request for the advance, including estimated expenses, is submitted to the appropriate approving authority with the request for written authorization for the travel, and is approved.
      2. An amount equal to 80% of the estimated out of pocket expenditures will be allowed as an advance, however, no advance less than $100 will be made.
      3. Students traveling under individual authorizations or an employee traveling with a student or students who is responsible for disbursing all funds for the trip may be advanced 100% of the amount of the authorization.
    4. Payroll Deduction Authorization
      1. Each employee receiving a permanent or temporary travel advance for the first time must sign a payroll deduction authorization form which will allow the State to recover the advance from any salary owed the employee in the event of termination of employment or failure to submit a travel claim.
      2. This deduction from payroll should be used as a last resort only in the event all other efforts to collect the advance have failed.
    5. Expense Claim
      1. Upon return, the employee should submit an expense claim detailing actual expenditures. This claim should show the total expenses incurred.
      2. The advanced amount should be subtracted from this total.
      3. A voucher should then be prepared requesting the additional amount due the employee.
      4. No advance should exceed actual expenses. If this does happen, however, the excess should be returned by the employee to the business office for deposit as a credit against the original advance with proper distribution being made of the actual expenses incurred.
      5. In the latter instance, the expense account claim should be forwarded to the business office with notification to file it with the advance request.
    6. Non-business Expenses
      1. You are eligible for reimbursement of travel expenses if your trip was entirely business related.
      2. If your trip was primarily for business and, while at your business destination, you extended your stay, made a personal side trip, or had other personal activities, you can obtain reimbursement for only your business related travel expenses.
      3. These expenses include the travel costs of getting to and from your business destination but do not include additional lodging, parking, and per diem for the days not required for the business travel.
      4. Additional days are not considered business related unless they are necessary to provide rest or sleep required for you to properly perform your duties.
  9. Exceptions
    1. General
      1. The Chancellor shall have the authority to grant exceptions to any part or all of the provisions of this policy when deemed appropriate and necessary; however, any exception directly affecting the Chancellor must be approved by the Vice Chair of the Board.
      2. The Chancellor delegates to the presidents the authority to grant exceptions to any part or all of the provisions of this policy in individual instances when deemed appropriate and necessary; however, any exception directly affecting presidents must be approved by the Chancellor or designee.
      3. Two areas of standing exceptions to the policy are provided below.
        1. Exception No. 1
          1. Provisions for travel contained in this Exception Number One shall be applicable only to the Chancellor and the Chancellors' immediate staff, presidents of institutions, and System employees traveling in their company.
          2. This exception corresponds with Exception Number Three of the Comprehensive Travel Regulations. All provisions of Sections I through IX of this policy shall be applicable unless superseded by the following.
            1. Transportation: First class travel on common carrier shall be allowable at the option of the above designated persons when accompanying others not employed by the State who are traveling in first class accommodations.
            2. Charges for automobile rental shall be allowed whenever it is more economical than alternative methods of transportation or whenever it is the only practical means of transportation.
        2. Exception No. 2
          1. Members of the Tennessee Board of Regents shall be reimbursed for travel in the performance of their official duties in accordance with applicable provisions of the general policy unless superseded by the following, which corresponds with Exception Number Four of the Comprehensive Travel Regulations, provided that necessary approvals shall be made by the Chancellor rather than the Commissioner of Finance and Administration.
            1. Members of the Board shall be reimbursed by the Board office for all allowable travel expenses upon submission of a standard form for claims and appropriate receipts.

Addendum

  1. Tennessee Board of Regents General Travel Policy
    1. This Addendum provides the specific expenses considerations cited in the general travel policy.
      1. The reimbursement rates listed below are consistent with the current Comprehensive Travel Regulations of the State of Tennessee, which may be revised from time to time.
      2. The following shall remain in effect from and after October 1, 2018, until revised by the Chancellor.
      3. The Board delegates to the Chancellor the authority to increase TBR travel rates commensurate with any rate increases approved by the State of Tennessee.
  2. General Reimbursement Rates
    1. Standard mileage rate – Rate approved by the Dept. of Finance and Administration. Link: https://www.tn.gov/content/dam/tn/finance/documents/fa_policies/policy8.pdf State Travel Regulations.
    2. Maximum parking fees without receipt - $ 8.00 per day
    3. Fees for handling of equipment or promotional materials - $ 20.00 per hotel
  3. Out-of-State Reimbursement Rates
    1. Employees are to utilize the U.S. General Services Administration CONUS (Continental United States) rates provided by the federal government.
    2. The CONUS rates are located on the U.S. Government’s web page at www.gsa.gov/
    3. Use the CONUS standard rates for all locations within the continental United States not specifically shown on the web page as a listed point.
  4. In-State Travel Reimbursement Rates
    1. Level I Counties and Cities
      1. Davidson County
        Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
        75% of M&I $179.00 + tax $61.00
      2. Level II Counties and Cities

        1. a. Anderson County, Shelby County, Knox County, Hamilton County, Gatlinburg, Pigeon Forge, Sullivan County, Williamson County, Montgomery County, Putnam County, Rutherford County, Washington County (Includes Paris Landing, Montgomery Bell, Natchez Trace, Pickwick, Fall Creek Falls, and Henry Horton State Parks)

          Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
          75% of M&I $129.00 + tax $55.00
      3. Level III Counties and Cities
        1. All other counties and cities not listed above
          Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
          75% of M&I $94.00 + tax $55.00
  5. Standard Out-of-Country Rates
    Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
    Actual expense or 75% of M&I Actual expense Actual expense or $76.00
  6. Special Rates Under Exception One

    1. This exception applies to the Tennessee Board of Regents' Chancellor and the Chancellors' immediate staff, presidents of institutions, and System employees traveling in their company. This exception rate schedule corresponds with Exception Number Three of the Comprehensive Travel Regulations of the State of Tennessee.

      1. Out-Of-State Reimbursement Rates

        1. Employees are to utilize the U.S. General Services Administration CONUS (Continental United States) rates provided by the federal government.

        2. The CONUS rates are located on the U.S. Government’s web page at www.gsa.gov/

        3. Use the CONUS standard rates for all locations within the continental United States not specifically shown on the web page as a listed point.

      2. In-State Travel Reimbursement Rate

        1. Level I Counties and Cities

          1. Davidson County

            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            Actual expense or 75% of M&I $184.00 +  tax $61.00
        2. Level II Counties and Cities
          1. Anderson County, Shelby County, Knox County, Hamilton County, Gatlinburg, Pigeon Forge, Sullivan County, Williamson County, Montgomery County, Putnam County, Rutherford County, Washington County (Includes Paris Landing, Montgomery Bell, Natchez Trace, Pickwick, Fall Creek Falls, and Henry Horton State Parks)
            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            75% of M&I $134.00 +  tax $55
        3. Level III Counties and Cities
          1. All other counties and cities not listed above.
            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            75% of M&I $99.00 +  tax $55
  7. Special Rates Under Exception Two

    1. This exception applies to Board Members of the Tennessee Board of Regents who are reimbursed for travel in the performance of their official duties. This exception rate schedule corresponds with Exception Number Four of the Comprehensive Travel Regulations of the State of Tennessee.

      1. Out-of State Reimbursement Rates

        1. Employees are to utilize the U.S. General Services Administration CONUS (Continental United States) rates provided by the federal government. The CONUS rates are located on the U.S. Government’s web page at www.gsa.gov/

        2. Use the CONUS standard rates for all locations within the Continental United States not specifically shown on the web page as a listed point.

      2. In-State Travel Reimbursement Rates

        1. Level I Counties and Cities

          1. Davidson County

            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            Actual expense or 75% of M&I $199.00 +  tax $61.00
        2. Level II Counties and Cities

          1. Anderson County, Shelby County, Knox County, Hamilton County, Gatlinburg, Pigeon Forge, Sullivan County, Williamson County, Montgomery County, Putnam County, Rutherford County, Washington County (Includes Paris Landing, Montgomery Bell, Natchez Trace, Pickwick, Fall Creek Falls, and Henry Horton State Parks)

            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            Actual expense or 75% of M&I $149.00 +  tax $55.00
        3. Level III Counties and Cities
          1. All other counties and cities not listed above.
            Day of Departure and Return Maximum Lodging Maximum Meals and Incidentals
            75% of M&I $114.00 +  tax $55.00
Sources: 

Authority

T.C.A. §§ 49-8-203, 4-3-1008; All Federal and State rules and regulations referenced in this policy.

History

TBR Meetings, June 25, 1976; March 3, 1978; September 29, 1978; September 26, 1980; September 30, 1983; March 23, 1984; September 21, 1984; December 13, 1985; June_26, 1987; September 18, 1987; June 30, 1989; September 21, 1990; June 28, 1991; March 20, 1992; October 22, 1993 (Interim action), February 1, 1996 (Interim Action), June 21, 1996, March 27, 1998, August 1, 1998 (Interim Action), March 26, 1999, September 17, 1999, September 1, 2001 (Interim Action), September 26, 2003, December 5, 2003, May 1, 2004 (Interim Action), September 24, 2004; December 3, 2004; June 10, 2005; December 2, 2005; March 31, 2006; March 30, 2007; June 29, 2007; September 28, 2007; March 28, 2008. October 1, 2008 (Interim Action); October 1, 2009 (Interim Action); Board Meeting September 24, 2010; December 9, 2010, June 24, 2011; October 13, 2011 (Interim Action): June 28, 2012: June 21, 2013; October 1, 2013 (Interim Action); Board Meeting June 20, 2014; October 1, 2014 (Interim Action); October 1, 2015 (Interim Action); October 1, 2016 (Interim Action). Revised at Board Meeting, March 31, 2017. October 1, 2017 (Interim Action); October 1, 2018 (Interim Action).

Policy Number: 
4:03:02:00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The purpose of this policy is to establish the minimum regulations and procedures concerning the maintenance and operation of motor vehicles by institutions and employees of the institutions within the Tennessee Board of Regents System. Procedures provide for the assignment of an institutional motor vehicle to certain persons for their official use. Positions included within this procedure are the Presidents of institutions, the Chancellor, Vice Chancellors, and Legal Counsel. The purpose of this procedure is to provide structure to the assignment of vehicles under this policy.

Definitions: 
  • State vehicle or motor vehicle - any motor vehicle owned by the Board or an institution or college of applied technology in the System, or purchased or leased from state funds.
  • Institution - any institution within the Tennessee Board of Regents System, and the offices of the Board of Regents.
  • Employee - any person employed full or part-time by an institution or any person serving as an ‘official volunteer’ at an institution. An ‘official volunteer’ is defined as a person whom the institution has properly registered with the Tennessee Board of Claims pursuant to Tenn. Code Ann. § 8-42-101(3)(B).
Policy/Guideline: 
  1. General Provisions
    1. Motor vehicles are maintained at institutions in the System to facilitate the official business of the System. It is the responsibility of all employees who use state vehicles to ensure the efficient and economical utilization of such vehicles.
    2. All state vehicles shall be used in accordance with the provisions of this policy.
    3. All state vehicles shall be marked in accordance with the current TBR Marking Plan as contained in Attachment A.
  2. Presidents, Chancellor, Vice Chancellors, Legal Counsel
    1. The presidents of the institutions, the Chancellor, Vice Chancellors, and Legal Counsel may be provided an  assigned motor vehicle for their use or receive an automobile allowance. The terms of such use shall be set forth in their respective employment agreements or letters.
  3. Motor Pools
    1. Each institution is authorized to maintain a central motor pool from which vehicles may be dispatched by employees for official business.
    2. When motor pool vehicles are maintained, an employee who needs to use a motor vehicle on state business shall use a pool dispatched vehicle if one is available, unless the employee elects and obtains authorization to use a personally-owned vehicle as provided in the Board's General Travel Policies and Procedures (No. 4:03:03:00).
    3. Motor pool vehicles shall be available for either trip assignments or special assignments.
      1. Motor pool vehicles available for trip assignments will be centrally controlled by the institution and made available for specific trips and returned to the motor pool upon completion of trips and shall be used only for official business and not for personal use.
      2. Special assignment of motor pool vehicles may be made to a division or a person when necessary for use on a regular basis.
      3. Motor pool vehicles, including those used for trip assignments and special assignments may not be used for commuting purposes unless the employee:
        1. Is departing upon or returning from an official trip away from their headquarters or the employee needs the vehicle to conduct institution business after regular working hours or before usual working hours on the next day; or
        2. Has been recommended by the president and approved by the Chancellor to be authorized to use the vehicle for commuting purposes.
  4. Authorized Operators and Passengers
    1. Only employees of an institution with proper departmental authorization may be authorized to operate a state vehicle for official business. Authorization to use a state vehicle shall be limited to official use within the scope of employment of the employee.
    2. All employees must have a valid driver's license prior to being authorized to operate a state vehicle.
    3. Passengers in state vehicles shall be limited to the following:
      1. Employees of the institution when within the scope of employment;
      2. Students of the institution engaged in institutional or school sponsored activities; and
      3. Other persons when it is necessary for them to accompany an employee on official business or as guests of the institution. The spouse and children of employees generally are not considered a guest of the institution unless their attendance is required at the event and they are listed on approved travel authorizations. This provision does not apply to those positions listed in Section II.A. 
  5. Penalties for Misuse of Vehicles
    1. Employees who misuse vehicles will be subject to disciplinary sanctions, depending upon the magnitude of the misuse and the frequency with which it has occurred. Misuse includes any of the following:
      1. Utilization of radar detection devices in state vehicles;
      2. Violations of traffic laws; this includes exceeding posted speed limits, reckless driving, and illegal parking;
      3. Careless operation that results in damage to the vehicle or injury to persons or property;
      4. Use of a vehicle for personal business or unauthorized commuting purposes; or
      5. Use of a vehicle contrary to the provisions of this policy.
    2. The president of the institution, or the Chancellor should determine the penalty appropriate for each violation; and in addition may require the employee to pay for damages to the vehicle caused by misuse.
  6. Notice of Liability and Penalties for Misuse
    1. A notice of liability and penalties for misuse of motor vehicles (Exhibit 1) shall be posted at the site where vehicles are normally checked out, and be contained in each vehicle for the benefit of drivers.
  7. Exceptions
    1. Any exception to this policy must be approved in writing by the Chancellor.

Attachment A

  1. Marking Plan for State Vehicles
    1. The provisions of the marking plan for licensed vehicles are as follows:
      1. All institutions will develop and/or affix their own individual decal containing a minimum surface area of sixty square inches to all licensed vehicles.
      2. The identifying emblem will be displayed on the passenger and driver’s door unless otherwise stated. Some vans will be marked on the side at mid-panel height, and some institutions will further identify the vehicle as security, maintenance, etc.
      3. Vehicles assigned to the chancellor, vice chancellors, legal counsel, and presidents will carry regular series license plates and no decal identification.
    2. These provisions will remain in full effect until revoked or altered in writing by the Chancellor of the Tennessee Board of Regents.

Source: Memorandum dated February 28, 1986, from Chancellor Thomas J. Garland to the State Commissioners of Finance and Administration and General Services

Procedures: 
  1. General
    1. An Eligible Executive includes positions cited in the TBR Motor Vehicle Policy (4:03 :02:00), Section II . At the time of employment, an Eligible Executive may elect to receive:
      1. Assignment of an institutional motor vehicle for their use; or
      2. A motor vehicle allowance.
    2. This election should be made at either:
      1. The time of employment, or
      2. As assigned motor vehicles are replaced.
        1. This replacement should occur as needed based on the useful life of the vehicle and accumulated mileage.
        2. Under no circumstances should the replacement cycle be less than three (3) years.
    3. Once an employee elects to take the motor vehicle allowance, the employee cannot change to an assigned vehicle.
  2. Assignment of an Institutional Motor Vehicle
    1. Eligible Executives selecting this option shall be provided an appropriate motor vehicle by the institution. For purposes of this plan, an appropriate motor vehicle is defined as a late model (no more than five years old) four-door passenger mid-size or full size sedan. The Chancellor shall approve the selection of assigned vehicles for eligible executives. Operating and maintenance cost of the assigned motor vehicle shall be the responsibility of the institution. In recognition that use of the assigned motor vehicle may include non-business use Eligible Executives are required to maintain appropriate types and amounts of insurance to cover any non-business use of the motor vehicle.
    2. To the degree that the motor vehicle assigned is used for non-business purposes, it is the responsibility of the institution to report on the employee's Form W-2 the value of such personal use in the employee's income as compensation subject to withholding for federal income taxes and applicable FICA taxes. Additionally, these amounts shall be considered as compensation for employee benefit purposes.
  3. Motor Vehicle Allowance
    1. Eligible Executives selecting this option shall receive a monthly cash allowance from the institution. In recognition of this payment, the Eligible Executive shall be responsible for all expenses attendant to the:
      1. Purchase or lease (and replacement as needed) of a motor vehicle appropriately suited for the conduct of institutional business. For purposes of this plan, an appropriate motor vehicle is defined as a late model (no more than five years old) four-door passenger mid-size or full size sedan; and
      2. Operation, insurance, maintenance, and repair cost of said motor vehicle.
    2. The monthly automobile allowance amount shall be set in the Eligible Employee's employment agreement.
      1. The allowance consists of two components:
        1. A capital component based on the estimated monthly lease value of a full sized sedan; and
        2. An operating component that applies a mileage rate that considers only the marginal operational cost of a vehicle and assumes 12,000 business miles are driven annually.
      2. It is the responsibility of the business and finance area of the System Office to initially calculate and periodically update the monthly automobile allowance amount.
      3. The monthly automobile allowance will be reviewed and adjusted periodically in conjunction with future compensation studies for presidents and other system executives.
    3. The monthly automobile allowance, under Internal Revenue Service (IRS) Regulations, must be included in compensation on the employee's Form W-2 and is subject to federal withholding and applicable FICA taxes. Additionally, automobile allowance payments are considered compensation for employee benefit purposes.
    4. Eligible Executives whose business related travel exceeds 12,000 miles annually are eligible to be reimbursed for business related mileage. If requesting such reimbursement, the Eligible Executive must provide the institution with a log that documents that the motor vehicle for which the allowance is paid has been used for 12,000 business related miles. The log submitted should comply with IRS guidance for documentation of business usage of a motor vehicle. Once this annual 12,000 mile threshold is achieved, the Eligible Executive may submit mileage reimbursement requests for any business related miles that exceed 12,000 miles. The reimbursement rate shall equal the Board's then current approved mileage rate, less the then current IRS standard mileage rate attributed to depreciation. Mileage reimbursement paid under this item are not considered compensation for income tax purposes and are not subject to federal withholding and applicable FICA taxes.
  4. Funding
    1. Each institution is responsible for funding the provisions of this plan.
Sources: 

Authority

T.C.A. §§ 49-8-203, 8-42-101

History

TBR Meetings, June 29, 1979; June 27, 1980; September 30, 1983; June 29, 1984; June 27, l986; June 24, 1988; September 21, 1990; March 18, 2005; June29, 2007; Board Meeting, September 26, 2014; Board Meeting March 27, 2015. Sept 2018 combined Guideline B-030 into this policy.

Policy Number: 
4:02:20:00
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The following policies and procedures concerning the disposal of surplus personal property shall be followed by all institutions governed by the Tennessee Board of Regents.

Definitions: 
  • Surplus personal property - means that personal property which has been determined to be obsolete, outmoded, unusable or no longer usable by the institution, or property for which future needs do not justify the cost of maintenance and/or storage. Such property must be declared "surplus personal property" by the president, or designee of the transferring institution; provided however, property need not be declared surplus when disposition is through the trade-in method.
Policy/Guideline: 
  1. General Rules
    1. Surplus personal property is either usable property, which shall be transferred or sold, or unusable property, which may be destroyed, as hereinafter provided:
      1. Surplus personal property which is perishable food may be destroyed without delay or notification.
      2. Surplus mattresses may be destroyed or may be otherwise disposed of only upon compliance with T.C.A. § 12-2-403.
      3. Surplus personal property which is determined to be not usable by the institution and of little or no salvage or other economic value may be destroyed by an appropriate method.
      4. The institution shall follow the procedures described in Section II.C of this policy, prior to disposal of all other surplus personal property.
    2. Surplus personal property in which the Federal Government or other entity has a legal interest should be transferred to such entity when no longer needed.
    3. It is unlawful for any state official or employee, including System employees, to purchase from the state except by bid at public auction any surplus property during the tenure of his office or employment, or for six (6) months thereafter. A purchaser who violates this provision is guilty of a misdemeanor under T.C.A. § 12-2-412.
    4. For all sales to individuals except at public auctions including internet auction, the transferring institution conducting the sale shall obtain from the purchaser a signed disclaimer certifying the purchaser is not a state or System employee and that the purchaser is not buying the property for or on behalf of any state or System employee.
    5. All employees of the Tennessee Board of Regents System and their immediate families shall be ineligible to bid for or purchase surplus personal property except by bid at public auction.
    6. Possession of surplus personal property sold to the general public under any method prescribed under Section II.C of this policy shall not pass until payment is made by cash, or if payment is made by cashier’s check or certified check, possession shall not pass until the check is honored by the drawee bank.
    7. Possession shall pass to System institutions, political subdivisions of the state, and other governmental entities upon receipt, by the institution, of purchase vouchers of such institutions, political subdivisions, or other governmental entities. Title to motor vehicles sold as surplus property to political subdivisions and other governmental entities shall be closed as to transferee when title is passed.
  2. General Disposal Procedures
    1. The president of each institution or their designee shall declare personal property to be surplus personal property prior to disposition as such; provided however, property need not be declared surplus when disposition is through use of the trade-in method.
    2. The president or their designee shall designate the department or individual at the institution responsible (hereinafter referred to as "responsible authority") for the disposal of surplus personal property, and the communications and procedures concerning the disposal of surplus personal property.
    3. No article of personal property may be disposed of as surplus except by one of the following methods:
      1. Trade-in, when such is permitted due to the nature of the property or equipment and subject to the provisions of T.C.A. § 12-2-403 and the rules of this policy;
      2. Transfer to other institutions within the Tennessee Board of Regents system;
      3. Transfer to other state agencies;
      4. Sale to eligible political subdivisions of the state and other governmental entities;
      5. Public auction, publicly advertised and held;
      6. Sale under sealed bids, publicly advertised, opened and recorded;
      7. Negotiated contract for sale, at arm’s length; but only in those instances in which the availability of the property is recurring or repetitive in character, such as marketable waste products;
      8. Disposition through the Department of General Services as provided in the Department Rules and Regulations;
      9. Donations to a public school or public school system;
      10. Sale by Internet auction.
    4. If the president, or designee declares the property to be surplus personal property, the method of disposal shall be determined by the responsible authority from the alternatives set forth in Section II.C of this policy. Written documentation for the selection of method of disposal shall be maintained.
    5. The trade-in method, when property is of the nature appropriate for trade-in, and transfer to other institutions in the Tennessee Board of Regents System shall be the first and second priority methods, respectively, for disposal of surplus personal property, except for waste products which shall be disposed of as further provided in this policy.
    6. In the selection of other methods of disposal, the following criteria shall be considered:
      1. The character, utility and functionality of the property;
      2. The economics of disposal in light of all relevant circumstances attendant the proposed disposal, including the condition and climate of the potential market and present estimated market value of the property, transportation costs, and other cost factors associated with disposal; and
      3. Sound fiscal and budgetary policy and practices.
    7. The method of disposal selected in the preceding section shall be implemented pursuant to the specific procedures set forth in this policy for such disposition.
    8. The responsible authority at the institution shall be responsible for the maintenance of accountability documentation on all items of surplus personal property, and shall ensure that adequate audit and inventory trails on all items of surplus personal property are maintained.
    9. Such authority shall make the final determination of the fair market value of surplus personal property for purposes of calculating reimbursements to the transferring institution and to determine whether property may be destroyed pursuant to Section I.A.3.
    10. Nothing shall prohibit an institution from simultaneously providing notice of an intended disposition of surplus personal property to all System institutions and all state agencies as specified in Section IV.A and V.A below.
    11. In such event, if no System institution has requested the property within seven (7) days of the initial notice, the first state agency which had requested the property within such time shall be entitled to receive the property upon reimbursement as provided in Section V. below.
  3. Trade-In on Replacement
    1. Items that must be replaced may, subject to the requirements of this section, be traded in on replacement property.
    2. The responsible authority of the institution shall perform the following functions in connection with the trade-in method of disposal:
      1. Issue invitations to bid asking for bids with trade-in and without trade-in and receive and review bids;
      2. Make an evaluation of the condition and fair market value of the property to be disposed of; Through comparisons of bids and the evaluation prepared, make a determination whether it is in the best interests of the institution to dispose of the property by trade-in or by one of the other methods of disposal.
  4. Transfer to System Institutions
    1.  Except when the trade-in method is utilized or when the property is to be disposed of as a waste product, the responsible authority at the institution shall provide to the president, or designee, or appropriate departments and/or individuals at all other institutions in the System and to the offices of the Tennessee Board of Regents, a notice of intended disposition which shall include;
      1. The name of the individual to contact for additional information;
      2. The location of the property for inspection;
      3. A description of the property;
      4. The condition of the property; and
      5. The original cost and fair market value of the property as determined by the responsible authority.
    2. The initial notice of available surplus personal property may be made at periodic intervals for the purpose of consolidating notices on numerous items of such property for convenience.
    3. The first institution which makes a written request for the available surplus personal property shall be entitled to receive such property.
    4. In the event that no institution requests transfer of available surplus personal property within seven (7) days of the date of the initial notice, the property may be disposed by means of another appropriate method of disposal.
  5. Transfer to Other State Agencies
    1. When transfer to other state agencies is the method of disposal selected; the responsible authority of the institution shall provide notice of the intended disposition to the commissioner or chief executive officer of all state agencies which shall include all information specified in the notice required by Section IV.A.
    2. The first state agency which makes a written request for the available surplus personal property shall be entitled to receive such property.
    3. In the event that no state agency requests transfer of available surplus personal property within seven (7) days of the date of the initial notice, the property may be disposed by means of another appropriate method of disposal.
  6. Sale of Surplus Property to Governmental Entities
    1. Political subdivisions of the state and other eligible governmental entities may purchase surplus personal property by submission of sealed bids for such property to the responsible authority of the institution no later than two (2) days prior to a public auction held for disposal of such property.
      1. Such bids shall be opened two (2) days prior to such public auction and the highest bid shall be selected unless the responsible authority decides that the highest bid does not represent the fair market value.
      2. The responsible authority may reject such bids and may negotiate with the political subdivisions of the state and other entities which have submitted bids in order to obtain a fair market value. In the event negotiation does not result in a fair market value, such property shall be disposed of by public auction.
    2. Political subdivisions of the state and other governmental entities shall retain possession of surplus property purchased from System institutions for at least one (1) year unless disposal is approved by the Board of Standards. Any profit realized from the resale of such property shall revert to the state or the System as their interests may appear.
    3. Any sale of automobiles by a System institution to a county, municipality or other political subdivision or governmental entity shall become null and void and such property shall revert to the state, or the System as their interests may appear, in the event that such political subdivision or governmental entity does not transfer the registration of title to such automobile to its name within seven (7) days after the sale.
  7. Public Auctions and Sales Under Sealed Bids
    1. Public auctions and sales under sealed bids, as provided in this policy, shall be publicly advertised and publicly held.
      1. Notice of intended disposal by public auction or sale under sealed bid shall be entered by the responsible authority of the institution in at least one (1) newspaper of general circulation in the county or counties in which the disposal is to be made reasonably describing the property and specifying the date, time, place, manner, and conditions of the disposal.
      2. The advertisement shall be entered in the public notice or equivalent section of the newspaper and shall run not less than three (3) days in the case of a daily paper and not less than twice in the case of a weekly.
      3. The disposal shall not be held sooner than seven (7) days after the last day of publication nor later than fifteen (15) days after the last day of publication of the required notice, excluding Saturdays, Sundays and holidays.
      4. Prominent notice shall also be conspicuously posted for ten (10) days prior to the date of disposal, excluding Saturdays, Sundays and holidays, in at least two (2) public places in the county or counties where the disposal is to be made.
      5. Notice shall be sent to the county court clerks of the county in which the sale is to be made, and all contiguous counties in Tennessee, except when the fair market value of all the property to be sold is determined in writing by the president or designee to be less than $500.00.
    2. A mailing list shall be developed for mailing to eligible governmental entities and potential buyers of surplus items.
    3. No person, firm or corporation shall be notified of any public auction or sale except as provided by this policy.
    4. Each institution should attempt to include as many items in each sale as is practical and feasible.
    5. All notices of sales of such property shall provide that the property is to be sold "as is" with transportation costs assumed by the purchaser. The notice shall state that the only warranty provided, expressed or implied, is the seller's right, title and interest in the property sold.
    6. All sales by bid or auction shall be with reserve, and when bids received are unreasonably below the fair market value as determined by the responsible authority of the institution or school, all bids shall be rejected and the property shall be thereafter disposed of pursuant to other acceptable methods of disposal.
  8.  Disposal of Waste Products
    1. Marketable waste products such as paper and paper products, used lumber, bottles and glass, rags, and similar materials of nominal value classified as scrap may be sold directly to dealers at the going market rate without soliciting bids. Each institution shall keep a record of the volume and unit price of such materials sold on the scrap market.
    2. Waste products which are subject to storage and are normally accumulated until such quantities are available to make a sale economically feasible shall be sold under sealed bids as follows:
      1. Invitations to bid shall be mailed to known buyers of the particular item;
      2. Three firm bids shall be secured when possible;
      3. Sealed bids shall be publicly opened and recorded ten (10) days, excluding Saturdays, Sundays, and holidays, after the invitations to bid are mailed;
      4. The highest bidder shall be awarded the contract and shall be notified of the date for removal of the property and the method of payment which will be acceptable;
      5. A file shall be maintained for each disposal for the purpose documenting the sale and should include all documents and information pertinent to the disposal.
    3. Anything to the contrary notwithstanding, surplus personal property which is determined to be unusable and of little or no salvage or other economic value may be destroyed by an institution or school as provided in Section I.A.3.
  9. Disposal of Livestock
    1. The Head of the Agriculture Program is responsible for the administration of sales or other disposition of all livestock. The Head of the Agriculture Program shall also ensure that adequate inventory records are maintained. Exceptions must be approved by the President of the Institution.
    2. As applicable for the method of sale, documentation that supports the method of sale, advertisements, invitations to bid, bids received, authorization, minimum prices, and price received should be maintained by the Head of the Agriculture Program.
    3. Consistent with the best interest of the institution, as recommended by the Head of the Agriculture Program, livestock may be sold by the following methods:
      1. Disposition by Public Auction or Sealed Bid - Unless it is in the best interest of the institution to proceed otherwise, livestock shall be sold by invitation of sealed bids or by public auction (i.e., local livestock auctions).
      2. Special Auction/Private Treaty Sales - These methods are used for superior breeding animals, show animals, pedigreed and/or high quality specialty animals.
        1. Prior to advertisement, a responsible faculty member or farm manager shall submit a list of superior animals to be sold at auction or private treaty and obtain written approval from the Head of the Agriculture Program.
        2. The animal(s) available for sale will be advertised through the departmental website, relevant industry publications, or newspaper at least two (2) weeks in advance. A responsible point of contact, who is able to provide information on animal offerings and participate in the selling/bidding process, should be included in the advertisement.
        3. The Agriculture Program will establish minimum sale prices. The farm manager or faculty member in charge of the respective species' research/teaching program shall determine sale prices for each animal. Value shall be based on the genetic, phenotypic, and performance merit of the animal compared to the average of the population.
        4. Sale of the animal will be to the highest bidder at or above the minimum established sale price. In cases of tie bids, a random draw will determine the successful bidder.
      3. Where the price for "commercial" (non-pedigree/non-specialty) livestock can easily be established, the institution may sell directly to "order-buyers" based on current prices when viewed as being in the best interest and most profitable to the institution.
      4. Disposition by Slaughter - Prices for livestock being sold for slaughter shall be based on the National Yellow Sheet prices. The "Yellow Sheet" publication updates prices daily based on a national average. An acceptable alternative for obtaining slaughter animal prices are current USDA Livestock Market Reports.
  10. Sale by Internet
    1. Notice of intended disposal by Internet auction shall be posted on the Internet. Such notice shall specify and reasonably describe the property to be disposed of, the date, time, manner and conditions of disposal, all as previously determined by the responsible authority.
  11. Exceptions
    1. Exceptions to this policy which are consistent with state law may be granted by the Chancellor or designee upon request by the president of the transferring institution, or their designees.
    2. The Chancellor or designee may not approve a method of disposal which is not specified in Sections I.A. or II.C. of this policy.
Sources: 

Authority

T.C.A. §§ 49-8-203, 12-2-403, 12-2-412

History

TBR Meetings, June 29, 1979; September 30, 1983; March 7, 1997; September 26, 2003; June 29, 2007; June 24, 2011: March 29, 2012; Dec 13. 2012; TBR Board Meeting June 19, 2015.

Pages

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