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Amendments To The Statute.

Original Language Title: Modificazioni allo statuto.

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The RECTOR having regard to Act May 9, 1989, n. 168, establishing the Ministry of University and scientific and technological research, and in particular art. 6 "autonomy of the universities" and art. 16 «University»; Having regard to the Statute of the University of Salerno, issued with rectoral decree October 2, 1996, n. 4649, published in Gazzetta Ufficiale-serie generale-# 242 of October 15, 1996; December 12, 1997, modified by rectoral Decree No. 5353, published in the official journal-General series-# 298 of December 23, 1997; with rectoral decree October 30, 2000, # 5089, published in the official journal-General series-# 261 of November 8, 2000; with rectoral Decree March 4, 2003, # 922, published in the official journal-General series-n. 78 of April 3, 2003; with December 30, 2008, rectoral Decree No. 4522, published in the official journal-General series-n. 6 of January 9, 2009; Having regard to the Decree of the President of the Republic July 11, 1980, # 382 «reorganization of University teaching, its training range, as well as organizational and educational testing; Having regard to the Legislative Decree July 30, 1999, n. 286 «Reordering and enhancement of mechanisms and instruments for monitoring and evaluating the costs of returns and results of activity by Governments in accordance with art. 11 March 15, 1997, law n. 59 '; Having regard to law No 370 October 19, 1999 «provisions for universities and scientific and technological research '; Having regard to the resolution adopted by the academic Senate at its meeting of April 6, 2010 with which a Special Commission has been set up with the function to draw up a proposal for a statutory audit organic; Having regard to the resolution of the academic Senate of June 29, 2010 with which, acquired the opinions of the different organs of the University authorities, were approved unanimously the amendments to the articles of Association and its final and transitional rules; Having regard to the Rector, note prot. # 31219/2010 with which the aforementioned resolution was sent to the Ministry of University and research for the purpose of inspection of legitimacy and merit provided for by art. 6, paragraph 9 of Act No 168/1989; Having regard to the note, prot. # 2618/2010, by which the Ministry pursuant to art. 6, paragraph 9 of Act No 168/1989 has been to have no comments to make on amendments to the Statute with the aforementioned resolution; Given that changes to the staff regulations, repeal and the inclusion of new articles and paragraphs; Considered therefore necessary to proceed to the rearrangement of the Statute with the resulting new numberings and rubricazioni the articles; as well as purely formal and terminological adjustments of the text that are direct and immediate consequence of the changes approved;
Decrees: Art. 1 1. The statutes of the University of Salerno, issued with rectoral decree October 2, 1996, # 4649, published in Gazzetta Ufficiale-serie generale-# 242 of October 15, 1996, as subsequently amended and supplemented, and further amended and supplemented as follows: art. 22, is amended as follows: paragraph 1 is replaced by the following: ' 1. The Rector is the University for all legal purposes and oversees all his activities. It shall exercise functions of address, of initiative and general coordination of scientific and educational activities. ';
After paragraph 1, the following paragraph 2 is added: ' 2. The Rector is responsible for pursuing the aims of the University according to criteria of quality and in compliance with the principles of effectiveness, efficiency, transparency and meritocracy. In particular the Rector: a) convene and chair the academic Senate and the Board of Directors, coordinating the activities;
b) exercises, following the opinion of the Deans of faculties, gathered in College disciplinary authority in respect of professors, researchers and students, according to existing provisions;
c) ensure the observance of all the rules concerning the University, including ordering legal status of staff;
d) shall issue the regulations and the regulations of the University and the inner ones of each structure;
e) prepare fundamental strategic programming document lines triennale di ateneo, under art. January 31, 2005, 1-ter of Decree-Law n. 7 March 31, 2005, converted, with amendments, by law, No 43, taking into account the directions of educational and scientific structures and on the basis of annual and multiannual analysis of available financial resources, prepared by the Board of Directors;
f) based on the strategic planning document, prepares the annual programme of activities of the University;
g) prepares the annual budget and three years and the final balance;
h) propose to the Board of Directors the appointment of the Director-General referred to in art. 62;
I) entering into contracts and agreements that are not within the competence of other autonomous decentralized structures and of the Director-General;
j) shall submit to the competent Minister the periodic reports provided for by law;
k) in case of necessity, adopt an interim order, and shall report, for ratification, the Executive Board or to the academic Senate in the first sitting following;
l) exercise any other function not expressly attributed to other organs under this Statute. ';

the following paragraphs 2, 3, 4, 5, 6, 3, 4 respectively, are renumbered 5, 6 and 7;
in art. 23, paragraph 1 is replaced by the following: ' 1. The Rector is elected from among the professors of full-time, employed by the universities, following the official nominations. The Rector is appointed by the Minister. Remains in Office for four years and is immediately eligible once. ';
the art. 24 is amended as follows:

paragraph 1 is replaced by the following: ' 1. The Senate determines the policy and cultural University addresses; regulatory functions of address, of Government and of the University's development programming in relation to teaching and research activities of the University; He is in charge of coordination and fitting of scientific and educational facilities; acts as a link with the territorial institutions. ';
paragraph 2 is replaced by the following: "2. In particular, the academic Senate: a) approves the document strategic planning triennale di Ateneo, under art. 1-ter of Decree-Law No 7 January 31, 2005, converted, with amendments, by law March 31, 2005, n. 43, based on annual and multiannual analysis of available financial resources, prepared by the Board of Directors;
b) approves three-year programming needs for teaching staff, researchers and administrative assistant, temporary and permanent employment, based on annual and multiannual analysis of available financial resources, prepared by the Board of Directors;
c) approve the annual activity programme of the University of art. 7, paragraph 3;
d) determines, after hearing the Board of Directors of the Department, the criteria for the definition of requirements and for its human, financial and material resource assignment between structures, scientific and service quality based on the results achieved and the relations of the University Board of evaluation, in view of scientific and educational programming presented by the Councils of structures;
e) expresses its opinion on the budget and the final budget of the University;
f) deliberate annual training offer after consulting the Board of Directors regarding the compatibility of the budget;
g) deliberate the study programme of the University;
h) decide on the establishment, modification and decommissioning of facilities for teaching and research and services, after hearing the Board of Directors of Department and after obtaining the opinion of the Board of Directors;
s) determines, after hearing the Board of Directors of the Department, the criteria for the promotion and implementation of national and international programmes of cooperation and Exchange, in scientific and educational field;
j) approve the Statute, the regulations of the University in the field of teaching and research, as well as working regulations of educational, research and service;
k) approve, feel the Board of Directors of the Department and the Board of Directors, the General regulations of the University;
l) shall act on the proposals referred to in point b), paragraph 2, art. 28;
m) emergency decrees issued by the Rector ratification;
n) exercise any other powers that are delegated General and special laws concerning University sequencing, the Statute and regulations. ';
the art. 25 is amended as follows: paragraph 1 is replaced by the following: ' 1. The Senate is so constituted: a) the Rector, as Chairperson; b) the Pro-Chancellor; c) the Deans of faculties; d) the Chairman of the Board of Directors of the Department; and the President of the company) for the right to education; f) nine representatives of aggregations of scientific-disciplinary areas of the National University Council, set out in annex 1 to the present Statute, of which four are Department Directors, one for each of the four aggregations of areas; g) the Student Council President and four elected students; h) two elected representatives of the administrative staff; I) the President of the Campania region; j) the President of the province of Avellino; k) the President of the province of Salerno; l) the Mayor of the municipality of Avellino; m) the Mayor of the municipality of Baronissi; n) the Mayor of the municipality of Fisciano; o) the Mayor of the municipality of Mercato San Severino; p) the Mayor of the municipality of Salerno; q) a representative of the Ministry responsible for education. Participates in the sessions without the right to vote the General Manager. ';
2 the following subparagraphs shall be inserted after paragraph 3, 4 and 5: ' 3. The elective representations referred to in paragraph 1 remain in Office for four years with the exception of student representatives, who remain in Office for two years; their mandate can be renewed once. 4. The performance of the duties of the representations referred to in paragraph 1 and locate the i) to q) are not delegated. 5. The Senate is summoned by the President at least once every two months or at the request of at least one third of its members. The meeting is valid if there is a majority of the members referred to in letters a) to h). ';
the art. 26 is amended as follows: paragraph 1 is replaced by the following: ' 1. the Administrative Board, on the basis of policy and strategic planning choices determined by the academic Senate, performs functions for the implementation and supervision of activities related to the management and financial administration of the University. ";

paragraph 2 is replaced by the following: ' 2. The Board of Directors has also the following responsibilities: a) on the proposal of the Rector and the opinion of the academic Senate, approves annual and triennial forecast, after hearing the Board of Directors of the Department; implementing budgetary changes which become necessary during the year; b) after consulting the academic Senate, approves the final report on the explanatory report and passing it on to the structures which enjoy financial autonomy and spending; c) prepares annual and multiannual analysis of financial resources available under art. 24, paragraph 2, letter a) and b); d) transmit to the Ministry the annual and three-year budget and the final balance; e) expresses opinion about the financial compatibility of academic programs; f) deliberate building of the University plan and assign resources for its implementation; g) draw the conservation guidelines and the adaptation of mobile and immobile assets and supervises the legitimacy of documents concerning the acquisition and use of resources; h) according to the criteria determined by the academic Senate, defines the needs and approves the allocation of human, financial and educational facilities, scientific materials and service; s) shall perform the duties provided by law for the management of administrative staff; j) on the proposal of the Rector gives the position of General Manager; k) approves the regulation for the administrative, financial, and accounting; l) approving the regulation on administrative procedure and on access to administrative documents; m) determines, in consultation with the academic Senate, the amount of tuition and fees required of students; n) felt the academic Senate and the Student Council, takes action of expertise on the management of resources related to the right to education; or emergency decrees issued by the Rector) ratification; p) exercise all the powers delegated to him by the General and special rules concerning the University Statute and regulations order. ';
the art. 27 is amended as follows: paragraph 1 is replaced by the following: ' 1. the Management Board is so constituted: a) the Rector, as Chairperson; b) four teachers elected one for each of the aggregates of scientific-disciplinary areas referred to in annex 1; c) two elected students; d) elected representative of administrative staff; e) two components possess proven management expertise and professional experience of high level chosen by the academic Senate through public notices or at the direction of major regional, national or international bank foundations. Participates in the sessions without the right to vote the General Manager. ';
After paragraph 1, the following paragraph 2 is added: ' 2. The term of Office of the members of the Board's four-year except for that of student representatives, lasting two years; the mandate is renewable consecutively only once. ';
Il comma 2 is renumbered 3 and is replaced by the following: "3. The members of the Board of Directors shall be appointed by Decree of the Rector. The Board of Directors is convened and chaired by the Rector at least once every two months or at the request of at least one third of its members. ';
the art. 32 is amended as follows: paragraph 1 is replaced by the following: ' 1. the College of Auditors exercises control over financial management and accounting of the University. He is appointed by Decree of the Rector and consists of: a) a President, chosen from among judges and lawyers of the State administrative and accounting; b) a full member and one alternate, appointed by the Ministry of economy and finance; c) a full member and one alternate chosen on a shortlist of five directors or officials of the Ministry of education, University and research. '
paragraph 2 is replaced by the following: ' 2. At least two members of the Board must be chosen from among the persons enrolled in the register of Auditors. Cannot become members of the College who have or have had in the previous three calendar years, employment or self-employment relationship with the University. ';
paragraph 3 is replaced by the following: ' 3. the term of Office of the members of the Board lasts four years and is renewable once. ';
the art. 33 is amended as follows: paragraph 2 is replaced by the following: ' 2. The core is made up of five members from outside evaluation experts, appointed by the Rector, felt the academic Senate and the Board of Directors. The term of Office of the members lasts for four years and is renewable once. ';
in paragraph 3, the following point is inserted: ' a) monitors the overall operation of the system of evaluation, transparency and integrity of internal controls of the Administration and carries out the evaluation of the performance of the administrative structure and reward systems; ';
the letter a) and b) are renumbered, respectively, b), c);
Title III is renamed as follows: ' internal structures and joints of the University ";
the art. 35 it is deleted;
the art. 36 is amended as follows: paragraph 1 is replaced by the following: ' 1. The departments are fundamental organizational structures for conducting scientific research. '
After paragraph 1, the following two paragraphs shall be inserted: "2. The departments meet equivalent for purposes of research or method, grouped according to broad scientific and cultural project, consistent with the educational activities and training that the departments involved. 3. In the departments will normally take place all research activities including those facing outwards, consultancy and contract research or Convention. ';
Il comma 2 is renumbered 4;
paragraph 3 is renumbered 5 and is replaced by the following: "5. The establishment, modification and dissolution of the departments are approved by the academic Senate, feel the Board of Directors and the Board of Directors of Department.»;

After subparagraph 3 (now 5) the following paragraph 6 is added: ' 6. Chapters may comprise sections scientifically uniform, where cultural and scientific areas present joints to make it fit. The establishment of sections it is decided by the Department Council by an absolute majority of its members; with similar majorities can deliberate disabling. When a section is excluded the administrative autonomy, financial and expenditure. ';
paragraph 4 is renumbered 7 and is replaced by the following: "7. The departments in particular: a) promote and coordinate the institutional research activities respecting the autonomy of each individual Professor and researcher, and their right to access directly and autonomously to research funding; b) concur with the educational facilities to the Organization and conduct of educational activities of the courses as well as continuing education activities, scientific-cultural sectors of interest; c) promote the establishment, organisation and implementation of PhD courses in consultation with the doctoral schools; d) exercise any other powers which are delegated to them by the University statutes and regulations order in force, as well as by the provisions of the governing bodies of the University. ";
the art. 37 is amended as follows: paragraph 1 is replaced by the following: ' 1. Each Department has a number of professors and researchers not less than forty-five unit not less than thirty-five units for departments bringing together scientific-disciplinary sectors consolidated homogeneous in their specificity. '; in paragraph 2, first sentence, the word ' existing ' and ' Cardenas; the following paragraphs 4 and 5 shall be deleted; in art. 38, paragraph 1 is amended as follows: ' 1. Are organs of the Department: a) the Director; b) the Department Council; c) the Department Board when provided for by regulation of the Department.»;
the art. 39 it is renumbered 40 and is amended as follows: paragraphs 1 and 2 shall be deleted;
paragraph 3 is renumbered 1 and be replaced by the following: ' 1. the Department is the organ of address, programming and management of the Department's activities. ';
After subparagraph 3 (1 hour) the following two paragraphs shall be inserted: "2. the Department in particular: a) approving the regulation of the Department; b) promotes the development of scientific and educational support through the utilization and optimal coordination of personnel and vehicles provided, both by promoting new initiatives; c) organizes the services provided by the Department and shall decide the purchase of equipment; d) contributes to the University's three-year strategic planning document definition; e) makes proposals to the governing bodies of the University about the three-year planning staffing needs teacher, researcher and administrator, for a fixed term and indeterminate; f) contributes to the determination of the criteria for the allocation of human, financial and educational facilities, scientific materials and service; g) approves the plan of annual research and programming of the activities of the Department; h) defines and implements procedures for the evaluation of the activities of the Department and approves the annual report on the State of research and activities; I) based on the plan of annual research and programming of the activities of the Department and to the annual report on the State of research and activities demands for technical and administrative staff, financial resources and spaces; j) based on annual programming plan of research and activities of the Department defines the general criteria for the use of the funds available in the budget; k) approves the budget, its variations during the year and the financial statements prepared by the Executive Director; l) approve agreements and contracts offered to the Department, verifying the possibilities of development and congruence with institutional aims; m) gives opinions and makes proposals to the educational facilities, to whose activity contributes, on the request and the target of full Professor and researcher, as well as, in the composition of the law, to its call for the disciplines of the Department; l) approve requests for PhD cycles at which performance the Department concurs with the agreement of its doctoral schools; o) makes proposals regarding the membership of consortia and company having as its goal the development of research, the preparation and implementation of fundable research projects at local, regional, national, community and international level; p) approve the conclusion of agreements with public and private entities for the activities of its competence; q) approve and check any other initiative, who for various reasons and level, involves facilities and staff of the Department. 3. the Department is formed by professors, researchers, by at least one representative of administrative staff and, without the right to vote, by the Head Office of the administrative structure of reference of the Department; the Council can also join a group of doctoral students ';
the art. 40 it is renumbered 39 and is amended as follows: 1, paragraphs 2 and 3 shall be deleted;
paragraph 4 is renumbered 1 and be replaced by the following: ' 1. the Director represents the Department, he oversees and promotes the activity; care institutional relations department with the other facilities of the University; has the responsibility, jointly with the Head Office of the administrative structure of reference Department, administrative and accounting management of the Department.»;

paragraph 5 is renumbered 2 and is replaced by the following: "2. The Director shall In particular: a) convene and chair the Council of Department and supervises the execution of its resolutions; b) supervises, within the Department and to the extent applicable, statutory compliance, statutory and regulatory requirements; c) prepares, with the Head Office of the administrative structure, the budget and the final balance and submits them to the Council for approval; d) drafts the annual programming plan of research and activities of the Department and submit it to the Council for approval; e) draws up the annual report on research and activities, submit it to the Council for approval and send it to evaluation of University; f) oversees the provision of administrative and support services to the research and education that are managed by the Department; g) concludes contracts, purchases and agreements. ';
After paragraph 5 (hour 2) the following paragraphs shall be inserted: "3. the Director is elected from among the full-time, tenured professors first strip normally and is appointed by Decree of the Rector. 4. Vote of all the members of the Board of the Department Director. The procedure for voting is contained in the rules of the Department. 5. the Director shall remain in Office for three years from the date of the appointment and may not be reelected more than once consecutively. The Director, finished the second term, cannot be reelected until three years. '; paragraph 7 is deleted; paragraph 8 is renumbered 7; in art. 42, paragraph 1 is amended as follows: the word «ten» is replaced by the following: «twenty»;
the art. 43 is amended as follows: paragraph 1 is replaced by the following: ' 1. The departments and Interuniversity Interdepartmental centres or, depending on the performance of their duties, conduct research, consulting, planning and training through contracts and agreements with public and private entities, while respecting the principles of article 9 of this Statute. ';
in paragraph 2, after the word "Department" shall be inserted the words "or from the Centre ';
paragraphs 3 and 5 shall be deleted;
paragraph 4 is renumbered 3;
in art. 51, paragraph 3 is replaced by the following: "3. The principal remains in Office for four years and it's immediately re-elected once. The headmaster, finished last term, he can be reelected only after a four-year period. ';
the art. 62 it is entitled ' General Manager ' and is replaced by the following: ' 1. the Director-General, on the basis of addresses provided by the Board of Directors has overall management activities and organization of services, capital resources and the administrative staff of the University. Its powers do not extend to the management of research and teaching. 2. the Managing Director shall in particular: a) assists the Rector and academic bodies on matters of its competence; b) ensure the implementation of programmes and guidelines defined by the Rector, by the Board of Directors and academic bodies; c) ensure the implementation, for aspects of jurisdiction, of the resolutions and the measures taken by the Rector, the academic Senate and the Board of Directors overseeing the execution thereof; d) in General Organization and financial plans approved by the Board of Directors, defines the Organization of offices and shall establish the measures necessary for the adoption of the relevant acts; assigns duties and responsibilities to managers, defines the objectives that leaders should pursue and assigns the resulting human, financial and material; e) directs, coordinates and controls the activities of managers and managers of administrative proceedings, even with power replacement in the event of inaction, and proposes the adoption, against the leaders, of the measures provided for by the laws in force; f) offers resources and careers related to the administrative staff required for the three-year planning document staffing requirements; g) adopts acts and administrative measures and exercise the powers of spending and revenue capture those coming under the jurisdiction of its offices except those delegated to managers; h) prepares an annual report on the activities and the status of the administrative and management structure of the University and submit it to the Rector; the) exercise any other function conferred by law or by the governing bodies of the University. 3. The Director General is conferred by the Board of Directors, at the proposal of the Rector, a subject selected from among personalities of high occupational qualifications and proven experience with managerial functions. 4. The Director General is governed by fixed-term employment contract under private law of no more than four years. for good cause, the Director-General may be suspended or revoked, with a motivated order of the Board of Directors, at the proposal of the Rector. "