{"id":4958,"date":"2016-05-09T14:56:15","date_gmt":"2016-05-09T18:56:15","guid":{"rendered":"http:\/\/www.khpi.org\/blog\/?p=4958"},"modified":"2016-06-21T12:20:39","modified_gmt":"2016-06-21T16:20:39","slug":"uofl-board-of-trustees-deemed-powerless-left-hanging-by-governor","status":"publish","type":"post","link":"http:\/\/www.khpi.org\/blog\/uofl-board-of-trustees-deemed-powerless-left-hanging-by-governor\/","title":{"rendered":"UofL Board of Trustees Deemed Powerless, Left Hanging by Governor."},"content":{"rendered":"

The process of replacing a trustee<\/a> who resigned to allow appointment of an additional racial minority to the Board of Trustees of the University of Louisville and replace a number of trustees whose regular terms in office are expiring is invalid on its face for exactly the same reasons that the UofL Board was neutered.\u00a0 Governor Bevin has not filled the open position with a minority candidate. \u00a0Although my reading of the statute<\/a> that controls gubernatorial appointments to our state Universities allows a Governor to fill unexpected vacancies without having to wait for nominees from the Governor\u2019s Postsecondary Nominating Committee (Nominating Committee<\/a>), the Governor has not explored that route but neither has he called for a meeting of the Nominating Committee to present him with names.\u00a0 A sceptic like myself might wonder if he was stalling to further protect his coreligionist, embattled UofL President James Ramsey. \u00a0After all, it was by declaring the Board of Trustees was illegally constituted that Governor Bevin derailed an earlier attempted vote of no-confidence<\/a> in Dr. Ramsey by the Board.\u00a0 By failing to appoint a replacement trustee and failing to involve the Nominating Committee, the Governor now finds himself in the happy place of being able to replace or reappoint five of the seven-member Nominating Committee itself, thus shaping it to his own policy and preference.<\/span><\/p>\n

Explanation<\/strong>.<\/span>
\n The composition of the Nominating Committee that is required to submit three names for each open trustee slot from which the Governor must choose is subject to its own statutory requirements<\/a>. These are similar to those mandating the composition of state University Boards.\u00a0 Of its seven members, one must be from each of Kentucky\u2019s seven Judicial Districts.\u00a0 Additionally, an even balance of political party, sex, and minority status is required. A Governor is also required to ask for advice from a specific list of higher education entities about who should serve on the Nominating Committee.\u00a0 (I am unaware if this latter procedure was complied with.) \u00a0Two weeks ago, Governor Bevin appointed 4 new members to the Committee and reappointed a fifth. It has been reported that at least one member whose term was still current was unexpectedly discharged from the Committee. [I did not know a Committee member could be replaced at will by a new Governor!] \u00a0Through an Open Records request last week, I asked for\u00a0details of the Nominating Committee\u2019s new roster <\/a>including its racial make-up. \u00a0Of the seven, 6 are men, 5 are Republicans, and \u2013 although racial minority status is not tracked\u00a0in the official roster\u2013 to my knowledge all are white.\u00a0 This does not appear very balanced to me. \u00a0<\/span>Note also, that the political party balance of the committee is based not on which party\u00a0holds the Governor’s office, but on the proportion of registered voters, giving a clear majority this year to Democrats!\u00a0 This white, male, Republican panel represents the antithesis of the Legislature\u2019s intent to have diverse and representative bodies overseeing the higher education institutions of the Commonwealth.<\/span><\/p>\n

\"nominating-comm-breakdown\"<\/a>\u00a0Click on the graphic above for a larger version.<\/span><\/p>\n

Consistency anyone?<\/strong><\/span>
\n The Governor was very clear that because the composition of last spring\u2019s UofL Board of Trustees did not meet his interpretation of its statutory mandate, that any of its actions would be invalid and indeed illegal. \u00a0I assert that by the Governor\u2019s own words and logic, that the Nominating Committee he just appointed is illegally constituted and therefore cannot participate in this year\u2019s round of new appointments to the Governance Boards any of Kentucky\u2019s institutions of higher education.\u00a0 The University of Louisville is therefore left flapping in its demoralizing breeze.<\/span><\/p>\n

As of last week, I am informed by the Governor\u2019s office that no meeting of the Nominating Committee has been scheduled.\u00a0 Even if one is hastily assembled, it is hard to imagine how an essentially new committee would adequately be able to assemble and evaluate a panel of nominees for the Boards of UofL and the other universities \u2013 unless of course, the governor\u2019s office already has in mind who is to be appointed. \u00a0Appointments to Kentucky\u2019s many Boards and Commissions is, after all, one of the most intensely political activities imaginable.\u00a0 This is how political supporters are rewarded, and more importantly, how a sitting governor \u2013 any governor \u2013 gets to shape his or her political agenda. \u00a0In my exploration of the process of board appointments over this last year, I was often told by insiders, that despite the prescribed process, the sitting governor\u2019s choice is the person who ultimately gets appointed. I have seen nothing yet to disabuse me from this assertion. The fact that the Nominating Committee seemingly does little to recruit potential board members and does less to evaluate them is compatible with this belief.\u00a0 I believe it is relevant that one of Governor Bevin\u2019s new appointees to the Nominating Committee was himself the Executive Director of the Office of Boards and Commissions in an earlier Republican administration!\u00a0 I can see where this is going, can\u2019t you?<\/span><\/p>\n

Flapping in the breeze is not what I want for my University.<\/span><\/p>\n

[Addendum May 12<\/span>:<\/span>
\nDid Governor Bevin improperly replace members of the Governor\u2019s Postsecondary Nominating Committee?<\/strong><\/span><\/p>\n

It is clear to my reading that the intent of the controlling legislation of the Nominating Committee was to have staggered 6-year terms for its members so as to maintain continuity and institutional memory. The term of a committee appointment exceeds that of a Governor\u2019s which mitigates against political capture. The desynchronizing result of the Governor\u2019s recent appointments is to put 4 of the Committee\u2019s members in the same track to expire in 2022.<\/span><\/p>\n

I raised the issue in the article above whether any Governor is free to dismiss members of Boards and Commissions for which terms of memberships are defined in statute.\u00a0 In a similar vein, although initial appointments to at some panels like the Nominating Committee require consent by the House and Senate, is it necessary for that consent to be given every year of a given member\u2019s term?\u00a0 It was reported that consent for one of last year\u2019s Nominating Committee members was withdrawn by the Senate giving Governor Bevin an additional slot to fill with a preferred candidate.<\/span><\/p>\n

Tom Loftus of the Courier-Journal recently reported that Governor Bevin \u201chas scrapped, or significantly changed, the makeup of \u2026 important state board[s] that he inherited from his predecessor Steve Beshear. Other boards he recently changed include the Kentucky Horse Racing Commission and Kentucky Tourism Development Finance Authority.\u201d\u00a0 It seems to me that allowing premature dismissal or withdrawal of consent renders these public bodies overly susceptible to political manipulation. \u00a0If it is indeed acceptable to terminate a Board or Committee member at will irrespective of where they are in their term of appointment, what is to keep a\u00a0Governor from replacing more than the UofL Board Trustees who resigned\u00a0to enable the appointment of minority Trustees.<\/span>\u00a0Why might not Governor Bevin attempt to\u00a0replace\u00a0some or all of the Trustees\u00a0that Board member and UofL Foundation Chairman Robert Hughes has publicly and quite disparagingly referred to as\u00a0the “Chardonnay\u00a0Set?” <\/span><\/p>\n

\u00a0(Dr. Hughes accuses some\u00a0trustees of embarrassing\u00a0Dr. Ramsey and rest\u00a0of the Univerity Community. In my opinion Dr. Hughes, you have\u00a0it backwards<\/span>. The only unprofessional and inappropriate\u00a0language I have heard personally in this matter has come\u00a0from you and a handful of\u00a0other\u00a0Ramsey\u00a0supporters. \u00a0In my opinion Dr. Hughes, whether or not Dr Ramsey decides to step down from\u00a0his positions, you should\u00a0do so now. The\u00a0name-calling and accusations\u00a0against your colleagues are\u00a0disgraceful.)<\/span><\/p>\n

\u00a0Who out there can give us a definitive opinion on this important issue?\u00a0 House Speaker Stumbo is suing the Governor over things that seem a lot more trivial or technical than this. What does the law say?]<\/span><\/p>\n

Peter Hasselbacher<\/span>
\n Emeritus Professor of Medicine<\/span>
\n University of Louisville<\/span>
\n 9 May 2016<\/span><\/p>\n

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