Is the long nightmare over, or has it just begun? \u00a0The blockbuster announcement yesterday by Governor Matt Bevin that University of Louisville President James Ramsey had “resigned” shook the Louisville and Kentucky communities. The issues surrounding beleaguered President Ramsey’s tenure had effectively left the University rudderless. \u00a0The possibility of change was received with relief by those wanting it,\u00a0and surprisingly, accepted in concept\u00a0by a few Ramsey supporters in the name of a clean sweep that included dismissal of\u00a0the entire Board of Trustees of the University but which kept the UofL Foundation intact. However, as the executive orders that directed the dismissal\u00a0of the Board and outlined the planned path forward were released for public examination, to some of us, no resignation was apparent and it appears likely that Dr. Ramsey will remain in place for the forceable future. \u00a0Illegal as it certainly is but including\u00a0a Catch-22 paradox, any efforts to challenge Governor Bevin’s fait accompli may\u00a0prolong indefinitely\u00a0Dr.\u00a0Ramsey’s presidencies of both University and Foundation. \u00a0Allow me to explain.<\/p>\n
The facts surrounding the announcement of Ramsey’s change in status and the qualifiers attending it have been reported by the Courier-Journal<\/a>, WDRB<\/a>, and Insider Louisville<\/a> although some of the initial statements will require clarification. Documents released to the public include a press release<\/a> from the Governor’s office; a letter<\/a> from Dr. Ramsey to the Governor describing the terms and conditions under which he is willing to tender a letter of resignation to whatever legally constituted<\/span> Board of Trustees emerges from the process under way; \u00a0 an executive order dismissing<\/a> the current Board of Trustees and defining a new smaller permanent Board; a second executive order appointing a “temporary” three-member Board<\/a>, that unless challenged, will be a\u00a0legally empaneled board; and an email<\/a> sent by President Ramsey to the University Community.<\/p>\n Is it legal?<\/strong> Ironically, Governor Bevin precipitated in the current crisis and\u00a0exacerbated\u00a0the putative “dysfunction” of the \u00a0Board of Trustees himself by declaring it illegal. \u00a0One would think that he would have nailed down an unimpeachable legal\u00a0position before proceeding. He could have easily\u00a0appointed the minority Trustees that would have removed any taint of illegal Board composition. \u00a0Instead, he has dug the hole deeper. If no one challenges his actions in court, his dismissals, present temporary appointments, and plans for a new permanent board become in effect the new legal. A challenge however, no matter how appropriate, dooms the University and its community to a more prolonged agony. Not legal? Ramsey can stay at his discretion. Comments by the Governor and Ramsey supporters already envisage that Ramsey might\u00a0remain as President if his offer of resignation is rejected by a new Board\u2013 legal or not.<\/p>\n Where do the 10 new appointed Trustees come from?<\/strong> Is the path to appointment greased?<\/strong> Can this really all be done in two weeks?<\/strong> The floor has been lowered.<\/strong> Finally<\/strong>. Peter Hasselbacher, MD
\nBy way of outline, I offer the following comments suggesting that he path forward\u00a0is\u00a0fraught with uncertainty. \u00a0First and foremost\u00a0is the issue of whether any of the changes by the Governor are legal. \u00a0Since Ramsey has promised to offer his resignation to a “legally\u00a0reconstructed Board” with\u00a0the potential of being\u00a0accepted, everything ultimately hinges on this distinction. Several real lawyers have already opined that the statutes defining the composition of the UofL Board, how it is to be empaneled, and how existing Trustees may be removed are clearly enshrined in existing law that the Governor is not free to ignore. The UofL Board is not the first such governance or oversight body that the Governor has\u00a0replaced\u00a0wholesale\u00a0while ignoring its\u00a0controlling law. At least\u00a0one of these has already been challenged in the courts. I have pointed out that the very committee that will present Governor Bevin with names of potential new Trustees was just reconstituted illegally<\/a>.<\/p>\n
\nThere has been some confusion\u00a0in reporting about the process\u00a0whereby candidates for the position\u00a0of University Trustee are selected. \u00a0The process is well defined by statute. Governor Bevin himself appears not to be aware of the Board\u00a0nomination\u00a0and appointment process. \u00a0Potential names are not presented to a Governor by the relatively independent Council on Postsecondary Education (CPE) as stated several times by the Governor, but by an entirely\u00a0separate Governor’s Postsecondary Education Nominating Committee, which as its name suggests is entirely a creature of the sitting Governor. \u00a0Governor Bevin has just terminated the unexpired membership of a few of the committee members and turned it into a hand-picked and clearly illegal white,\u00a0male,\u00a0and Republican entity.<\/p>\n
\nThe Nominating Committee is required to present three names to the Governor for each opening on the UofL Board. I attended the last meeting of the Nominating Committee. \u00a0The Committee does not collect potential\u00a0names itself. \u00a0It is staffed by the Governor’s Office which collects and vets the names of\u00a0nominees for the committee. Deliberation regarding\u00a0the candidates is performed behind closed doors with the Governor’s representatives in attendance and participating.\u00a0Individuals with knowledge of the process have told me that the Governor gets whoever he or she wants. \u00a0I have no reason not to believe that is true.<\/p>\n
\nThe Postsecondary Nominating Committee is subject to Open Meeting law<\/a>. That requires published notice of the date and place of the meeting. \u00a0When I checked last week, no such notice had been given. It is\u00a0not clear to me how much notice must be given. Even so, if we are to believe this entire process can be pulled off in the “temporary” two weeks that has been mentioned, this\u00a0would imply that the ultimate nominees\/Trustees\u00a0have already been chosen. I would\u00a0not be\u00a0surprised.<\/p>\n
\nIn further irony, Governor Bevin rescued\u00a0Dr. Ramsey from a vote of no-confidence by the Board of Trustees (that was expected to pass) on the grounds that\u00a0the number of\u00a0minority racial members on the Board was\u00a0illegally underrepresented. \u00a0That could have easily been fixed but was not. \u00a0Governor Bevin wants the current Board of 17 potential gubernatorial appointees reduced to 10. \u00a0No matter what benchmark is used to define the minimum number of racial minority members required,<\/a> or how that qualification\u00a0is defined, the absolute number of minority representatives\u00a0is now less than it was. \u00a0Fortunately a Governor is free to\u00a0appoint as many as needed individuals\u00a0to represent the community (I think), but why enshrine a minimum in the stone of statute?<\/p>\n
\nThis matter is still shaking itself out, and I cannot predict what will happen. \u00a0Some individuals are assuming\u2013 if not hoping\u2013 that good will and implied intention\u00a0will win\u00a0out in the end. \u00a0I wish I could do so too.\u00a0I would like to believe\u00a0that our\u00a0Governor would not allow\u00a0a sham resignation\u00a0to proceed, or to permit or enable\u00a0any\u00a0of the\u00a0shenanigans\u00a0that I have come to expect from the UofL administration, but I must admit\u00a0that I am worried. I liked it when difficult questions were being asked. Those who were asking\u2013 however professionally and politely they did so\u2013 have now been shut down. \u00a0In his executive orders simultaneously delivered to\u00a0the press and the dismissed Trustees, Governor Bevin stated he\u00a0will be fully compliant with the law… and follow it to the letter. \u00a0His actions belie his words.<\/p>\n
\nEmeritus Professor of Medicine
\nUniversity of Louisville
\n18 June 2016<\/p>\nShare this:<\/h3>