Resources and news regarding the 2013 legislation to create a UO Board of Trustees.
Work in progress, suggestions welcome. Created 5/17/2013. Last updated 5/29/2013:
5/29/2013: Kyr and others are testifying in the Ways and Means subcommittee today. Written testimony here. Supposedly there’s video here: http://www.leg.state.or.us/listn/listenset.htm under conference room F.
Meanwhile, still no response from President Gottfredson on the applicability of the Public Records and Meetings law to the UO Board.
Word from the front is that the W&M meeting was jammed and none of the UO faculty got to speak. They will have another public meeting Wed.
Testimony for the Thursday 5/23/13 Ways and Means meeting on SB270 and HB3120 here. Many strong statements for and against.
Open letters from Frank Stahl, the Deans, and the union on SB270 are posted at the bottom.
The UO faculty union has sent out a message excoriating President Gottfredson for his “asked and answered” monologue on shared governance, and for his plan to gut it, which he will not publicly acknowledge:
To date, faculty who have expressed concern over the future of shared governance at UO have been publicly dismissed by President Gottfredson, and rebuffed at the union negotiating table. For example, when approximately 100 faculty and staff gathered this past Tuesday, May 14 for an opportunity to hear from President Gottfredson on the status of institutional board legislation, he shocked and dismayed many faculty with his lack of respect for preserving shared governance in relation to independent boards and our faculty union contract. At the negotiating table, President Gottfredson’s chief spokesperson has admitted that the UO constitution itself is not enforceable, and could be overturned by a new independent governing board.
Article 12, Section 2. Notwithstanding the exclusive right of the association to negotiate and reach agreement on terms and conditions of employment, recognized in Article 1 (RECOGNITION), and the right of the University to carry out its ordinary and customary functions of management, recognized in Article 5 (RESERVED RIGHTS OF THE UNIVERSITY), the parties agree that it is mutually desirable that the collegial system of shared governance be maintained and strengthened so that faculty will have a mechanism and procedures, independent of collective bargaining, for appropriate participation in the governance of the University. To that effect, the Portland State University Faculty Constitution shall remain in existence for the duration of this Agreement subject to the provisions of Oregon University System IMD 1.120 through 1.126.
But their administration is trying to remove shared governance from the contract too. I wonder if PSU has hired Sharon Rudnick as a consultant? From the PSU AAUP site:
Take-away: The big take-away, from the perspective of our team, is that the administration would like to move much of our current contract language around issues of faculty governance from the contract into the Faculty Senate’s realm (an important advisory board to the Administration). We fear that ultimately, the Administration wants governance to be “shared” disproportionately, leaving faculty fewer rights and privileges. The removal of these powers from the contract would mean significant changes in long standing evaluation procedures and would erode or remove current safeguards around process (removal from the contract means procedural violations could no longer be grieved).
SB270: Creates independent boards for UO and PSU, allows OSU and others to follow if they can show support among their university communities. There is no requirement for such support from the UO community.
- Legislative info: https://olis.leg.state.or.us/liz/2013R1/Measures/Exhibits/SB270
- Current draft (#5): https://olis.leg.state.or.us/liz/2013R1/Downloads/CommitteeMeetingDocument/19825
- President Gottfredson’s info page on governance changes.
- President Gottfredson’s efforts to charge the Register Guard $1065 to see emails from himself and Betsy Boyd on the SB270 negotiations.
- The next (last?) public hearing is scheduled for Th 5/23, 8:30 AM
“SECTION 18. The president and professors constitute the faculty and as such have the immediate government and discipline of a university with a governing board and the students therein, except as otherwise provided by law or action of the governing board. The faculty may, subject to the supervision of the governing board and section 8 of this 2013 Act, prescribe the course of study to be pursued in the university and the textbooks to be used.
What do we have currently?
From OUS State Board OARs at http://www.ous.edu/state_board
Page 104. “(7) Each institution is authorized to formulate a statement of internal governance expressed as a constitution or in another appropriate format which will be ratified as the official statement of internal governance by the relevant institutional body or bodies and the institution president. All statements of internal governance will be consistent with statutes governing the Oregon State Board of Higher Education, the Oregon University System, and any applicable Board rules, policies, or IMD.”
Page 105. “(8) The statement of internal governance is subject to review and amendment when a new institution president assumes office or at other such times provided for in the internal governance statement. Any amendment to the statement of internal governance will be subject to ratification by the relevant institutional body or bodies and the institution president.”
That is what we stand to lose with a UO board, unless a policy specifically protecting existing Constitutions is incorporated in the legislation that creates such boards, or into the faculty union CBA.
Board member qualifications: OHSU / UO comparison. OHSU went independent in 1995 and Kitzhaber views them as the model. Their legislation is here: http://www.leg.state.or.us/ors/353.html There are a few differences between their legislation and the current draft for UO and PSU. One difference? The OHSU legislation requires that the Governor’s appointees actually have some experience or expertise:
(b) Seven representatives who, in the discretion of the Governor, have experience in areas related to the university missions or that are important to the success of Oregon Health and Science University, including but not limited to higher education, health care, scientific research, engineering and technology and economic and business development.
The proposed UO legislation? The governor can appoint anyone he/she wants to the UO Board of Trustees. No higher ed experience required. Pat Kilkenny, anyone?
Regarding the UO Board legislation, SB 270:
Frank Stahl sends this:
On May 20, 2013, President Gottfredson asserted, “The University of Oregon Constitution became the operative document for our shared governance system when [it was] ratified by the statutory faculty and signed by my predecessor on December 15, 2011. It is in effect as ratified and will remain so under an institutional board unless it is modified by procedures delineated in the constitution itself.” (http://president.uoregon.edu/content/president-gottfredson’s-comments-shared-governance).
That statement may sound comforting, but it ignores the fact that university governing boards have no obligation to accept presidential advice whereas they are bound by actions of the State Legislature. Hence the way to guarantee the survival of our Constitution, which is in full compliance with State Law as well as IMDs and Policies of the State Board, is to amend SB270 to include Oregon State Board of Higher Education Policies p 104(7) and p105(8). This is the time for President Gottfredson to exercise much needed leadership by inviting the UO Senate to join him in a statement to the State Senate of support for such an amendment.
The Deans send this: My comments in bold [ ]:
School of Law
The UO Faculty Union sends this:
HB3120: Expands authority and membership of Higher Education Coordinating Commission (HECC). Transfers State Board of Education (SBE) authority for community colleges to HECC. Abolishes Oregon Student Access Commission and transfers policy-making authority to HECC and administrative authority to newly created Office of Student Access and Completion.
- Legislative info: https://olis.leg.state.or.us/liz/2013R1/Measures/Overview/HB3120
New Partnership History:
- Brent Walth’s lengthy interview piece with President Lariviere on the genesis of the “New Partnership”, from the Oregon Quarterly in 2010.
- Phil Knight and Pat Kilkenny’s “Oregonians for Higher Ed Excellence PAC“. Still sitting on $450K, to get SB270 through the legislature.
- Docs on faculty opposition to a board w/o faculty representation, from the IFS and PSU.
- Irene Gerlingher, first woman to serve as a UO Regent, on the strange things that political boards do.
- UO Senate resolution in support of the New Partnership from 2010. Never voted on, from what I can tell.
- The UO Statutory Faculty meets in Mac court in November 2011, and unanimously approves establishment of a committee to work with the administration on independent board legislation. From what I can tell this committee was never appointed.