Pernsteiner to update Senate on confidential presidential search in public meeting

Today, Phil Knight Library, Room 101 3:00 ‐ 5:00 pm 

Some live notes: (My interpretation of what speakers mean, not their own words!)

Lorraine Davis talks about OIEB benchmarks, then announces she is leaving the Senate meeting, but wants to say something about emeritus policy first. Why doesn’t the provost even bother to stay for the Senate meeting? An in your face commentary on the weight JH puts on shared governance.

Wants to call emeritus parking “subsidized” rather than free. Will that logic extent to the athletic department budget? Announces she and Jamie will look more at parking issues – including subsidies for jock box and Matt Court garage? What do you think? Now she’s lecturing the faculty about sharing their parking permits with family – it’s a privilege, don’t abuse it, children. My god, have you no shame, madame?

She went on long enough that there’s time for only one question – about admin petition about the bargaining unit.

Her answer: admin is neutral about existence of a union, but objects to this specific bargaining unit.

3:25 Next up: Pernsteiner. He’s not twitching this time. They’ve accumulated a pool of candidates. If you are thinking about applying or nominating someone (Bean? Frohnmayer? Moseley?) now is the time.

3:35 Glen Waddell on change to Intercollegiate Athletics Committee charge. The background on this: Berdahl wants to weaken the IAC, and objects to the current charge because it gives the faculty and students too much power over athletics department. Berdahl’s emails are here. Current charge here. UO has told the NCAA that the IAC provides “student and faculty oversight“. Berdahl wants no oversight. Loss of institutional control? Now Sonja Runberg, an OA from Academic Affairs, moves to table motion and refer to C on C.   Hubin put her up to this. JH is very scared of any faculty student oversight of athletics. Hubin goes on to stall for a bit with irrelevancies – sort of rude wasting the Senate’s time – 20 minutes so far… BTW – where’s Berdahl? President doesn’t even need to show up for Senate meetings? Bonine: Watershed proposal, this is a power grab by our administrative overlords. Vote no on the motion to stall this by sending it to the C on C. Ben Eckstein: admin is stalling. Dev Sinha: thinks Berdahl will back down on a change in charge this small. Runberg calls for a roll call vote: Berdahl wants to know who’s on his side. Bonine calls Runberg out on this: is a division OK or do you need to have a list of names for your boss? Runberg folds on names, the administration’s efforts to stall on this simple change, having taken 50 minutes of Senate time, passes and now goes to committee to waste still more time. Another successful  administrative effort to sabotage faculty governance.

4:25: Policy on Emeriti. Sorry, I’m going to go light on this and check my facebook. Mooney: The admin has been stalling, please vote yes and get this done. And after a quick wording change, it is done!

4:35: ASUO update: Ben Eckstein: While election incidents are serious, ASUO government will survive and will stay autonomous. Frances Dyke had been overcharging ASUO on overhead (and using the money to subsidize the Jocks) this week they got $100,000 back. Nice work.

4:40: Emilio Hernandez on respectful workplace proposal. Staff/OA, maybe an ombudsman?

4:50: UO Truth Commission (student group) on Robin Holmes’s recent changes in OMAS/CMAE. The services are for students, they would like to have a voice in changes, ask Senate support.

4:52: Ben DeJarnette some “student-athletes” are complaining that they have to miss too much class for sports and that their professors are not sympathetic. IAC will study this.

4:55: Frank Stahl says he was going to bring a motion asking for evaluation of UO administrators, but thinks UO Matters is doing a fine job with ad hoc evaluations.


4/11/2012: It’s going to be a while before OUS board chair Matt Donegan and Governor Kitzhaber accumulate enough testosterone to show up in public on the UO campus again. In the interim they’ve been sending George Pernsteiner down to update us on the progress of their search to replace Richard Lariviere. Lots of other interesting topics on the Senate agenda as well, starting with an opportunity to ask Lorraine Davis why she rehired John Moseley as her $248,000 “Special Assistant to the Provost”, or why she had to fire CIO Don Harris before Jim Bean got back from his sabbatical. Or maybe she’ll even tell us how Bean spent the tuition money that the academic plan said would go to hire 100 new TTF. But probably not.

Senate Agenda for 4/11/2012:

3:00  1. Call to Order
       1.1 Approval of the minutes of the March 7 meeting
3:05  2. State of the University
2.1 Remarks by Lorraine Davis, Acting Provost and Senior Vice President
2.2 Questions  and comments with response
3:20 3. Open Discussion
3.1 Update on Presidential Search; George Pernsteiner, Chancellor
3.2 Questions and comments with response
3:40 4. New Business
4.1 Motion on IAC Membership; Glen Waddell, IAC Acting Chair
4.2 Retirement & Emeriti Policy; John Nicols and Jim Mooney, Co-chairs; Tenure Reduction, Retirement and Emeriti Committee
4:15 5. Reports
5.1 ASUO Report; Ben Eckstein, ASUO President
5.2 Respectful Workplace Ad-Hoc Committee Report; Emilio Hernandez, Chair
5.3 OEIB Achievement Compacts Subcommittee Testimony; Robert Kyr, Senate President
5.4 IFS & OUS Leadership Caucus; Robert Kyr
4:40 6. Announcements & Communications from the Floor
6.1 Concern regarding changes to the Center for Multicultural Academic Excellence; UO Truth Coalition
6.2 Motion regarding student athletes and sports scheduling; Ben DeJarnette, Student Athlete
6.3 Motion regarding shared governance & job postings; Frank Stahl, Professor Emeritus (Biology)
5:00  7. Adjournment

UO faculty governance committee call

4/10/2012 Update: The deadline is extended until 4/24. 

There’s a list of current nominations here. Many committees do not have enough names.

4/10/2012 Update: The deadline to complete this form is today.

4/5/2012: This will be an important year for shared governance. The call for faculty/OA/staff participation is out:

To: University Community
From: Committee on Committees
Re: 2012 Appointed and Elected Committee Service Preference Form

Dear University Community,

This is your friendly reminder to please sign up for committee service. To indicate your preferences for 2012-2013 committee service, please complete the “2012 Committee Service Preference Form” located at and on the Senate homepage at by Tuesday, April 10, 2012 at the latest.

In this particularly important year, please help us to address the most crucial issues that we face. We urge you to participate in shared governance by signing up to serve on a university committee. Your time, effort and dedication are greatly valued.

Please be sure to submit your online form by Tuesday, April 10, 2012.

Typically it is difficult to get busy faculty to sign up for these committees. I am thinking that the Lariviere firing, unionization, and the current administration’s efforts to redefine shared governance to diminish the faculty role may motivate more people to get involved this year. The form is a simple survey that takes minutes to complete. Some committees are appointed, some elected. If you want to run for a Senate seat that is an option too. Talk your friends into signing up too, committees are always more fun if you go out for martinis afterwards, or bring a thermos.

The acid test

for leadership at UO for the next few years will have two parts:

a) Did you fight back when OUS fired Lariviere?

b) Can you get over it already, and put in the effort to get UO back on track?

Lots of unpaid committee work coming up for the faculty on this list, starting with the presidential search committee.

UO Constitution passes unanimously, to be signed soon

12/7/2011: Two years of hard work by the Senate Governance Committee and some administrator(s) from Johnson Hall. Passed by unanimous vote of the Faculty Assembly, after some discussion of the role of NTTFs and adjuncts, and one friendly amendment from chemist Paul Engelking to correct the “half plus one” rule for the Senate. The problem? Assume a committee of 3. … Yikes. Thanks Paul,

Now goes to President Lariviere for signature, which by all signs should come quickly.

a plea to attend today’s Faculty Assembly at 3 pm.

On Wednesday Dec 7, 2011, at 12:58 PM, John E Bonine (UO) wrote:

Dear colleagues,

I write to you with a plea to attend today’s Faculty Assembly at 3 pm.

The revised UO Constitution is up for a vote today.  It is a document that
has been intensely negotiated with everyone at Johnson Hall and which
makes major strides forward in faculty governance at UO.  In my view, we
don’t need an Interim President to be spending his few months here going
over this, when he/she must be helping us find a permanent President and
keeping the ship afloat.

The members of the Administration have agreed with major steps toward
allowing Senate (mostly faculty) oversight when the Administration
develops university-side “policies.”  This is critical, because those
policies involve matters such as academic freedom and free speech,
conflicts of interest, etc., etc.  Without these changes, everything
remains ad hoc and without official procedures.

The “statutory faculty” (defined by state law and an Attorney General’s
opinion) continues to delegate day-to-day governance to a broader
University Senate.  But now, if a President disagrees with Senate
legislation or policies, the process involves the President and the Senate
in a collaborative search for a solution.

Importantly, if a dispute is elevated to the statutory faculty Assembly,
the Constitution will now facilitate the participation of all faculty
members, including those who have class conflicts or other reasons they
can’t attend an Assembly meeting.  Just as Oregon’s political system
provides for vote-by-mail, the new UO Constitution provides for

Andrew Marcus in Geography prepared an objective short analysis, which is

We are at a “constitutional moment” when we can help cement shared
governance into UO’s way of doing things. While I realize we could examine
this for more months, many on campus have worked on this over a year and
have produced substantial improvements.  We can always modify it later if
glitches are found.  But right now we have a chance to make a major stride
forward and I urge you to show up and bring your vote.



             John E. Bonine
         Kliks Professor of Law
Distinguished Faculty Fellow, 2007-2010
       1221 University of Oregon
          Eugene, OR 97403 USA

We need turnout for the faculty assembly, 3PM TODAY

12/7/2011: This constitution has been in development for two years – two years of hard work by the governance committee, compromises with the administration, back and forth, compromises by them with us. It is ready to be passed and signed. People I trust – that you trust – support it. There are rumors that a few people may try to stop it by claiming it is a rush job. It’s not a rush job. 2 years. We want it signed now so that President Berdahl can start with a clean slate.

Show up for the faculty assembly, listen to the arguments, we will need your vote.

*New* Faculty Assembly meeting, 3 PM Wednesday, Mac Court (arrive at 2:45)

12/6/2011: The UO administration has been missing in action since the Lariviere firing. It is obvious that UO needs strong faculty leadership and we clearly have it with our Senate President, the Senate Executive Committee, the Senate, and many, many other faculty, who have showed up and did their teaching and research, and then a year of university service in a few weeks with little sleep.

We don’t yet know who we will get for a president, or what terms he or she will be able to extract from Pernsteiner, the Board, and the Governor. But we do know, absolutely, that without our faculty leadership and the turnout in Portland and at Mac court last week by faculty, students, staff, and alumni we would already have been saddled with one internal toady or another, of OUS’s choosing, and willing to sign on to do OUS’s bidding. I believe that is now off the table. We will know soon.

Wednesday’s meeting is to pass a constitution that will help strengthen the faculty’s role in governance. The faculty have taken this power already – we found it huddled under a bush outside Johnson Hall, a little damp, lonely, but still breathing. Adopting it formally requires a meeting of the faculty assembly as was held last week – not just the Senate. Presumably there will also be news from Senate President Kyr on the search for our new UO president.

Why this is important: (thanks to anon commenter)

If I may try to summarize, it sounds the answer to “why is this all important” is, in part, the following:

(1) Faculty will now be guaranteed a chance to review and offer input on policies that will affect our work and the academic mission of UO. 

(2) This constitution encourages collaboration between the pres/admin and the faculty by requiring the president to hear and respond to us on matters that we deem important. 

(3) Although state law and board policy vest final authority in the president, defying the will of the faculty will be a very slow and very public process for a president.

So this constitution will try to make the best use of what little power we have, and where our power falls short it will push for transparency.

Statutory Faculty meeting, MAC court, 2:45 – 5PM Wed 11/30/2011

11/29/2011: Dear Statutory Faculty and UO Community:

There will be a STATUTORY FACULTY meeting tomorrow (Wednesday) Nov. 30 from 3:10 to 5 pm in MAC COURT.  The meeting will be preceded by a 10-minute University Senate meeting. We strongly encourage all statutory faculty* to participate and warmly invite the UO community to observe. …. Statutory Faculty are kindly requested to arrive at 2:45 pm to ensure that everyone is signed in prior to the beginning of the meeting.

The tentative agenda for the meeting is:

Statutory Faculty Assembly Tentative Agenda – Nov. 30, 2011
Mac Court 3:10 – 5:00 pm

3:10 pm  1. Call to Order
  1.1 Introductory Remarks, Robert Kyr
  1.2 Introductory Remarks, Chancellor Pernsteiner
  1.3 Remarks by other distinguished guests
  1.4 Question and Answer Period

4:00 pm 2. New Business
  2.1 Motion President Lariviere
  2.2 Motion for a Process with State Board for the Creation of a local UO Board
  2.3 Motion for a State Board Review of Chancellor Pernsteiner’s contract

5:00 pm 3. Adjournment

The Senate President Robert Kyr and the Senate Executive Committee deeply appreciate your commitment to campus governance and to the future of our University.

*”Statutory Faculty” is defined as the body of professors consisting of the University President, tenure-related officers of instruction, career non-tenure-track officers of instruction, and tenured senior officers of instruction.

The meeting will be streamed live,

The Statutory Faculty Assembly exercises the authority granted to it in 1872, when the Oregon Legislature first decreed that the “president and professors constitute the faculty” of UO “and as such have the immediate government and discipline” of the University.  (Now Oregon Revised Statutes 352.010.)

No faculty on the faculty grievance committee list?

11/2/2011: This is a weird one. I just got the email saying:

The special election for the Promotion Tenure-Retention Appeals Committee (PTRAC) and the Faculty Grievance Appeals Committee (FGAC) has begun. To cast your vote, please log on to DuckWeb and click on the 2011 Faculty/Staff Election tab:

When I go there, I find that all of the people put up to run for the Faculty Grievance Appeal Committee are administrators. That will keep you damn professors in your place. What in the world is (Professor) Peter Gilkey, FGAC Chair, up to with this?

Update: the OAR says “shall be unclassified academic employees with faculty rank.” You decide:

The records on the rest of the nominees also say “RANK: No Rank.” OA’s need a grievance appeals process too. So, let’s write one for them. This does not justify the attempt to stack the Faculty GAC with Gilkey and 2 administrators.

UO Senate speakers call for shared governance

5/26/2011: From Adeline Bash in the ODE:

Among the recognition of the successes made over the past year was a call for Senate and administration to work together to do more.

In a tearful speech, McNelly — recognized for her work to get voting rights for the University’s classified workers — addressed what she said were ongoing issues of disrespect and inequity for the classified staff on campus.

Classified workers have been harassed, threatened, bullied and employees are afraid to report issues for fear of jeopardizing their position, McNelly said.

“It’s gotten worse,” McNelly said directly to Lariviere, who she claimed has not addressed the issue adequately. “We need your help.”

Tublitz, UO police bill

5/11/2011: Two interesting stories in the ODE. Nora Simon has a retrospective on UO Senate President Nathan Tublitz’s term:

Shared governance means the Senate and the administration have joint power to make decisions that affect the University, according to the University’s charter, and Tublitz has fought to keep that relationship balanced.

And Rockne Andrew Roll write on the scene at the legislative hearings on the UO Police bill:

Among the first to testify was Sen. Floyd Prozanski (D-Eugene), who shepherded the bill through the Senate, where it was approved last month. Prozanski was joined in the by Department of Public Safety Chief Doug Tripp and Frances Dyke, University vice president of finance and administration, who acknowledged Prozanski’s leadership on the issue.

Dyke said the costs of implementation would be “relatively minimal” — about $66,000 — and stressed that more than 80 percent of citations issued by DPS for misdemeanor crimes are issued to people who are not students.

$66,000? Really? Many people at UO believe that University of Oregon Vice President Frances Dyke is lying to the Oregon State Legislature, and that a more accurate measure of the cost is 4 to 7 faculty positions. You can hear the testimony here, the lying potential misrepresentation of the actual facts starts at 16:16.

The testimony does make clear that UO intends to cooperate with the city police and use its new powers to patrol and enforce laws (and UO policies?) in student residential areas surrounding the campus. So, my conspiracy view of the reason UO pushed this so hard is that it will allow the UO police to prevent the release of the names of the athletes they arrest, by using the new FERPA exemption from the state public records law, which they recently obtained from Attorney General Kroger.

Senate Agenda

12/1/2010: The Senate meets today, agenda here. A report from President Lariviere/Provost Bean on the Riverfront Research Park should be interesting, given recent revelations about UO’s apparent failure to follow the development procedures. I suspect the statement will be limited, given the potential for a lawsuit from the developer.

France Dyke will talk about parking. Don’t expect any answers about why fees have been raised $600,000 per year to pay for the underground arena parking garage, which cost about $50K per slot. She has been asked this many times, and she’s committed to not explaining the subsidy, ever. The only question is what combination of strategies she will use this time:
a) read from prepared statement, then feign ignorance
b) obsequiously thank the questioner and say her staff will look into it
c) act like the questioner is being unreasonable for not accepting a non-answer

Paul Weinhold of the UO Foundation will speak. This is part of a burst of transparency designed to build support for Lariviere’s restructuring plan. Don’t ask why the Foundation is spending donor money building extravagant offices for themselves and UO Development in the new Alumni Center, instead of on classrooms. Don’t ask how hard we had to work explaining to increasingly skeptical donors why this was the #1 priority for UO. None of your business, you ungrateful student professor punk. Really, this is best for you. Trust us. By the way, we are not going to agree to be subject to the Oregon public records law. Ever.

Wed Senate meeting

11/9/2010: The Senate has an unusually full agenda for tomorrow – everything from the ORI building to a report by Frances Dyke on parking.

The opposition to the ORI project has dug up some documents that apparently show the decisions to approve the building were made without the necessary community input. I suspect they are correct. But I think they are turning the perfect into the enemy of the good. Let’s just build it.

Regarding parking, who knows. Ms Dyke’s normal approach is throw out a few semi-relevant numbers her staff has put together, and then get pissy if anyone challenges her. That or she pours on the saccharin, and says she doesn’t have the numbers but she will get back to you. She won’t. If you call her on this, she will act like you are the one being rude. Right. Remember the furlough Town Hall? Or the Senate meeting on financial transparency?

This is a case of the bad being the enemy of the good. UO needs a new VPFA. It’s past time for Provost Bean to decide who will fill her job while he leads a national search. The longer this goes on the more embarrassing for UO and the people who run it.

Senate Meeting Agenda – November 10, 2010
Law School 175, 3:00‐5:00 pm

3:00 pm 1. Call to order
       1.1 Approval of the Minutes of the 13 October 2010 Meeting
3:05 pm 2. State of the University
2.1 Remarks by President Lariviere and/or Provost Bean
3:20 pm 3. New Business
3.1 Motion US10/11-02: Motion to adopt Research Misconduct Policy, Lynette Schenkel & Rob Horner
3.2 Resolution US10/11-04: Resolution requesting the University to comply with the existing Intergovernmental agreement on the Riverfront Research Park, Zach Stark-MacMillan, Frank Stahl, Ron Lovinger, Bitty Roy and others
3.3 Discussion of updated Retired and Emeritus Faculty Policy, Frank Stahl and Russ Tomlin
3.4 Senate letter to Eugene Congressional delegation about the loss of the UO Post Office
3.5 Senate Budget Committee Report on New Partnership Proposal, John Chalmers
4:10 pm 4. Open Discussion: New Partnership Proposal, President Lariviere & John Chalmers, Senate Budget Committee
4:40 pm 5. Reports
5.1 Update on Smoke Free Campus resolution US08/09-06, Amelie Rousseau, ASUO President
5.2 Update on Parking, Frances Dyke, Vice President for Finance and Administration
4:55 pm 6. Announcements and Communications from the Floor
6.1 Notice of Motion(s)
5:00 pm 7. Adjournment

Senate Meeting

4/18/2010: I missed the Wed Senate meeting but have heard a few reports:

First, Pres Lariviere appeared and made a brief statement about transparency. Leaving Melinda Grier and her lackey Doug Park in charge of public records has been a disaster for UO. Now that it has led to embarrassment for Larviere over the Bellotti contract he is pushing for more transparency. Apparently RG reporter Greg Bolt made 3 public records requests to Grier and Park for the Bellotti contract. They ignored these, and never told Lariviere that people were asking to see a written contract and it did not exist. The result was pretty bad for the credibility of President Lariviere and therefore bad for UO. When he goes to the legislature or the OUS board to argue for UO, this is what everyone is going to remember: $2.3 million on a vague promise from a booster, and his staff hid it from him for a year. Does he know what’s going on this time?

So Lariviere is now planning a revision to UO’s policies and practices. We are trying to get the details – which should be a public record!

Second, Brad Shelton announced the new budget model is moving ahead and will be implemented starting in July. It seems from this and other signs that Frances Dyke is no longer pulling the strings.

Contracts for UO’s senior administrators are up for renewal July 1 and discussions are already underway. So we will know soon if Lariviere is going to make substantive changes at UO, or take the easy way out and keep Frohnmayer’s team on until they slowly fade away. At this point he can hardly argue that he’s surprised by how they run the place.

Bonine v. Grier

12/4/2009: This brief from UO law professor John Bonine to President Lariviere takes on UO General Counsel Melinda Grier and her claim that the faculty’s role in university governance is limited to student discipline and the curriculum. Quoting,

It is important that the University Senate, members of the ad hoc Internal Governance Committee, and individual faculty members understand the legal basis for and extent of the faculty’s role in university governance. The letter from the university president’s General Counsel mischaracterizes both. In this memorandum I shall explain its errors. …

Of even greater importance, the letter completely fails to cite the statutory grant of authority to the faculty that is contained in ORS 352.010. Following that failure, the letter asserts that the faculty’s authority “is not stated in detail” and “is not well-defined.” Combined, the letter gives an impression of the faculty’s role in governance that is quite misleading, as will be explained in the next sections of this memorandum. …

To an incorrect premise—that the statutory basis for the faculty’s authority is undefined while the president’s is plenary—the letter adds another premise without explanation or support. It asserts that “historically the faculty’s authority has been over the curriculum and the discipline of the students.”3 This limited view is also in error, as will be explained below. …

President Lariviere, it’s time to get a new General Counsel, and John Bonine should be on the hiring committee.