UO Board legislation FAQ

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:

Hot topics:

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.

The current PSU faculty union contract includes strong shared governance provisions. Their Faculty Senate Constitution gets legal status:

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.

Protections for shared governance in the current draft of SB270? None:

“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?

Faculty/student/ staff representation? The original bill included 2 voting faculty members and a student. One recent revision had a non-voting student but specifically banned faculty or other employees. The current draft includes the UO president, a student, and a faculty member as non-voting members. Student and faculty selected by the governor.

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 [ ]:

Dear Colleagues:
This is an open letter from the Deans to the UO community regarding this historic moment for our university. Legislation aimed at creating a public governing board for the University of Oregon continues to move forward in Salem, and we see this development as the most promising way to address the challenge of shrinking state support for our mission and our institution.  Simultaneously we are engaged in creating an historic collective bargaining agreement between the University and a new faculty union, one that will establish guidelines for labor practices for years to come.  With this letter we are reaching out to the entire university community to call for a positive, respectful and inclusive debate about the UO’s future. [I’m curious: This has been going on for 8 months. Why did you wait til the last possible minute to reach out to us?]
We believe that a fully informed and constructive dialogue will best serve the future of our institution. We want you to know that we collectively see great potential in the UO’s advance toward institutional governance and toward a fair collective bargaining agreement, and have high hopes for the future under the leadership of President Michael Gottfredson. 
The legislative process that will determine the future of our governance is at a delicate and critical stage. Establishing a public governing board solely dedicated to the UO, with the ability to generate much-needed investments from outside sources is critical to the future success of the university. 
Key legislation now being considered in Salem – SB 270 – is fully congruent with the UO’s commitment to shared governance, as President Gottfredson has affirmed on a number of occasions. [Talk is cheap.] On Monday, the President posted a statement on his website elaborating how his commitment to shared governance will be sustained and honored going forward under a public institutional board. We urge all members of the campus community to review these comments at http://president.uoregon.edu/content/president-gottfredson%E2%80%99s-comments-shared-governance[Websites are even cheaper.]

The university’s collective commitment to shared governance is exemplified by recent actions. Many members of the Provost’s search committee were nominated by the Senate, members of the elected Senate Budget Committee were key participants in this year’s budget setting process, [This is a sham, Gottfredson should know better, and the Deans shouldn’t play along with this nonsense] and the President meets regularly with the elected Faculty Advisory Committee and the elected Undergraduate and Graduate Councils exercise control over development of new curricular proposals. [That’s your best evidence of his commitment to shared governance? Not much. Thanks, but we want it in in a contract that someone besides Randy Geller can enforce.]
As Deans, we strongly support the tradition of shared governance at the University of Oregon and acknowledge its vital role in promoting academic excellence.  As we move forward we do not think it should be narrowly redefined solely within the context of a collective bargaining agreement. As other institutions of higher learning with faculty and staff unions demonstrate, the commitment of Deans and faculty to shared governance cannot and should not be limited to labor contracts between a union and the university.  [Not be limited…. what are they trying to say here? Spit it out: you don’t want the constitution to have legal protections in the contract, so that the faculty can’t effectively enforce shared governance.] We know all faculty at the UO (both represented and non-represented) share a commitment to academic excellence.  Our mission requires that we continue to work together collaboratively to promote the highest possible quality of teaching, learning and research at the University of Oregon.
We are engaged in a major effort to attract and retain the very best faculty and we see the quality of the public discourse among the entire UO community as a key factor in attaining this goal. [Pay us. Why don’t the Dean’s send out an email supporting the unions efforts to get comparable pay?]  In addition, as we prepare to launch a major capital campaign, we hope to engage potential donors and supporters in a positive, constructive and respectful dialogue about the future of the University of Oregon.  We need your help in this endeavor because it is truly a shared vision that depends on our collective efforts. [So why did you wait til the last minute to try and enlist our support, when we had little possibility of influencing the actual legislation?]
The bottom line: We urge the UO community to come together so that we can build one of the strongest and most creative research universities in the nation. We trust [Thanks. Bit late for trust us stuff] that you will join President Gottfredson and us in promoting this noble and exciting endeavor by working together as we move forward.  We value your commitment to excellence and believe that the future of the university is dependent on the strength of the entire UO community.
Frances Bronet, Dean
School of Architecture & Allied Arts
Michael Bullis, Dean
Sommerville-Knight Professor
College of Education
Deborah Carver
Philip H. Knight Dean of Libraries
Scott Coltrane
Tykeson Dean of Arts & Sciences
College of Arts & Sciences
Kimberly Andrews Espy, Dean
Graduate School, Vice President for Research & Innovation
Brad Foley, Dean
School of Music & Dance
David Frank, Dean
Robert D. Clark Honors College
Tim Gleason
Edwin L. Artzt Dean & Professor
School of Journalism & Communication
Cornelis A “Kees” de Kluyver, Dean
Rippey Distinguished Professor
Charles H. Lundquist College of Business
Michael Moffitt
Philip H. Knight Dean

School of Law

The UO Faculty Union sends this:

Shared governance remains front and center this week.  On Thursday, the Oregon House Ways and Means Committee will hold a public hearing on Independent Institutional Board legislation.  On Tuesday and Thursday, our faculty negotiating team will be back at the bargaining table with the Administration’s representatives.  In both arenas, United Academics will continue to press the case to protect and preserve shared governance at UO.
BARGAINING
Bargaining will take place Tuesday and Thursday, 8am-12pm in 122 Knight Library.  Negotiations are open to everyone.  Please make time to attend negotiations and support your faculty negotiators!
LEGSILATIVE ACTION
Senate Bill 270 and House Bill 3120 – the twin pieces of legislation that outline future possibilities for independent institutional boards at UO, OSU, and PSU – are up for a public hearing in the Oregon House Ways and Means Committee’s Subcommittee on Education this Thursday (5/23) at 8:30am in the Capitol, Room HR F.   United Academics strongly believes faculty, staff and students should have representation and voting rights on any future independent board.  As currently worded, pending legislation does not guarantee representation nor voting rights for faculty, staff, nor students.
If you’re able to attend, click here to let us know and learn more about carpool opportunities.
If you’re not able to attend in person, you can make sure that President Gottfredson, Governor Kitzhaber, and our elected representatives know that faculty at UO care about shared governance: CLICK HERE to send your message in support of shared governance now!


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.


New Partnership History:

Senate: Wed May 22, 3 to 5:30. Updated with proposed motion of no confidence.

Update: A hearty congratulations to the losers of the Senate and committee elections. Names of the unfortunate winners are posted here.

Agenda:  Here and below. Legal services, new course approvals, perhaps a motion calling for amendments to SB270 to incorporate the constitution.

Regarding the UO Board legislation, SB 270. FAQ here.

Live blog disclaimer: My interpretation of what people said, meant to say, or what I wished they’d said. Nothing is a quote unless in quotes.

3:00 pm 1. Call to Order
3:02 pm 2. State of the University


2.1 Remarks by Robert Kyr, Senate President
Meet w/ Rob tonight, 6:00-9:00pm at Collier House to give him input for his testimony tomorrow the the State Legislature on SB270.
Kyr: We’ve been dealt a bad hand over the past few years, as a university we’ve done as well as possible with it.

3:20 pm 3. New Business

3.1 UO Senate Leadership and Service Award for Officers of Administration;
Presented to Stephanie Bosnyk, Assistant Dean of Operations, Lundquist College of Business (Jim Bean came in second.)

Standing ovation, very nice remarks. 
3.2 UO Senate Classified Staff Leadership Award; 
Presented to Richard Daniels, Outgoing Mail Specialist
Unable to make the meeting, he’s enjoying his retirement traveling. Very personable written remarks – handy with plumbing and can run a sewing-machine! Slips in a pitch for SEIU and for higher compensation for staff. Slick.

3.3 Wayne Westling Award; 
Presented to Paul Engelking; Professor (Chemistry)
Kyr: Paul’s put UOCC minutes and process onto the web, improving transparency and efficiency.
Engelking: Remembers Wayne Westling with admiration. Great story about how he (Paul) was tricked into becoming Senate president.

Paul Simonds, Senate Parliamentarian: As oldest “dead president” he inducts Kyr into the society, with two bottles of wine, one for each year. Might be worth showing up at Collier House tonight.
3.4 Motion (Legislation): Spring Curriculum Report
Paul Engelking, Chair; Committee on Courses
Approved. 

3.5 Motion (Legislation):
Authorization to Award Degrees; Robert Kyr,  Senate President
Approved.

3.6 Announcement of
Spring Election Results (Kyr) 
3.7 Introduction of New Senators (Kyr) 
Yeah. Good group.

3.8 Signing of
Facilities Scheduling Policy & the Conferral of Posthumous Degrees
Policy (Kyr) 
Pres Gottfredson has agreed and is signing. Free at last.

3.9
Academic Freedom & Freedom of Speech Policy (Kyr) 
Gottfredson wants to divide these into 2 policies, so we’ll put these off until next year. Strange – the union contract has a lot to say about these issues as well.

3.10
Legal Services Policy; Margie Paris (Law), Senate President-Elect & Chair, Legal Representation Policy Review Committee 
Paris: Harbaugh noticed that the UO is now independent of the DOJ, Stahl suggested removing that part. She now proposes delaying until fall so she can consult with UO’s General Counsel.

3.11 Senate-Administration Joint Review of the Office of Research, Innovation,

and Graduate Education [RIGE] (Kyr) 
Committee’s report was due June 15, but it will take much longer.
Blonigen: We have a big charge, putting the committee together took a long time, lots to deal with here. Hopes to meet with stakeholders and with the many complainants about RIGE’s operations and Espy over the rest of the term, then work over the summer to benchmark RIGE with other universities, hope to have report in the fall. 

3.12 Motion (Legislation):
Committee Requirements with Moderate Revisions, Slate 2
(Tenth-Year Review 2013); Robert Kyr, Senate President & Chair, Tenth-Year Review (Committee on Committees) 
Kyr: Moderate revisions to campus planning and the committee on committees.

Campus planning: “Committee shall be consulted early in the process”
Harbaugh and Mitchell propose amendment to include all facilities controlled by UO. Keyes brings up land use issues. Paris proposes postponing til we can figure it out. Approved.

Committee on committees: This committee is supposed to appoint the faculty members of the administration’s advisory groups, when appropriate. Gottfredson has not been doing this. Motion strengthens the Senate’s hand a little.
Approved unanimously.


3.13 Motion (Legislation):
Working Groups for Administrative Advisory Groups (Paris) 
Paris: During the review of committees we discovered that there are a lot of administrative advisory groups that are “owned” by specific administrators. Sullivan: Amendment to allow looking into all such working groups. Approved unanimously.

3.14 Motion (Legislation):
Working Groups for Faculty Research Awards  Committee (Paris)
Approved unanimously

The Senate is now an hour ahead of schedule!

5:25 pm 4. Open Discussion

Stahl: Announces that Nathan Tublitz wants to submit a notice of motion for a vote of no confidence in President Gottfredson.

Woah! Here is the text of Tublitz’s motion, posted with his permission:

Dear Senate President Kyr and Vice President Paris:

Last week I put forward to the Senate a motion of no confidence in President Gottfredson. The following day, after a meeting with the Senate Executive Committee and some FAC members, I agreed to hold off submitting my notice of motion only if the President endorsed the University Constitution and put forward his best effort to ensure that SB270 contained a clause guaranteeing our right to develop and maintain our own internal governance system free from interference by outside groups, including any future UO Board. 

The statement released yesterday by the President on his website (http://president.uoregon.edu/content/president-gottfredson%E2%80%99s-comments-shared-governance [1]) contained no such statement. Neither did the “press release” issued today on his behalf by Administrative Spokesperson Barbara Altmann. Nor has such a statement been issued at the current union negotiations by the Administration’s bargaining team which speaks for the President. It is clear that the President has no intention to ensure the continued existence of our ability to generate our own internal governance system, a right enshrined in the 1876 University Charter and which has been the foundation of our governance system for the past 137 years. 

The President’s unwillingness to go to bat to secure our governance system is the latest of many his actions since he took office that, taken together, demonstrate a disturbing lack of leadership and understanding of the University’s history and traditions. 

Therefore, with this email I formally give notice to the Senate Leadership of a motion of no confidence in President Gottfredson. There is no Constitutional reason not to accept my notice of motion. Thus, please add my notice to the Senate agenda for tomorrow’s meeting and announce the notice of motion at the Senate meeting. 

Please confirm in writing that you will add the motion to the Senate docket and that the motion will be announced at tomorrow’s meeting. 

Sincerely, Nathan Tublitz

Kyr: This is now an executive session, under the Oregon public meetings law, because this is a personell matter.

No blogging about the exec session, because I am registered with the Oregon Secretary of State as an “Institutionalized News Media Organization” and the public meetings law forbids me from reporting on this. I’ll be back when the executive session part is over.

5:32: Executive session is over. Can’t say what was discussed, but the Senate will not be voting on this proposed motion at this meeting, which is the last until Fall.

Kyr: I am very happy that Margie Paris is now taking over as Senate President.

Long standing ovation for Kyr. My opinion is that Kyr has done a stellar job as Senate President and has fully earned the respect of the faculty which he now holds, for his untiring, selfless, and productive service during two incredibly difficult years. He’s negotiated many minefields and has come out of them with the respect of those who’ve worked with him, and at times against him. I say that despite having had him shoot me down on a few issues. We’ve been lucky to have him, and it’s great news for UO that he will continue to serve on the Senate.

5:35 pm Adjournment

Gottfredson’s fire sale on UO Board emails

5/20/2013: I’m guessing these emails about legislation for a UO Board of trustees – a matter of legitimate public interest to many in the state – are now well past their sell-by date, hence the discount. The Register-Guard originally requested them 10 weeks ago:

From: Bill Harbaugh
Subject: Re: PR request for Boyd documents
Date: May 20, 2013 8:49:26 PM PDT
To: Dave Hubin , Gregory Rikhoff , President Gottfredson
Hi Dave:
I don’t understand the email below from your Public Records Officer, regarding emails about the drafting of legislation for an independent UO board.
She says her original estimate was unclear. No, it was perfectly clear, to the penny: $1065.29 to see a few emails.
What is unclear is why the sudden 40% discount she’s now offering. I’ve asked before for an explanation of the PR Office’s policies on fees. You wouldn’t give me anything substantive. Why not?
Please forward an explanation for this unexpected 40% sale price. If I don’t buy at $639.18, is there a chance you’ll come down more? Does the answer depend on how much I can embarrass you, Randy Geller, and President Gottfredson over using these charges to delay or prevent the release of public records to the public?
Can I also expect a discount on the $285 you are trying to charge me for a single email showing the names of the members of the administrative union bargaining team? Are you also willing to haggle over the $535 you are trying to charge for a single month of invoices showing how much public money UO is paying HLGR to negotiate, slowly, with the faculty union?
What will it take to make you see the light on this issue, and realize that your office’s continued and persistent efforts to frustrate the release of public records are, in the end, far more damaging to UO than anything that is likely to be found in these documents?
Thanks for your help with these questions,
Bill Harbaugh
UO Prof of Economics
On MondayMay 20, 2013, at 6:07 PM, “Office of Public Records” <pubrec@uoregon.edu> wrote:
5/20/2013
Dear Mr. Harbaugh-
The estimate I sent you on 5/16 in response to your request for an update on your request for “all records generated or received by University of Oregon employee Betsy Boyd and UO President Gottfredson regarding proposed or draft legislation that would create a University of Oregon governing board or otherwise change the relationship between the UO and state government. The time period for the request is Nov. 1, 2012 to the present”, was unclear.
I would like to clarify that while the actual cost of responding to your request is $1065.29, the office has agreed to provide a fee reduction of 40%. Accordingly, the new estimate for your request is $639.18.  Upon receipt of a check made payable to the University of Oregon in this amount, the office will proceed to locate, copy and provide the records you have requested that are not exempt from disclosure….
Lisa Thornton
Public Records Officer
University of Oregon
Office of the President

Legislative meeting update: Faculty endorses independent UO Board legislation

5/17/3013 Update:

The Ways and Means subcommittee meeting is scheduled for 8:30 AM, Salem, Thursday the 23rd. One last chance to let your legislators know how you feel about this power grab.

5/16/2013:


Whoops, the video of President Kyr and Peter Keyes, and the resolution below, are from November 2011, at the meeting of the Statutory Faculty in Mac Court, protesting the Lariviere firing.

I believed I was endorsing legislation for a board that would including voting faculty and that would put the UO constitution on a firm legal footing.

Now the legislation has been written by President Gottfredson, Randy Geller, and their unknown advisers and lobbyists. There’s been little to no faculty input. Unless you count Gottfredson’s “asked and answered” fiasco on Tuesday.

The Oregon legislature will probably vote on this within weeks. Does the faculty support it in its current form, which includes no voting faculty members, and no guarantees for shared governance? Who knows – we’ve never been asked.

    SFA 11/12-02: Motion for the Establishment of a UO Board of Trustees, Senate Executive Committee presented by Professor Peter Keyes, Architecture
The UO Faculty Assembly directs the Senate Executive Committee, or an ad hoc Senate Committee to be appointed by the Senate President, to initiate negotiations with State Legislative leaders and the Oregon State Board of Higher Education, leading to the appointment of a University of Oregon Board of Trustees. 
The scope of issues to be engaged in the discussion of the powers of this board shall include, but shall not be limited to:
1.    The composition and appointment process of the Board
2.    Operational oversight of the University
3.    Setting of  tuition and fees
4.    Budgetary control
5.    Contract negotiations and contract authority
6.    Bonding authority
7.    Acquisition of property
8.    Status of legal counsel
9.    Construction buildings
10. Authority over the hiring and firing of president of UO.
11. Hiring and personnel policies for faculty and staff

Are Rudnick and HLGR also writing the UO Board legislation?

5/16/2013: Presumably Randy Geller is getting competent legal advice somewhere. Frohnmayer wrote the original version. And if it’s HLGR it would help explain Rudnick’s bargaining table outbursts about keeping shared governance out of the contract. HLGR wrote the Nike tax relief bill that Kitzhaber pushed through in special session, so they’ve got Phil Knight’s trust. The legislative site on the bill is here. I’ll do some more digging, if anyone knows anything please pass it along. Meanwhile the UO Senate will hold a vote of no confidence in Mr. Geller this fall. More on that soon.

After the horse has left the barn, refreshments will be provided

5/6/2013: President Michael Gottfredson invites UO faculty and staff to join him for an informal gathering and discussion of the University of Oregon’s governance structure as a public university within the state of Oregon. University officials who have helped shape pending legislation that would authorize institutional boards, and who have closely tracked the governor’s restructuring of higher education, will attend the session. Another opportunity to discuss governance issues with the president will be scheduled for early June.

Refreshments will be provided at the May 14 event.
More information about university governance proposals is available at http://bit.ly/15aJh1Y
DATE: Tuesday, May 14
TIME: 4 p.m. to 5:30 p.m.
LOCATION: Gerlinger Lounge
Any questions? Contact Staci Knabe, knabe@uoregon.edu; 6-5557

Senator Hass discusses UO Board at noon on OPB

http://www.opb.org/thinkoutloud/shows/who-should-govern-oregon-universities/

The current draft of SB270 includes a faculty member, but only as a non-voting member.

Some recent contributions to the campaign fund of Higher Ed Committee Chair and Senator Mark Hass, courtesy of a curious reader:

1/11/13:  American Association of University Professors $250
1/10/13:  Nike, Inc & Affiliates $1,000
10/18/12:  Phil Knight $5,000
9/27/12:  Nike, Inc & Affiliates $5,000

$250 just doesn’t buy much these days, does it.

On balance though, I’m going to change my mind on this, and agree with President Gottfredson. It’s a bad idea to have a voting faculty member of the Board. I’m not sure what his reasons are, but mine is that it would be a fig leaf. The governor would just appoint some toady, and then the Board would forever be claiming “we made this decision with the full support and vote of our token faculty stooge.” With the bill as amended the jock-sniffers and friends of Nike’s sports marketing machine that are going to end up running the show anyway are going to bear full responsibility for their decisions and the consequences for UO – good or bad.

President Gottfredson’s 4/11/2013 testimony to the legislature. Shouldn’t that be “shared governance”?

Current draft of SB270:

Andy Stahl’s letter to Haas:

Dear Senator Hass, 

I write as a UO/OSU alum and son of long-time (1959-present) UO genetics professor Frank Stahl (co-founder of the UO’s world-class Institute of Molecular Biology).  I have also served on a local school board (Crow-Applegate-Lorane) and, in my professional capacity, am a practical student of government reform and accountability. 

I am sympathetic to the possibility of financial conflicts-of-interest, in particular in regard to collective bargaining, that present themselves with faculty/employee representation on the independent board.  For that reason, many states (albeit not Oregon), bar school district employees from service on their own boards.  In my experience, I have seen the wisdom of that policy. 

I am equally sympathetic to the faculty’s prerogatives in university governance.  Simply put, the enterprise of higher education works best when faculty are empowered.  Oregon has scant few advantages as we recruit against the rest of the world for the best and brightest faculty.  Certainly not salary.  Certainly not benefits.  One of our selling points could be an effective voice in self-governance that ensures academic inquiry is promoted by a University administration that works for the faculty — not the other way around.  That’s what the UO offered in mid-20th century.  It is what attracted my father to Oregon at a time he could have gone anywhere (for which I am grateful!).  In turn, he was able to recruit superb colleagues (e.g., George Streisinger, founder of the UO’s world-famous zebrafish research institute) by promoting the university community’s collegiality.  Those characteristics have eroded beyond recognition today.  The UO is an intellectually poorer place as a result. 

I suggest the following modifications to the current bill might reconcile these goals:
1)  Ensure the independent board’s hiring of the university’s president is subject to the faculty’s advice and consent; 2)  Ensure that the board does not interfere in the university’s day-to-day operations by retaining or strengthening existing state law that vests with the faculty (led by the university president) with the overall governance responsibility for teaching and research.

Advice-and-consent is a well-proven policy that has survived over 200 years in our national Constitution.  No CEO of any large organization can prosper, not can the institution, without substantial support from “above” and “below.”  Faculty advice-and-consent in the hiring of the university president will help establish the respect and buy-in necessary for leadership. 

The responsibility for the internal day-to-day governance of a university should rest with those who have to carry it out — the faculty.  The board should not meddle in such matters. 

In closing, the independent board legislation is too important a matter to get wrong.  If it takes more than a single legislative session to hammer out, so be it.  There is no rush to judgment that compels this legislature to pass a bill that lacks a consensus among the people with the most at stake.  I hope these suggestions are helpful.  Please do reply if you wish any clarification or to discuss these matters. 

Sincerely,
Andy Stahl

UO Foundation and Gottfredson power grab

“UO Foundation resists compromise to include faculty on proposed independent governing boards”From Saul Hubbard in the RG. They’re using money donated to UO to pay Ginny Lang, the lobbyist who is meeting with legislators to fight against faculty participation. Meanwhile President Gottfredson won’t sign the UO constitution that Rob Kyr and the Senate negotiated with Lariviere, he won’t agree to put it in the faculty union contract, and he’s fighting transparency and public records access tooth and nail. I’m sure it’s going down well with the sports boosters at the foundation, who will soon pack the UO Board of Trustees. Last year the UO Foundation spent $2.2M on need-based scholarships, $8.7M on athletic scholarships, and who knows how much on lobbyists. 4/8/2013.

Lariviere on the UO Board and public records

4/1/2013: From an interesting piece by Brent Walth in the Oregon Quarterly in Fall of 2010:

The UO board would have the real power—control over tuition and spending, the power to hire and fire the president, and to OK any major initiative or donor-driven project.
Lariviere says a local board could work well, as long as it doesn’t become beholden to the president, big donors, or other political influences—such as, he says, campaign contributors who want a governor to stack the UO board in a particular way. He’s right—but these are big ifs. This plan increases the chances that the kind of political influences he describes—for good or ill—could affect the operations of the UO. 

Perhaps the biggest ask Lariviere is making is in seeking greater public trust in the UO.
Lariviere makes this request as he tries to turn around the UO’s image that has been scorched in headlines about secret deals, million-dollar buyouts, and a history of cloaked relationships with major donors. In short, Lariviere is asking for Oregonians’ trust at a time when the UO is trying to overcome what he acknowledges is a history of mistrust—capped off in April by the controversial $2.3 million buyout deal of former Duck athletic director Mike Bellotti, which exposed sloppy and cozy dealing within the UO. The University has faced similar criticisms about its reputation for excessive secrecy, especially in regard to what some perceive as foot-dragging when it comes to responding to public-records requests. My colleague at The Oregonian, columnist Steve Duin, wrote that the UO had “adopted a code of secrecy worthy of the KGB”—especially around UO athletics and Phil Knight ’59, chairman of Nike and the University’s megadonor. 

Lariviere says the Bellotti mess (he actually used a barnyard epithet instead of the word mess) helps to make his point about transparency and accountability: He believes a board dedicated to running the UO would have demanded more transparency in the first place and never allowed the University’s athletic director to work based on a handshake deal. Similarly, he has already responded to criticism about public-records foot-dragging by creating a public records ombudsman who will track and make posts on the Internet about the way in which the UO deals with every public records request it receives. Lariviere says it might take years to rebuild the trust the UO has lost. “The legacy of mistrust is pretty deep,” Lariviere says. “I don’t understand it. I understand there is mistrust. I don’t understand what gave rise to it or why the policies were in place that gave rise to mistrust.”

Gottfredson hides emails about UO board negotiations

4/1/2013: President Gottfredson’s public records office is trying to hide the details of the negotiations over the UO Board of Trustees from the public and the press. Dave Hubin sat on this public records request from the Register Guard for more than two weeks before even giving out an estimate. Now he is trying to use excessive fees to prevent the release of the documents:

The University of Oregon has received your public records request for “all records generated or received by University of Oregon employee Betsy Boyd and UO President Gottfredson regarding proposed or draft legislation that would create a University of Oregon governing board or otherwise change the relationship between the UO and state government.The time period for the request is Nov. 1, 2012 to the present”, on 03/20/2013, attached. The office has at least some documents responsive to your request.  By this email, the office is providing you with an estimate to respond to your requests.

The office estimates the actual cost of responding to your request to be $ 1065.29. The University has agreed to reduce this fee by 40%. Accordingly, upon receipt of a check made payable to the University of Oregon in the amount of $639.18, the office will proceed to locate, copy, and provide the records you have requested that are not exempt from disclosure.  Your check may be sent to the attention of Office of Public Records, 6207 University of Oregon, Eugene, OR 97403-6207.

Wouldn’t want the public to know anything about the negotiations to set up a board for a public university.

UO Board of Trustees legislation firms up

The Senate Interim Committee on Education and Workforce Development, consisting of

Chair Senator Mark Hass, Vice-Chair Senator Tim KnoppSenator Lee BeyerSenator Jeff Kruse, and Senator Arnie Roblan 

has approved this amended version of SB270, the independent board legislation. They haven’t voted it out of committee yet, but my guess is that will happen pretty soon – I don’t see any more sessions scheduled. The highlights?
  • The Board of Trustees will have significant power. It sets tuition, issues bonds, hires and fires the president, and sets her pay.
  • UO, rather than the state, gets stuck with all past and future liabilities – think football and CTE, the O’Bannon case against the NCAA, etc.
  • Board appointed by governor, not self-perpetuating. “The university” can recommend a slate.
  • No faculty or staff will be allowed on the board, except UO Pres is ex-officio. Token student.
  • The board can take away existing faculty power by fiat.
The last of those comes from this:

“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.

How will this interact with the rights of the faculty assembly and the UO constitution?

Full text, below the break, with highlights in bold. Comments welcome.

“SECTION 1. (1) The Legislative Assembly finds that the State of Oregon will benefit from having public universities with governing boards that: “(a) Provide transparency, public accountability and support for the university.
“(b) Are close to and closely focused on the individual university.

“(c) Do not negatively impact public universities that do not have governing boards.
“(d) Lead to greater access and affordability for Oregon residents and do not disadvantage Oregon students relative to out-of-state students.
“(e) Act in the best interests of both the university and the State of Oregon as a whole.
“(f) Promote the academic success of students in support of the mission of all education beyond high school as described in ORS 351.009.
“(2) The Legislative Assembly also finds that: “(a) Even with universities with governing boards, there are economy-of-scale benefits to having a coordinated university system.
“(b) Even with universities with governing boards, shared services may continue to be shared among universities.
“(c) Legal title to all real property, whether acquired before or after the creation of a governing board, through state funding, revenue bonds or philanthropy, shall be taken and held in the name of the State of Oregon.
“(d) The Legislative Assembly has a responsibility to monitor the success of governing boards at fulfilling their missions, their compacts and the principles stated in this section.

 UO accepts all past and future liabilities:

“SECTION 2. As used in sections 1 to 23 of this 2013 Act: “(1) ‘Governing board’ means a governing board established by a university under section 3 of this 2013 Act that manages the affairs of the university by exercising and carrying out all of the powers, rights and duties that are expressly conferred upon the board by law, or that are implied by law or are incident to such powers, rights and duties.
“(2) ‘University with a governing board’ means a public university listed in section 3 of this 2013 Act that has established a governing board.
“SECTION 2a. (1) A university with a governing board is a governmental entity performing governmental functions and exercising governmental powers. The university is not considered a unit of local or municipal government or a state agency, board, commission or institution for purposes of state statutes or constitutional provisions.
“(2) A claim against a university with a governing board is not a claim against the State of Oregon. All liabilities of a university with a governing board are the sole responsibility of the university with a governing board. This subsection applies to all liabilities existing on or arising after the operative date of this section.

“SECTION 3. (1) A governing board is established for each of the following public universities: “(a) University of Oregon;
“(b) Portland State University; and “(c) Oregon State University, if the president of Oregon State University notifies the Governor that the university will become a university with a governing board in the manner set forth in section 168 of this 2013 Act.
“(2)(a) The University of Oregon governing board shall be known as the Board of Trustees of the University of Oregon.
“(b) The Portland State University governing board shall be known as the Board of Trustees of Portland State University.
“(c) The Oregon State University governing board shall be known as the Board of Trustees of Oregon State University, if the president of Oregon State University notifies the Governor that the university will become a university with a governing board in the manner set forth in section 168 of this 2013 Act.

“SECTION 4. Upon a request to the Governor by the president of Eastern Oregon University, Oregon Institute of Technology, Southern Oregon University or Western Oregon University to establish a governing board for the university, or upon a request made by the president of Oregon State University after January 1, 2014, to establish such a board, the Higher Education Coordinating Commission shall: “(1) Evaluate and determine whether: “(a) There is clear evidence of support for a governing board by the university community;
“(b) The university has the capacity and capability to be governed by a governing board; and “(c) A governing board of the university will function in accordance with the findings set forth in section 1 of this 2013 Act.
“(2) Make recommendations to the Legislative Assembly as to whether, in addition to the public universities with governing boards listed in section 3 of this 2013 Act, a governing board should be established for the university.

“SECTION 5. (1) On an annual basis, the Higher Education Coordinating Commission shall submit to the Legislative Assembly an evaluation of each university with a governing board. The commission may make recommendations to the Legislative Assembly regarding the ability of the university to meet academic goals and fulfill its fiduciary responsibilities.
“(2) The evaluation must include: “(a) A report on the university’s achievement of outcomes, measures of progress, goals and targets as described in the university’s achievement compact with the Oregon Education Investment Board;
“(b) An assessment of the university’s progress toward achieving the mission of all education beyond high school as described in ORS 351.009; and “(c) An assessment as to how well the establishment of a governing board at the university comports with the findings set forth in section 1 of this 2013 Act.

 No faculty allowed. “The University” nominates, the governor appoints. 

“SECTION 6. (1) A governing board for a public university must be formed and maintained as provided in this section.
“(2)(a) The Governor shall appoint 11 to 15 members of the governing board, subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.
“(b) For each appointment, the university shall nominate a slate of candidates and shall forward the recommended candidates to the Governor for consideration.
“(c) The governing board must include one person who is a student enrolled at the university.
“(d) The president of the university shall be an ex officio nonvoting member of the governing board.

“(3)(a) The term of office for each appointed nonstudent member of the governing board is four years.
“(b) The term of office of each student member of the governing board is two years.
“(c) A member appointed to the governing board may not be appointed to serve consecutively more than two full terms as a board member.
“(d) The Governor may remove any appointed member of the governing board at any time for cause, after notice and public hearing, but may not remove more than three members within a period of four years, unless it is for corrupt conduct in office.
“(e) Vacancies shall be filled by appointment by the Governor for the remainder of the unexpired term.
“(4) Except for the president of the university and the student member of the governing board, a member of the board may not be an employee of the university.
“(5) The governing board shall select one of its members as chairperson and another as vice chairperson for such terms and with duties and powers as the board considers necessary for the performance of the functions of those offices. The governing board shall adopt bylaws concerning how a quorum is constituted and when a quorum is necessary.
“(6) The governing board shall meet at least once quarterly, and may meet at the call of the chairperson or a majority of the voting members of the board.
“(7) A newly formed governing board shall convene for the first time between the beginning of January and the end of July of an even-numbered year.

OEIB maintains some control:

“SECTION 8. (1) A university with a governing board shall enter into an achievement compact with the Oregon Education Investment Board for each fiscal year.
“(2) The governing board shall adopt a mission statement for the university, which shall be forwarded to the Higher Education Coordinating Commission for approval.

“(3) A university with a governing board shall submit any significant change in the university’s academic programs to the Higher Education Coordinating Commission for approval. The commission shall establish, by rule, what constitutes a significant change to a university’s academic program. The commission shall further ensure that approved programs: “(a) Are consistent with the mission statement of the university;
“(b) Do not unnecessarily duplicate academic programs offered by Oregon’s other public universities;
“(c) Are not located in a geographic area that will cause undue hardship to Oregon’s other public universities; and “(d) Are allocated among Oregon’s public universities to maximize the achievement of statewide needs and requirements.
“(4)(a) On or before May 1 of each even-numbered year, a university with a governing board shall submit to the Higher Education Coordinating Commission a funding request applicable to the biennium beginning on July 1 of the following year.
“(b) Pursuant to ORS 351.052, the Higher Education Coordinating Commission shall submit a funding request to the Governor on behalf of all public universities listed in ORS 352.002, including universities with governing boards.
“(c) The Governor’s biennial budget submitted to the Legislative Assembly may include funding requests from public universities, including universities with governing boards. Funding approved by the Legislative Assembly must specify that the moneys be appropriated to the Higher Education Coordinating Commission for distribution to public universities listed in ORS 352.002.
“(5) As part of a funding request submitted under subsection (4) of this section, a university with a governing board may request, and appropriations may include, funding for education and general operations, statewide public services, state-funded debt service, capital improvements, deferred maintenance, special initiatives and investments.

Board hires and fires President:

“SECTION 9. (1)(a) In consultation with the Governor, or the Governor’s designee, the governing board shall appoint and employ a president of the university.
“(b) The governing board shall prescribe the president’s compensation and terms and conditions of employment.
“(2) The president of the university is the president of the faculty.
The president is also the executive and governing officer of the university, except as otherwise provided by statute or action of the governing board. Subject to the supervision of the governing board, the president of the university has authority to direct the affairs of the university.
“(3) Except in the case of an interim or acting president, the hiring committee for the president of a university with a governing board shall include representatives of the university community and at least one other president of a public university based in Oregon.
“(4) The governing board is responsible for the reappointment or removal of the president of the university.
“(5) A university with a governing board may appoint and employ any instructional, administrative, professional, trade, occupational and other personnel as are necessary or appropriate and establish their compensation and terms and conditions of employment, subject to the limitations set forth in section 14 (1) and (2) of this 2013 Act.

Board controls tuition: 

“SECTION 10. (1) Except as set forth in this section, the governing board may authorize, establish, eliminate, collect, manage, use in any manner and expend all revenue derived from tuition and mandatory enrollment fees.
“(2) The governing board shall establish a process for determining tuition and mandatory enrollment fees. The process must provide for participation of enrolled students and the recognized student government of the university.
“(3) Before a university with a governing board authorizes, establishes or eliminates any incidental fees, the governing board shall request that the president of the university and the recognized student government transmit a joint recommendation of the change in fees to the student body and faculty.
“(4) In determining tuition and mandatory enrollment fees for undergraduate students who are enrolled in a degree program and are qualified to pay resident tuition: “(a) The governing board may not increase the total of tuition and mandatory enrollment fees by more than five percent annually unless the board first receives approval from: “(A) The Higher Education Coordinating Commission; or “(B) The Legislative Assembly.
“(b) The governing board shall attempt to limit annual increases in tuition and mandatory enrollment fees for undergraduate students who are enrolled in a degree program and have established residency in Oregon to a percentage that is not greater than the percentage increase in the Higher Education Price Index, as compiled by the Commonfund Institute.
“(5) The governing board may not delegate authority to determine tuition and mandatory enrollment fees for undergraduate students who are enrolled in a degree program and are qualified to pay resident tuition.

Board can borrow money, sign contracts:

“SECTION 11. (1) Subject to the limitations set forth in sections 12, 15 and 19 to 23 of this 2013 Act, a university with a governing board may: “(a) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all funds, appropriations, gifts, bequests, stock and revenue from any source.
“(b) Subject to the limitations set forth in Article XI, section 7, of the Oregon Constitution, borrow money for the needs of the university in such amounts and for such time and upon such terms as may be determined by the university or the governing board.
“(c) Make any and all contracts and agreements, enter into any partnership, joint venture or other business arrangement and create and participate fully in the operation of any business structure, including but not limited to the development of business structures and networks with any public or private government, nonprofit or forprofit person or entity, that in the judgment of the university or the governing board is necessary or appropriate.
“(d) Establish, collect and use charges, fines and fees for services, facilities, operations and programs.
“(e) Purchase, receive, subscribe for or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, invest in or otherwise dispose of and deal in or with the shares, stock or other equity or interests in or obligations of any other entity. The State of Oregon may not have any proprietary or other interest in investments or funds referenced in this paragraph.
“(f) Acquire, purchase, purchase on a contractual basis, borrow, receive, own, hold, control, convey, sell, manage, operate, lease, lease-purchase, license, lend, invest in, issue, improve, develop, use, expend and dispose of personal property, including intellectual property, of any nature, tangible or intangible.
“(g) Establish employee benefit plans of any type, subject to the university’s continuing obligation to provide deferred compensation plans to the university’s employees under ORS 351.094.
“(h) Take, hold, grant and dispose of mortgages and other security interests on real and personal property.
“(i) Spend all available moneys without appropriation or expenditure limitation approval from the Legislative Assembly, except for moneys appropriated from the General Fund by the Legislative Assembly and the proceeds of general obligation bonds.
“(j) Acquire, purchase, purchase on a contractual basis, borrow, receive, own, hold, control, convey, sell, manage, operate, lease, lease-purchase, license, lend, invest in, improve, develop, use, expend and dispose of real property.
“(k) Erect, construct, improve, remodel, develop, repair, maintain, equip, furnish, lease, lend, convey, sell, manage, operate, use and dispose of any building, structure, land or project.
“(L) Acquire, by condemnation or otherwise, private property that is necessary or convenient. The right to acquire property by condemnation shall be exercised as provided by ORS chapter 35.
“(m) Establish policies for the organization, administration and development of the university which, to the extent set forth in those policies, shall have the force of law and may be enforced through university procedures and in any court of competent jurisdiction.
“(n) Sue in its own name, be sued in its own name and issue and enforce subpoenas in its own name.
“(o) Hire or retain attorneys for the provision of all legal services.
A university with a governing board shall reimburse the State Treasurer for legal fees incurred in connection with borrowings done at the request of the university.
“(p) Purchase any and all insurance, operate a self-insurance program or otherwise arrange for the equivalent of insurance coverage of any nature and the indemnity and defense of its officers, agents and employees or other persons designated by the university.
“(q) Subject to the procedures set forth in section 8 of this 2013 Act, establish, supervise and control academic and other programs, units of operation and standards, qualifications, policies and practices relating to university matters such as admissions, curriculum, grading, student conduct, credits, scholarships and the granting of academic degrees, certificates and other forms of recognition.
“(r) Enforce and recover any fees, charges and fines, including but not limited to mandatory enrollment fees.
“(s) Make available and perform any and all services on such terms as the governing board considers appropriate.
“(t) Delegate and provide for the further delegation of any and all powers and duties, subject to the limitations expressly set forth in law.
“(2) The budget for a university with a governing board shall be prepared in accordance with generally accepted accounting principles and adopted by the governing board in accordance with ORS 192.610 to 192.710.
“(3) A governing board or university with a governing board may perform any other acts that in the judgment of the board or university are required, necessary or appropriate to accomplish the rights and responsibilities granted to the board or university by law. 

UO property belongs to State, controlled by board:

“SECTION 12. (1) Legal title to all real property acquired by a university with a governing board shall be taken and held in the name of the State of Oregon acting by and through the governing board.
Legal title to all real property conveyed to a university with a governing board is considered to be conveyed to and vested in the State of Oregon, acting by and through the governing board. Authorized conveyances of all real property, other than university lands, acquired by or vested in the State of Oregon for the use or benefit of the university must be executed in the name of the State of Oregon, acting by and through the governing board, by the chairperson of the governing board.
“(2) The governing board has custody and control of and shall care for all real property used for university purposes. Management, maintenance and preservation of all real property used for university purposes is the responsibility of the university. Real property taken and held under this section may only be encumbered by the State of Oregon in accordance with state law and in a manner that would not impair the financial condition of the university or the rights of the holders of any obligations of the university issued or incurred under any master indenture or other financing agreement.

Parking, police, Board is a “criminal justice agency”:

“SECTION 13. (1) A governing board may, in its sole discretion, do all of the following: “(a) Police, control and regulate traffic and parking of vehicles on university property.
“(b) Establish a police department and commission one or more employees as police officers in the manner and with all of the privileges and immunities set forth in ORS 352.383. When a governing board establishes a police department and commissions one or more employees as police officers, the president of the university, in cooperation with the chief of the police department, shall establish a process by which the university will receive and respond to complaints involving the policies of the police department and the conduct of the police officers.
“(c) Commission special campus security officers who, when acting in the scope of their employment, shall have stop and frisk authority as set forth in ORS 131.605 to 131.625 and probable cause arrest authority and the accompanying immunities as set forth in ORS 133.310 and 133.315. Special campus security officers may not be authorized to carry firearms as police officers and, except as provided in subsection (2) of this section, may not be considered police officers for purposes of ORS 181.610, 238.005, 243.005 or 243.736.
“(2) A university with a governing board, acting by and through its special campus security officers, is a criminal justice agency for purposes of rules adopted pursuant to ORS 181.730 (3).

Board bargains with local unions:

“SECTION 14. (1) A university with a governing board shall engage in collective bargaining with local bargaining organizations of the employees of the university.
“(2) A university with a governing board shall participate in a collective bargaining partnership with other public universities in this state for the purpose of engaging in collective bargaining with existing statewide bargaining organizations of the employees of the public university. The collective bargaining partnership shall be established by written agreement.
“(3) Subject to the authority of the Secretary of State to audit public accounts, a university with a governing board may conduct an independent audit if the governing board considers the audit advisable.
Subject to ORS 297.250, the independent audit is subject to the exclusive discretion and control of the university. The independent audit is subject to disclosure pursuant to ORS 192.410 to 192.505.

State Treasurer can hold UO Funds. (UO Foundation too?)

“SECTION 15. (1) All moneys collected or received by a university with a governing board, placed to the credit of the governing board and remaining unexpended and unobligated on the date that the board is established, and all moneys collected or received by a university with a governing board after the date that the governing board is established, may be deposited into one or more accounts established by the board in depositories insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. The governing board shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the coverage of the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. All moneys in the account are continuously appropriated to the governing board making the deposit for the purpose of carrying out the functions of the board.
“(2) Upon request of the State Treasurer, a university with a governing board shall enter into a written agreement with the state that provides for the State Treasurer to receive, hold, keep, manage and invest any amounts under the control of the university that the State Treasurer determines should be held by the State Treasurer to provide for payment of state borrowings and other state obligations that are to be paid from moneys under the control of the university. The agreement may, at the request of the State Treasurer, require the university to pay the costs incurred by the State Treasurer in connection with entering into and carrying out the agreement.
“(3) Upon request of a university with a governing board, the State Treasurer shall enter into a written agreement with the university that provides for the State Treasurer to receive, hold, keep, manage, and invest any or all funds, appropriations, gifts, bequests, and revenue from any source in accordance with the policies and procedures established by the State Treasurer, including the recoupment of costs incurred by the State Treasurer in carrying out these tasks.
“(4) As used in this section, ‘depository’ has the meaning given that term in ORS 295.001.

Who knows? 

“SECTION 16. (1) The following entities are not subject to any provision of law enacted after January 1, 2013, that is unique to governmental entities unless the following entities are expressly named: “(a) A university with a governing board; and “(b) Any not-for-profit organization or other entity if the equity of the entity is owned or controlled exclusively by a university with a governing board and if the organization or entity is created by the university to advance any of the university’s statutory missions.
“(2) Notwithstanding subsection (1) of this section, the provisions of ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640, 279.835, 279.840, 279.850, 297.040, 307.090 and 307.112 and ORS chapters 35, 190, 192, 244 and 295 apply to a university with a governing board under the same terms as they apply to public bodies other than the state.
“(3) Except as otherwise provided by law, the provisions of ORS 35.550 to 35.575, 180.060, 180.210 to 180.235, 184.305 to 184.345, 190.480, 190.490, 200.035, 243.696, 357.805 to 357.895 and 656.017 (2) and ORS chapters 182, 183, 240, 270, 273, 276, 278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 294 and 297 do not apply to a university with a governing board.
“(4) Notwithstanding subsections (1) and (3) of this section, ORS 240.167, 279C.600 to 279C.625, 279C.800, 279C.810, 279C.825, 279C.830, 279C.835, 279C.840, 279C.845, 279C.850, 279C.855, 279C.860, 279C.865, 279C.870 and 292.043 apply to a university with a governing board under the same terms as they apply to public bodies other than the state.
“(5) Notwithstanding subsection (2) of this section, ORS 190.430 and 192.105 do not apply to a university with a governing board or any organization or other entity described in subsection (1) of this section.
“(6) Except as set forth in subsection (3) of this section, ORS 243.650 to 243.782 apply to a university with a governing board under the same terms as they apply to the state.
“(7) ORS 351.065, 351.067, 351.642, 351.643, 351.644, 351.646, 351.656, 351.658, 352.012 and 352.375 apply to a university with a governing board, except that the board or university shall exercise the responsibilities and authorities of the State Board of Higher Education or the Oregon University System.
“(8) A university with a governing board and its agents and employees remain subject to all statutes and administrative rules of this state that create rights, benefits or protections in favor of military veterans, service members and families of service members to the same extent as an agency of this state would be subject to such statutes and administrative rules.
“(9) ORS 351.692, 351.695 and 351.697 apply to a governing board, except that the board has the responsibilities and authorities with respect to the university it governs that the State Board of Higher Education and the Oregon University System have with respect to the public universities identified in ORS 351.011. A university with a governing board may not issue a tax credit certificate under ORS 351.692, 351.695 and 351.697 that will cause the university to owe the General Fund more than $2.4 million at any one time under ORS 351.692, 351.695 and 351.697.
“(10) Nothing in this section may be construed so that statutory provisions that are not set forth in this section apply to a university with a governing board.

“SECTION 17. A university with a governing board may open, establish, lay out and dedicate to the public use any streets through lands owned by or used for the university. When such streets are opened, established and laid out, they are declared to be dedicated to the public use. The university may declare that it is the road authority pursuant to ORS 810.010 (4) for any or all roads through lands owned by or used for the university.

Faculty Governance:

“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.

Bonds:

“BONDING AUTHORITY OF GOVERNING BOARDS “
SECTION 19. As used in sections 19 to 23 of this 2013 Act: “(1) ‘Bond-related costs’ means: “(a) The costs of paying the principal of, the interest on and the premium, if any, on revenue bonds.
“(b) The costs and expenses of issuing, administering and maintaining revenue bonds, including, but not limited to, the costs and expenses of: “(A) Redeeming revenue bonds.
“(B) Paying amounts due in connection with credit enhancement devices or agreements for exchange of interest rates.
“(C) Paying the fees, administrative costs and expenses of a university with a governing board related to revenue bonds, including the costs of consultants or advisers retained by the university.
“(c) The costs of funding reserves for the revenue bonds.
“(d) Capitalized interest for the revenue bonds.
“(e) Rebates or penalties due to the United States in connection with the revenue bonds.
“(f) Any other costs or expenses that a university with a governing board determines are necessary or desirable in connection with issuing and maintaining the revenue bonds.
“(2) ‘Credit enhancement device’ means an agreement or contractual relationship between a university with a governing board and a bank, trust company, insurance company, surety bonding company, pension fund or other financial institution or entity providing additional credit on or security for a revenue bond.
“(3) ‘For the benefit of a university with a governing board’ means, in relation to bonds, as defined in ORS 286A.001, of the State of Oregon issued by the State Treasurer: “(a) Before the effective date of this 2013 Act, the portion of the proceeds of the bonds that was used to finance property, projects or liabilities on behalf of the State Board of Higher Education and for the benefit of a university with a governing board in pursuing the purposes and missions of the university.
“(b) On or after the effective date of this 2013 Act, the portion of the proceeds of the bonds a university with a governing board is eligible to receive under section 20 of this 2013 Act to finance property, projects or liabilities on behalf of and for the benefit of a university with a governing board in pursuing the purposes and missions of the university.
“(4) ‘Obligation’ means: “(a) A revenue bond;
“(b) The commitment of a university with a governing board in connection with a credit enhancement device; or “(c) An agreement for exchange of interest rates.
“(5) ‘Operative document’ means a bond declaration, trust agreement, indenture, security agreement or other document in which a university with a governing board makes a pledge.
“(6) ‘Pledge’ means: “(a) To create a lien on revenue or property.
“(b) A lien created on revenue or property.
“(7) ‘Revenue’ means tuition, fees, charges, rents, revenues, receipts and other income of a university with a governing board, except moneys received by the university from taxes collected by the State of Oregon.
“(8) ‘Revenue bond’: “(a) Means a contractual undertaking or instrument of a university with a governing board to repay borrowed moneys, which undertaking or instrument is secured by a pledge of all or part of the revenue of the university.
“(b) Does not mean a credit enhancement device.

“SECTION 20. (1) A university with a governing board may elect to remain eligible to receive proceeds of bonds, as defined in ORS 286A.001, of the State of Oregon issued by the State Treasurer pursuant to Article XI-F(1) of the Oregon Constitution by seeking review by and obtaining approval of the State Treasurer for all plans to issue revenue bonds of the university and to execute other obligations related to the revenue bonds.
“(2) The State Treasurer shall limit the scope of review and approval under subsection (1) of this section to consideration of periodic cash flow projections and other information necessary to determine the sufficiency of the cash flow of the university with a governing board to pay bond-related costs for: “(a) Bonds, as defined in ORS 286A.001, issued for the benefit of the university with a governing board pursuant to Article XI-F(1) of the Oregon Constitution; and “(b) Revenue bonds issued pursuant to sections 19 to 23 of this 2013 Act.
“(3) A university with a governing board that issues revenue bonds of the university, or executes other obligations related to the revenue bonds, without the approval of the State Treasurer as provided in subsection (2) of this section is not eligible to receive proceeds of bonds, as defined in ORS 286A.001, issued by the State Treasurer pursuant to Article XI-F(1) of the Oregon Constitution on or after the effective date of this 2013 Act.
“(4) For the purposes of ORS chapter 286A, a university with a governing board is a related agency with respect to bonds, as defined in ORS 286A.001, of the State of Oregon that: “(a) Were issued before the effective date of this 2013 Act for the benefit of a university with a governing board and that have not been retired or defeased; and “(b) Are authorized under ORS 286A.035 and issued on or after the effective date of this 2013 Act for the benefit of a university with a governing board.

“SECTION 21. (1) A university with a governing board: “(a) May issue revenue bonds for any lawful purpose of the university in accordance with ORS chapter 287A.
“(b) May issue under ORS 287A.360 to 287A.380 refunding bonds of the same character and tenor as the revenue bonds replaced.
“(2) For the purposes of ORS chapter 287A, a university with a governing board is a public body.
“(3) ORS 287A.150 does not apply to revenue bonds issued by the university with a governing board.
“(4) A university with a governing board: “(a) May grant leases of real property held by a trustee or lender for a term that ends on the date on which all amounts due under the operative documents have been paid, or provision for payment has been made, or for a term of up to 20 years after the last scheduled payment under the operative documents, whichever is sooner. The leases may grant the trustee or lender the right to evict the university and exclude the university from possession of the real property for the term of the lease if the university fails to pay when due the amounts scheduled to be paid under the operative documents or otherwise defaults under the operative documents. Upon default, the trustee or lender may sublease the real property to third parties and apply any rents to payments scheduled to be made under the operative documents.
“(b) May not mortgage, pledge or grant a security interest in, or otherwise encumber, real or personal property that has been pledged or leased to provide security for bonds, as defined in ORS 286A.001, of the State of Oregon that remain outstanding.
“(5) Revenue bonds and other obligations authorized by this section: “(a) Are revenue bonds or obligations of a political subdivision of the State of Oregon.
“(b) Are not an indebtedness or obligation of the State of Oregon and are not a charge upon revenue or property of the State of Oregon, except as provided in subsection (4) of this section.
“(c) Are not a charge upon any revenue or property of a university with a governing board unless the revenue or property is pledged to secure the revenue bonds or other obligations.
“(d) Are not payable from, and may not be secured by a pledge of or lien on, any amounts a university with a governing board is required to: “(A) Deposit with the State Treasurer pursuant to section 15 (2) of this 2013 Act; or “(B) Pay to the State Treasurer pursuant to a schedule described in section 23 of this 2013 Act. 

“NOTE: Section 22 was deleted by amendment. Subsequent sections were not renumbered. 

“SECTION 23. (1) Sections 19 to 23 of this 2013 Act do not impair the obligations or agreements of the State of Oregon or the State Board of Higher Education with respect to bonds, as defined in ORS 286A.001, issued before the effective date of this 2013 Act for the benefit of a university with a governing board.
“(2) A university with a governing board and the Oregon University System shall take all actions necessary to ensure full compliance with the operative documents executed with respect to bonds, as defined in ORS 286A.001, issued before the effective date of this 2013 Act by the State Treasurer for the benefit of the university with a governing board.
“(3) The State Treasurer and the Oregon University System shall promptly provide a university that acquires a governing board with a schedule of outstanding bonds, as defined in ORS 286A.001, of the State of Oregon and other obligations for which the university must pay, including the payment dates and amounts, or methods for determining the amounts. The schedule must include amounts sufficient to pay principal, interest and premium, if any, on the bonds, and to pay administrative and other costs of the State of Oregon that are related to the bonds or other obligations. In the absence of manifest error, the schedule provided by the State Treasurer and the Oregon University System to a university with a governing board is binding on the university. The university with a governing board shall pay the amounts specified in the schedule provided by the State Treasurer and the Oregon University System on or before the dates specified in the schedule from the first legally available revenue of the university.
“(4) At the request of the State Treasurer, a university with a governing board shall provide the State Treasurer with periodic cash flow projections and other information that allow the State Treasurer to review and approve the sufficiency of the university’s cash flow to pay amounts specified in the schedule described in subsection (3) of this section.
“(5) Moneys deposited with the State Treasurer, the Controller of the Oregon University System or the Oregon Department of Administrative Services in a debt service reserve account or otherwise for the portion of the debt service associated with obligations entered into before the effective date of this 2013 Act for the benefit of a university with a governing board must remain with the State Treasurer, the Controller of the Oregon University System or the Oregon Department of Administrative Services until the obligations have been retired or defeased. Earnings on moneys described in this subsection must be credited to the university with a governing board.