CHAPEL HILL (Oct. 22, 2020) – After multiple episodes of micromanagement and rogue investigations by members of the UNC Board of Governors and campus trustees, the Board of Governors adopted revised rules last week for what’s expected of board members and how they can be disciplined.
“I think this is very important,” Board Chair Randy Ramsey declared.
In at least two instances, former BOG member Tom Fetzer conducted his own investigations: First of a recommended candidate for chancellor at Western Carolina University, then of Interim Chancellor Dan Gerlach at East Carolina University.1
In another well-publicized incident, two trustees at East Carolina University tried to influence and even make contributions in a campaign for student body president.2
The revised policy makes it clear that campus trustees and BOG members can act only as a body, not as individual members. Individual members cannot act on behalf of the board or university unless explicitly authorized to do so by the BOG, System President or chancellor.
“Board members’ authority is collective, not individual, and only arises from their participation with other members of the board when officially convened,” the policy says.
When trustees or BOG members hear complaints, they are to pass them along or request information through proper administrative channels – the UNC System president or the institution’s chancellor.
“Members shall refer matters of administration and management to the chief executive officer of the institution or University-affiliated organization for handling,” the policy says.
“Members shall respect and follow executive leadership, management and reporting lines when communicating and seeking information from the University and the constituent institutions.”
In the aftermath of Fetzer’s investigations, the amended policy says a member cannot conduct reviews or background checks of employees or job candidates unless the Board of Governors, president or chancellor asks the member to do so.3
In September, some BOG members questioned whether the policy would let them conduct a Google search of a job candidate. “This is not at all intended to prevent members from preparing (for meetings) and doing their business,” said UNC System General Counsel Tom Shanahan.
Board of Governors members are appointed by either the House or the Senate in the NC General Assembly. Some observers have questioned the appointments of several lobbyists to the board, since their livelihoods are tied to their relationships with state legislators.4
The Board of Governors can’t dictate qualifications for board members to legislators. But the revised policy says BOG members cannot act as a registered lobbyist or attorney on behalf of a client on any issue that is adverse to the interests of the UNC System or its institutions. It does allow members who are lawyers to represent university students or employees who are accused of crimes, however.
The Board of Governors can only remove members of campus boards whom the Board itself appoints. It can only recommend removal of a Board of Governors member – all of whom are appointed by the General Assembly – or a campus trustee who was appointed by the legislature.
The revised policy says the Board can recommend interim sanctions such as public censure, suspension of a member’s voting rights or removal from committee assignments.
As before, complaints would be heard by the Board of Governors’ Governance Committee, which would make recommendations about sanctions to the full Board, the State Ethics Commission or a board of trustees. Any sanctions imposed would require a two-thirds vote by the Board of Governors or the board of trustees.
In summary, the revised policy:
- Clarifies that board members have no authority as an individual;
- Forbids members to conduct their own background checks on employees and job candidates;
- Doesn’t exclude lobbyists from the board, but forbids lobbyists and attorneys to represent clients on issues that are adverse to the University; and
- Provides sanctions other than removal for ethics violations.5
1 https://hew.aveltsagency.com/2020/05/bog-police-wayward-members/; http://pulse.ncpolicywatch.org/2019/10/29/two-chancellor-searches-two-controversies-one-interesting-concidence/.
2 https://www.wral.com/one-ecu-trustee-resigns-another-censured-for-meddling-in-student-election/18938046/; https://www.newsobserver.com/news/local/education/article239920558.html.
3 https://www.northcarolina.edu/apps/bog/doc.php?id=64864&code=bog, p. 19.
4 https://hew.aveltsagency.com/2020/02/bissette-perfect-board-of-governors/.
5 https://www.northcarolina.edu/apps/bog/doc.php?id=64864&code=bog, pp. 18-23.
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