The Yard
Questions with the Council on Postsecondary Education @CPENews
President Aaron Thompson and Travis Powell, VP and General Counsel
@CPENews
Dr. Mike Robinson: During the 2022 Legislative session, can you share how the following bills impacted the stability of Kentucky State University?
CPE: (1) HB250 – provided stability funding ($23 million), incentive funding ($15 million), and CPE oversight to help ensure stability.
(2) SB 265 – new board members were appointed and confirmed. New board members had their first meeting last week.
(3) SB 200 – never received a hearing, so SB 200 had no impact.
Dr. Mike Robinson: How soon will the new Board of Regent members be in place? Can they approve a comprehensive new financial policy by May 15th, 2022?
CPE: As stated above, the new board members met last week. The policy that must be approved by May 15th, 2022, is the financial exigency policy, and yes, they can approve it before May 15th.
Dr. Mike Robinson: What do you say to those who believe the cost of $38 million has been the loss of autonomy and places the University’s existence in question?
CPE: I would totally disagree. I believe that HB 250 created a framework for partnership between CPE and KSU to help move the institution forward in a way that meets the needs of higher education in Kentucky and, most importantly, the needs of its students.
Dr. Mike Robinson: What will be the role of CPE moving forward?
CPE: CPE’s responsibilities are outlined in HB 250.
Dr. Mike Robinson: Does CPE have the manpower to be involved in the day-to-day operations of KSU? For example, the bill states the CPE must approve any KSU expenditure over $5,000, and the school will provide monthly reports of finances to the Council. How is that feasible when an order from Staples can be $5000?
CPE: The legislation requires it, and we are making it work. We received some funds available next fiscal year that is partially dedicated to meeting the needs of CPE and its responsibilities in HB 250.
Dr. Mike Robinson: How much money was spent on a Presidential Search Firm that now has to stop?
CPE: Not sure, but the search firm is committed to working with KSU to find a new permanent president once the search resumes. So the funds were not wasted.
Host Comments: HB250 called for a new president’s halt and began a search for a new Acting President with turnaround experiences. Many alumni believe that given the decision to halt the search, there should be a new committee to find the new acting President.
Dr. Mike Robinson: Do you see a new search committee, or will the current committee be re-purposed?
CPE: That decision is up to the KSU Board of Regents.
Dr. Mike Robinson: How is it justified to only have one woman of the eight potential BOR members selected? Do you think that is sending the wrong message?
CPE: CPE is not involved in the Regent selection process at KSU or any other public higher education institution in the state. We are committed to working with the board members that are appointed and helping them to be as effective and impactful as possible for their respective institutions.
Dr. Mike Robinson: –Can you further explain this language in the HB250?
CPE: “Within three months of the enactment of the legislation, KSU Regents, in consultation with CPE, shall develop a process to review all faculty and staff performance, including a post-tenure review. That performance review must be completed within one year.” I don’t have much to add other than the language provided. A new employee evaluation process must be put into place in 3 months, and then a review of each employee must occur within the year.
Dr. Mike Robinson: Is it typical governance practice at the BOR level to have the authority to fire staff and faculty, including tenured faculty? How can a university remain the bastion of freedom of speech with such power?
CPE: The board of an institution always has that ultimate authority, although it must use it under the constraints of the law.
The Council on Postsecondary Education is Kentucky's adult and higher education coordinating agency committed to strengthening our workforce, economy and quality of life. We do this by guiding the continuous improvement and efficient operation of a high-quality, diverse, innovative, accessible and affordable system of postsecondary education.
CPE: (1) HB250 – provided stability funding ($23 million), incentive funding ($15 million), and CPE oversight to help ensure stability.
(2) SB 265 – new board members were appointed and confirmed. New board members had their first meeting last week.
(3) SB 200 – never received a hearing, so SB 200 had no impact.
Dr. Mike Robinson: How soon will the new Board of Regent members be in place? Can they approve a comprehensive new financial policy by May 15th, 2022?
CPE: As stated above, the new board members met last week. The policy that must be approved by May 15th, 2022, is the financial exigency policy, and yes, they can approve it before May 15th.
Dr. Mike Robinson: What do you say to those who believe the cost of $38 million has been the loss of autonomy and places the University’s existence in question?
CPE: I would totally disagree. I believe that HB 250 created a framework for partnership between CPE and KSU to help move the institution forward in a way that meets the needs of higher education in Kentucky and, most importantly, the needs of its students.
Dr. Mike Robinson: What will be the role of CPE moving forward?
CPE: CPE’s responsibilities are outlined in HB 250.
Dr. Mike Robinson: Does CPE have the manpower to be involved in the day-to-day operations of KSU? For example, the bill states the CPE must approve any KSU expenditure over $5,000, and the school will provide monthly reports of finances to the Council. How is that feasible when an order from Staples can be $5000?
CPE: The legislation requires it, and we are making it work. We received some funds available next fiscal year that is partially dedicated to meeting the needs of CPE and its responsibilities in HB 250.
Dr. Mike Robinson: How much money was spent on a Presidential Search Firm that now has to stop?
CPE: Not sure, but the search firm is committed to working with KSU to find a new permanent president once the search resumes. So the funds were not wasted.
Host Comments: HB250 called for a new president’s halt and began a search for a new Acting President with turnaround experiences. Many alumni believe that given the decision to halt the search, there should be a new committee to find the new acting President.
Dr. Mike Robinson: Do you see a new search committee, or will the current committee be re-purposed?
CPE: That decision is up to the KSU Board of Regents.
Dr. Mike Robinson: How is it justified to only have one woman of the eight potential BOR members selected? Do you think that is sending the wrong message?
CPE: CPE is not involved in the Regent selection process at KSU or any other public higher education institution in the state. We are committed to working with the board members that are appointed and helping them to be as effective and impactful as possible for their respective institutions.
Dr. Mike Robinson: –Can you further explain this language in the HB250?
CPE: “Within three months of the enactment of the legislation, KSU Regents, in consultation with CPE, shall develop a process to review all faculty and staff performance, including a post-tenure review. That performance review must be completed within one year.” I don’t have much to add other than the language provided. A new employee evaluation process must be put into place in 3 months, and then a review of each employee must occur within the year.
Dr. Mike Robinson: Is it typical governance practice at the BOR level to have the authority to fire staff and faculty, including tenured faculty? How can a university remain the bastion of freedom of speech with such power?
CPE: The board of an institution always has that ultimate authority, although it must use it under the constraints of the law.
The Council on Postsecondary Education is Kentucky's adult and higher education coordinating agency committed to strengthening our workforce, economy and quality of life. We do this by guiding the continuous improvement and efficient operation of a high-quality, diverse, innovative, accessible and affordable system of postsecondary education.