A question out of ingnorance-----Was reading on Judge Helfrich's ruling on the Mayor/Council appointment suit----It made me wonder about appointments by a university president in Misissippi----Are cabinet/VP appointments made by a president approved/disapproved by the IHL board?----Is there any sort of system of checks and balances in play there?---Not sure how the process works---
As far as I have ever heard, the IHL board has final approval over ANY hire by state universities. Much of that is "rubber stamped" it seems, but they do seem to have that power.
Board of Trustees Institutions of Higher Learning State of Mississippi POLICIES AND BYLAWS
SECTION 400 - FACULTY AND STAFF
401 TENURED AND NON-TENURED EMPLOYEES OF INSTITUTIONS OF HIGHER LEARNING IN MISSISSIPPI
401.01 AUTHORIZATION FOR EMPLOYMENT By statute, the Board has the power and authority to contract with all deans, professors, and other members of the teaching staff and all administrative employees of said institutions for a term not exceeding four years. Although the law does not empower the Board to contract for indefinite periods, its bylaws provide that "It shall be the policy of the Board to elect all officials for a definite tenure of service and to re-elect during the period of satisfactory service." The Board also empowers the executive heads of the institutions to "adopt policies of continuing employment for the purpose of making nominations for the teaching positions." All amendments, revisions, additions and reductions to employee contracts are subject to approval by the Board.
(BT Minutes, 3/91; 2/98)
401.0101 STATUTE APPLICABLE The Board shall have the power and authority to elect heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff and all administrative employees of said institutions for a term of not exceeding four years. The Board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the Board to permit the executive head of each institution to nominate for election by the Board all subordinate employees of the institution over which he presides. It shall be the policy of the Board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The Board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
Miss. Code Ann., Section 37-101-15(F), as amended. (See Section 201.0605 and Section 301.04, D.) (BT Minutes, 3/91; 2/98)
401.0102 DELEGATION OF AUTHORITY Acting under appropriate statutory authority, the Board of Trustees hereby empowers the Commissioner and the Institutional Executive Officers of the several institutions to make all appointments and promotions of faculty and staff except as otherwise noted below:
a. Board approval shall be required for creation, appointment, elimination, or significant modification of the position of Vice Chancellor, Provost, Vice President, Dean, or Associate/Assistant Provost, Vice President or Vice Chancellor who supervises Deans. Board approval shall also be required for the appointment of any employee making a salary of $75,000 or more.
b. Board approval shall be required for the award of tenure, the final, involuntary separation of an employee to be effective during the term of an employment contract, and where applicable creation, elimination, or modification of categories of appointments as approved by the Board.
c. Acceptance of the resignation of an employee with a written contract on behalf of the Board may be made by the Commissioner for the System Office and the Institutional Executive Officers of the several institutions.
d. In accordance with Miss. Code. Ann., § 37-101-7, as amended, the Board delegates to the Commissioner the authority to approve the quarterly reports of employment from the several institutions.
So, did the Board know in advance that the nine deans were being fired? And did they know in advance of the attempt to fire G & S? Perhaps I'm reading this incorrectly or not remembering something we've discussed before, but I don't see how these sections give Dr. Thames the authority to do what he did, at least not without Board approval.
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Love your enemies. It makes them so damned mad. ~P.D. East
LVN wrote: And did they know in advance of the attempt to fire G & S?
HA, 3/11/04
Shelby Thames' Hattiesburg American interview
...Q: Was the College Board fully briefed on this? A: I had a discussion with each member of the College Board and with Dr. David Potter (Institutes of Higher Learning commissioner) before taking this action, simply to say this is what will be done and so forth, we have evidence and didn’t go into any detail, just as I can’t go into any detail about it now....
LVN wrote: So, did the Board know in advance that the nine deans were being fired?
MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 16, 2003
EXECUTIVE SESSION
On motion by Ms. Newton, seconded by Mr. Crawford, and unanimously passed by those present, the Board voted to close the meeting to determine whether or not it should declare an Executive Session. On motion by Mr. Nicholson, seconded by Mr. Colbert, and unanimously passed by those present, the Board voted to go into Executive Session for the reason later reported by the President in Open Session and stated in these minutes, as follows:
Discussion of system personnel matters. Discussion of personnel matters at The University of Southern Mississippi.
On motion by Mr. Crawford, seconded by Ms. Whitten, and unanimously passed by those present, the Board voted to return to Open Session.
The Board discussed the presidential evaluations that were held in December 2002. On motion by Mr. Crawford, seconded by Ms. Whitten, and unanimously passed by those present, the Board approved the Institutional Executive Officer four-year contracts for the period July 1, 2003 through June 30, 2007 for Dr. Clinton Bristow, President of Alcorn State University; Dr. Ronald Mason, President of Jackson State University; and Dr. Robert Khayat, Chancellor of The University of Mississippi.
On motion by Mr. Nicholson, seconded by Mr. Griffis, and unanimously passed by those present, the Board authorized The University of Southern Mississippi to take the actions necessary to achieve a reorganization and reallocation of funds.
Thanks, info. I'd never seen this before. Do you think the board knew the "how" of this in advance? Must have, because Nicholson was present at the firing and Garrett was there later in the day. It's a reminder of how little that particular board (Potter included) really understood about higher education.
MINUTES OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING January 16, 2003
EXECUTIVE SESSION
On motion by Ms. Newton, seconded by Mr. Crawford, and unanimously passed by those present, the Board voted to close the meeting to determine whether or not it should declare an Executive Session. On motion by Mr. Nicholson, seconded by Mr. Colbert, and unanimously passed by those present, the Board voted to go into Executive Session for the reason later reported by the President in Open Session and stated in these minutes, as follows:
Discussion of system personnel matters. Discussion of personnel matters at The University of Southern Mississippi.
On motion by Mr. Crawford, seconded by Ms. Whitten, and unanimously passed by those present, the Board voted to return to Open Session.
The Board discussed the presidential evaluations that were held in December 2002. On motion by Mr. Crawford, seconded by Ms. Whitten, and unanimously passed by those present, the Board approved the Institutional Executive Officer four-year contracts for the period July 1, 2003 through June 30, 2007 for Dr. Clinton Bristow, President of Alcorn State University; Dr. Ronald Mason, President of Jackson State University; and Dr. Robert Khayat, Chancellor of The University of Mississippi.
On motion by Mr. Nicholson, seconded by Mr. Griffis, and unanimously passed by those present, the Board authorized The University of Southern Mississippi to take the actions necessary to achieve a reorganization and reallocation of funds.