Date: 01/15/2009

Final
BILL SUMMARY for HB09-1074

HOUSE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Moved to postpone House Bill 09-1074 indefinitely.
Moved to refer House Bill 09-1074 to the Committee		PASS
FAIL



03:33 PM -- House Bill 09-1074

Representative Middleton, the sponsor of House Bill 09-1074, concerning the voting rights of faculty members on higher education institution governing boards, presented the bill to the committee. Representative Middleton stressed the importance of having a faculty voice on higher education governing boards.


03:39 PM

Representative Benefield stated that school boards do not have paid employees, such as teachers, on their boards, and she said that a governance board may not be the place to give faculty a voice. She further stated that this could be a conflict of interest to have a voting faculty member on a governing board. Representative Middleton responded that the governing boards are different from school boards in that they are appointed, not elected. Representative Middleton noted that the bill addresses conflict of interest with voting faculty members.


03:45 PM

Representative Middleton explained that prior to the reorganization of the governing boards in Colorado, faculty members did have a vote. Representative Summers asked if the higher education institution can modify the board. Representative Middleton explained the composition of governing boards is prescribed in state law, and therefore the institutions do not have the authority to change the composition of the board.


03:46 PM

The following people testified on the bill:


03:46 PM -- David Skaggs, executive director of the Department of Higher Education, testified on behalf of the state's higher education institutions' presidents. Mr. Skaggs stated that he surveyed the presidents on their position on the bill, and he reported that they are in opposition to the bill.


03:49 PM -- David Sanger, representing the American Federation of Teachers (AFT) Colorado, testified in support of the bill because he believes in the need of collaborative structures throughout the P-20 spectrum.


03:50 PM -- John Dorgan, a Colorado School of Mines (CSM) faculty member representing himself, testified in support of the bill. He shared a written statement with committee members (Attachment A). He expressed the importance of having a faculty voice in the governing board, and that it is common to have faculty on governing boards in other states. Dr. Dorgan talked about the impact a faculty member could have on budget discussions.

090115AttachA.pdf

03:58 PM

Representative Benefield stated that she believes a faculty member would have to recuse himself from the budget vote. Dr. Dorgan explained that it is still important to have a faculty voice in governing board proceedings, and that it is common to have practicing faculty on governing boards. Representative Benefield asked what kinds of agenda items are considered in executive session. Dr. Dorgan explained that agenda items considered in executive session usually pertain to personnel issues and legal issues.


04:06 PM

Representative Peniston asked if Dr. Dorgan feels that he can adequately represent all faculty. He noted that he was elected with 62 percent of the vote of faculty. Representative Summers stated that even with an addition of a voting faculty member, it would not necessarily affect the outcome of a vote. Dr. Dorgan responded that if it does not matter how he votes, it should not be a problem to give faculty a voting right. Representative Todd asked how the changes would affect the political make-up requirement for governing boards, specifically that no more than half the members can come from one political party.


04:09 PM -- Gene Saxe, representing the Metropolitan State College of Denver (MSCD) faculty, testified in support of the bill. He stated the importance of having a faculty voice on the governing board. He shared his experience as a nonvoting member of the MSCD governing board. He explained that he believes having a faculty with the power to vote provides a venue to dissipate the tension between faculty and the administration.


04:16 PM

Representative Summers asked Dr. Saxe when trustee meetings take place. Dr. Saxe explained that the board meets from 8 a.m. to 12 p.m. every other month, and that he also sits on a subcommittee that meets once a month. Representative Scanlan asked if the make up of the boards includes the president of the university, and if that person is a voting member. Dr. Saxe stated that at MSCD the president is.


04:18 PM -- Ellen Slatkin, representing Metropolitan State College of Denver Faculty Federation, testified in support of the bill because of her belief in the importance of shared governance. Dr. Slatkin noted that she believes the lack of the voting faculty member on the board creates a climate of mistrust, and that having a vote legitimizes the relationship between the faculty and the trustees.


04:23 PM -- Roger Hutson and Jim Spanstra, members of the Colorado School of Mines governing board, but testifying on behalf of themselves, not the board, testified against the bill. Mr. Hutson explained that the board sought adding an advisory faculty member at CSM, and that executive sessions are held primarily for personnel and legal issues. Mr. Hutson noted that the budget is debated and talked about in open session.


04:29 PM

Mr. Spanstra stated that he believes the governing board recognizes the importance of the faculty voice in an advisory role to the board. Mr. Spanstra expressed concern about elevating one staff member to the board when the board is tasked with tempering and managing all interests. He also discussed that stopping throughout the board meetings in order to determine recusal could be problematic for the proceedings of the board.


04:32 PM

Representative Benefield asked if the president does or not sit on the board. Representative Scanlan stated that in the nonprofit world, CEOs do not sit on boards. After consulting with the Department of Higher Education, Representative Merrifield explained that there are no presidents of the state's higher education institutions that are eligibile under state law to vote on governing boards.


04:36 PM

Representative Schafer asked how boards interact with schools boards. Representative Middleton explained that interaction has not occurred yet.


04:38 PM -- Dan Daly, representing the Colorado Education Association (CEA), testified in support of the bill because it is important for employees to have a voice, and that this bill would provide a voice at the institutions, while addressing the matter of conflict of interest.


04:41 PM

Representative Middleton concluded her remarks on the bill, and asked for the committee's support of the bill.




BILL:HB09-1074
TIME: 04:43:13 PM
MOVED:Middleton
MOTION:Moved to refer House Bill 09-1074 to the Committee of the Whole, with a favorable recommendation. The motion failed on a vote of 5-8.
SECONDED:Todd
VOTE
Baumgardner
No
Benefield
No
Massey
No
Middleton
Yes
Murray
No
Peniston
Yes
Priola
No
Scanlan
No
Schafer S.
No
Summers
No
Todd
Yes
Solano
Yes
Merrifield
Yes
Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1074
TIME: 04:44:32 PM
MOVED:Benefield
MOTION:Moved to postpone House Bill 09-1074 indefinitely. The motion passed on a vote of 8-5.
SECONDED:Massey
VOTE
Baumgardner
Yes
Benefield
Yes
Massey
Yes
Middleton
No
Murray
Yes
Peniston
No
Priola
Yes
Scanlan
Yes
Schafer S.
Yes
Summers
Yes
Todd
No
Solano
No
Merrifield
No
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




04:45 PM

The committee recessed briefly before hearing the remaining calendar of bills.