TEXT OF PRESIDENT
McCORMICK'S APRIL 27, 2009
FOLLOW-UP RESPONSE TO THE REPORT AND RECOMMENDATIONS ON CHARGE S-0708, STUDENT CHARTER
TRUSTEE NOMINATIONS AND ELECTIONS:
Dear Mr. Swalagin:
Last September I wrote to the
University Senate in response to the Report and Recommendations on Charge
S-0708 on Student Charter Trustee Nominations and Elections, as adopted by the
University Senate on May 2, 2008. At that
time, I indicated that my administration would take these recommendations under
advisement, pending an examination by the Office of the Secretary of the
University and Rutgers Office of General Counsel. These offices have also
reviewed the recommendations under Senate Charge S-0401 as adopted in October
2005. Both offices have now advised me that changing the number of student
members on the Boards of Governors and Trustees, as well as changing the terms or
voting rights associated with those appointments, would require legislative
amendment of Rutgers, The State University
Law enacted in 1956 (N.J.S.A. 18A:65-1 et seq.), which is also known as
the “Rutgers Act of 1956,” as well as consent of the Board of Trustees.
In addition, significant
issues relating to the public nature of the University and its ability to
receive state funds and to issue tax-exempt bonds are put at risk by the
proposal to add three voting student members to the Board of Governors. The
Rutgers Act of 1956 provides for six public members of the Board of Governors
to be appointed by the Governor and five “private” members to be appointed by
the Board of Trustees, thereby assuring the public nature of the University and
its eligibility to receive state funds and issue tax-exempt bonds. If any
additional “private” members are added to the Board of Governors, as would be
the case if one, two, or three student representatives are added via selection
by the Faculty Senate, the nonpublic membership of the Board would be in the
majority, endangering the public status of the University and its consequent
benefits.
It is
important to note that the composition of the Board of Governors is one of the
key components of the Rutgers Act of
1956, in that it represents the continued input of the Board of Trustees in the
University’s governance structure. This
input, and other powers of the Board of Trustees, were agreed to by the State
in exchange for the Board of Trustees’ agreement to change the fundamental
nature of Rutgers from a private to a public institution of higher education
and to dedicate the Board of Trustees’ resources (e.g., real estate holdings,
endowment funds, personnel, etc.) to enable the establishment of Rutgers as a
state university. In fact, the Rutgers Act of 1956 is a legislative contract,
which cannot be modified by the State in its essential provisions without the
consent of the Board of Trustees.
Changing the terms of student
members of the Board of Trustees would also require a statutory change and
consent of the Board of Trustees. Given
the possible seriously detrimental ramifications that could be associated with
reopening the Act of 1956 for public debate at this time, the potential harm
that could come to the university’s governance structure by such a
reexamination outweighs the benefits of changing the Rutgers Act of 1956. Therefore,
I do not believe it is currently feasible to propose changes to the number of
student members or the length of their terms.
It is my
understanding that Vice President Blimling and his staff have been working with
students and the Secretary’s Office to improve the processes for nominating and
selecting student representatives to our governing boards and for encouraging
their continued participation throughout their terms. I believe that we can strengthen the influence and
effectiveness of students at Rutgers within
the bounds of the existing legislation and governance structure.
Sincerely yours,
Richard
L. McCormick
copy: Philip Furmanski, Executive Vice President
for Academic Affairs
Jonathan
Alger, Senior Vice President and General Counsel
Gregory
Blimling, Vice President for Student Affairs
Leslie
Fehrenbach, Secretary of the University