AFT FACE - Kentucky Attorney General Says KCTCS Board Overstepped Authority

Kentucky Attorney General Says KCTCS Board Overstepped Authority

Wednesday, 23 September 2009

FACE Talk readers will remember that earlier this year we were monitoring the actions of the Kentucky Community and Technical College System (KCTCS) Board of Regents as they abolished the tenure system for all new faculty in the system. Not so fast, says Kentucky's General Attorney, Jack Conway.

As reported in the Courier-Journal, Conway has issued an advisory opinion that states the Board overstepped its authority when it abolished tenure.

The opinion, which is in response to a request by state Rep. Rick Nelson, D-Middlesboro, states that while the board "has been given ‘exclusive authority' to govern KCTCS, such authority cannot be over and against that of the General Assembly."

"New faculty at KCTCS must be able in some way to earn permanent security in their academic positions," the opinion states. "While the KCTCS Board of Regents has the authority to enact procedures and standards for how faculty can earn tenure in the future, it is not free to eliminate tenure entirely."

The KCTCS Board meets tomorrow and Friday and will now have to decide how to respond to the opinion. Leaders of the Faculty /Staff Alliance (FSA), AFT local 6010, is hopeful, but not assuming anything given the Board's past actions.

"We couldn't be more pleased that the Attorney General agreed with our legal arguments that the Board of Regents exceeded its legal authority when it voted to eliminate tenure this March," stated Barbara Ashley, FSA Director. "We hope that the Board will act in good faith to fully reinstate tenure. But we are keeping all legal and legislative options open should they fail to do so."

Speaking to the Courier-Journal, Allison Gardner Martin, a spokeswoman for the Attorney General, said: "it is now up to the board and its attorneys to remedy the situation, based on the opinion's findings. If the board does not act, it could be open to legal action in civil court."

Anyone want to bet on whether or not the Board will do the right thing?

Posted by: Joe Anthony on 24/09/09 02:43:07
The board will do what McCall tells it to. It has demonstrated no independence and a great deal of contempt towards faculty.
What will McCall do? I think he is amenable to political presure; e.g., he will respond if enough of the legislature indicates he should. The governor seems to be waffling. Perhaps this decision will nudge him in the right direction.

McCall is so wed to the corporate model with him as overpaid corporate head that it will take a great deal of pressure from all sorts of people to make him move. He never even publically acknowledged the no confidence vote of 13 out of 14 community and technical colleges. (Actually, the 14th isn't even a community college.)
Anyway, I'm happy with the A.G.'s ruling, but it won't be enough.