Senate: Wed May 22, 3 to 5:30.

Room 101 Knight Library.

Live blog disclaimer: My interpretation of what people said, meant to say, or what I wished they'd said. Nothing is a quote unless in quotes.

Agenda: Not posted yet. Legal services, new course approvals, perhaps a motion calling for amendments to SB270 to incorporate the constitution. 

Bargaining XXII: Admin counter on raises?

Tuesday, 5/21/2013, 8-12 AM, Room 122 Knight Library, open to the public and reporters, free coffee and maybe donuts.

Your Guarantee of Truthiness: All UO Matters bargaining posts fact-checked by Randy Geller, HLGR and their lobbyist and public relations consultant, (and former Frohnmayer aide) Marla Rae.

Latest Fact Check: HLGR's fact checkers agree with UO Matters that their colleague Dave Frohnmayer was negotiating his fat golden parachute retirement deal with Pernsteiner, at the same time he was trying to convince the faculty to take 5% furlough pay cuts. My post here, Frohnmayer's pissy email here, their fact check here - they misinterpret my statement about his pay and ignore the screen shot of his pay records, don't explain how it is that he's listed on the HLGR bargaining invoice but is supposedly not advising the admin bargaining team, and then let the furlough/parachute statement pass their fact-checking without comment.

Synopsis:
  • Still no admin counter on raises. After bringing in another $29M in tuition revenue this year, Jamie Moffitt is still piling on reserves to prepare for tornadoes. Top priorities such as the new cop car fleet are fully budgeted for, and there's no money left for professors, unless OUS agrees to another round of tuition hikes. 
  • UO's reserves are about twice OSU's. We are sitting on ~$63M more cash than they are, but somehow can't afford the ~$12M difference between the admin and union raise proposals.
  • Faculty will be required to tug the forelock and address administrators as "The University", because the administrators in Johnson Hall are just that petty and insecure. President Gottfredson does not care what Frank Stahl and the Senate say about what the university is. It's him. 
  • Faculty support for boycott of Mike "The University" Gottfredson's Matt Court investiture ceremony grows. 
  • After calling for proposals to find money for raises, The University is now going to ignore the Senate resolution calling for a cut in athletic subsidies.

Kitzhaber plan to throw ORP faculty under the bus?

5/20/2013: Panic update: Hannah Hoffman reports that negotiations are on again. One mathy prof reports that this would cut his retirement income by 40%.

5/16/2013: Hannah Hoffman has the news that Kitz has bailed on this plan. The Republicans aren't willing to raise taxes on the richest 2% in exchange. And state tax revenues are up. And the stock market is up so much that PERS is back to looking fairly robust. So PERS looks safe for this session at least.

Gottfredson's fire sale on UO Board emails

5/20/2013: I'm guessing these emails about legislation for a UO Board of trustees - a matter of legitimate public interest to many in the state - are now well past their sell-by date, hence the discount. The Register-Guard originally requested them 10 weeks ago:

From: Bill Harbaugh
Subject: Re: PR request for Boyd documents
Date: May 20, 2013 8:49:26 PM PDT
To: Dave Hubin , Gregory Rikhoff , President Gottfredson

Hi Dave:

I don't understand the email below from your Public Records Officer, regarding emails about the drafting of legislation for an independent UO board.

She says her original estimate was unclear. No, it was perfectly clear, to the penny: $1065.29 to see a few emails.

What is unclear is why the sudden 40% discount she's now offering. I've asked before for an explanation of the PR Office's policies on fees. You wouldn't give me anything substantive. Why not?

Please forward an explanation for this unexpected 40% sale price. If I don't buy at $639.18, is there a chance you'll come down more? Does the answer depend on how much I can embarrass you, Randy Geller, and President Gottfredson over using these charges to delay or prevent the release of public records to the public?

Can I also expect a discount on the $285 you are trying to charge me for a single email showing the names of the members of the administrative union bargaining team? Are you also willing to haggle over the $535 you are trying to charge for a single month of invoices showing how much public money UO is paying HLGR to negotiate, slowly, with the faculty union?

What will it take to make you see the light on this issue, and realize that your office's continued and persistent efforts to frustrate the release of public records are, in the end, far more damaging to UO than anything that is likely to be found in these documents?

Thanks for your help with these questions,

Bill Harbaugh
UO Prof of Economics

On MondayMay 20, 2013, at 6:07 PM, "Office of Public Records" <pubrec@uoregon.edu> wrote:
5/20/2013

Dear Mr. Harbaugh-

The estimate I sent you on 5/16 in response to your request for an update on your request for “all records generated or received by University of Oregon employee Betsy Boyd and UO President Gottfredson regarding proposed or draft legislation that would create a University of Oregon governing board or otherwise change the relationship between the UO and state government. The time period for the request is Nov. 1, 2012 to the present”, was unclear.

I would like to clarify that while the actual cost of responding to your request is $1065.29, the office has agreed to provide a fee reduction of 40%. Accordingly, the new estimate for your request is $639.18.  Upon receipt of a check made payable to the University of Oregon in this amount, the office will proceed to locate, copy and provide the records you have requested that are not exempt from disclosure....

Lisa Thornton
Public Records Officer
University of Oregon
Office of the President

Duck coaches pocket parking payola

5/20/2013: They are making UO parking operations pay nearly $1M a year towards the bonds for the underground Matt Court Arena parking garage - meaning the cost gets tacked on to the fees every UO parking pass holder must pay. And then they earn $370K a year, presumably from game parking, and spend it on themselves:



Everybody gets a car!


No subsidies here. Move it along, professor.

UA update: VP Kimberly Espy applies for Alabama provost job.

5/20/2013 update: Word from the UO Matters branch office in Tuscaloosa is that the Espy is still a live contender for the UA Provost job.

Greg Rikhoff takes over as Gottfredson's Chief of Staff

5/20/2013: Tim Black will move to development. Rikhoff has been Director of Community Relations for the last few years. In other rumors Andrew Marcus will move from CAS Soc Sci Dean to Interim CAS Dean while Coltrane serves as Interim Provost. Still no rumors nothing solid on who will replace Randy Geller and Doug Park, or when.

UO Board legislation FAQ

Resources and news regarding the 2013 legislation to create a UO Board of Trustees.

Work in progress, suggestions welcome. Created 5/17/2013. Last updated 5/19/2013:

Hot topics:

The next (last?) public hearing on SB270 is scheduled for Th 5/23, 8:30 AM

The UO faculty union has sent out a message excoriating President Gottfredson for his "asked and answered" monologue on shared governance, and for his plan to gut it, which he will not publicly acknowledge:
To date, faculty who have expressed concern over the future of shared governance at UO have been publicly dismissed by President Gottfredson, and rebuffed at the union negotiating table. For example, when approximately 100 faculty and staff gathered this past Tuesday, May 14 for an opportunity to hear from President Gottfredson on the status of institutional board legislation, he shocked and dismayed many faculty with his lack of respect for preserving shared governance in relation to independent boards and our faculty union contract. At the negotiating table, President Gottfredson’s chief spokesperson has admitted that the UO constitution itself is not enforceable, and could be overturned by a new independent governing board.
The current PSU faculty union contract includes strong shared governance provisions. Their Faculty Senate Constitution gets legal status:
Article 12, Section 2. Notwithstanding the exclusive right of the association to negotiate and reach agreement on terms and conditions of employment, recognized in Article 1 (RECOGNITION), and the right of the University to carry out its ordinary and customary functions of management, recognized in Article 5 (RESERVED RIGHTS OF THE UNIVERSITY), the parties agree that it is mutually desirable that the collegial system of shared governance be maintained and strengthened so that faculty will have a mechanism and procedures, independent of collective bargaining, for appropriate participation in the governance of the University. To that effect, the Portland State University Faculty Constitution shall remain in existence for the duration of this Agreement subject to the provisions of Oregon University System IMD 1.120 through 1.126.
But their administration is trying to remove shared governance from the contract too. I wonder if PSU has hired Sharon Rudnick as a consultant? From the PSU AAUP site:
Take-away: The big take-away, from the perspective of our team, is that the administration would like to move much of our current contract language around issues of faculty governance from the contract into the Faculty Senate's realm (an important advisory board to the Administration). We fear that ultimately, the Administration wants governance to be “shared” disproportionately, leaving faculty fewer rights and privileges. The removal of these powers from the contract would mean significant changes in long standing evaluation procedures and would erode or remove current safeguards around process (removal from the contract means procedural violations could no longer be grieved).
SB270:  Creates independent boards for UO and PSU, allows OSU and others to follow if they can show support among their university communities. There is no requirement for such support from the UO community.

PAC-12 boss jock gets $3M to "drive the academic mission"

5/19/2013: You can't make this shit up. Rachel Bachman has the story in the WSJ on PAC-12 commissioner Larry Scott's earnings:
Scott took home a $1,376,000 bonus in addition to a base salary of $1,575,000 and other compensation of $71,462. ... Scott said that owning its networks helps the Pac-12 "drive the academic mission in terms of promoting a broad array of Olympic sports, promoting campus content and promoting the brands of our universities in ways that would not be possible in my view if someone else is controlling your network."
The players still get paid nothing, UO's students are still paying millions in hidden subsidies, and the whole thing is subsidized by billions - well, at least a few billions - of state and federal tax-deductions. Here's the illustrated version of the sorry state of public finance in our country:



And then there's the UO Foundation, which does the money laundering for the Ducks - all to support UO's tax deductible academic mission, of course. These are donations for current operations. CEO Paul Weinhold won't release the breakdown for capital gifts and endowments.


Moffitt piles on more reserves, still not enough for raises.

5/19/13: From http://ous.edu/state_board/meeting/dockets, the March 31 Quarterly Management Report. Free UO Matters coffee cup to UO Controller Kelly Wolf if he will explain the extra $99M in income that popped up this year. Anyway, it looks like reserves were up again last quarter.

In March Moffitt walked out on the faculty bargaining team when they asked her about UO's reserves, 15.8% at the time. She stalled and came back a few weeks later, saying that was if anything too low - even though OUS's recommended upper limit is 15%. For a comparison, OSU's reserves are 8.4%. That means UO has about $63M more than OSU squirreled away for a rainy day.

I've met OSU's former VPFA Mark McCambridge, who just retired. He struck me as a fairly prudent fellow. (And, in contrast to Moffitt, a strong believer in transparency.) Yet Moffitt says UO can't can't afford an extra $12M to fund the difference between the admin and union raises proposals? Hmm.


2012:

http://www.ous.edu/sites/default/files/state_board/meeting/dockets/ddoc120511-FA.pdf


The good news: When UO has its own board, VPFA Moffitt will no longer have to make excuses to the state. The bad news: When UO has its own board there will be no way for the faculty to find out what's going on with the UO budget, except with public records requests which Moffitt will respond to like this:

Robin Holmes review presentation

5/19/2013: As part of Robin Holmes's 5-year Administrative review, she will be giving a campus-wide presentation Wednesday, May 29 from 3:30 to 5 p.m. in the Gerlinger Lounge. Presumably she'll be taking questions, maybe even answering them.

Senate Election Ballot

5/11/2013: Senate Elections - log in to Duckweb to vote. Elections close Friday May 17.

Given the developing disaster over Gottfredson's refusal to engage with the faculty about shared governance, this election will be pretty important. Get your votes in. Candidate list below:

Pernsteiner is still voting illegally in Lane County?

5/17/2013: It sure looks that way to me, and Lane County Registrar Cheryl Betschart has asked him for an explanation. You remember Pernsteiner, right?


Last time I asked this question Pernsteiner had his lawyer, Bill Gary of HLGR, send this response to the registrar, claiming Pernsteiner intended to return to Lane County and make it his permanent residence:


Sure he plans to return. I like that "we respectfully request that this information be held in confidence" part. Nice try, Mr. Gary. Of course, lying to the Registrar about this sort of thing is a felony:


Let's see if that law has any teeth:

From: BETSCHART Cheryl L <Cheryl.BETSCHART@co.lane.or.us>
Subject: RE: investigation of George Pernsteiner voting residence
Date: May 13, 2013 10:06:17 AM PDT
To: 'Bill Harbaugh' <wtharbaugh@gmail.com>

Mr. Harbaugh,

A registration inquiry letter pursuant to ORS 247.195(1) has been sent to Mr. Pernsteiner. A response is requested no later than June 3, 2013. Thank you.

Cheryl Betschart
Lane County Clerk
275 W. 10th Avenue, Eugene OR 97401
(541) 682-4328 – Fax (541) 682-2303

Legislative meeting update: Faculty endorses independent UO Board legislation

5/17/3013 Update:

The Ways and Means subcommittee meeting is scheduled for 8:30 AM, Salem, Thursday the 23rd. One last chance to let your legislators know how you feel about this power grab.

5/16/2013:


Whoops, the video of President Kyr and Peter Keyes, and the resolution below, are from November 2011, at the meeting of the Statutory Faculty in Mac Court, protesting the Lariviere firing.

I believed I was endorsing legislation for a board that would including voting faculty and that would put the UO constitution on a firm legal footing.

Now the legislation has been written by President Gottfredson, Randy Geller, and their unknown advisers and lobbyists. There's been little to no faculty input. Unless you count Gottfredson's "asked and answered" fiasco on Tuesday.

The Oregon legislature will probably vote on this within weeks. Does the faculty support it in its current form, which includes no voting faculty members, and no guarantees for shared governance? Who knows - we've never been asked.
The UO Faculty Assembly directs the Senate Executive Committee, or an ad hoc Senate Committee to be appointed by the Senate President, to initiate negotiations with State Legislative leaders and the Oregon State Board of Higher Education, leading to the appointment of a University of Oregon Board of Trustees. 
The scope of issues to be engaged in the discussion of the powers of this board shall include, but shall not be limited to:
1.    The composition and appointment process of the Board
2.    Operational oversight of the University
3.    Setting of  tuition and fees
4.    Budgetary control
5.    Contract negotiations and contract authority
6.    Bonding authority
7.    Acquisition of property
8.    Status of legal counsel
9.    Construction buildings
10. Authority over the hiring and firing of president of UO.
11. Hiring and personnel policies for faculty and staff

Galvan to explain Gabon

5/16/2013: Dear colleagues:

I invite you to a presentation by Dr. Dennis Galvan, who is a finalist for the position of Vice Provost for International Affairs. Dr. Galvan's application materials (letter and cv) will be available for your review on Monday, May 20,  at http://provost.uoregon.edu/content/vice-provost-international-affairs-finalists. He will give his public presentation on Thursday, May 23, from 3:30-5:00 in the Oak Room at the EMU. A survey for providing feedback to the Provost on this candidate will also be available at the link mentioned above. Please join me and the search committee at this important event.

Yours,
Barbara Altmann
Vice Provost for Academic Affairs

Are Rudnick and HLGR also writing the UO Board legislation?

5/16/2013: Presumably Randy Geller is getting competent legal advice somewhere. Frohnmayer wrote the original version. And if it's HLGR it would help explain Rudnick's bargaining table outbursts about keeping shared governance out of the contract. HLGR wrote the Nike tax relief bill that Kitzhaber pushed through in special session, so they've got Phil Knight's trust. The legislative site on the bill is here. I'll do some more digging, if anyone knows anything please pass it along. Meanwhile the UO Senate will hold a vote of no confidence in Mr. Geller this fall. More on that soon.

Union saves chicken-killing professor's job

Insidehighered, here. 5/16/2013.

Great ledes in the ODE

Tuesday’s fire in the Hamilton Complex’s Dunn Hall was an accident caused by mop heads catching on fire, investigators have confirmed. 5/15/2013.

President Gottfredson's first talk with UO faculty goes very badly.

5/14/2013: Update on the shared governance "conversation" with President Gottfredson.

Our president's most common response to the faculty is now a curt "read my written remarks" or "asked and answered", a phrase lawyers use to semi-politely insult each other, when objecting to a question in court.

For the white-bread, comment free take on the meeting, check out "Around the 0":
During an informal meeting in Gerlinger Alumni Lounge, the president provided an update and answered questions regarding two bills in the Oregon Legislature that would reorganize higher education governance and create boards for the UO and other public universities in Oregon that request them.
After Gottfredson unloaded on the staff representative who asked a direct question in the Senate last week, Dave Hubin made a special effort to seek him out and apologize. Sounds like Dave has his work cut out for him. The problem in a nutshell? It's all about who you look up too:



Thanks to five UO Matters stringers for the notes which I've combined below. You know who you are, and if you need a letter from me to your dept head about your service contributions for the upcoming 2% merit raises, our first since 2006, just ask.

Minutes:

3:56: Twenty folks present.
3:57: Hubin and President Gottfredson arrive.
4:09. Now up to about 120 people.
4:13: Welcome from Hubin.
4:14: Gottfredson takes the stage and introduces his team, which includes Geller, Moffitt, Bean and ?.
Pres expounds on the history of the UO and the State system, saying UO is a Land-Grant College. Nope, that would be OSU, Mr. President. "Watershed moment, momentous." Repeat 3x and click your heels. Then tells of reduced State support (projected to be 5% next year).  This, unlike the Land Grant origin of the UO, was probably not news to anyone there.       
Then some REAL news: UO is one of the world’s great public research universities! However, I think that was believed about as much as the land grant origin of UO. (Too bad, because the UO showed some real promise for a while.)
Leads us through his 2-page hand out on the Local Board. Emphasized that, in every respect, The University would gain from the change. Of course Gottfredson's definition of The University is a little narrower than what the philosophes had in mind.
 4:52:  Gottfredson finally closes his canned remarks, and invites questions from the floor.
First off was a Q from Jane Cramer (PoliSci). MG interrupted her polite lead-in and didn't even allow her to frame her question (which was clearly about the CBA, but he cut her off before she should mention the CBA).  He then refused to go back to her for a follow up, calling on Frank Stahl (DNA) instead. That was a mistake:
“Mike, we are cheered by your avowed support for shared governance. As you must be aware, shared governance works only when there is a document defining the procedures by which agreements can be reached and disagreements settled. The UO Constitution is such a document. It currently enjoys the protection of State Board policy requiring that any changes in it be ratified by the relevant parties (i.e., the President and the Statutory Faculty). What steps will you take to ensure that the same protection of our existing Constitution be provided by a local Board, should the University get one?”
MG's response: Go home Frank. Stahl then descended to our President's level and a shouting match ensued. Bottom line: the UO Constitution is dead if Gottfredson has his way. Frank was of course out of line. That's why we pay him the big emeritus bucks. But MG managed to be worse. Stupid.
Michael Dreiling then raised the Constitution issue in the context of the Union/Administration CBA. Gottfredson's response: Issues of governance have no place in the CBA, period. Ignoring the CBAs of several other universities.
Margie Paris asked a softball question, but MG didn't do much with that gift.
From the floor, apparently an SEIU member: Why no classified staff member on the Board? In response, MG didn't even make eye contact with the questioner, but pointed looked the exact opposite direction in the room while he dissed his question. MG then droned on about how important it was to have faculty and student representation.  Since this was not an answer to the question, the guy pressed:  and got anodyne stuff (yeah, me too, google it) about how it's important not to have "designated membership" or some such jargony phrase; this was presumed to mean that we don't want to stipulate one of X, one of Y, one of Z all the way across (Best to leave it to the Guv.)
But the result there too was to totally ignore the actual question about classified staff representation.  And the SEIU guy was very clearly asking for Gottfredson's rationale for not having one, which these non-answers did even gesture toward.  The result was so insulting that there was a little mutiny of hands up and murmuring from across the room among those who were clearly classified staff. (My father's advice when I got hired at UO: Always respect the staff, never teach in the summer, and don't trust those bastards in the central administration. Three out of three, Dad.)
All in all, with both classified staff and faculty, MG clearly had no notion that his audience was people who work here, know one or two things about our "land-grant" status and the Morrill Act, state funding levels and the like.  And he was both unprepared to answer questions and too thin-skinned to try being honest on the fly.

5:20: Most of the faculty has fled. Maybe 10% of the original crowd stays for the traditional post conversation brown-nosing with the man who can double your salary. Mike "The University" Gottfredson, Jim "Big Five" Bean, and Dave Hubin, plus two or three faculty, or maybe food-service. BTW, the food was a bust too. No disrespect to UO food service staff, but I imagine the Football Operations Sous Chef puts out a better and significantly more expensive spread whenever Gottfredson shows up there.
5:22: Your Reporters split.

My question to President Gottfredson:
From: Bill Harbaugh 
Subject: Question about UO Board legislation 
Date: May 13, 2013 12:01:05 PM PDT
To: President Gottfredson
Cc: David Hubin , Randy Geller , doug park , Kron Michael Michael C , rep.bettykomp@state.or.us, sen.rodmonroe@state.or.us, Robert Kyr , Margie Paris  
Dear President Gottfredson:
I have a question regarding the proposed independent board legislation, which I hope you will answer by email - I'll be unable to attend the governance meeting in Gerlingher tomorrow.  
What I think is the latest draft of the legislation, at https://olis.leg.state.or.us/liz/2013R1/Downloads/CommitteeMeetingDocument/19825, says: 
“SECTION 2a. A university with a governing board is a governmental entity performing governmental functions and exercising governmental powers. A university with a governing board is not
considered a unit of local or municipal government or a state agency,
board, commission or institution for purposes of state statutes or
constitutional provisions. ...

I am wondering if this legislation will affect UO's obligations under the public records and meetings law, if the UO Board will also be subject to these laws, and if the responsibility for handling appeals of Public Records denials from UO or the board will shift from the Lane County DA to the State DOJ or to another office. 
Thank you,
Bill Harbaugh
UO Prof. of Economics
No response yet. Call me naive, but I'm finally beginning to get a little suspicious abut President Gottfredson's intentions.

5/13/2013: Gottfredson's compensation is ~10% above comparators:

We all know UO faculty salaries are bad. Check here to see how far you are behind your peers. But the UO salary news isn't grim for everyone. The Chronicle just reported salaries for 212 presidents and chancellors at public research universities, for 2011. The median total compensation (includes deferred) is $400,000. President Gottfredson's contract is here. His starting pay was $440K, plus $100K deferred, plus ORP at about $63K, plus $14.4K for a car, plus use of McMorran house or Treetops, worth say $36K - below market, but he's gotta use it for entertaining too. So, including ORP his total comp is about $653K. Leaving out the house and car, it's $603K.

Average compensation at our AAU comparators is $612K. Of course that includes many presidents with years on the job. If you leave out IU and Michigan, where the presidents run entire systems, the average is $553K.

Hide the minutes update on Dave Hubin's PRAAG

5/14/2013 update: I've been trying to get a copy of the minutes that Dave Hubin had taken at this meeting of the Public Records Administrative Advisory Group that he and Pres Gottfredson set up to bypass the Senate and subvert shared governance. See below. Ironically, he had the minutes taken because he wanted to persuade me to stop live-blogging - he didn't even tell me about the first meeting. Nice try. After a month of evasions from Hubin, I made a public records request:
On Monday Apr 29, 2013, at 6:33 PM, Bill Harbaugh wrote: 
Hi Lisa,  
This is a public records request for a copy of the original raw draft of the minutes of the 3/7/2013 AAG on Public records, as taken down during the meeting. I've been trying to get these from Dave Hubin for a month, without success. 
I ask for a fee waiver on the basis of the public interest in avoiding the absurdity of charging people to see the minutes of a meeting about charging people to see public records. 
Thanks,
Bill Harbaugh
UO Prof of Economics
2 weeks, and still no response. If I don't get them by tomorrow, I'll petition the DA.

3/7/2013: Live-blog: Usual disclaimer, this is what I think people said or meant to say or should have said. Turns out I was misinformed about refreshments, sorry Dash.

Synopsis: Randy Geller has PRO Lisa Thornton scared shitless. Today she revealed she bases her fee waiver decisions on whether or not, in her personal judgement, revealing the documents is in the best interests of Eugene's citizens. But she will not explain her logic for those decisions. Awesome power and responsibility. Even Dave Hubin is getting pissed about the situation. And putative journalism dean Tim Gleason is still using "administrative burden" arguments to justify hiding public records. But John Bonine is on the case, on the side of transparency. I give Geller another two months, tops.

Hubin: There *will* be a written report with recommendations to President Gottfredson, and someone is now taking minutes, besides UO Matters. Dave gives shoutout to the STC for getting the fall 2011 fee-waiver, which Berdahl trashed in April 2012, and which Gottfredson has refused to reinstate, and which UO now uses to delay and frustrate requests, even from student journalists.

Thornton: Complaints were made to the DA about redactions and delays. We then made some de-redactions.

Bonine: Are complaints and ruling on the PRO website? If not why not? Hubin: My legal advice to hide Randy's PR advice comes from Randy, and it's a secret. Harbaugh: So secret Lisa even redacted Randy's name, until the DA called him to the office and told him he had to deredact: