By Dara Kam ©2024 The News Service of Florida
TALLAHASSEE — Incoming Florida House Speaker Daniel Perez is pushing back against a proposal that would give the chair of the state university system’s Board of Governors more authority over searches for new university presidents, saying it could “manipulate the hiring process.”
The Board of Governors’ proposal, given initial approval Wednesday, comes as three of the state’s 12 universities are operating with interim presidents and as search processes have drawn criticism for being shrouded in secrecy.
Board member Eric Silagy, who was among the critics of the proposed change Wednesday, argued it would essentially give the chair “veto” power over university search committees’ presidential selections.
Currently, search committees provide lists of presidential finalists to the universities’ boards of trustees. The names of applicants are kept secret until the finalists are invited to visit the schools and appear before the trustees. While the trustees choose presidents, the system’s Board of Governors has final approval power.
Under the proposed change, search committees would recommend to trustees lists of final applicants “subject to the prior review and approval by the chair of the Board of Governors.” The board’s rules require search committees to submit at least three finalists to the trustees, except in “exceptional circumstances.”
Proponents of the change argued Wednesday that giving the Board of Governors chair the ability to weigh in before finalists are made public would protect applicants from being identified if the process “goes awry.”
“I don’t think this is an overreach. I don’t think this is trying to take command of a search process from the trustees. I think it’s a reasonable control feature that is there simply to inspect and do it in a way that protects the confidentiality of the candidates, because it’s all in the shade,” Board of Governors Chair Brian Lamb said.
State lawmakers in 2022 created a public-records exemption for information that could identify university presidential applicants until near the end of searches, when information about finalists can be released. Information about other applicants is shielded from disclosure.
Perez, a Miami Republican who will take over as speaker after the November elections, told The News Service of Florida on Wednesday that the proposed change doesn’t align with the process envisioned by lawmakers.
“I am concerned by the discussion today at the Board of Governors, and what could be seen as an attempt to manipulate the hiring process for state university presidents. When the Legislature expanded confidentiality for the search process, we did not intend to change the roles of the Board of Trustees or the Board of Governors. If we had intended to give BOG members the power to veto a candidate ‘in the shade,’ to use their phrase, we would have specified that in the law,” Perez said.
The Board of Governors is slated to take a final vote on the proposal — which would apply to active presidential searches and future searches — at its next meeting, which is scheduled for Oct. 29 and 30 in Miami.
Silagy, a former president and CEO of Florida Power & Light, on Wednesday questioned whether the proposed change would discourage people from participating in search committees in what he indicated is an arduous process.
“When it comes down to making big moves on things, at least this is the way I used to do business on things that have less clarity around potential outcomes, I’m a little more of a walk before you run, first, right? You take a smaller position, so you don’t create a bigger problem by taking a big position,” Silagy said.
He suggested that the chair be allowed to “review” finalists without being given the authority to nix candidates. The board rejected Silagy’s proposed change.
Search committees have a maximum of 15 members, including a member of the Board of Governors, at least three university trustees and a mix of other school-related members.
The proposed changes also would allow the chair of the Board of Governors to appoint a second member to search committees. The additional appointee would not be a member of the board.
The law requiring applicants’ names to be kept secret until finalists are selected prevents members of the search committees from communicating with the Board of Governors, board member Alan Levine said during Wednesday’s discussion. Giving the board chair the ability to stop the process before the names are released provides a “safety valve” for candidates if the process goes “awry,” Levine argued.
“My fear, personally, speaking for myself, is if they have a problem and the names are published, then it becomes a public spectacle, and somebody’s reputation is on the line or their current job is on the line,” Levine said. “And so I feel like this is a good way to have that safety valve.”
But Florida International University Board of Trustees Chair Rogelio Tovar warned that giving the Board of Governors chair such authority could pose a “real struggle” for trustees trying to assemble search committees.
“It won’t be the type of leadership you want on that committee, because people will say, ‘I’m not going to waste my time if I just feel like I’m going to be overridden,’” Tovar said.
The proposed changes come as the University of Florida, Florida A&M University and Florida Atlantic University face the process of finding new presidents.
The Board of Governors on Wednesday approved the appointment of Kent Fuchs, who spent about eight years as the University of Florida’s president, as interim leader at UF. Fuchs was tapped by the UF Board of Trustees after the sudden resignation in July of former President Ben Sasse.
The Board of Governors also signed off on the selection of Tim Beard, a retired president of Pasco-Hernando State College, to serve as interim president at FAMU. Beard was named to the post after former President Larry Robinson stepped down following the school’s controversial acceptance and then rejection of a $237 million donation.
Florida Atlantic University also is preparing to launch a new presidential search, after state university system Chancellor Ray Rodrigues last year called off a previous search, citing “anomalies” in the selection process.
The proposal discussed Wednesday would make a flawed process even more problematic, First Amendment Foundation Executive Director Bobby Block told the News Service.
“This takes a bad situation, a bad formerly open process, and makes it even worse, and makes it even darker,” he said.
