October 14, 2011 Senator Judith Zaffirini, Co-Chairman ...
KENNETH M. JASTROW, 11
October 14, 2011
Senator Judith Zaffirini, Co-Chairman Representative Dan Branch, Co-Chairman Joint Oversight Committee on Higher Education Governance, Excellence and Transparency P.O. Box 12068 Austin, Texas 78711 Dear Chairman Zaffirini and Chairman Branch: Please accept this letter from a concerned citizen regarding the attack on higher education in Texas which, left unchecked, will undermine our great public teaching and research institutions—The University of Texas and Texas A&M University. Both UT and A&M are Tier 1 institutions, members of the American Association of Universities (AAU), and recognized across the country as excellent in the areas of teaching and research. Together, UT and A&M receive more than $1.2 billion annually in research funding, and each graduate more students than any another school in Texas. Fundamentally, they drive a better tomorrow for all Texans, and both institutions are critically important to the future of our State. The Texas Coalition for Excellence in Higher Education, with over 300 members, has been created to support these institutions and their leaders. One of the State's most influential academic leaders, Dr. Peter Flawn, says the following: "Great Tier One teaching and research universities take fifty years or more to build. However, they can be torn down in a year or two." The destruction of major teaching and research universities comes from people who support mission change and have a fundamental lack of understanding of Tier 1 institutions' tremendous value to our State and Nation. We must not, and we will not, let this happen. The initial meetings of the Joint Oversight Committee are focused on Governance. In that regard, I offer the following comments. •
The Texas State Constitution of 1876 mandated that Texas establish, organize and provide for the maintenance, support, and direction of a university of the "first class."
•
The oath of office for a regent requires each regent to uphold the Constitution of the United States and the Constitution of the State of Texas.
6300 BEE CAVES ROAD
BLDG 1, 6TH FLOOR AUSTIN, TX 78746 TEL 512.434.1700
FAX 512.434.1701
-2-
•
The framers of the Texas State Constitution provided a simple mandate, and left to the future, adoption of governance principles to satisfy the mandate. The controversy over the past nine months regarding higher education is, in part, the product of failed governance. As a result, the Joint Oversight Committee is encouraged to examine the following issues: a. Regent selection, nominating and confirmation process. b. Qualifications necessary to be a regent. c. Clear description of duties and responsibilities of regents. d. Increasing the number of regents for each board and decreasing the term of office of each regent.
•
Additionally, good governance requires an appropriate Conflict of Interest Policy, Standards of Business Conduct and Ethics, and a Comprehensive Disclosure Statement. In that regard, the following recommendation is made: The Committee (or Legislature) should require Boards of Regents to adopt Conflict of Interest Policies and Standards of Business Conduct and Ethics. The legal doctrines of duty of care and duty of loyalty should be incorporated in governance policies for Boards of Regents. Also regents should be required to annually submit a Comprehensive Disclosure Statement that addresses conflicts, affiliations, perks received, etc. Each regent should be required annually to certify that they have complied with Conflict of Interest Policies and Standards of Business Conduct and Ethics. Regents should be held accountable to the Standards adopted.
It is my understanding that fundamentally Boards of Regents in Texas do not have "state of the art" Governance policies. If we are serious about improving higher education in Texas, then Boards of Regents must first adopt appropriate and modern Governance policies to govern themselves before they can effectively govern their constituents. If you believe this idea is worth pursuing, I would point out that many of the panelists here today would be excellent resources to help create appropriate and effective Governance policies for Boards of Regents.
-3-
I would like to thank the Committee for the opportunity to forward this letter as written testimony. It is my fundamental belief that the Committee has the opportunity to meaningfully enhance the future of Texas by carefully and thoughtfully examining the issues facing higher education in our State. Learning, new discovery, and educated minds are the product of major teaching and research universities. History teaches us that enlightened citizens provide the best opportunity for a better life. Future generations of Texans will benefit greatly from the continued growth and development of our major Tier 1 higher education institutions. Best regards,
Kenneth M. Jastrow, I KMJ:nw
October 14, 2011
Senator Judith Zaffirini, Co-Chairman Representative Dan Branch, Co-Chairman Joint Oversight Committee on Higher Education Governance, Excellence and Transparency P.O. Box 12068 Austin, Texas 78711 Dear Chairman Zaffirini and Chairman Branch: Please accept this letter from a concerned citizen regarding the attack on higher education in Texas which, left unchecked, will undermine our great public teaching and research institutions—The University of Texas and Texas A&M University. Both UT and A&M are Tier 1 institutions, members of the American Association of Universities (AAU), and recognized across the country as excellent in the areas of teaching and research. Together, UT and A&M receive more than $1.2 billion annually in research funding, and each graduate more students than any another school in Texas. Fundamentally, they drive a better tomorrow for all Texans, and both institutions are critically important to the future of our State. The Texas Coalition for Excellence in Higher Education, with over 300 members, has been created to support these institutions and their leaders. One of the State's most influential academic leaders, Dr. Peter Flawn, says the following: "Great Tier One teaching and research universities take fifty years or more to build. However, they can be torn down in a year or two." The destruction of major teaching and research universities comes from people who support mission change and have a fundamental lack of understanding of Tier 1 institutions' tremendous value to our State and Nation. We must not, and we will not, let this happen. The initial meetings of the Joint Oversight Committee are focused on Governance. In that regard, I offer the following comments. •
The Texas State Constitution of 1876 mandated that Texas establish, organize and provide for the maintenance, support, and direction of a university of the "first class."
•
The oath of office for a regent requires each regent to uphold the Constitution of the United States and the Constitution of the State of Texas.
6300 BEE CAVES ROAD
BLDG 1, 6TH FLOOR AUSTIN, TX 78746 TEL 512.434.1700
FAX 512.434.1701
-2-
•
The framers of the Texas State Constitution provided a simple mandate, and left to the future, adoption of governance principles to satisfy the mandate. The controversy over the past nine months regarding higher education is, in part, the product of failed governance. As a result, the Joint Oversight Committee is encouraged to examine the following issues: a. Regent selection, nominating and confirmation process. b. Qualifications necessary to be a regent. c. Clear description of duties and responsibilities of regents. d. Increasing the number of regents for each board and decreasing the term of office of each regent.
•
Additionally, good governance requires an appropriate Conflict of Interest Policy, Standards of Business Conduct and Ethics, and a Comprehensive Disclosure Statement. In that regard, the following recommendation is made: The Committee (or Legislature) should require Boards of Regents to adopt Conflict of Interest Policies and Standards of Business Conduct and Ethics. The legal doctrines of duty of care and duty of loyalty should be incorporated in governance policies for Boards of Regents. Also regents should be required to annually submit a Comprehensive Disclosure Statement that addresses conflicts, affiliations, perks received, etc. Each regent should be required annually to certify that they have complied with Conflict of Interest Policies and Standards of Business Conduct and Ethics. Regents should be held accountable to the Standards adopted.
It is my understanding that fundamentally Boards of Regents in Texas do not have "state of the art" Governance policies. If we are serious about improving higher education in Texas, then Boards of Regents must first adopt appropriate and modern Governance policies to govern themselves before they can effectively govern their constituents. If you believe this idea is worth pursuing, I would point out that many of the panelists here today would be excellent resources to help create appropriate and effective Governance policies for Boards of Regents.
-3-
I would like to thank the Committee for the opportunity to forward this letter as written testimony. It is my fundamental belief that the Committee has the opportunity to meaningfully enhance the future of Texas by carefully and thoughtfully examining the issues facing higher education in our State. Learning, new discovery, and educated minds are the product of major teaching and research universities. History teaches us that enlightened citizens provide the best opportunity for a better life. Future generations of Texans will benefit greatly from the continued growth and development of our major Tier 1 higher education institutions. Best regards,
Kenneth M. Jastrow, I KMJ:nw
