Legislature(2019 - 2020)DAVIS 106

03/06/2020 08:00 AM EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 180 ADD FACULTY MEMBER UNIV BOARD OF REGENTS TELECONFERENCED
Heard & Held
-- Testimony <Invited followed by Public> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 236 INCREASE BASE STUDENT ALLOCATION TELECONFERENCED
Moved HB 236 Out of Committee
**Streamed live on AKL.tv**
        HB 180-ADD FACULTY MEMBER UNIV BOARD OF REGENTS                                                                     
                                                                                                                                
[Contains brief mention of HB 195.]                                                                                             
                                                                                                                                
8:15:33 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY announced  that the final order  of business would                                                               
be HOUSE  BILL NO. 180 "An  Act relating to the  Board of Regents                                                               
of the University of Alaska."                                                                                                   
                                                                                                                                
8:16:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ADAM WOOL,  Alaska State  Legislature, introduced                                                               
HB  180  as prime  sponsor.    He  explained  that HB  180  would                                                               
establish  a   voting  faculty   member  representative   on  the                                                               
University of Alaska  (UA) Board of Regents.  He  noted that five                                                               
states' universities  include a  faculty member on  their boards.                                                               
He drew  a comparison to boards  such as those for  hospitals and                                                               
banks  that  include doctors  and  bankers  as  a part  of  their                                                               
respective   stakeholder   representation   for   decision-making                                                               
processes.   He noted that  UA Board of Regents  includes student                                                               
representation.                                                                                                                 
                                                                                                                                
8:17:38 AM                                                                                                                    
                                                                                                                                
ASHLEY CARRICK,  Staff,  Representative  Adam Wool,  Alaska State                                                               
Legislature, presented  HB 180 on behalf  of Representative Wool,                                                               
prime  sponsor.   She began  a PowerPoint  presentation [hardcopy                                                               
included in  the committee packet],  entitled "HB  180 Supporting                                                               
Document   Intro Presentation."   Slide 2 depicted the membership                                                               
structure of  the UA  Board of  Regents and  the current  role of                                                               
faculty to the board.   She added that faculty maintains speaking                                                               
rights but  does not  maintain voting rights.   Ms.  Carrick then                                                               
drew  attention to  slide 3,  entitled "STATE  UNIVERSITY SYSTEMS                                                               
OVERVIEW,"   and  noted   that  only   public  institutions   are                                                               
represented   on  the   map;   however,   there  exists   faculty                                                               
representation on 15 percent of  private university boards across                                                               
the  nation.    She  exemplified  how  the  state  of  Oregon  is                                                               
represented differently  on the map  due to more than  one public                                                               
university  system  in  Oregon,  both of  which  include  faculty                                                               
representation on its board with full voting rights.                                                                            
                                                                                                                                
8:21:05 AM                                                                                                                    
                                                                                                                                
MS. CARRICK  drew attention to slides  4 and 5, which  depict the                                                               
composition of public university  boards in Oregon, Pennsylvania,                                                               
Florida,   Kentucky,   and   Tennessee   that   include   faculty                                                               
representation.   She made note  that no standard  for university                                                               
board membership  composition exists.  She  offered clarification                                                               
that  Kentucky   State  University's  governing   councils  elect                                                               
members  rather  than  establishing membership  by  gubernatorial                                                               
appointment.   She  concluded that  a variety  of composition  of                                                               
boards  exists along  with a  variety among  the way  members are                                                               
appointed  or  elected  on  boards  throughout  the  nation,  and                                                               
variety  exists also  among boards  that do  not include  faculty                                                               
representation.                                                                                                                 
                                                                                                                                
8:23:39 AM                                                                                                                    
                                                                                                                                
MS. CARRICK drew  attention to slide 6, entitled "HB  180: HOW IT                                                               
WORKS," to the second bulleted  point, "Nominees from the Faculty                                                               
Senate of each  of the three main campuses are  put forward." She                                                               
explained that two  nominees from each of the  three campuses are                                                               
put  forward for  gubernatorial  consideration.   She noted  that                                                               
under  HB 180,  as currently  written,  a term  consists of  four                                                               
years; however,  following stakeholder  engagement, consideration                                                               
is being made to amend the length  of the term to two years.  She                                                               
then drew attention  to slide 7, entitled "HB 180:  BENEFITS OF A                                                               
FACULTY  REGENT," and  explained  that faculty  currently do  not                                                               
enjoy  a voting  privilege while  the student  regent does.   She                                                               
highlighted  the  standard  of professionalism  that  exists,  in                                                               
particular  for  the student  regent  member,  and she  said  the                                                               
proposed faculty member would be held to the same high standard.                                                                
                                                                                                                                
8:26:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  asked for  an  explanation  of the  selection                                                               
process of the student member.                                                                                                  
                                                                                                                                
MS. CARRICK answered that up to  two students may be elected from                                                               
each campus  for gubernatorial  consideration through  a petition                                                               
process.                                                                                                                        
                                                                                                                                
CO-CHAIR DRUMMOND  asked whether the six  agricultural members of                                                               
the Pennsylvania State University  Board of Trustees were faculty                                                               
of an agricultural program.                                                                                                     
                                                                                                                                
MS. CARRICK  offered her understanding that  the six agricultural                                                               
members represent  the agricultural industry.   In response  to a                                                               
follow-up question, she  confirmed that they could  be members of                                                               
the business community.                                                                                                         
                                                                                                                                
CO-CHAIR  DRUMMOND  referred to  slide  6  and asked  whether  an                                                               
amendment is  anticipated to reduce  the term from four  years to                                                               
two.   She asked for  additional information on the  bullet point                                                               
"Tiebreaker vote  of the full  board can be  broken by a  vote of                                                               
the President,"  whether the  president of UA  is an  employee of                                                               
the board  comparable to  a superintendent  of a  school district                                                               
who is hired by the district's board.                                                                                           
                                                                                                                                
8:29:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  answered that  the president is  an employee                                                               
of UA and serves at the  pleasure of the Board of Regents.                                                                      
                                                                                                                                
CO-CHAIR DRUMMOND  expressed concern regarding the  president, as                                                               
an employee of the board,  holding a tiebreaker voting privilege.                                                               
She suggested that  since the increase in regents  proposed in HB
180 would result in 12 voting  members, perhaps a vote of 7 could                                                               
be required to eliminate the need for a tiebreaker vote.                                                                        
                                                                                                                                
REPRESENTATIVE WOOL  offered the possibility that  members absent                                                               
from a meeting could create challenges  should a vote of seven be                                                               
required.   He  noted  that  there exists  a  simple majority  of                                                               
members present.                                                                                                                
                                                                                                                                
CO-CHAIR DRUMMOND  referred to  Alaska State  Legislative Uniform                                                               
Rules requiring either a simple  majority of members present or a                                                               
full  majority depending  on the  issue  being voted  upon.   She                                                               
asked which rules of order govern the process for the board.                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  offered that  the board has  adopted Roberts                                                               
Rules  of  Order,  and  he   expressed  his  belief  that  issues                                                               
requiring  a  vote  require  only a  majority  of  those  members                                                               
present.                                                                                                                        
                                                                                                                                
8:32:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  expressed  concern regarding  the  interest                                                               
between  the president  and the  [proposed] faculty  member.   He                                                               
suggested  that   the  president   could  apply  pressure   to  a                                                               
subordinate faculty  member in the  case of a  contentious issue.                                                               
Of the other  states described in the presentation,  he asked how                                                               
the states with  an even number of board members  function in the                                                               
event of a tie vote.                                                                                                            
                                                                                                                                
8:33:29 AM                                                                                                                    
                                                                                                                                
MS. CARRICK indicated that she  would conduct additional research                                                               
and inform the committee.                                                                                                       
                                                                                                                                
REPRESENTATIVE   TUCK  asked   who  has   advocated  for   voting                                                               
privileges  for a  faculty representative  as  proposed under  HB
180.                                                                                                                            
                                                                                                                                
8:33:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL stated that over  the prior five years he has                                                               
fielded  increasing  requests  from   faculty  members  who  have                                                               
expressed  concern  for lack  of  faculty  representation on  the                                                               
board,  and  he  indicated  the perceived  concern  had  recently                                                               
increased  due to  budget cuts.   He  noted that  the concept  of                                                               
faculty representation on the board  had been met with resistance                                                               
and  that  potential  conflict of  interest  exists  for  faculty                                                               
members;  however, he  suggested that  potential conflict  exists                                                               
also for  the student representative  when votes on  matters such                                                               
as tuition or  program cuts are contemplated.   He suggested that                                                               
should a  genuine conflict of  interest arise, the  member should                                                               
recuse  him/herself  from  the  vote.     He  remarked  that  all                                                               
political  appointees carry  an  inherent risk  of potential  for                                                               
conflict of  interest.   He suggested  that students  and faculty                                                               
bring a vital perspective to the board.                                                                                         
                                                                                                                                
8:36:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK noted  that  professional  trade groups  may                                                               
prohibit employees  from participating  in governance due  to pay                                                               
and  benefits decisions.   He  contrasted student  representation                                                               
and faculty representation  due to the amounts paid  by the state                                                               
to subsidize  students' tuition.  He  expressed concern regarding                                                               
the uncertainty of future funding for UA.                                                                                       
                                                                                                                                
8:37:51 AM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND  asked whether  adding a second  student member                                                               
had been  considered to  alleviate the need  for a  tiebreaker by                                                               
the president.                                                                                                                  
                                                                                                                                
8:38:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  said he had  not considered  another student                                                               
but  had considered  adding a  staff  member in  addition to  the                                                               
student  and   proposed  faculty   member.    He   suggested  the                                                               
possibility of  allowing a term  of another regent to  expire and                                                               
subsequently filling  that position  with a  faculty member.   He                                                               
expressed his  hope that  issues brought  before the  board would                                                               
generally result  in more decisive  voting outcomes  [rather than                                                               
tie votes].                                                                                                                     
                                                                                                                                
8:39:23 AM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND  said that  the Anchorage  Assembly was  in the                                                               
process  of considering  whether  to add  a  member, which  would                                                               
result  in  an even  number  of  representatives, and  that  some                                                               
assemblies allow for a mayor to  serve as a tiebreaker vote.  She                                                               
encouraged  more   information  be  provided  to   the  committee                                                               
regarding  the  rules  of  order  and  how  the  president  as  a                                                               
tiebreaker would  function once implemented, including  how other                                                               
state university systems may operate with the same.                                                                             
                                                                                                                                
8:40:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL offered that  regardless of whether the board                                                               
procedurally  operates  in  accordance, Roberts  Rules  of  Order                                                               
prescribes that the  board chair is not a voting  member unless a                                                               
tiebreaker  vote  is  needed.    He  agreed  to  conduct  further                                                               
research as requested.                                                                                                          
                                                                                                                                
8:41:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON noted the  vote weight distribution in the                                                               
state systems  referenced in the  presentation and  asked whether                                                               
the proposed faculty member would  carry an 8 percent weight with                                                               
his/her vote.   She then  asked for clarification  that currently                                                               
the faculty member representation  cannot vote nor participate in                                                               
executive   session,  and   she   asked   whether  the   proposed                                                               
legislation would allow for that participation.                                                                                 
                                                                                                                                
8:42:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    WOOL    confirmed   Representative    Johnson's                                                               
assessment and  compared faculty member participation  to that of                                                               
Puerto Rico or Guam [in the United States Congress].                                                                            
                                                                                                                                
REPRESENTATIVE  JOHNSON  stated  that the  conflict  of  interest                                                               
might occur  should a  faculty member  participate in  the hiring                                                               
and evaluation of  a president, and she asked how  that and other                                                               
potential  conflicts, such  as personnel  issues being  discussed                                                               
during executive session, would be managed.                                                                                     
                                                                                                                                
REPRESENTATIVE  WOOL  noted   that  student  representatives  are                                                               
exposed  to  sensitive  information and  potential  conflicts  of                                                               
interest and there  exists a professional standard  of conduct to                                                               
which they  are held, such as  self-recusal, based on trust.   He                                                               
answered the  question of a  faculty member participating  in the                                                               
hiring  of a  president,  adding that  the  University of  Alaska                                                               
Faculty Senate  provides a position  of support on the  hiring of                                                               
the president.   He noted that the faculty member  vote weight as                                                               
proposed would  be one-twelfth of  the whole on hiring  and other                                                               
matters brought  to a vote,  and he  expressed his hope  that the                                                               
board would  not be divided by  a tie vote in  hiring a president                                                               
but rather  maintain more  of a  consensus for  a matter  of such                                                               
consequence.    He  reiterated that  the  student  representative                                                               
currently  enjoys the  privilege  of voting  on  this [and  other                                                               
matters] and  suggested that the  lack of  faculty representation                                                               
results in imbalanced representation.                                                                                           
                                                                                                                                
8:45:44 AM                                                                                                                    
                                                                                                                                
MS. CARRICK offered  that there could be a  perception of limited                                                               
powers  held  by  a  student regent  whereas,  in  practice,  the                                                               
student regent  is held  to a  rigorous standard  of professional                                                               
conduct.  She  described anecdotal experiences related  to her by                                                               
current  and previous  student regents  who have  participated in                                                               
program decisions  and other sensitive matters  for decision that                                                               
are  subject to  public  scrutiny.   She  explained that  student                                                               
representatives serve  on the  board to  the benefit  of UA  as a                                                               
whole and  not for the campus  from which they were  nominated or                                                               
for  the particular  program in  which the  student is  enrolled.                                                               
She suggested that  a faculty regent would  reasonably be capable                                                               
of  serving UA  as a  whole similarly,  professionally, and  in a                                                               
nonpartisan manner.                                                                                                             
                                                                                                                                
8:47:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL added  that UA  had recently  eliminated its                                                               
education program with  a vote of six yeas to  five nays, and the                                                               
student regent voted in favor  of the elimination of the program.                                                               
He   suggested  that   as  evidence   that  the   student  regent                                                               
participates in major decisions and is not a token member.                                                                      
                                                                                                                                
8:48:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked whether the student  regent is elected                                                               
or  whether  his/her  name  is  forwarded  to  the  governor  for                                                               
appointment.                                                                                                                    
                                                                                                                                
8:48:46 AM                                                                                                                    
                                                                                                                                
MS.  CARRICK  explained that  among  the  three main  campuses  a                                                               
student may  choose to solicit  petition signatures to  award the                                                               
opportunity of consideration of  gubernatorial appointment to the                                                               
board.   She  added that  there exists  a trend  of rotating  the                                                               
student representation  among the  different campuses,  with some                                                               
exceptions.     She  added  that   students  are   evaluated  for                                                               
appointment based on qualifications.                                                                                            
                                                                                                                                
REPRESENTATIVE PRAX asked how a  faculty member would be selected                                                               
and  whether   the  faculty  union   would  participate   in  the                                                               
nomination process.                                                                                                             
                                                                                                                                
MS. CARRICK reiterated that the UA  Faculty Senate at each of the                                                               
three main  campuses would appoint  two nominees, for a  total of                                                               
six nominees  to be considered  for gubernatorial  appointment to                                                               
the  board.   She  stated that  the faculty  union  would not  be                                                               
involved in the process.                                                                                                        
                                                                                                                                
8:51:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  said he did  not see where Section  4 refers                                                               
to "Faculty Senate,"  and he asked for an explanation  of how the                                                               
Faculty Senate works.                                                                                                           
                                                                                                                                
8:52:47 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND offered  that on  page  2, line  12, the  bill                                                               
states "three faculty senates".                                                                                                 
                                                                                                                                
REPRESENTATIVE TUCK  asked for an explanation  of the composition                                                               
and function of the faculty senates.                                                                                            
                                                                                                                                
8:53:03 AM                                                                                                                    
                                                                                                                                
MS. CARRICK  explained that each  faculty senate  conducts annual                                                               
elections to appoint members on  rotating terms.  She conjectured                                                               
that no  term limits  exist.  She  offered to  provide additional                                                               
information to the committee including terms of service.                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK  asked  what  function  the  faculty  senate                                                               
serves.                                                                                                                         
                                                                                                                                
8:53:57 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  STORY  asked  whether  a  representative  from  UA  was                                                               
present and available to provide information to the committee.                                                                  
                                                                                                                                
REPRESENTATIVE WOOL indicated that  the witnesses present did not                                                               
include invited  testimony at the  current hearing;  however, one                                                               
or more invited  testifiers would be offered at  a future hearing                                                               
on the bill.                                                                                                                    
                                                                                                                                
CO-CHAIR  STORY referred  to a  letter in  the committee  packet,                                                               
entitled "UNAC Support  Letter," which includes a  reference to a                                                               
two-year  term  rather than  a  four-year  term due  to  workload                                                               
considerations for the  appointee.  She cited a  statement in the                                                               
letter which read that "the  faculty regent be chosen in rotation                                                               
from  UAF, UAA,  UAS  and Extended  Campuses  to ensure  balanced                                                               
representation  from  the  campuses."    She  asked  whether  the                                                               
sponsor intended to include the  suggested language in an amended                                                               
version of the bill.                                                                                                            
                                                                                                                                
REPRESENTATIVE WOOL stated that  he intentionally did not include                                                               
such language to mitigate  regionalism in faculty representation.                                                               
He  suggested that  regionalization could  politicize the  board.                                                               
He expressed his intent that  faculty and student representatives                                                               
work  in the  best interest  of the  UA system  as a  whole.   He                                                               
suggested   that  the   trend   of   rotating  regional   student                                                               
representation   had   occurred    inconsequentially,   and   the                                                               
appointees were selected based only on their qualifications.                                                                    
                                                                                                                                
CO-CHAIR STORY  asked whether the  sponsor had  obtained feedback                                                               
from  the current  board of  regents regarding  adding a  faculty                                                               
member.                                                                                                                         
                                                                                                                                
8:56:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL indicated  that  he  had engaged  informally                                                               
with  some current  board and  faculty  members, and  he said  he                                                               
thinks    -    especially    considering   the    faculty    felt                                                               
underrepresented  over  the summer  -  that  while they  may  not                                                               
testify in  support of  [adding a faculty  member to  the board],                                                               
they would not be  opposed to it.  He added,  "I'm sure there are                                                               
some that are  opposed, and ... maybe, in a  way, that speaks to:                                                               
This isn't such a bad idea."   He said faculty does have a voice,                                                               
and  he thinks  faculty  members, who  are  "just random  faculty                                                               
members," would be  hesitant to come before the board  and make a                                                               
strong  statement, because  they are  an employee.   Whereas,  if                                                               
they were on  the Board of Regents, then that  would be their job                                                               
and expected role.                                                                                                              
                                                                                                                                
8:58:52 AM                                                                                                                    
                                                                                                                                
MS.  CARRICK explained  that she  had  been in  contact with  the                                                               
Northwest Commission  on Colleges  (NCC), which had  contacted UA                                                               
the summer prior, taking issue with  the fiscal state of UA.  She                                                               
indicated  that NCC  has stated  its political  neutrality on  HB
180,  has offered  no  public  opposition to  the  bill, and  has                                                               
informally allowed  for the merits  of faculty  representation on                                                               
the board.                                                                                                                      
                                                                                                                                
9:00:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  expressed concern that a  faculty member may                                                               
be  subject to  undue  pressure should  the  president enjoy  the                                                               
power of a  tiebreaker vote since the faculty is  employed at the                                                               
pleasure of the president and could be terminated.                                                                              
                                                                                                                                
9:01:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL stated that  a tenured professor is protected                                                               
from [capricious] termination.                                                                                                  
                                                                                                                                
9:02:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHNSON  asked   whether   a  recently   retired                                                               
professor  would be  considered  qualified to  fill the  proposed                                                               
faculty position.                                                                                                               
                                                                                                                                
REPRESENTATIVE  WOOL acknowledged  that a  retired professor  may                                                               
already  exist  by happenstance  on  the  board and  any  retired                                                               
professor would add value to the board.                                                                                         
                                                                                                                                
9:03:04 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY opened public testimony on HB 180.                                                                               
                                                                                                                                
9:03:18 AM                                                                                                                    
                                                                                                                                
MARIA  WILLIAMS,  PhD,  Chair, Faculty  Alliance,  University  of                                                               
Alaska, testified in  support of HB 180.  She  explained that the                                                               
Faculty Alliance is the faculty  governance group and consists of                                                               
the Faculty Senates at each main  campus.  She added that Faculty                                                               
Senate terms  are for one  year and  the chair rotates  among the                                                               
campus  representatives.   She suggested  that  a four-year  term                                                               
could  be   too  onerous  considering  faculty   workload.    She                                                               
suggested that the  current board makes decisions at  a very high                                                               
organizational  level and  may lack  valuable input  from faculty                                                               
and student perspective.  She  added that faculty members work on                                                               
campus and are engaged directly  in program activities, including                                                               
curriculum.                                                                                                                     
                                                                                                                                
9:06:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  asked for an  explanation of  the activities                                                               
and recommendations made by the faculty alliance.                                                                               
                                                                                                                                
9:07:03 AM                                                                                                                    
                                                                                                                                
DR. WILLIAMS explained that the  faculty alliance meets every two                                                               
weeks for  two hours.   She added  that its  membership comprises                                                               
elected  representatives from  a  coalition  of student  leaders,                                                               
staff  alliance,  and  faculty  alliance.     She  added  that  a                                                               
presentation  is  developed for  presentation  to  the board  and                                                               
voiced  her  concern  that  the board  may  not  acknowledge  the                                                               
faculty at meetings and allow testimony.                                                                                        
                                                                                                                                
9:08:11 AM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND asked Dr. Williams  to detail the changes in UA                                                               
administration during her tenure.                                                                                               
                                                                                                                                
DR. WILLIAMS answered  that since 2011, she  had experience with:                                                               
three  deans, including  a current  interim dean;  five provosts,                                                               
the  last  three of  whom  have  been  interim provost;  and  two                                                               
presidents.   She  explained that  while  it is  not unusual  for                                                               
turnover, it is  unusual for there to be  extensive interim deans                                                               
and provosts.                                                                                                                   
                                                                                                                                
CO-CHAIR  DRUMMOND  opined   that  these  administrative  changes                                                               
reflect a state of disorder at UA.                                                                                              
                                                                                                                                
9:09:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  remarked that turnover in  administration is                                                               
typical.                                                                                                                        
                                                                                                                                
9:09:59 AM                                                                                                                    
                                                                                                                                
MAX KULBERG  testified in support of  HB 180.  He  explained that                                                               
the faculty alliance is invited  to the board meetings to provide                                                               
a  presentation.   He said  that faculty  members are  subject to                                                               
acknowledgement to  testify at board meetings  and suggested that                                                               
they  are regularly  not acknowledged  to  speak.   He said  that                                                               
during  the   most  recent  accreditation  process   of  UA,  the                                                               
Northwest Commission on Colleges  and Universities determined two                                                               
areas   for   suggested   improvement  in   order   to   maintain                                                               
accreditation.   He stated the  first was to delineate  the roles                                                               
for  chancellor and  president,  and the  second  was to  improve                                                               
shared governance.    He  stated strong support  for HB 180  as a                                                               
means  by which  UA could  improve shared  governance.   He noted                                                               
that a faculty member as  board member would provide perspectives                                                               
currently lacking from the board  discussions.  He suggested that                                                               
a quorum of seven, or a majority,  be included under HB 180 as it                                                               
is proposed  under HB 195.   He suggested reconsideration  of the                                                               
president  as  tiebreaker vote  and  recommended  instead that  a                                                               
voting member should serve as tiebreaker.                                                                                       
                                                                                                                                
9:12:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX asked  for  clarification  on the  assertion                                                               
that faculty  members do not  enjoy representation due to  a lack                                                               
of voting  privilege despite enjoying  the privilege  of speaking                                                               
to the board.                                                                                                                   
                                                                                                                                
MR. KULBERG  emphasized his primary  reason for his  testimony is                                                               
to convey the concern that faculty  do not enjoy the privilege to                                                               
vote.    He explained  that  faculty  are  invited as  guests  to                                                               
provide faculty  updates; however,  faculty are  not consistently                                                               
invited to participate  in discussions germane to  their areas of                                                               
expertise and shared knowledge.                                                                                                 
                                                                                                                                
9:14:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  asked  Mr.   Kulberg  to  provide  additional                                                               
information on nonvoting members as tiebreaker.                                                                                 
                                                                                                                                
MR.  KULBERG noted  that faculty  have  discussed and  researched                                                               
other boards and have not found  an instance where a nonvoting or                                                               
ex-officio member  [such as the  president] enjoys  the privilege                                                               
of a tiebreaker vote.   He suggested that acceptable alternatives                                                               
could include a change of  majority vote to require seven, rather                                                               
than six; the  inclusion of an additional board member  such as a                                                               
staff representative; or  the reduction in the  number of regents                                                               
when a term expires.                                                                                                            
                                                                                                                                
CO-CHAIR  DRUMMOND  reiterated  her suggestion  of  including  an                                                               
additional  student  member and  cautioned  that  adding a  staff                                                               
representative might  result in a complex  appointment procedure.                                                               
She postulated that regardless of  odd or even membership, issues                                                               
should  be   meritorious  enough  to  warrant   persuasion  to  a                                                               
consensus outcome by vote.                                                                                                      
                                                                                                                                
9:17:00 AM                                                                                                                    
                                                                                                                                
MS. CARRICK  referenced Representative Prax's  earlier discussion                                                               
regarding  the  existing  role  of   faculty  to  the  board  and                                                               
suggested that a disparity exists  between the board's perception                                                               
of faculty  role and  the faculty  perception of  the same.   She                                                               
added  that  faculty enjoys  speaking  privileges  compared to  a                                                               
member of  the general public  who would not enjoy  the privilege                                                               
of  speaking  to the  board;  however,  stakeholder feedback  has                                                               
indicated   that  the   speaking  privileges   in  practice   are                                                               
inadequate  to  that  of  voting   privileges  to  represent  the                                                               
interests of faculty to the board.                                                                                              
                                                                                                                                
9:18:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX expressed his sympathy  to the matter of non-                                                               
voting  interested party  testimony in  governance and  asked for                                                               
further clarification on what disparity exists.                                                                                 
                                                                                                                                
9:18:58 AM                                                                                                                    
                                                                                                                                
MS. CARRICK offered that while  faculty are invited to present to                                                               
the board, no certainty exists  that faculty remain fully engaged                                                               
in discussions.   In practice, faculty are not  invited to engage                                                               
consequentially   with   the   board  following   their   initial                                                               
presentation.                                                                                                                   
                                                                                                                                
9:19:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  explained  that the  configuration  of  the                                                               
meeting room in practice is  comparable to the configuration of a                                                               
hearing such as  this of the House  Education Standing Committee,                                                               
where  faculty  are invited  to  speak  yet  not engaged  in  the                                                               
discussion.                                                                                                                     
                                                                                                                                
9:20:25 AM                                                                                                                    
                                                                                                                                
STACEY LUCASON  testified in  support of HB  180.   She expressed                                                               
her  support  as a  former  student  regent  and UA  alumnus  for                                                               
consideration of  an amendment to  prescribe a two-year  term due                                                               
to workload management.   She suggested that HB 180  would aid in                                                               
compliance to  findings which  have jeopardized  accreditation of                                                               
UA  as a  whole.   She lauded  the value  of faculty  insight and                                                               
perspective as necessary to effective  governance and opined that                                                               
faculty  input  as  it  exists   is  inadequate  to  meaningfully                                                               
contribute to the  process.  She echoed  previous concerns raised                                                               
regarding  the  president  as  tiebreaker,  suggesting  that  the                                                               
conflict which  exists due to the  employer/employee relationship                                                               
between  the president  and  the board  is  insurmountable.   She                                                               
expressed  her support  for the  suggestion to  require a  seven-                                                               
member  majority vote  as  it would  reflect  a modernization  in                                                               
decision-making  and would  result  in  more consensus  necessary                                                               
when  making consequential  decisions  on controversial  matters.                                                               
She suggested  that professional  standards apply to  all members                                                               
of the board.  Recusal from  matters where a conflict exists does                                                               
occur, and faculty  would not be unduly burdened  to maintain the                                                               
same level of conduct, she said.                                                                                                
                                                                                                                                
9:23:27 AM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND asked Ms. Lucason  to describe the training and                                                               
support she received in her role as student regent.                                                                             
                                                                                                                                
MS.  LUCASON answered  that training  and support  are relatively                                                               
minimal.    She  explained  that  her  individual  experience  as                                                               
student body  president served  as an  additional benefit  to the                                                               
training  she received.   She  described  written materials  were                                                               
provided that covered matters  of confidentiality, procedure, and                                                               
calendar, among  others.  She  stated that she  also participated                                                               
in a tour of the facility.                                                                                                      
                                                                                                                                
CO-CHAIR  DRUMMOND asked  whether any  professional training  had                                                               
been provided.                                                                                                                  
                                                                                                                                
MS. LUCASON  added that she  had also  been introduced to  the UA                                                               
General Council around the time of her appointment.                                                                             
                                                                                                                                
9:25:49 AM                                                                                                                    
                                                                                                                                
LUANN  PICCARD,   Associate  Professor,  University   of  Alaska,                                                               
Anchorage,  testified in  support of  HB 180.   She  provided her                                                               
biographical  information, including  professional certification.                                                               
She  indicated that  her expertise  in  management dictates  that                                                               
diversity  of stakeholder  input is  vital to  proper governance.                                                               
She  suggested that  most public  boards and  commissions include                                                               
members qualified with subject matter  expertise.  She challenged                                                               
the committee to consider the  effectiveness of governance bodies                                                               
that  do not  include such  expertise.   She  suggested that  the                                                               
current board  composition does not require  members possess such                                                               
expertise, but the  proposed addition of a  faculty member would.                                                               
She  suggested  that the  areas  of  expertise lacking,  which  a                                                               
faculty  member  would  bring,  include  experience  in  teaching                                                               
students,  conducting   research,  knowledge   of  accreditation,                                                               
institutional  knowledge,  and  active  participation  in  shared                                                               
governance.  She  suggested that faculty perspective  is vital to                                                               
effective governance, and inclusion  of faculty would bring added                                                               
integrity to the process.                                                                                                       
                                                                                                                                
9:29:43 AM                                                                                                                    
                                                                                                                                
CO-CHAIR   STORY  recalled   that  the   sponsor  would   provide                                                               
additional information  to the committee  pertinent to  how other                                                               
state  public   universities  address   matters  of   voting  and                                                               
tiebreaking.                                                                                                                    
                                                                                                                                
9:30:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  affirmed   that  additional  testimony  and                                                               
information would be forthcoming.                                                                                               
                                                                                                                                
9:30:28 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY announced that HB 180 was held over.                                                                             

Document Name Date/Time Subjects
2020.HB 180.Bill Version U.PDF HEDC 3/6/2020 8:00:00 AM
HB 180
2020.HB 180.Sponsor.pdf HEDC 3/6/2020 8:00:00 AM
HB 180
2020.HB 180.Sectional.pdf HEDC 3/6/2020 8:00:00 AM
HB 180
HB 180 Supporting Document- UNAC Support Letter.pdf HEDC 3/6/2020 8:00:00 AM
HB 180
HB 180 Supporting Document- Intro Presentation.pdf HEDC 3/6/2020 8:00:00 AM
HB 180