From: Human Resources

Date: Mon, 27 Apr 2009 17:02:25 -0700

Dear Colleagues:

In the letter below, President Dave Frohnmayer has announced a meeting of the statutory faculty for next Wednesday, May 6th at 3:30pm in 150 Columbia. The meeting is open to all interested UO community members, but only statutory faculty members will be eligible to vote on the motions being considered. Statutory faculty members will be restricted to those with the title of Assistant, Associate, or Full Professor, career non-tenure track instructional faculty, and emeriti faculty who continue to assume instructional responsibilities. There will be a check-in procedure upon entering 150 Columbia, so please come with your UO Identification Card.

Sincerely,

Paul van Donkelaar
University Senate President 2008-09

Dear Colleagues:

I ask your attendance at a special meeting of University of Oregon faculty on Wednesday, May 6, 2009 from 3:30-5:00 p.m. in 150 Columbia. I include background information that is highly relevant to this meeting.

Over the coming months, the University of Oregon will initiate a remarkable period of transition. My successor as University President, Richard Lariviere, will arrive at the beginning of summer, and the new Academic Plan will be adopted formally. Pursuant to the State Board of Higher Education's Internal Management Directive (IMD), the transition must also include a review of our system of shared internal governance and revisions or modifications suitable to the new president.

We are proud of our system. But the Oregon Department of Justice (ODOJ) has issued an opinion regarding the University of Oregon's internal governance system that questions the delegation of authority in our current arrangements. In an abundance of caution and after conferring with the President of the University Senate and the Faculty Advisory Council, I have decided to call a meeting of the faculty, as we believe it is properly defined (footnote 1), to bring our system into conformity with the Department of Justice opinion. I ask you to participate in that meeting, which will serve as the precursor to a more wide-ranging conversation that reviews our current system of internal governance.

As way of background, in its opinion ODOJ considered the composition of the University Senate and University Assembly (footnote 2). Under state law, "[t]he President and the professors constitute the faculty," and the law delegates to that faculty "the immediate government and discipline" of the University (ORS 352.010). At the University of Oregon, that authority has been delegated to the University Assembly and then the University Senate. Those bodies have been composed of officers of instruction, librarians, officers of administration, classified staff, and students-a group that the Department of Justice explained is broader than "the statutory faculty." The opinion went on to recommend that the faculty take action to delegate the faculty's statutory powers to the University Senate and that the faculty take action to ratify all past acts of the University Senate.

Under the authority granted to me by Oregon Revised Statute 351.004 (footnote 3) as president of the faculty and by the State Board of Higher Education's IMD 1.123(1) (footnote 4) to convene and preside over the faculty, I have scheduled a meeting of the faculty on May 6, 2009 from 3:30 - 5:00 p.m. in 150 Columbia. The following motions will be considered:

* SF08/09-1 -- To legitimize the University Senate:

Preamble: The Department of Justice has provided an opinion (OP-6735) in response to a letter from 2007-08 University Senate President Gordon Sayre concerning the quorum and voting requirements of the University Assembly. The opinion recommends, as an important first step, that the faculty delegate the exercise of its statutory powers to the University Senate.

Whereas, the ruling of the Department of Justice (OP-6735) clearly states that this step is desirable to conduct the affairs of the present University Senate in a manner that leaves its actions free from challenge in its exercise of previously delegated authority;

Be it moved that, the statutory faculty delegates the exercise of its statutory powers to the University Senate.

* SF08/09-2 -- To ratify all past acts of the University Senate.

Preamble: The Oregon Department of Justice opinion (OP-6735) concludes that the delegation from the statutory faculty to the University Senate cannot be clearly established. To ensure that the motions and resolutions that have been passed by the University Senate carry the authority of the statutory faculty, it is prudent for the statutory faculty to ratify all of the past acts of the University Senate.

Whereas, The statutory faculty must delegate its authority to the University Senate,

And, whereas, The past acts of the University Senate should carry the full and unambiguous authority of the delegated statutory faculty,

Be it moved that, The Statutory Faculty hereby ratifies all past acts of the University Senate.

The agenda for the meeting and drafts of the motions are available for viewing on the Assembly website (footnote 5)

Given the limited time available for these important actions, and upon the advice of elected faculty leadership, the consideration of specific proposals for further restructuring of faculty governance procedures will not be in order. I intend to appoint a faculty committee to develop such procedures in consultation with President Lariviere. As time permits, a discussion as a committee of the whole might be useful to suggest the issues and contours for the faculty committee's deliberations.

These actions will be the first steps in the review process surrounding whether and how best to revise the structure of our internal governance. This process will carry on into the next academic year. I fully share the belief of faculty leadership that this review will provide an opportunity to consider important revisions. We seek to address concerns that internal governance has become less effective and more burdensome in recent years.

I encourage your active participation as we begin this important process at the University of Oregon.

Sincerely,

Dave Frohnmayer
President