Conway: Higher-education leaders violated law
The Council on Postsecondary Education violated state law when it appointed Lexington lawyer Brad Cowgill as its president without retaining a search firm and conducting a new national search for a permanent president, Attorney General Jack Conway opined.
Conway issued a 12 page opinion Thursday afternoon in response to a request from Gov. Steve Beshear, who opposed the council's decision to hire Cowgill on April 14.
In a news conference, Conway said "the council was duty bound to conduct a national search."
Cowgill, a former state budget director for Gov. Ernie Fletcher, had been the council's interim president since Sept. 1, 2007. He was appointed to that post after the council terminated an unsuccessful search for a president.
Beshear has argued that the council ignored legal requirements that the council conduct a national search and come up with a president who has an established reputation and experience in postsecondary education.
Cowgill had no experience as a postsecondary administrator before being hired as the council's interim president.
Conway stressed that the opinion does not address Cowgill's qualifications. He said he believes a new search is needed, but noted that his opinion is only advisory.
Conway declined to offer advice about what the council or Beshear should do next, but noted that Beshear has the executive authority to reorganize the council.
Beshear said he was "not surprised" by the opinion. He said he wants to review the opinion and will have a statement later in the day.
The council is the coordinating agency for the state's eight public universities and the Kentucky Community and Technical College System. Among other things, the council recommends a biennial postsecondary education budget and it sets the limits on how much the institutions can increase tuition.
Conway's opinion also identified "numerous" violations of Kentucky's Open Meetings law. He said his office could not find records of the council voting for Cowgill to serve on an interim basis.
UPDATE 4:30 p.m.: John Turner of Lebanon, chairman of the Council on Postsecondary Education, said in response to Conway’s opinion he hopes Beshear and the council can sit down and discuss their differences before any further action is taken.
“I don’t believe this is an intractable problem that can’t be solved by well-intentioned, public-spirited people talking about the issues,” Turner said. “I am convinced it can be resolved without throwing it into court.”
After Beshear asked for a legal opinion from Conway, Turner wrote to the governor and requested that Beshear meet with Turner, council member John R. Hall, the retired chairman of Ashland, Inc. and Glasgow lawyer Walter Baker, a former council member, state legislator and jurist.
Turner said he had not received a response to his letter but remains willing and hopeful about talking with Beshear.
“I’ve always been willing to talk,” Turner said. “This would be far more constructive. We agree on far more than we disagree on about postsecondary education."
Turner said he respects the governor and that the council has honored Beshear’s request that it not sign a contract with Cowgill until this dispute is resolved.
Noting that Conway's opinion is non-binding, he suggested the two parties might need to file a “friendly lawsuit” to get a binding court ruling.
Turner said that if Besher sought resignations from the entire council the members would probably not agree to do so.
“I think we owe it to the process and integrity of the independence of the council to let the process take its course,” Turner said. “Otherwise, why would any well-intentioned person serve on a board or commission?”
Two of the council's 13 seats are currently vacant.
UPDATE 4:55 p.m.: In a news conference, Beshear said he is optimistic the council will follow the law and start a new national search.
"This is not about Brad Cowgill. It's about following the law," Beshear said.
Beshear said Cowgill should be excluded from the new search, since having his name included as a candidate might discourage others from seeking the job.
Beshear also expressed concern about the alleged violations of the state's open meetings laws.
If the council doesn't start a new search, Beshear said he will look at other options. He acknowledged that disbanding the council could be one of those options, but declined to say anything further on the topic.
- Jack Brammer
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