Politics and patronage are nothing new to the governance of ’s state By Whose universities. The conservatives now in control are raising questions about the line between setting policy and micromanaging. Authority? by Barry Yeoman

46 CAROLINA MARCH/APRIL ’18 47 ALUMNI REVIEW f a single moment could headquarters out of Chapel Hill “to Jenna A. Robinson ’05 (MA, ’12 PhD), have been coveted gifts. “No one gets to to Republicans. “I would estimate he define the political battle over remove the appearance of being more president of the Raleigh-based James G. the board unless you’re political,” says is directly responsible for more than control of the UNC System, it closely aligned with any single campus.”) Martin Center for Academic Renewal, member C. Philip Byers, a retired sheriff. $100,000 in financial support,” Tillis, who came when Thomas Fetzer, Some members described the motions as a which advocates for conservative higher “This is a political board. You have to have is now a U.S. senator, wrote in a memo to a member of the system’s sneak attack. But all motions were passed. education policies. “If you attended ties to the Legislature.” legislative leaders. Board of Governors, invoked The September showdown hinted at a meetings prior to the last five years, all That was the case when Democrats By 2014, the BOG’s new majority was the 20th-century’s leading larger change washing over the Board of you would see is a series of yes votes. It controlled the process. It was natural making its ideology felt. It capped at 15 conservative stateswoman. Governors. Since Republicans took control wasn’t clear that the board was adding that, when the Legislature changed hands percent the amount of tuition revenue It was September 2017. Fetzer, a of the Legislature in 2011, they have any real oversight to the UNC System. in 2011, the new Republican leadership that could be set aside for need-based Icorporate lobbyist, was a newcomer to incrementally appointed BOG members Now, you’ve got a board that is taking that would follow suit. financial aid, arguing that this would help the board, which is elected by the N.C. whose philosophies break sharply from oversight role seriously.” The first rounds of Republican keep tuition rates low. It launched a review General Assembly and sets policy for many of their predecessors. One person’s oversight, though, can appointments sparked bitter debate. that led to the 2015 closure of Carolina’s governing the state’s 17 public institutions Many favor running the system more be another’s micromanagement. Critics, Democratic lawmakers said their party law school’s Center on Poverty, Work and of higher learning. But he was hardly new like a business. They talk about lowering including some current and former BOG was shut out and noted that new members Opportunity. Both decisions came under to politics. He got that start in the 1980s at In his second Board of Governors’ tuition and creating a leaner system members, say the board has overstepped were overwhelmingly white and male. fire for how they could affect low-income the National Congressional Club, which meeting, Thomas Fetzer read a focused more tightly on its core functions. its role and undercut the authority of Republicans replied that these were the North Carolinians, first by limiting college raised millions of dollars for then-U.S. definition of consensus by one of “Higher education, just like health Spellings and the chancellors, often spoils of victory. “I would just remind you assistance and then by shutting down a Sen. Jesse Helms, a pugilistic opponent his heroes, the late British Prime care, is under a tremendous amount of around issues outside their expertise. of one thing,” GOP Rep. Edgar Starnes privately funded advocacy, training and of civil rights laws, HIV funding and Minister Margaret Thatcher. “The disruption,” Vice Chair Harry Smith Jr., “We are blurring the lines between said in 2013. “The Republicans won the research center. foreign aid. Fetzer later served as mayor of process of abandoning all beliefs, a business executive, said in September. policy and management,” BOG member election. We are in control.” The board’s most dramatic decision Raleigh, where he pushed for tax cuts and, principles, values and policies in “There is a tremendous amount of Joe Knott ’74 (’80 JD) warned last fall. That year, appointees included one came in 2015: It fired then-president Tom like Helms, campaigned against publicly search of something in which no one opportunity to do things quicker, smarter, “This, long term, is a recipe for chaos. … then-Democrat, hotel developer Doyle Ross ’75 (JD), a Democrat, without expla- funded art. More recently, he chaired the faster and better.” We are not equipped to run this Parrish ’76. In his response, then- nation. Members praised Ross’ tenure and believes but to which no one objects. state’s Republican Party. Board members also have vigorously institution.” House Speaker Thom Tillis pointed out insisted the move was not political; BOG Now, at his second Board of Governors’ Raging internal conflict is a long-held questioned how the University System op- The divide is among Republicans, not that Parrish had donated generously emails obtained by The News & Observer meeting, Fetzer had a message for American tradition. ...” During the erates day to day, from the size of Spellings’ along party lines (the 28-member board showed the firing was privately applauded his colleagues: The days of peaceable Constitutional Convention of 1787, staff to the role of civil rights advocacy. has one Democrat, and five are listed as by Republican politicians. consensus were over. “I wanted to read you “some states packed up and went They’ve done so in a hard-charging unaffiliated). Knott and Grainger, like If the new board was moving toward a definition of consensus from one of my home. There was anger. There was style that occasionally breaks into open most board members, are Republicans. congruence with GOP legislators, heroes,” he said, naming the late British passion. There was emotion. But look conflict. “This board is the most divided So is Bissette, the chair, and Spellings, there was still room for conflict. That prime minister Margaret Thatcher. at the result.” board that I’ve ever been on and ever who in 2017 told a TV reporter, “Let me became clear during the hiring of “ ‘Consensus: the process of abandoning seen,” businessman Frank Grainger, the manage the enterprise and let them set Ross’ replacement. Spellings, a Texan all beliefs, principles, values and policies board’s longest-serving member, said in policy.” So is former BOG Vice Chair who served as secretary of education in search of something in which no one (’82 JD) without the full board’s approval a November committee meeting. The Roger Aiken, an investment banker under President George W. Bush, was a believes but to which no one objects.’ and raise the possibility of removing the division resurfaced in January, when two who — like many others — suggests the pragmatist who helped craft the No Child “Raging internal conflict is a long-held Confederate statue for safety reasons. members criticized Bissette for writing an board is flexing its political muscle for the Left Behind Act of 2001, which passed American tradition,” Fetzer continued. “The letter exuded a weakness and op-ed column calling for the board to stay wrong reasons. Congress with bipartisan support. Her During the Constitutional Convention hand wringing that does not accurately out of both political controversies and the “Every August, in every one of those moderation on some social issues rankled of 1787, “some states packed up and went reflect the Board’s opinion,” the letter day-to-day management of the system. “A 17 campuses, parents drop their kids off,” conservatives; once, asked about the home. There was anger. There was passion. read. “We would have preferred a strong lot of us felt that there was an accusation said Aiken, who served until last year. decline of traditional two-parent families, There was emotion. But look at the result.” statement … that while our campuses have leveled at members of the board,” said “Those parents don’t really care who’s she answered, “So what?” Fetzer already had provoked some long been a hospitable forum and meeting member Marty Kotis ’91. on the Board of Governors. They want Spellings impressed Joan MacNeill, a internal conflict of his own. In August, place for the peaceful dissemination of Bissette, who has remained publicly a better life for their kids. And so, at the Republican who chaired the BOG’s search he helped draft an email scolding UNC contrasting views, lawlessness, vandalism, diplomatic about the tension, has been end of the day, I tried to ask myself, every committee. “My belief was that we were

System President and and violence will not be tolerated and franker in private. “The noose is tight- decision we made, ‘Is that in their best LEE DELPHINE BY ILLUSTRATIONS tasked to find [and] interview the best BOG Chair Lou Bissette ’68 (JD) for their will be punished to the fullest extent of ening!” the chair wrote to BOG member interest?’ I’m not the least bit interested qualified pool of candidates and to hire reaction to growing Silent Sam protests the law.” George Sywassink, in an email obtained in power for power’s stake. From that “Higher education, just like health someone who would take the university in Chapel Hill. The email, signed by 15 At that meeting, Fetzer and his allies by the news service N.C. Policy Watch, standpoint, I’m disappointed with what care, is under a tremendous amount to the next level,” said MacNeill, a retired of the board’s 28 members — including offered a series of surprise motions aimed after the Silent Sam message arrived. I’ve seen.” of disruption. There is a tremendous entrepreneur and nurse. “I believe we five of its eight newcomers — said it was at re-examining how the UNC System The discord has signaled a welcome amount of opportunity to do things accomplished that.” “wholly unacceptable” for Spellings and is governed. (One motion launched a change to some. “We are moving away By definition, political quicker, smarter, faster and better.” During the search, though, MacNeill Bissette to write to Gov. ’79 study of whether to relocate UNC System from a board that rubber-stamped,” said Seats on the Board of Governors always — Harry Smith Jr., BOG vice chair says a fellow board member informed her

48 CAROLINA MARCH/APRIL ’18 49 ALUMNI REVIEW UNC and Its Governors: Same as It Ever Was cuffles over governance go back to the founding of the University in Chapel Hill. Many of the issues sound familiar today — the role of politicians, the autonomy Sof administrators, even how to respond to unruly students. In the 1780s and ’90s, the Legislature granted the new University two revenue that legislative leaders wanted another sources: land confiscated by the state and “escheated” land that was unclaimed candidate: former BOG Chair Peter after its owners’ deaths. Those modest gifts fostered considerable resentment. D. Hans ’91, who has advised several The University’s champions, and much of its faculty, were Federalists. Their prominent Republican politicians. “They opponents, the Republicans, controlled the Legislature at the turn of the 19th made it eminently clear,” she said. “They century. Republicans disliked the University for political reasons, and the ill will were very careful that I never heard was compounded by “reports of the misbehavior of students, undoubtedly bad, directly, but it was very clear where the but grievously exaggerated,” wrote Kemp Plummer Battle (class of 1849), UNC’s message came from.” president starting in 1876, in a history of the University. That, for MacNeill, was a turning point. In 1800, the Legislature withdrew UNC’s funding mechanism and clawed back all “The search brought to a head the desire the unused escheated land. Federalists were mortified. “Alas! Alas! the Legislature of of the Legislature — certain very powerful No. Carolina about to wage war against the arts and sciences. I blush for my native elements of the Legislature — to control State!” wrote Congressman Archibald Henderson. Former Gov. William Richardson

the outcome,” she said. “When that didn’t LEE DELPHINE BY ILLUSTRATIONS Davie agreed: “The friends of science in other States regard the people of North happen, I think there was a long-term Carolina as a sort of Semi-Barbarians.” strategy to make sure they populated the “The board has way too many “Excellence is not cheap. We can’t “Every time we turn around, we see When the courts cried foul in 1805, lawmakers reached a compromise. They board with members who would carry out lobbyists and ex-politicians. You starve the University in the name a new vice president or associate returned the escheated lands to UNC — and, in exchange, claimed the power to their bidding.” never know what their agenda is.” of free tuition, or whatever, and dean for some new program. The fill seats on the University’s Board of Trustees (the precursor to today’s Board of McNeill was not reappointed in 2017; — Frank Grainger, expect our top-level institutions to scope of the [UNC System] hasn’t Governors). They forfeited that power in North Carolina’s 1868 constitution but nor was former vice chair Aiken, who BOG’s longest-serving member continue to be ranked and recognized been looked at in probably three regained it five years later and have held it ever since. Only New York’s board of had helped narrow down the candidates. nationally and internationally.” decades. Do you think education regents and the five-campus University of Minnesota board of trustees have similar “I believe there were politics behind it, — Joe Knott ’74 (’80 JD), BOG member and society has changed during that systems of pure legislative appointments. pure and simple,” Aiken said. guys need to think about funding summer period of time?” The biggest modern-day dispute came in the early 1970s. It was described by The Legislature’s top leaders, House school to help us achieve our four-year both sides as a “holy war”: how to consolidate North Carolina’s four-year public — Bob Rucho, BOG member Speaker Tim Moore ’92 and Senate graduation-rate goals,’ ” he said. “If we nationally and internationally.” institutions into a single system. Restructuring higher education meant sparring over President Pro Tempore Phil Berger, did don’t have a relationship with them, what’s Left undebated was whether reducing how much power to give the new Board of Governors, how much to insulate the not respond to requests for comment. the chance of getting extra money?” tuition would, in fact, improve student cheered for the universities, and all of a universities from political interference, and how much political and academic heft Neither did Spellings or Fetzer. outcomes — particularly now that the sudden now they’re on the board. So we’re the original university would retain. The current Board of Governors has Targeting tuition? schools cannot set aside more than 15 getting a great influx of new ideas, and I At the center of the debate were Gov. Bob Scott, who buoyantly championed numerous ties to the General Assembly. The four sequential votes at Septem- percent of their tuition revenues for need- think that’s perceived as micromanaging.” the restructuring, and Bill Friday ’48 (LLB), president of what for 40 years had been Its 28 members include five ex-lawmakers ber’s board meeting provide a rough guide based financial aid. In November, UNC Each of the ideas under study, say ad- the Consolidated University, which encompassed the original university in Chapel and five current and former lobbyists. to the new majority’s priorities. Chancellor Carol L. Folt told the board vocates, has a legitimate basis. Moving the Hill, and what now are N.C. State University and UNC-Greensboro. Friday saw the Legislators now sit in on committee meet- The first resolution pledged to “endeav- that low-cost, low-aid schools tend to have administrative offices to Raleigh, maybe need for better coordination but feared the shifting of resources away from Chapel ings, and Jane Stancill, a higher education or to reduce tuition and fees” at all UNC low graduation rates and that institutions even to a shared campus with the K-12 and Hill. The two men had clashed before, notably in 1969, when the diplomacy-minded reporter for The News & Observer, noted in System schools. “We’ve outstripped the in the UNC System face that prospect community-college headquarters, could Friday felt undercut by Scott’s decision to quell student civil rights protests with riot- an article that BOG member Tom Goolsby affordability of the average working North unless they can help poorer families more. promote the cross-fertilization of ideas. trained state police. ’91 (JD), a lobbyist and former legislator, Carolina family,” Fetzer said. “One out The other three resolutions created Dropping the expectation that chancellors The final plan, passed in 1971, represented a compromise; it did not end the “has repeatedly told his fellow board mem- of three students who leave us [do so] for committees to study various pieces of how attend all meetings would reduce unnec- conversation about governance. In 2001, the state and the Board of Governors bers that they should pay closer attention economic reasons, not academic reasons. the system is run: the staffing and purpose essary travel in an era of teleconferencing. were sued over a law setting BOG membership quotas based on sex, race and party to what the legislature wants.” Goolsby did And I think that’s a tragedy.” Applications of the system offices and its headquarters; Re-evaluating bureaucracies is standard affiliation. The lead plaintiff was Walter R. Davis, a former BOG member after whom not respond to interview requests. for admission are up significantly at three whether to move its offices to Raleigh or organizational practice. a Carolina library is named. Rather than go to trial, the Legislature rescinded the “The board has way too many lobbyists system schools — Western Carolina, Research Triangle Park; and whether “Every time we turn around, we see a quotas. and ex-politicians,” said Grainger, the Pembroke State and Elizabeth City State chancellors and their staffs need to attend new vice president or associate dean for Then, in 2006, the N.C. Center for Public Policy Research, a nonpartisan think veteran member. “You never know what — for which the Legislature mandated a every BOG meeting, as they currently do. some new program,” said Rucho, the for- tank, warned that the BOG selection process had become “highly politicized” and their agenda is.” $1,000 annual tuition in 2016. No final action has been taken on mer state senator. “The scope of the [UNC “increasingly partisan.” The center called for a hybrid system in which the governor Member Bob Rucho, a former Republi- The motion passed without audible these issues. Supporters insist there is System] hasn’t been looked at in probably and Legislature shared appointment powers. A year earlier, the conservative John can state senator and retired dentist, says nays. Before the vote, though, several nothing ideological or inappropriate about three decades. Do you think education and W. Pope Center for Higher Education Policy (the predecessor of the James G. Martin these political connections are overblown. members warned against making such a challenging long-held assumptions. “It’s society has changed during that period of Center for Academic Renewal) had called for the governor to appoint all BOG His primary obligation, he insists, is to blanket pledge. “Excellence is not cheap,” been portrayed as a bunch of folks coming time?” To be clear, it’s not uncommon for members. students, their families and taxpayers, but Knott said. “We can’t starve the University in, riding high on a steed,” said Byers, the UNC System presidents to evaluate the ad- Neither suggestion was taken. In 2017, the Legislature made one significant his closeness to lawmakers doesn’t hurt. in the name of free tuition, or whatever, retired sheriff. “No. With new members, ministration; at Spellings’ behest, the UNC change: It voted to gradually reduce the BOG’s membership from 32 to 24. (It’s now “I have a lot of friends in the Legislature and expect our top-level institutions to you have folks who have given money to Foundation commissioned a $1.1 million at 28.) The structure might be similar, but in tone, the current board is a new entity. that I can pick up the phone and say, ‘You continue to be ranked and recognized the universities, attended the universities, study of its organizational effectiveness. — Barry Yeoman

50 CAROLINA MARCH/APRIL ’18 51 ALUMNI REVIEW fans Rucho, who chairs the BOG task force, says anybody. Each one has different facts. And, he wants it to go deeper, examining wheth- sure, you may not agree with them. But all er the administration is, in fact, providing of those things were developed with a lot of the right services to the institutions. input and a lot of thought.” Critics, some of whom decline to talk Wilson and other faculty worry that the deserve the publicly, say there is a political agenda board’s actions send a signal that certain buried in the benign language of the issues are dangerous to raise on campus. resolutions. One high-ranking official “It diminishes the quality of faculty who at a system school described Rucho’s want to operate under those restraints,” task force as an effort to “disempower” she said. “If you have an interventionist best network. Spellings. Knott has described it as “a Board of Governors, it reduces the chance back door for communication” with the that you’re going to get top-flight faculty

president’s employees, “undermining her DELPHINE LEE who want to be able to come and do #1 Overall Network administrative and supervisory power.” their work unencumbered by political “You can string all those together, but machinations.” And some of those who do Performance in America Chapel Hill absorbs hits I don’t see it as part of an ideological come, she says, might “walk on eggshells.” The September board meeting lasted plan that should be regarded as an Michael Palm, associate professor of eight times in a row. two days. The four resolutions passed onslaught against anybody. Each one media and technology studies, says the on Thursday. Then, on Friday, the board has different facts. And, sure, you recruitment issue extends to graduate stripped Carolina’s law school’s Center may not agree with them. But all students, too. “In the past couple of years,” for Civil Rights of its ability to provide of those things were developed with he said, “money has been replaced by politics as the No. 1 reason that people legal representation to poor and minority a lot of input and a lot of thought.” North Carolinians. (See “Shutdown,” report that they choose not to come to — Lou Bissette ’68 (JD), BOG chair January/February 2018 Review.) UNC for a PhD in communication.” BOG members said the center was Faculty members have been at the harming taxpayers by suing government expulsion for students and termination for forefront of challenging the Board of entities, such as local school boards, over faculty after three offenses. Governors. Pushback from the Faculty racial discrimination. BOG members have courted Princeton Assembly helped moderate the free To the Board of Governors’ critics, the University legal scholar Robert George, speech policy. Last year, the assembly vote was one of several actions designed to whom calls “this also brought its concerns to the Southern silence those who believe the University’s country’s most influential conservative Association of Colleges and Schools, resources should be harnessed against Christian thinker.” George runs the which accredits Southern universities and economic and racial inequality. To that James Madison Program in American requires that governing boards be free list, they add the closure of the Center on Ideals and Institutions; board members from “undue” political influence. Poverty, Work and Opportunity — which, have visited George and hosted him in George Leef, director of research like the Center for Civil Rights, was Chapel Hill and have talked about wanting at the Martin Center, dismissed the associated with Gene Nichol, the Boyd to see a similar program here. faculty’s SACS memo as ideological Tinsley Distinguished Professor of law The sum total of the board’s actions posturing. “What is going on here is that and an outspoken critic of many North “definitely raises the possibility that the Board of Governors consists largely Carolina Republican politicians. there’s an ideology regarding whose of conservatives who are trying to exert They also cite the closure of a center at rights matter, whose comfort matters, control over the very leftist faculty and N.C. Central University that was estab- and wanting to maintain a status quo that administration,” he wrote in the National lished “to empower communities of color”; isn’t healthy or helpful for marginalized Review. “Whining to SACS that the Board the financial aid policy, which limits assis- members of the community,” said Erika is doing things that violate accreditation tance to needy families; the firing of Ross, Wilson, the Reef C. Ivey II Term Associate standards is just a desperate ploy.” who once ran a large philanthropic organi- Professor of law at UNC. But some faculty insist the times war- zation that funded social justice work; the BOG Chair Bissette, a former trustee rant forceful action. Appealing to the law-and-order approach to Silent Sam pro- at Western Carolina and Wake Forest accreditator, they say, is the only leverage testers; and a “free speech” policy, passed universities, disputes the conclusion. “You they have. in December, that sets out escalating pun- can string all those together, but I don’t ishments for disruptive protesters. The see it as part of an ideological plan that Barry Yeoman is a freelance writer based in penalties culminate in the presumption of should be regarded as an onslaught against Durham. Rankings based on the RootMetrics U.S. National RootScore® Report: 1H 2017. Tested with best commercially available smartphones on four national mobile networks across all available network types. Your experiences may vary. The RootMetrics award is not an endorsement of Verizon. Visit www.rootmetrics.com for more details.

52 CAROLINA MARCH/APRIL ’18 53 ALUMNI REVIEW

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