The Council of the Association met June 12–14, 2009, in conjunction with the Ninety-fifth Annual Meeting at the Omni Shoreham Hotel in Washington, D.C. The Council session on Saturday, June 13, ran concurrently with the annual meeting plenary session.
President Cary Nelson presided. Members of the Council (with the exceptions of Arlene Bielefield, Robert Comeau, Glenn Howze, Donna Potts, Adolph Reed, and Sheila Teahan) attended. Also attending were Council members-elect, general secretary Gary Rhoades, and other members of the national office staff. Kerry Grant served as parliamentarian.
Reports were presented by Ernst Benjamin, on behalf of Committee A on Academic Freedom and Tenure; Flo Hatcher, on behalf of the Committee on Membership; secretary-treasurer Howard Bunsis; and members of the AAUP staff.
Nelson called the meeting to order at 2:30 p.m. on June 12. He introduced the parliamentarian, the newly elected Council members in attendance, and Kathi Westcott, the Association’s new associate counsel. Nelson suggested that an item preceding the selection of the 2009 Nominating Committee be added to the agenda. He wanted the Council to interpret the changes to the election process that would be in effect for the 2010 election should the annual meeting approve relevant changes to the constitution. The Council acted to adopt the amended agenda and to approve the minutes of its November 2008 meeting.
Recommendations by Committee A
Ernst Benjamin presented Committee A’s recommendations regarding the imposition and removal of censure.
The Council concurred with Committee A’s recommendations that censure be imposed on the administrations of Cedarville University (Ohio), Nicholls State University (Louisiana), North Idaho College, and Stillman College (Alabama). It also concurred with Committee A’s recommendations that the administration of the University of New Haven be removed from the censure list and that the annual meeting grant authority to Committee A to act similarly with respect to Tulane University once final language on the stated basis for censure removal has been approved. Benjamin reported that Committee A was making no recommendation regarding censure and the administration of Olivet Nazarene University (Illinois).
Benjamin also reported that Committee A approved the publication for comment of a proposed revision of Regulation 14 of the Recommended Institutional Regulations on Academic Freedom and Tenure, which concerns graduate student employees.
Benjamin noted that, at its meeting the previous evening, the Collective Bargaining Congress approved a change in the wording of the first sentence in the final paragraph of the Association’s Statement on Collective Bargaining, cited in footnote 2 of Regulation 14, from “grounds for dismissal” to “grounds for nonrenewal or dismissal.” The Council adopted the change for both documents.
Benjamin shared a memorandum from Debra Nails, chair of the Committee on Professional Ethics, regarding a proposed revision in numbered paragraph 3 of the Association’s Statement on Professional Ethics:
As colleagues, professors have obligations that derive from common membership in the community of scholars. Professors do not discriminate against or harass colleagues. They respect and defend the free inquiry of associates, even when it leads to findings and conclusions that differ from their own. In the exchange of criticism and ideas professors show due respect for the opinions of others. Professors acknowledge academic debt and strive to be objective in their professional judgment of colleagues. Professors accept their share of faculty responsibilities for the governance of their institution.
Benjamin indicated that Committee A concurred with the new language proposed by the Committee on Professional Ethics and recommended that the Council adopt the revision. The Council did so.
Cary Nelson informed the Council that Committee A approved the creation of a new subcommittee charged with producing a report on peer review of politically controversial professors. He said Committee A also endorsed the formation of an ad hoc committee to examine the conflict between individual academic freedom and the faculty’s collective responsibility for the curriculum, particularly in multisection courses.
Benjamin discussed two recent reports. One, on academic standards at overseas institutions, is available on the Association’s Web site and appeared in the July–August 2009 issue of Academe. The second, a draft investigating committee report regarding governance issues at Antioch University and the closing of Antioch College, has been sent to the concerned parties at Antioch with an invitation for comment.
Lenore Beaky asked for an update on a revision of Freedom in the Classroom; last June, the Council was informed that the statement would be revised. Nelson indicated that a new version incorporating revisions is on the AAUP’s Web site.
General counsel Martha West noted that Committee A has approved for publication, in the November–December issue of Academe, a report from its Subcommittee on the Implications of Garcetti v. Ceballos for Academic Freedom and Shared Governance, incorporating revisions suggested by committee members.
Nelson reviewed a background memorandum he co-authored with Ellen Schrecker and Michael Bérubé on the Council’s April 7 resolution concerning the case of Professor Ward Churchill at the University of Colorado at Boulder. The Council voted to remove “confidential” from the memorandum.
Questionnaire for New Form 990
Senior counsel Rachel Levinson briefly reviewed with the Council instructions and a questionnaire for Internal Revenue Service Form 990, “Return of Organization Exempt from Income Tax.” The updated form includes governance requirements necessitating that the Association report on its 2008 Form 990 certain information concerning Council members.
Restructuring Update
Cary Nelson noted that the Association received preliminary rulings from the Internal Revenue Service on the soundness of the AAUP’s proposed restructuring but has yet to receive a response to its request for a private letter ruling.
Gary Rhoades summarized for the Council the administrative preparation taking place: the CBC Executive Committee recommended that the CBC investment fund be separated from the investment fund of what will be the new foundation arm of the Association. Chief financial officer Tess Esposito is getting estimates from investment firms that charge lower fees than our current firm. Esposito, Rachel Levinson, and associate secretary Katherine Isaac are developing a focused list of activity codes to help staff members better track their time for accounting purposes. The Council’s Executive Committee had received on June 11 a detailed memorandum from associate secretary Gwendolyn Bradley about necessary changes to our Web site and software requirements. Following restructuring, the Association will have three distinct Web sites, one for each of the new entities. Nelson asked that the Council receive the memorandum.
Dues Reform Proposal
Members of the Council had received on May 30 a dues reform proposal authored by Gary Rhoades and members of the staff. As a result of discussions at meetings of the Executive Committee, the CBC, and the Assembly of State Conferences over the two prior days, the Council amended a motion to establish a committee to study further the issue of dues reform. The amended motion reads as follows:
It is proposed that a committee of members and staff be formed to study dues simplifications with the goals of reducing dues for the new and lower-paid faculty who are the future of the Association and of ensuring a fair and progressive dues structure that positions us to maintain a dynamic organization. The committee will report to Council at the November 2009 Council meeting so that Council may bring to the 2010 annual meeting a proposal for dues simplification that explores the following approaches, among others:
1. for non–collective bargaining members, a progressive dues structure using salary bands;
2. for collective bargaining members, a salary-based dues structure using either progressive salary bands, a set percentage of members’ salaries, or a per capita dues structure;
3. the dues changes implemented by these mechanisms will be revenue-neutral at the national level and will be as revenue-neutral as possible at the conference and chapter levels; and
4. an exploration of the possibility of simplifying the process of collecting and distributing conference dues so as to facilitate organizing on the state level and the formation of new state conferences.
The Council voted to establish the joint staff and membership committee.
Report of the Secretary-Treasurer
Secretary-treasurer Howard Bunsis indicated that the 2008 audit, completed by the Association’s external auditors, Calibre, LLC, well in advance of last year’s November finish date, was favorable, with the auditors making only a few minor suggestions for improvements during their June 9 conference call with the audit committee and Tess Esposito. Bunsis said that the auditors would issue an unqualified, or “clean,” audit. The audit committee recommended to the Council that it approve the audit report; at its June 14 session, the Council so acted.
Bunsis also reported that in 2008 there was a 9 percent increase in dues income, which can be attributed to a 4 percent increase in membership, more accurate billing, and better cash-collection procedures. The Association’s total expenses were essentially unchanged between 2007 and 2008, reflecting a successful effort to keep costs under control.
Bunsis indicated that the 2009 budget submitted by Ernst Benjamin and previously approved by the Council had projected a $70,000 surplus. As of April 2009, projected revenues were already running ahead of projected expenditures by approximately $50,000. The Council approved Bunsis’s revised projection of the 2009 budget with a $103,000 surplus.
Bunsis stated that he believes the Association is turning a corner in 2009. The Association projects that revenue from operations will be greater than operating expenses. There is a large decline in outside contractor costs, particularly in outside financial services. Esposito, who joined the Association in October 2008, and her staff in the finance office have saved more than $300,000 in outside financial services costs to date by performing accounting functions in house.
Bunsis emphasized that there is still more to do. The Association needs to focus on increasing revenues, controlling expenses where possible, and building financial reserves for the future.
Recommendations of the Committee on Membership
Flo Hatcher, on behalf of the Committee on Membership, presented on June 12 the committee’s recommendations regarding the reauthorization of comprehensive dues.
She indicated that six conferences were up for reauthorization. The body voted to ratify the reauthorization recommendations as follows: the California and North Carolina conferences are to continue participation for three years at tier I (lowest dues level); the New York conference is to continue participation for three years at tier II (middle dues level); and the Georgia and Ohio conferences are to continue participation for three years at tier III (highest dues level). Hatcher also noted that during its May 11 conference call the committee voted to reauthorize the Missouri conference provisionally for participation at tier I for one year only, with renewal for the subsequent two years dependent on the submission of additional information next year. The Council concurred with the committee’s recommendations, which would be presented to the annual meeting on June 13 for its approval. Hatcher indicated on June 14 that on the previous day a quorum of the committee had received information from the Nebraska conference and was recommending that the Council reauthorize the Nebraska conference to continue participating for three years at tier II. The Council did so.
Hatcher indicated that the University of Missouri was the 2009 recipient of a Konheim Travel Grant. The grant covered the costs for two chapter members to attend the 2009 annual meeting.
2009 Nominating Committee Procedures and Members
Associate secretary Eric Combest indicated that, if the proposed changes to the elections for at-large Council candidates were approved by the annual meeting the following day, the Nominating Committee would need additional guidance for the 2010 elections, during which all nine of the at-large positions would be filled. He presented one interpretation of the terms in the following proposed language: “The Nominating Committee will nominate eighteen individuals for these nine seats at its discretion. The three with the most votes will win three-year terms; the next three top vote recipients will win two-year terms; and the next three will win one-year terms. Winners of two- and one-year terms may run again for two additional three-year consecutive terms.”
The Council approved a proposed breakdown indicating which candidates would win three-year terms, which would win two-year terms, and which would win one-year terms.
The Council then approved directing the Nominating Committee to nominate twelve to eighteen individuals for the nine at-large seats and informing the annual meeting of this interpretation.
It also approved treating one- or two-year terms as partial terms, so that individuals who win those seats may run for two subsequent full three-year terms.
Parliamentarian Kerry Grant informed the Council on June 14 that he believed it was incorrect to inform the Nominating Committee that it may nominate between twelve and eighteen members for the at-large seats. The Council reconsidered its previous action on the matter and directed the Nominating Committee to select eighteen nominees for the nine at-large positions.
Combest requested nominations of three members to the Association’s 2009 Nominating Committee. A. Frank Thompson and Vijay Nair are already members, representing the ASC and CBC, respectively. Marc Bousquet, Larry Gerber, and Patricia Bentley submitted themselves for nomination. The Council selected them.
Election of Third Member of 2009–10 Election Committee
Martin Snyder indicated that Brian Turner had offered to serve again as the third member of the 2009–10 Election Committee. The Council accepted the offer. The other two members of the committee are the general counsel (Martha West) and the chair of the Committee on Membership (Glenn Howze).
Report of the Election Committee
Martha West asked Martin Snyder, staff to the Election Committee, to report on the 2009 elections. Snyder noted that the Association’s first electronic elections were a success. Eight thousand members voted, the highest voter turnout in recent years. Voter turnout seems to have been increased by the ease of voting and by automatic weekly e-mail reminders sent to those who had not yet voted. Snyder indicated that those who voted early reported the most trouble, but the problems that arose were quickly resolved. He also noted that electronic voting made it easy for members to provide current contact information. As a result, only fifty-seven hardcopy election notices were returned with bad addresses; last year, 1,400 hard-copy ballots were returned. Electronic voting also allowed considerable cost savings. Last year, the election cost approximately $90,000, excluding staff salaries. This year, it cost $32,000.
Snyder discussed the committee’s proposed revision of the election bylaws. The revision affords an opportunity to reorganize and restructure the bylaws in a more logical format—one that tracks the actual election process. The substance of the bylaws remains essentially unchanged—except insofar as the bylaws now contain a section covering electronic elections—but the presentation is clearer. The Election Committee recommended and the Council approved the proposed revision.
The Election Committee also recommended that the Council interpret the constitution to make it clear that electronic balloting is permitted.
The Council approved interpreting the constitution’s phrase “ballots shall be mailed to all active members” to include the e-mailing of a message containing a link to the appropriate ballot.
Software Update
Associate secretary John Curtis reported that at its November 2008 meeting the Council authorized the staff to proceed to conclude an agreement with ACGI Software for a membership and cash-receipts software system. The staff (primarily Curtis, Katherine Isaac, and Tess Esposito) began a process with ACGI referred to as the “scope of work” phase, in which the staff matched the Association’s requirements with the various capabilities and components of the ACGI software and determined how best to implement the system. The Association has not yet begun the full implementation of the ACGI software or concluded an agreement to do so. Given the anticipated significant changes to the membership and dues structure, it has thus far not been determined whether proceeding with the new software will be practicable or cost effective now.
Report of the General Secretary
Gary Rhoades provided the Council with an update of his activities since he assumed his position in January. He has held individual meetings with staff members and has been traveling extensively, making visits to California, Connecticut, Illinois, and New Jersey. Rhoades has, on behalf of the Association, composed joint letters with the National Education Association and the American Federation of Teachers, and he would like to discuss joint organizing opportunities at the November Council meeting. He believes it would be beneficial for the Association to continue its work with the Coalition of Contingent Academic Labor and to work more with the Coalition of Graduate Employee Unions.
Executive Committee
Following each annual meeting, elections are held for the four at-large positions on the Executive Committee. Under current procedures, if more than eight people nominate themselves a runoff ballot must be prepared with the names of the eight people who received the most votes. Nine people nominated themselves this year. The Council decided to interpret the election procedures to mean that for the current election, of the nine people running, the four receiving the most votes would be elected.
Kerry Grant pointed out that the Council could not interpret the number “eight” stated in the election procedures to be “nine.” The Council then passed a motion interpreting its previous vote to mean that this year the four people who receive the most votes would be elected.
The Executive Committee moved to approve the minutes of its March meeting.
Recognition of Outgoing Council Members
Cary Nelson on June 14 recognized the outgoing Council members: past CBC chair Ariel Anderson, Arlene Bielefield, Rodger Govea, Glenn Howze, Adolph Reed, Patricia Simpson, and Sheila Teahan. Each was presented with or will receive a certificate of appreciation. Immediate past president Jane L. Buck was presented with a plaque in recognition of her more than twenty years of service on the Council.
Suggestions for the 2010 Annual Meeting
Flo Hatcher requested that the chair of the CBC deliver a report on the CBC’s activities. A number of Council members made suggestions about the academic freedom conference that will run concurrently with the next annual meeting. Wendy Roworth suggested that workshops be interspersed with the panels. Larry Gerber suggested that governance be a possible theme. Patricia Bentley suggested addressing issues faced by the lesbian, gay, bisexual, transgender, and queer community and said that another panel might focus on the status of librarians. Cary Nelson noted that these would both be excellent subtopics for a panel. Bentley also suggested that conference papers be placed on the Association’s Web site and that the scheduling be modified to permit Council members to attend some of the sessions.
New Business
Jacqueline Aranté moved to revisit an earlier proposal to provide Council members with a child-care subsidy. After discussion, Jeffrey Halpern moved to provide a subsidy for child and elder care of up to $200 for each child or elderly dependent, to a maximum of $600 for each Council member, for costs incurred as part of participating in the 2009 annual meeting, and the motion passed. A committee formed to investigate this issue further will propose a permanent policy at the November 2009 Council meeting.