Secret Searches for College Presidents: Are They Good for Higher Education? A Call for a Federal Open Records Law That Applies to All Colleges That Receive Federal Funds

Inside Higher Education published an article earlier this week on the controversial career of Evan Dobelle, currently president of Westfield State University in Massachusetts.  According to Inside Higher Education, Dobelle's presidency "is now becoming tainted by a series of revelations about spending habits [at Westfield] and demands for accountability from a growing chorus of public officials, including [Massachusetts's] higher education commissioner."



Evan Dobelle, president at five colleges or universities, has a record of extravagant spending.
Photo credit: Honolulu Star Bulletin

Westfield is Dobelle's fifth college presidency.  Inside Higher Education reported that Dobelle was fired "for cause" at the University of Hawaii amid questions about alleged financial improprieties, although the Hawaii board quickly reversed its decision and reached a settlement with Dobelle that led to his departure.

Apparently, the allegations at both Hawaii and Westfield are similar--involving charges of extravagant and inappropriate spending.  Given the negative publicity around Dobelle's presidency at  the University of Hawaii, how did Dobelle manage to get two more college president's positions?

Maybe executive search firms have something to do with Dobelle's ability to get a succession of good gigs as a college president. Westfield used EFL Associates, an executive search firm, in its presidential search process that ended in the hiring of Dobelle.

Let me ask some pertinent questions. Given what was publicly known about Dobelle from his time at the University of Hawaii, how did he wind up being the top choice at Westfield? Did EFL Associates do a "due diligence" background check on Dobelle?  If so, did it report on Dobelle's time at Hawaii? 

Second, was the Westfield State University search one of those typical secret searches that executive search firms orchestrate for universities in which the candidates for an executive position are allowed to keep their applications secret?

I don't know the answers to these questions.  But if Westfield had publicly announced the names of the applicants for the president's position prior to selecting Dobelle, then anyone interested in the quality of Westfield's next chief executive could have done a Google search and found out what everyone now knows about Dobelle's time in Hawaii.

So let me make a modest suggestion for legislation that would let the sun shine on secret search processes that too many American universities employ when hiring their senior executive officers.  How about a federal law that requires every college or university that participates in the federal student loan program to comply with a Federal open records  law that will require them to publicly release the names of all applicants for any higher education executive position and to do so at least 21 days before the final hiring decision is made. .  Any college or university that refuses to comply with this open record requirement would be kicked out of the Federal student loan program.

The Westfield scandal comes on the heels of a scandal at Louisiana State University in which LSU refuses to release the names of the people who applied for the LSU's president's position.  LSU has been engaged in litigation with The Baton Rouge Advocate since last spring after it refused to comply with the newspaper's open records request.  Apparently, LSU is willing to spend thousands of dollars in attorney fees to keep its presidential search process secret. LSU selected its president, F. King Alexander, through a secret search process orchestrated by William Funk & Associates, an executive search firm located in Dallas.

It is time to clip the wings of executive search firms and force all public universities to hire their presidents and senior executives through a process that is open to public inspection.  Let's face it. The record of America's university leaders is not that good.  Too many college and university presidents make obscene salaries and spend extravagantly on travel and entertainment.  Meanwhile the cost of attending college creeps ever upward.

A secret process of hiring college presidents is not in the public interest.  Openness when hiring college presidents would serve the public much better.


References

Associated Press. State says Westfield State University President Evan Dobelle violated policy. The (Massachusetts) Republican, September 20, 2013. Accessible at: http://www.masslive.com/news/index.ssf/2013/09/state_says_mass_college_presid.html

Bruce Dunford. Spending habits, poor relations soured Dobelle's tenure at UH. Honolulu Star Bulletin, June 20, 2004. Accessible at: http://archives.starbulletin.com/2004/06/20/news/story3.html

Ry Rivard. In fifth presidency, Evan Dobelle faces many allegations that ended his fourth. Inside Higher Education, September 24, 2013.

Memo to LSU: Fire Your Lawyers, Fire Your Executive Search Firm, and Apologize to Judge Clark

When I practiced law years ago, my senior partner gave me three good pieces of advice.

1. Always comply with a court order.
2. Never hide relevant documents that are the subject of a legitimate request in civil litigation.
3. Admit your mistakes and do everything you can to repair the damage.

LSU has acted contrary to all this good advice, and it will pay the price.

Bill Funk
LSU should fire him

This morning, Judge Clark ordered the Sheriff of East Baton Rouge Parish to go to LSU and retrieve documents pertaining to LSU's search for a new president.  Judge Clark ordered LSU to make the documents available to the Baton Rouge Advocate last April. According to Judge Clark, those documents are subject to Louisiana's open records law and LSU cannot lawfully conceal them.  LSU refused to comply and has been in contempt of Judge Clark's order for about four months.

This afternoon, two sheriff's deputies went on campus to get the documents and came away empty handed. LSU claims it has no documents to turn over and that all relevant documents pertaining to its presidential search are in the hands of William Funk and Associates, an executive search firm located in Dallas.

In short, LSU has contemptuously defied Judge Clark's order, acting no doubt on the advice of its

Say you''re sorry, Bobby

attorney, Jimmy Faircloth.  And who is LSU protecting by hiding its presidential search documents?  Bill Funk and his executive search firm, whose business runs more smoothly if candidates for executive jobs can keep their identities confidential.  And you can bet your last dollar that Mr. Funk was paid handsomely to produce LSU's new president, King Alexander.

This is going to end badly for LSU. It made a huge mistake toying with Judge Clark.  What can it do to begin repairing the damage?

First, it should fire Jimmy Faircloth, who gave LSU such bad advice.

Second, it should fire Bill Funk and never again use an executive search firm that insists on secrecy in an LSU executive search.

Third, Bobby Yarborough, the chairman of the LSU Board of Supervisors, should go to Judge Clark's court without an attorney and turn over the documents Judge Clark demanded.  Then Mr. Yarborough

Oh yeah. Fire this guy too.

should personally apologize to Judge Clark, to the students of LSU and to the people of Louisiana.

Playing For Time: Who Benefits When A University Keeps Its Executive Searches Secret?

As of today, Louisiana State University has been in contempt of a court order for 115 days, incurring a fine of $500 a day for each day it is in contempt.

As I wrote in an earlier blog, The (Baton Rouge)Advocate sued LSU, seeking to get the university to comply with the Louisiana open records law and turn over the names of people who applied for the LSU president's job. Judge Janice Clark directed LSU to turn over the records almost four months ago.  LSU refused and appealed Judge Clark's order to the Louisiana Supreme Court.  The state's highest court refused to review the order.

But the litigation is not yet over. Apparently, the university is going to pursue a lengthy appeal process, hoping that a Louisiana appellate court will eventually reverse Judge Clark's order. I think this is a forlorn hope.  Ultimately, LSU will have to turn over the records

Why does LSU insist on keeping its presidential search secret?  And more importantly, who benefits from this secrecy?

Executive search firms. First, executive search firms charge tens of thousands of dollars to administer university searches for executive leaders. These firms keep a stable of potential job applicants who are happy to throw their names in the hat for a university executive job so long as their current employers don't find out.  Keeping names secret helps the search firm keep a tidy pool of job candidates on hand for the many searches they coordinate.

University executives. Second, many university presidents and senior executives--provosts, deans, etc.---are constantly on the prowl for new jobs, and they don't want their current employers to know that they are ready to jump ship if a better opportunity appears.  Undoubtedly, some of the 35 semifinalists in the LSU presidential search will be embarrassed when their names are eventually released.

Lawyers. Finally, attorneys make their fees by helping universities skirt the letter of state open records laws.  In LSU's current dispute with The Advocate, the accumulated legal fees will certainly be much larger than the fine that LSU ultimately pays.

LSU plays musical chairs with its chancellors and provosts. LSU maintains that secret executive searches are essential in order to attract the best talent. But how has that worked out for it? LSU has been plagued by a constant turnover of top leadership for the last 15 years.  The university has changed chancellors and provosts so many times that it appears like the Board of Supervisors is playing musical chairs with its executive leadership.

And of course it is the secrecy of the executive searches that enables a little gang of mobile administrators to hop, skip and jump around the United Staes, getting ever higher salaries with every move.

Yes, LSU's secrecy benefits an executive search firm; it benefits a small group of suitcase administrators; and it benefits the attorneys.  But who are the losers?  The people of Louisiana, who are paying for this charade through their taxes.

References

Editorial. 109 days in contempt. The (Baton Rouge) Advocate, September 1, 2013, p. 6B.