26 June 2011

My Question for the Week (And, yes, I know that the last one was months ago)

How many administrative units and academic units does WSU currently have?  How many did it have ten years ago? -Lynn Gordon

07 June 2011

Meeting Challenges, Maintaining Priorities

On 23 May, Gregory Hooks (professor and chair, sociology) distributed a report on the budget/financial status of the university to the president, provost and members of the Faculty Senate committee on the budget.  We strongly recommend that everyone interested in the future (and immediate past) of Washington State University, not just budget issues, should read Greg's report (linked here).

Report from the Trenches: Status of Demer's Lawsuit

Professor Appeals Dismissal of Free Speech Lawsuit Against WSU Administrators
    The First Amendment does not protect college professors who criticize the quality of university programs, even if they offer, as citizens, plans to improve the program and pledge to donate $100,000 of their own money to implement them, a U.S. district court judge has ruled.
    Robert H. Whaley of Spokane, Wash., has dismissed a 2009 lawsuit filed by tenured journalism and mass communication associate professor David Demers against four Washington State University administrators.
    The lawsuit accused the administrators of fabricating evidence to discipline Demers in his annual reviews from 2006 to 2008, partly in retaliation for a “7-Step Plan” Demers created in 2007 to improve the quality of the Edward R. Murrow College of Communication professional programs. None of the programs is nationally accredited.
    Demers’ attorney, Judy Endejan of Graham & Dunn, Seattle, is filing an appeal this month with the Ninth Circuit Court of Appeals, which previously has ruled that speech similar to Demers’ is deserving of First Amendment protection.
    However, to justify his decision to dismiss the case, Whaley cited a 2006 U.S. Supreme Court (5-4) decision that overturned a Ninth Circuit decision and upheld the power of a former Los Angeles district attorney to discipline one of his subordinates who revealed that law enforcement officers had made false statements to obtain a search warrant before arresting a man. In Garcetti v. Cabellos, the court ruled that government employees have no First Amendment protection for statements made as professionals, even when they act as whistle blowers. Employees have protection only for statements made as citizens.
    Although Demers formally submitted the 7-Step Plan as a citizen, not as an employee, Whaley ruled that the plan was part of Demers’ job responsibilities. He also ruled that the quality of university programs is not a matter of public concern, another condition the Supreme Court set in Garcetti for plaintiffs to win free speech cases. And Whaley ruled that the university administrators have immunity from prosecution even if they falsely accuse faculty of violating university rules.
    Despite Whaley’s ruling, the legality of professors’ rights to criticize university administration is far from settled. On April 6, 2011, the Fourth Circuit Court of Appeals ruled that a University of North Carolina professor whose professional publications criticized administrators were protected speech even though he submitted them as part of his case for promotion (Adams v. The Trustees of UNC).
    Whaley did not mention or address the issues raised in the Adams case.
    If Whaley’s decision is upheld, it means that faculty at public universities can be disciplined for any criticism they make of university administrators. The American Association for University Professors and groups representing whistle blowers believe public employees have a right to criticize their superiors without fear of retribution, but the five members of the Supreme Court disagree. 
    Although most plaintiffs are upset when their case thrown out of court, Demers said there is a thick silver lining.
    “First, Whaley’s decision and the appeal now mean that much more attention will be given to an important, unrecognized social problem in America: the lack of legal protection for public employees and whistle blowers who draw attention to mistakes, incompetency and illegal behavior in public bureaucracies. A democratic, just society clearly needs to protect these public employees.
    “Second, the case shows that WSU administrators are more concerned about controlling their employees than in protecting their free speech rights and supporting democratic processes. Professors extol the principles of free speech and democracy in their classes, but university administrators often act in contrary or authoritarian ways. If WSU university administrators felt strongly about free speech rights, they would have fought this case on substantive grounds -- whether the evidence supported the charges -- rather than on procedural grounds.”
    Third, Demers said the most important principle is not winning the case, but fighting for First Amendment rights. “The First Amendment is a work in progress, not a fixed, unchangeable right. Courts and judges make mistakes, and cases lost now can become codified into the law in the future. I have confidence that the Supreme Court eventually will see the error of its ways. I feel good knowing that I did all I could to support First Amendment rights for government employees.”
    If Whaley’s decision is upheld by the appeals court, some legal experts say it will be the beginning of the end to shared governance at universities. Shared governance is the idea that faculty, not just administrators, have the right to participate in budgetary, administrative and curricula decisions. Demers also said that if Whaley’s decision stands, WSU administrators will ramp up their efforts to fire tenured faculty. His lawsuit revealed that administrators have quietly fired “five to 10” tenured faculty in recent years.


David Demers

03 May 2011

Another View of WSU's Financial Situation

Dr. Robert Rosenman responded to Professor Bunsis' slides before his talk on April 21st in a e-mail to his fellow faculty senators.  Since we are attempting to encourage a dialog, he has given us permission to post that e-mail here.  Given the opportunity to add to his comments here,  he chose not to.
As Chair of the Faculty Senate Budget Committee I would like to thank Gary for sharing the slides that will be the basis of the talk Howard Bunsis will give tomorrow.  They are informative and very comprehensive.  I believe they give a good review of the economic and political situation that has led to the dire circumstances facing WSU over the past few years, and likely continuing into the future. His analysis was especially useful in showing how a significant portion of the cuts from state appropriations are offset by tuition increases, assuming, of course, that the administration and regents choose to impose the full burden of allowed tuition increases on the students.  The crux of his arguments are summarized very clearly in the first bullet on slide 90:

Is there really a financial crisis at WSU? No, as WSU has solid reserves, revenues exceeding expenses, strong cash flows, and manageable debt. This conclusion is confirmed by the strong credit ratings of WSU.

Bunsis insists that WSU has room to cut administrative expenses more, possibly sparing any core academic units.  Moreover, he suggests that WSU use its reserves to balance the budget rather than further cuts, and that three are sufficient unrestricted reserves to do so .  The first point is certainly debatable, but I believe while the second point may be legally true, it may not be so in terms of implied contracts and promises made to faculty and staff who were responsible for generating much of those reserves.

The reserve situation is summarized in Slide 39:
  • Expendable net assets are the numerical sum of restricted expendable net assets and unrestricted net assets.
  • Restricted non-expendable have restrictions that prevent spending, such as contractual or donor-imposed (permanent restrictions imposed by donors)
  • Restricted expendable net assets are those that are externally imposed by creditors, grantors, contributors or laws, so that the money must be spent on that purpose. However, it is an indication of financial flexibility and freedom (money has been set aside to pay off principle).
  •  Unrestricted net assets represent the greatest financial flexibility and freedom for WSU, though the administration will claim these funds are “spoken for.” However, they are not firmly committed; if they were, the external auditors would not put them in the unrestricted category.
 My primary point of contention is whether WSU should expend the unrestricted net assets to cover any shortfall in state appropriations.  While legally the administration has the right to spend these funds in the manner suggested by Bunsis, most of these fund, I believe, face internally imposed restrictions based on promises made by the administration to the faculty and staff who were responsible for generating these reserves.  For example, I have some reserves the control of which has been promised to me by my dean because these reserves were generated by external grants I procured.  These funds will be used in the future to support my research and teaching.  There is an implied contract between me and WSU that these funds will be there for me.  While I doubt there is a legally binding agreement, there is, in my opinion, an ethically binding agreement. The dean of my college often tells me that my department, and even some individuals within my department, control more reserves than he does.  This situation exists only because he agrees to abide by promises made earlier.

Notice, please, that most of what I say here has been modified by terms like “my opinion” and “I believe” because there are no absolutes.  Like anything else, there are tradeoffs between different promises made – to me to have control over the reserves I generate, to others for continued employment, to students to try to keep tuition low.  Any choice from among the alternatives, or some compromise, has consequences for the future of WSU, and there is no easy solution.  People losing jobs is dire, but so is abrogating promises that could adversely impact incentives and productivity at WSU in the future, or raising tuition so that a college education moves beyond the ability of middle class students.  I do, however, believe that it is misleading to say that all reserves that are legally fungible can easily be spent to cover any deficit.  I see the situation as much more complex than Bunsis concludes.  The students, staff, faculty and administration at WSU deserve better, and need to work together to arrive what is best for WSU in the long run, even as we acknowledge that some individuals will be hurt.

Robert Rosenman
Professor of Economics
Chair, Faculty Senate Budget Committee 

02 May 2011

Editorial in Today's Daily Evergreen

Judy Meuth, president of the WSU-AAUP, wrote an editorial that appeared in today's Daily Evergreen:


Floyd refuses to hear AAUP claims

The WSU chapter of the American Association of University Professors agrees with President Floyd’s timeline of postponing the announcement of a budget cutting plan until fall, when faculty and students are on campus to give input to the plan. At the same time, AAUP considers the proposed budget cutting process flawed in consideration of shared governance, which is the standard procedure for universities where faculty and administrators work together to make decisions about educational operation.
At last Monday’s budget forum, Floyd stated that the university is a place for free speech and exchange of ideas. However, he refused to have a discussion of WSU financial information and alternative views on how to deal with cutbacks in state funding. He particularly rejected information from AAUP’s recent speaker Howard Bunsis, an Eastern Michigan University accounting professor and expert in higher education budgets. The president’s comment that he does not like someone from outside stirring up faculty and students ignores the fact that faculty and students have been stirred up and questioning the administration’s priorities and actions for some time. The comment also denies that the university community is fully capable of critically examining and evaluating differing information and philosophies. Varying points of view and analyses are vital in furthering discussion, critique and understanding of the full picture of WSU’s financial status, budget cuts and educational priorities. Concern about budget questions includes why the administration has made cuts to the core educational mission of the university before cutting senior administration positions. Moreover, inaccurate claims made by the administration obscure the priorities behind such decisions and exacerbate faculty and student concerns about finances. A case in point is the comment credited to Floyd in last week’s Daily Evergreen on the elimination of the Department of Theatre and Dance (4/27/11): “The reality is, my budget has been reduced, currently, a little over 30 percent in that last four years.” This statement clearly misrepresents the financial situation of WSU, because 30 percent has not been cut from the total WSU income stream, but only from the state contribution, which accounts for only one quarter of the total income stream. Therefore, the actual reduction is 30 percent of one quarter of WSU’s income. In addition to discouraging financial discussion, the administration offered no information when questioned at Monday’s forum on how it will proceed with the reorganizations of instructional units that it says will occur in its budget cutting. Curricular questions are the purview of the faculty, but what careful review by faculty will occur prior to reorganizations, realignments and relocations, potentially all of which will affect curriculum? We need a procedure by which such proposed reorganizations get a fair and open review by the Academic Affairs Committee of the Faculty Senate.
By refusing to openly discuss Bunsis’ analysis of WSU’s financial status and to make ‘transparent’ significant WSU financial information, as well as to address questions of priorities and reorganization, Floyd is obstructing shared governance. WSU-AAUP calls for an open discussion of these issues between the university community and the administration early in the fall semester. If the president believes in shared governance, as he says he does, why not promote and expand this discussion with the university community, so we can together discuss and weigh alternatives regarding curricular implications of WSU’s financial situation?

20 April 2011

Bunsis Report on the Financial State of WSU

Dr. Bunsis's (final) slides for his report on the financial state of WSU are now available at http://www.wsu.edu/~wsu-aaup/Bunsis.pdf. Whether or not you can attend his presentation on Thursday, 21 April, at 4:30, we highly recommend looking at these slides!

10 April 2011

The Financial Condition of Washington State University: Are Drastic Academic Cuts Really Necessary?


This presentation, sponsored by the Washington State University chapter of the American Association of University Professors (WSU-AAUP), will address the university's current financial status, funding, and costs to give us a better basis for discussion of how the univesity should go forward from here.  WSU-AAUP welcomes all members of the university community to this public presentation.

As a professor of accounting at Eastern Michigan University with a background in accounting and law (B.A. in Accounting from Wharton School, University of Pennsylvania; J.D. from the Fordham Law School; M.B.A. and Ph.D. in Accounting from the University of Chicago; CPA and licensed attorney), Dr. Bunsis is particularly well qualified to look at the economic situation of public universities, which operate with complex funding sources and within the constraints of state law.  He teaches graduate accounting courses in financial accounting and government accounting.  In addition, Dr. Bunsis teaches the law for nonprofit organizations as part EMU's nonprofit management program.  For more information about Dr. Bunsis, please see his bio at http://www.cob.emich.edu/include/biosTemplate.cfm?ID=1112&biosID=9.

Dr. Bunsis is currently the secretary-treasurer of the national AAUP and the chair of the Collective Bargaining Congress of the AAUP, with substantial experience in both his local AAUP chapter at Eastern Michigan University and the national AAUP.

The WSU-AAUP believes that a clear understanding of the financial status of WSU is essential to present and future plans for the university.  As faculty and members of the WSU community, if we are to contribute to that planning and participate in the governance of this university, we must understand the current financial condition of the university. 

04 March 2011

Interesting Documents from the Last General Meeting

Janelle Taylor, president of AAUP-UW in her conversation with the membership on February 16th shared several documents with us that we think are of general interest. With her permission, they are linked here:

17 February 2011

The Daily News Takes Notice

FYI: The Moscow Pullman Daily News pays attention.  In response to the WSU-AAUP press release about the numbers just released in the 2010 WSU Financial Statement, the Daily News  followed up in the 16 February 2011 edition of the paper.  It's good to see the community paying attention!

15 February 2011

GENERAL MEETING Wednesday, 16 February

Please join WSU's chapter of the American Association of University Professors in a conversation with Janelle Taylor, Associate Professor of Anthropology and President of AAUP-UW, to discuss collective bargaining efforts at the University of Washington. This conversation will initiate WSU-AAUP's commitment to learn more about collective bargaining in general and at other campuses.

Everyone is welcome to join in the conversation!

4:10-5:30 pm on Wednesday, Feb. 16, 2011
Bundy Reading Room in Avery Hall

This meeting will be teleconferenced to the Vancouver campus in VMMC 204.
This meeting will be teleconferenced to the Tricities campus in 260.


Contact: Elizabeth Siler mejia@wsu.edu

08 February 2011

Press Release from the WSU-AAUP

Press Release          February 10, 2011                Pullman, Washington

The WSU Chapter of the American Association of University Professors (WSU-AAUP) believes that a discussion of available university finances should be the next step in budget planning. In articles in the Daily News (1/20/11) and Daily Evergreen (1/25/11), President Elson Floyd and Executive Director of Planning and Budget Joan King presented views about the university’s financial status that seem inconsistent with the university’s published financial statements. The Administration’s assertions suggest that, since state allocations have decreased in the last two years, WSU is in severe financial crisis. However, the most recent financial statements suggest that the rhetoric of financial crisis may be misleading. In fact, these financial statements seem to allude to a surprisingly healthy fiscal state within the university.

The newly posted 2010 Financial Statement http://www.wsu.edu/genacct/finstat.htm reinforces WSU-AAUP’s previous assertion that overall revenue streams into the university are increasing. Although the state’s allocation to the university has decreased from 27% of total university revenues to 23% in the past 2-3 years, this decrease has been offset by increasing revenue, including tuition raises of 14% for the last two years, a period characterized by the highest student enrollment in WSU’s history. The university actually had total net assets increase by more than $70 million in each of the fiscal years 2008 and 2009, and by more than $39 million in fiscal year 2010.

The recent financial statements also appear to indicate reserves that could be used to avert program reductions and faculty/staff eliminations. Specifically, unrestricted net assets plus restricted expendable net assets totaled $144 million at the end of FY 2009 and rose to $165 million at the end of FY 2010. Unrestricted assets alone are currently in excess of $80 million. Restricted expendable net assets represent soft or non-contractual commitments for future projects. However, our understanding is that, generally, both of these categories of assets can be spent freely at the discretion of the Board of Regents.

The relationship between WSU’s financial status and budget discussions needs clarification. The Administration has sent mixed messages about the assets, whether they “can not” or “should not” be spent for certain purposes. Similarly, terms such as “targeting” of expenditures need clarification – targeting by whom, and for what? It is unclear how and when the administration’s fiscal decisions are limited by law and how and when they are limited by administrative priorities, which can change.

The WSU-AAUP Chapter’s goals are to broaden participation of the faculty in discussions of the budget and to include consideration of the overall financial health of the university in budgetary discussions and decisions, especially those that impact university instruction, curricula, academic organization, and employment. In the interest of shared governance, transparency of information, and fiduciary responsibility, the first step to clarify the financial state of the university, especially in light of the current fiscal reserves, should be an administration-sponsored, open forum.

Contact: Rich Alldredge, WSU-AAUP Member and Past President
alldredg@wsu.edu      509-592-7956      509-334-9008

28 January 2011

February 1 Meeting Cancelled

We regret that the conversation with the provost has been canceled.  We hope to reschedule at Provost Bayley's convenience.

18 January 2011

Press Release from the WSU-AAUP


1-18-11

NEWS RELEASE

Pullman, WA 

The Washington State University chapter of the American Association of University Professors wishes to highlight a major inconsistency between the grim budget projections provided by Washington State University's administration and the robust financial condition as reported in the university’s audited annual statements. Budgets are plans and projections, but financial statements report the actual financial condition of the university.

The current fiscal crisis has resulted in reduced funding for WSU by the State of Washington. However, as WSU’s audited Financial Report 2009 shows, state funding represents only 27% of the university’s income. The overall annual revenue from all income streams (tuition, grants, etc.) has, in fact, been increasing steadily for the university in recent years.  In addition, the Financial Report 2009 illustrates that WSU has approximately $144 million in reserve funds.   This information comes from the university’s most recent annual financial statements, which can be found at http://www.wsu.edu/genacct/finstat.htm. WSU's solid financial status is also attested to by a December, 2010 bond rating of Aa2 by Moody's (the third highest rating out of 23 potential ratings).  In short, WSU’s current financial condition does not appear to warrant the types of personnel and program cuts being proposed.

The Chapter believes that fiscal discussions and decisions should go beyond budget projections and consider the whole financial status of the university.  Budgets represent only part of the financial picture.  Financial statements report the actual fiscal condition of the university.  It's time to focus the fiscal discussion to consider WSU’s more complete financial state as the central administration makes plans to realign units, terminate employees, and impact students as a result of lower state funding.  This broader conversation, involving more representation from the wider university community, is vital to maintaining and growing the university’s instructional quality and educational opportunities for students of Washington State. 

Contact:  
Rich Alldredge
WSU-AAUP Member and Past President
509-335-3737
509-334-9008

16 December 2010

Open Letter to President Floyd and Provost Bayley


December 14, 2010

Dr. Elson Floyd
President
PO Box 641048
Washington State University
Pullman, WA 99164-1048

Dr. Warwick Bayly
Provost and Executive Vice President
PO Box 641046
Washington State University
Pullman, WA 99164-1046

Dear President Floyd and Provost Bayly:

The WSU-AAUP chapter has paid close attention to the current budget cut planning process and has been engaged in associated discussions regarding vision, process, and shared governance.  We want to convey to you our concerns regarding the budget cutting process.  Some of these concerns relate as well to the operation of the university at large. 

The responsibility of the faculty is the university curriculum, as is standard practice in universities across the nation.  Since many of the budget cut plan elements will impact curriculum, the faculty should have had a wide representation and approval power on the plan and on the final rendition of it.  This faculty power should be in place whether the issue in question is attributes of specific courses or policies on establishment, reorganization, and discontinuance of programs, departments, colleges, and larger programs of study.

Planning meetings regarding budgets should be public meetings to the extent of the law, and confidentiality requirements of members of any planning committees should not be made except in the cases demanded by law.  ‘Closed meetings’ and broad requirements for confidentiality from committee members stand in the way of shared governance.  Information dispersion to faculty and representation from a wide range of faculty voices should be standard practice.  On all committees whose decisions potentially affect contingent (non-tenure line) faculty members, contingent faculty should be full members of those bodies in a percentage reflective of their percentage of the university faculty. 

In the current round, after a semester of planning and a month after deans’ plans were due, the administration announced its budget plan on Dec. 3 and held a public forum on Dec. 8 on the plan.  The administration required, however, that the university community respond to the plan by Dec. 15, only a week and a half after the announcement.  Coincidentally, the final plan is also scheduled to be announced on Dec. 15.  How is it possible that university community responses will be seriously considered when they can be offered until the same date of the final announcement?  This confluence of dates makes more obvious perhaps the overall message of this short response time – that faculty, staff, and student responses were never going to be taken into account in the ‘final’ plan.  Likewise, announcing a plan and calling for responses at the end of the semester when faculty and students are deep in preparing, taking, and grading final exams and then departing from campus, is not at all conducive to a real consideration of any plan and well-developed responses.  This end-of-semester/vacation timing is a repetitive pattern for major announcements by the administration, even when not driven by state information releases.  Announcements of plans need to occur during a regular semester, not at the end of a semester/over break; more lag time is needed between the announcement and the response deadline; and the responses of the university community need to be seriously considered by the administration. 

Throughout this round of budget cut planning, ambiguous terms have led to confusion and anxiety in the university community.  There has been administrative talk of ‘everything is on the table’ when, in fact, the entire community understands that some programs are more at risk than others.  Terms such as ‘reorganization’, ‘realignment’, and ‘restructuring’ have all been used by various levels of administration, but these terms are not clearly or consistently defined, so the university community is left to wonder and worry. 

In the case of ‘reorganizations’ of programs (whatever that may be), WSU has no clear policy on what processes and conditions will be used to make decisions regarding tenure track and contingent faculty positions.  Faculty as a whole should be defining these processes, including  negotiation on moving positions, job responsibilities, retention of resources assigned to faculty, and potential rehirings in the case of terminations.

We urge that you delay the decision and announcement date for the final plan for cuts until the end of January to allow time for more input from the university community and serious administrative consideration of the responses. We ask that in any future deliberations regarding budget reductions, realignments, restructuring, or reorganizations, attention be paid to the requirements of shared governance and transparency.  We urge that the university operate within the nationally- recognized guidelines in the AAUP Redbook (http://www.aaup.org/AAUP/pubsres/policydocs/default.htm).

Sincerely,

Judy L. Meuth
President, WSU-AAUP
509-335-4383

05 December 2010

WSU-AAUP General Meeting 4:10 Wednesday, 8 December

Please come to the last general meeting of the WSU-AAUP for the fall semester. The meeting will be held at 4:10 on Wednesday, 8 December, in the Bundy Reading Room in Avery Hall. (We are trying to arrange for videoconferencing to the urban campuses. We will announce the locations as soon as we know them.)

Discussion Items on the Agenda:

  • Budget cut plans
  • Processes to be followed during the implementation of any cuts.  For example, 
    • what does AAUP propose should happen to faculty if a program is “reorganized” rather than closed. 
    • if contingent faculty are terminated and then ‘hired back’, what should be hiring criteria, etc.?
  • An accurate definition for administration the breadth of ‘curriulum’, in terms of what faculty should be able to control and/or have a voice in.
  • Ways to interact with the Senate to act on the faculty’s behalf.
  • Collective bargaining – should WSU faculty move toward unionization?
Once again, we invite all members of the WSU community.  Participation in WSU-AAUP general meetings is not restricted to members of the organization.  We would like to talk with all faculty (tenure-line or contingent (instructors, lecturers, clinicial)), students, and anyone else with an interest in the future of WSU.

17 November 2010

My Question for the Week

Can anyone tell me (in dollars--not percentages, not comparisons to the amount requested, just plain dollars) how much money the university had each year since 2001 for actual operating costs? Not money dedicated to particular research or locked into an endowed chair, money that the university could use to pay teachers, underwrite research, provide essential university services to students.

I look at the operating budget and get sums that are not coherent with the claim that WSU has lost enormous amounts from its operating budget--so I must assume (given my acceptance that no one would lie about the operating budget) that much more of the current money is locked down for specific purposes than in our prior budgets. Is there any way to get this information from any public source?

Lynn Gordon

An Interesting and Useful Article

Here is an article which should be of interest to all of us interested in the future of higher education, universities, public universities, and WSU specifically:

"A Faustian bargain: An open letter to George M Philip, President of the State University of New York At Albany" by Gregory A Petsko at http://genomebiology.com/2010/11/10/138

On edit: This is an excellent article, but it concedes as true the claim that the humanities/liberal arts are not self-supporting.  After reading this letter, also read  "The Humanities Really Do Produce a Profit" by Robert N. Watson at http://chronicle.com/article/The-Humanities-Really-Do/64740/

Lynn Gordon

Press Release: Washington State University Chapter of the American Association of University Professors Supports Efforts to Create a Sanctuary Campus

CONTACT: Professor Donna Potts (donna.potts@gmail.com), WSU Pullman Professor Elizabeth Siler (elizabethsiler@gmail.com), WSU Pullman Pr...