CPE will conduct national search

Fox challenges her removal

By RONNIE ELLIS

FRANKFORT — The Council on Postsecondary Education will employ a search firm to conduct a national search for a new president, succeeding interim president Brad Cowgill whose last day on the job was Wednesday.

And former CPE member Virginia Fox is challenging her removal by Gov. Steve Beshear after she was not confirmed by the House of Representatives.

The council met in closed session for about an hour and 45 minutes Wednesday. When members returned, Chairman John Turner announced John Hall would chair the search committee and named CPE members Donna Moore, Lisa Osborne, Phyllis Maclin, Mark Wattier and Joe Weis and Western Kentucky University President Gary Ransdell to serve on the committee. Cowgill then announced Wednesday was his last day on the job.

Turner also read into the record a letter from Fox dated April 29, 2008, in which she said she disagrees with “conclusions of attorneys for the Council for Postsecondary Education and Gov. Beshear as to my status on the council.”

The law, which governs the CPE, requires members represent proportionately the two major political parties of Kentucky. Democratic registration is about 57 percent to 36.5 percent for Republicans (the rest are independents or other), but the council membership tilted Republican during Republican Gov. Ernie Fletcher’s administration. Fox, the former head of KET was Fletcher’s Education Secretary at one point, but she changed her registration to independent.

Fox was confirmed by the state Senate but not the House. Beshear then removed her by executive order.

In her letter, Fox said Section 93 of the state constitution “clearly states that only the consent of the Kentucky Senate may be required.” She also contended in the letter that provisions of the law setting membership eligibility violates both Section 93 of the state constitution and her rights under the 14th Amendment of the U.S. Constitution.

“I believe that I was confirmed, am still a member of the Council and that no vacancy exists for my position,” Fox stated in her letter. “Any action by the Council or the Governor to the contrary could be construed as acting under color of law to deprive me of my rights.”

Dick Brown, Beshear’s communication director, said neither the governor’s office nor that of its general counsel, Ellen Hesen, had received any notification from Fox indicating she is considering legal action. Messages left for Fox on her answering machine were not returned.

Cowgill said there was a “short discussion about extending (his interim service), but since that hasn’t worked out yet at least, let’s just assume for the moment that today is my last day.”

Afterward, Turner wouldn’t absolutely rule out some way Cowgill might continue to serve in some interim capacity, but he said “as of the end of today” Cowgill’s contract as interim president expired and Cowgill wanted to pursue other interests.

“I feel there’s genuine reason for concern as to whether we’ll be able to achieve, for example, the double the numbers goal by the deadline of 2020 unless we’re able to use the always limited resources that we have toward the highest level of production that we can achieve,” Cowgill said during his farewell remarks.

Some council members have previously said Cowgill – Fletcher’s former budget director and a former law partner of Beshear’s – could navigate the tricky waters of the legislature and understood the budgeting process. Beshear, however, objected that Cowgill did not possess a nationally acclaimed academic resume and was not chosen after a national search. Both of those appear to be requirements of the law, although it also says the council may go outside that process.

After the council hired Cowgill permanently two weeks ago, Beshear sought an attorney general’s opinion on the legality of the hire. Attorney General Jack Conway said the law requires a national search and Cowgill resigned on Tuesday after Turner met with Beshear.

Sen. Charlie Borders, R-Grayson, said Cowgill was a good hire and the subsequent controversy may set back higher education reform in Kentucky.

“If there was ever one person who could get legislative buy-in, he was the person who could do that,” Borders said Wednesday. Borders provided one of the crucial votes in 1997 for passage of House Bill 1, but he says the controversy over Cowgill and the governor’s involvement may “muddy the waters so much it may not matter who they hire.” He also expressed concern the controversy may drive potential applicants away.

Turner said he thinks Kentucky’s reform effort will still attract highly qualified applicants.

Ronnie Ellis writes for CNHI News Service and is based in Frankfort. He may be contacted by email at rellis@cnhi.com.