Deborah Yetter, and Andrew Wolfson

The Courier-Journal

FRANKFORT, Ky. — The Kentucky Senate on Thursday passed a bill to abolish the University of Louisville board of trustees and create a new system of appointing its members over objections of Democrats who said Republicans were rushing through a measure that could hurt U of L's accreditation.

"Today isn't the day to decide what we should or shouldn't do," said Sen. Morgan McGarvey, a Louisville Democrat.

But Senate Bill 12 passed 25-11 largely on party lines with only one Republican, Wil Schroder of Wilder, voting against it, along with 10 Democrats.

Senate President Robert Stivers, who introduced SB12 , said it is meant to correct years of turmoil and problems at U of L and hopes the measure will pass by the end of the week. Because the bill has an emergency clause, Gov. Matt Bevin could sign it into law immediately.

"The House, I believe, along with Gov. Bevin, is in favor of passing this bill as it has come out of the Senate," Stivers said after the vote.

The bill first surfaced Thursday at an unscheduled meeting of the Senate State and Local Government Committee, a move that blindsided Democrats. The provisions involving U of L were appended to SB12, a measure related to dog ownership.

"It's a huge decision we're making," said Sen. Dorsey Ridley, D-Henderson. "I thought it was a dog bill. It turned out to be a U of L bill, which I hope is not a dog."

Sen. Denise Harper Angel, D-Louisville, added: "This is too much too soon."

It is unclear if the legislation will satisfy U of L's accreditation agency, which placed the university on probation last month, in part because of Bevin's political interference with U of L's board when he attempted last year to reorganize it.

Several Louisville Democrats voiced concerns about the impact of SB12 on U of L's accreditation.

"The accreditation is the lifeblood of any university," said Sen. Gerald Neal, a Louisville Democrat, who argued loss of accreditation could affect student financial aid, research dollars and NCAA sports.

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But Stivers argued it's essential to move fast to resolve the controversies that have surrounded U of L and its board in recent years. He said he does not believe it will affect U of L's accreditation.

"It is an extraordinary measure, but I do believe it to be an extraordinary time," he said.

Stivers, who's from Clay County in Eastern Kentucky, said he developed the bill to present to the Senate because he believed it to be his duty.

"I am the Senate president who has a statewide responsibility," he said.

The bill would allow Bevin to appoint all 10 members of a new U of L board of trustees from 30 names provided by a nominating commission, but it would make those nominations subject to confirmation by the Senate.

Stivers said that would give the Senate more authority over university board members in hopes of avoiding some of the conflict and disputes that have plagued the board.

And Stivers said he expects to introduce a bill later this session to require Senate confirmation of board members at all state universities.

Stivers said his measure is actually an attempt to get politics out of university governance, an apparent reference to U of L's current difficulties with its accreditation body, the Southern Association of Colleges and Schools. The association recently placed U of L on probation over concerns of undue political influence by Bevin and his attempt to fire the existing board without giving them due process.

Belle Wheelan, SACS' president, did not immediately respond to questions about whether the legislation would address its concerns.

In a statement Thursday morning, she said that while the legislature has the "authority and responsibility to enact legislation that is in the best interest of its residents," SACS' board "expressed concern that the actions of the governor related to removal of the entire board put the University of Louisville out of compliance with its own policy on board dismissal."

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Stiver's measure would abolish the existing U of L board as soon as the new members are in place. It calls for the new nominees to be forwarded to the governor "as soon as practicable." Current members of the U of L board would be eligible to serve on the new board.

U of L Acting Provost Dale Billingsley said in a statement that the university "appreciates the work of the General Assembly," but he added that to retain its accreditation, it must comply with the SACS principles concerning the composition and responsibilities of the board of trustees, including its selection and evaluation of the university’s president, the university’s freedom from undue external influence, and due process with appeal from the dismissal of board members."

He also said that if the legislation doesn't allow that, "the commonwealth will be adversely affected by (the) loss of the university’s accreditation."

U of L is expected to receive SACS' formal letter of probation next week, which will spell out how the university must respond to those issues and will allow it to help the General Assembly "in crafting legislation that will meet both sets of requirements in this matter," Billingsley said.

In executive orders last June, Bevin abolished the board, effectively firing its members without a hearing, and appointed a board of his own choosing. A Franklin Circuit Court judge later found Bevin had acted unconstitutionally after Attorney General Andy Beshear challenged it in court.

Bevin has appealed but Stivers said Thursday SB12 should make that legal dispute moot.

Beshear said Thursday that Bevin's "reckless actions" led to the probation and believes SB12 could cause further problems with U of L's accreditation.

While Democrats on the committee said Thursday they support efforts to address what Bevin has called dysfunction on the U of L board, they said they strongly objected to voting on a bill none had seen until Thursday with no time to take outside testimony from parties that would be affected, including U of L.

McGarvey argued for more time for a committee hearing for lawmakers to study the effect of the bill.

"I know we're moving at sort of record speed right now," McGarvey said. "This committee hasn't had time to give the bill the attention it deserves."

Contact reporter Deborah Yetter at (502)582-4228 or at dyetter@courier-journal.com.