Auburn University Senate Meeting

October 14, 2003

3:00 p.m.

 

 

Members Absent:  John Jensen, Interim Dean, College of Agriculture; John Pritchett, Acting Provost; Martha Taylor, A&P Assembly Chair; Leanne Lamke, Steering Committee; AAES Representative; Mario Lightfoote, ACES; Werner Bergen, Animal Sciences; John Pittari, Architecture; Ted Tyson, Biosystems Engineering; James Guin, Chemical Engineering; Sridhar Krishnamurti, Communication Disorders;  Richard Good, Music; Thomas White, ROTC-Air Force.

 

Members Absent (Substitute):  Fran Kochan (Emily Melvin), Interim Dean, College of Education; Sheri Downer (T. H. Straiton), Acting Dean of Libraries; David Bransby (Charles Mitchell), Agronomy and Soils;  Gary Martin (Susan Villaume), Curriculum and Teaching; Charles Taylor (Robert E. Smith), Pharmacy Practice; Christa Slaton (Ted Becker), Political Science; Vivian Larkin (Karen Rabren), Rehabilitation and Special Education; Paul Starr (Jim Gundlach), Sociology, Anthropology, and Social Work.

 

Call to Order 

 

The meeting was called to order at 3:00 p.m. by the chair, John Mouton.

 

John Mouton, Chair of the Senate:  It is three o’clock, so I would like to call the October 14 [2003], meeting of the Auburn University Senate to order. The first business of order is the approval of the minutes.  The minutes are on the Senate Home Page.  These are the minutes from our September 9, 2003 meeting. Are there any corrections or additions?  There being none, the minutes are approved.

 

I would like to make one quick announcement.  Our Discussion and Debate Topic was held over from the last meeting, and we anticipate this being a pretty full meeting.  If we get to 4:30 p.m. and we have not gotten to the Discussion Topic, it is going to be pushed until the November meeting because lots of people have lots of things to do.  That said, the first order of business under Announcements is the President’s Office announcement, Dr. William Walker.

 

Announcements

 

William Walker, President:  I have two or three matters that I want to bring to your attention.  The first is concerning the Provost, Dr. Tom Hanley.  He should be on campus next Monday and ready to conduct business; although, he is still taking care of matters, like trying to find a place to live and all of that.  The second item concerns the SACS visit; it is scheduled for February 22 – 24, Sunday through Wednesday, and it will be chaired by Dr. John Casteen, President of the University of Virginia.  The third item has to do with the budget.  Our plans right now – Dr. Large is working on the submission of the ’04 Budget to the Board of Trustees for its November 7, 2003 meeting.  We are planning to go forward pretty much with the budget that we had worked up prior to the demise of the referendum, with the thing starting in December or January, depending on when our people can get it going on the computers.  We are still in the process of refining that recommendation to the Board, so don’t take that to the bank – but our inclination right now is to just go forward with that budget.  The problem is the 2005 Budget.  According to Drayton Nabers in Montgomery, we are looking at about a $285 million shortfall in the ‘05 Education Trust Fund income.  That is going to amount, if the percentages of our part of that carried forward – that would amount to about a little over a seven percent budget cut for us in the year ‘05.  So what we are trying to do is to anticipate how – if that were the case, how we would go about handling that.  Even a very rough calculation would show that even with a nine percent tuition increase, we still would be short on the revenues that we would need to conduct our business.  So, the ‘05 budget does seem to be problematic, but I will keep you informed of that as time passes.  I will be happy to take some questions.

 

John Mouton:  Would you go to the microphone and identify yourself please?

 

Ted Becker, substituting for Christa Slaton, Political Science:  I think the average tuition increase this year in American universities is somewhere eighteen percent. So, why do you come up with nine?

 

William Walker:  Well, that is this year.  I am talking about the ‘05 fiscal year.

 

Ted Becker:  Well, they have been going up every year. 

 

William Walker:  I am aware of that.  Over the past two years, we have increased tuition at this institution by almost thirty percent.

 

Ted Becker:  Okay.  So, that is possible that nine percent is a low ball.

  

William Walker:  Oh indeed, yeah.  Anytime that Don Large does it, it is a low ball.  [Laughter]

 

Ted Becker:  I’m relieved. 

 

William Walker:  I meant that as a compliment to Don [Large].  [Laughter]

 

Judy Sheppard, Steering Committee:  I understand that there has been a date set for SACS to examine the Bradley Report.

 

William Walker:  That report is in to the Southern Association now, and we will be getting our comments, which will be very brief, in response to it.  I am assuming that that would be considered by SACS at its December meeting.

 

Judy Sheppard:  Do you know for sure that there is some session setup in which this will be discussed?

 

William Walker:  I have no idea – SACS has not been in contact with me at all about that.

 

Conner Bailey, not a Senator:  Dr. Walker, will the Auburn University response to Mr. Bradley’s report be made available to the university community?

 

William Walker:  Most likely.  I can’t imagine that there would be anything in there that the judge would disallow. 

 

Conner Bailey:  That would imply that Mr. Bradley’s report would also be public?

 

William Walker:  No sir. That has been locked up by the judge.

 

Conner Bailey:  Is there any reason to expect that the judge might release Mr. Bradley’s report?

 

William Walker:  I have had absolutely no indication of that.

 

Conner Bailey:  Is there a reason to believe that would stay locked up?

 

William Walker:  I presume so.  Lee, do you want to …

 

John Mouton:  Please, can we get you to the microphone?

 

Lee Armstrong, General Counsel:  I’m sorry.  I would assume that the majority of the report will always be under seal, because it contains personal financial information that was received by individuals under a pledge of confidentiality.

 

John Mouton:  Thank you, Dr. Walker.  I have got several announcements.  The first one deals with the Student Behavior Policy that the Senate passed in the summer. This is the policy that we passed. [Projected on Screen]

 

AUBURN UNIVERSITY POLICY ON CLASSROOM BEHAVIOR

  § INTRODUCTION

 

            The goal of Auburn University and its faculty and students is to foster a dynamic environment of higher learning where all students develop analytical skills, learn to think critically and communicate effectively, promote inquiry, pursue knowledge, and prepare for productive careers.  Behavior in the classroom that impedes teaching and learning and creates obstacles to this goal is considered disruptive and therefore subject to sanctions.  The purpose of these sanctions is to create and protect an optimum learning experience; they should not be considered punitive, neither by the student nor instructor.  Disagreement expressed in a civil fashion, eccentricity, idiosyncrasy, and unconventional behavior are not, per se, disruptive to the classroom experience.  These sanctions are intended only to preserve the classroom as a place to pursue knowledge, exchange ideas, and share opinions in an atmosphere of tolerance.  Students have the responsibility of complying with behavioral standards.  Faculty have a professional responsibility to set reasonable limits on the expression of opinions while treating students with dignity, respect, and understanding while guiding classroom activities.

            At the classroom level, clear guidelines for behavior and early intervention are the foundation for an intellectually stimulating experience for students and instructors alike.  Instructors are encouraged to include in their syllabi guidelines for classroom behavior.  Instructors who state these guidelines early and enforce them at the first appearance of disruptive behavior prevent minor episodes of classroom misconduct from escalating into serious confrontations and help transgressors to avoid the more serious consequences of such actions.

            Examples of improper behavior in the classroom (including the virtual classroom of e-mail, chat rooms, telephony, and web activities associated with courses) may include, but are not limited to, the following:

                        •repeatedly arriving after a class has begun

                        • use of tobacco products

                        • monopolizing discussion

                        • persistent speaking out of turn

                        • distractive talking, including cell phone usage

                        • audio or video recording of classroom activities or the use of electronic devices

                          without the permission of the instructor

                        • refusal to comply with reasonable instructor directions

                        • employing insulting language or gestures

                        • verbal, psychological, or physical threats, harassment, and physical violence

 § POLICY

            1.  When confronted with disruptive, but non-threatening behavior, the instructor should issue a general word of caution to the class as a whole rather than to a particular student so as not to exacerbate the problem.

            2.  If a general caution directed to the entire class does not stop the disruptive activity, the instructor should endeavor to meet in private with the disruptive student.  The resulting discussion should include a description of the problem, the reason it is disruptive, and the consequences of continued violations of classroom behavior guidelines.

            3.  If the disruptive behavior is preventing further instruction, the instructor is authorized to ask the disruptive student to leave the class immediately for the remainder of the class session.  Removal from the classroom for more than one class period, for an extended period, or on a permanent basis normally requires the instructor to file charges of a violation of the Auburn University Discipline Code with the Vice President for Student Affairs.  The department head/chair or dean may negotiate a withdrawal from the course or a transfer of the disruptive student to a different course section or course, if, in his or her opinion, a different instructor and different classmates would defuse the situation and provide the disruptive student with a new learning opportunity.

            4.   If threats have been made or physical violence is imminent, the instructor should notify the Auburn University Department of Public Safety immediately.  The instructor should also notify the course department head/chair or dean promptly, followed by a memo to the department head/chair or dean documenting the incident and actions taken.

  Instructors and administrators are encouraged to maintain records of all disruptive incidents and any actions taken concerning them.  Nothing in this policy is intended to infringe or restrict the educational process or the academic freedom of Auburn students or instructors.

 

I won’t go through it in detail.  When it got to the Committee and to the Board, there was a change made and I am just going to put up the change.  The original proposal that we approved, said “Instructors and administrators are encouraged to maintain records of all disruptive incidents and any actions taken concerning them.  Nothing in this policy is intended to infringe or restrict the educational process or the academic freedom of Auburn students or instructors.” What the trustees dealt with was the fact that there was no mandate to maintain records of disruptive incidents – and in the discussion, the thing that came forward is that there are some issues that are not necessarily significant, and so that is how it got the word material in there.  So, this is what is being moved forward and for inclusion in the handbook.

 [The sentence “Instructors and administrators are encouraged to maintain records of all disruptive incidents and any actions taken concerning them.” was changed to “Instructors and administrators must maintain records related to all material disruptive incidents and any actions taken concerning them.”  The policy is available online at http://frontpage.auburn.edu/gradschl/public_html/policies/classroom_behavior.pdf ] I will take any comments on this, if there is any. 

 

Okay. On October 15, 2003, which is tomorrow, the Steering Committee is going to meet with the Senate Committee Chairs.  We are going to begin a review process of the activities of the various committees, the reporting of those committees, and look at the charges to the committee and begin a review process. So, that is going to start tomorrow. 

 

On October 15 and October 29, we have Steering Committee meetings. We always have a Steering Committee meeting immediately following the Senate meeting – relatively long-range planning meeting. On the [October] twenty-ninth, we will set the agenda – so people that have items that they would like on the agenda should get them to us by the twenty-ninth.  On October 20 – next week – the Rules Committee will meet, and we have received a request from Dr. Walker in regard to the Planning and Priorities Commission. [2003oct14planmemo.pdf] The Planning and Priorities Commission – what they have asked for is the faculty’s name who you send forward, should be scholars who are tenured full professors; should reflect a variety of disciplines; and should have demonstrated the capacity to think in terms that transcend their own programmatic areas and speak to the broad long-term interests of the entire university. The committee is going to be in place – it says on the next sheet, that the commission will serve for at least five years and will provide recommendations to the President for development of a five-year plan, as well as provide oversight for the implementation and ongoing assessment of this plan.  So, in the next week, actually before next Monday; those of you that are interested in serving on this committee or those of you who have a nomination; please get it to members of the Rules Committee or through Paula [Sullenger]. 

 

On October 22, there is a Handbook Revisions Committee meeting.  They have got several items that they are working on, but one of them is, I think, of the greatest interest of the faculty, and that is the faculty evaluation of tenure track faculty.  At Senate meeting, we made a decision that there needed to be some sentences put into the Handbook in regard to that issue…so, that committee is where it has been brought.  The Senate Leadership is going to meet with Provost Hanley on the [October] 21st, the day before the meeting, and make sure that we have his input if we move it forward.  The concern that has been expressed is that this spring, in fact the evaluation of tenure track faculty has to take place, and what is the status of this item in regard to the spring evaluations. So, we are working diligently to move that forward.

 

Some people in here know and some don’t, so I am going to address this – to make sure that everybody has the information that they need.  Paula and I met with Trustee Miller at his request last week.  The topics discussed were all related to the Academic Affairs Committee of the Board, and I serve on that committee. The Committee has been conducting a series of workshops, and what they are designed to do is educate the Committee but also the General Board, in regard to the academic side of the University.  I think, given the frequency and duration of the workshops that we have seen and the number of matters that there are to cover, this process is going to be ongoing for some time.  Things that we talked about – we talked in limited detail about the appropriate role of this Board Committee in regard to the governance of the University.  The current topic, of course, and the recent workshop that we are midway through, is Core Curriculum; we had some discussion with that and tried to identify some faculty who are the most knowledgeable about Core Curriculum to be involved in that discussion.  I informed Mr. Miller, in a reasonable level of detail, about the promotion and tenure process and scholarly achievements and Instruction Research and Outreach, as well as how appointments were made and how they vary across the campus; hoping to give him some flavor of the variance of what individually, several of us do.  We also talked about what I call faculty gratification and their work and positions – and what it is that faculty are interested in and why they choose this as a profession and what sustained us.  We had some discussion about admissions and enrollment and the data in that regard.  Mostly we responded to his inquiries; things that he was interested in knowing about and hopefully we did some good for the faculty and for the institution. So that was what we recently did. 

 

Item (B) under Information Items, is a response to a request for information regarding the joint AUM/AU Committee.  I had also been asked by some faculty to comment regarding the call for a special meeting of the Senate and my decisions in that regard, which some think may have influenced the resolution that we saw come forward last week.  On the 25th of September, I received a request to call a special meeting of the Senate to consider the resolution that is on the agenda today.  On that day, I received the requests, eight additional messages from six faculty, and there was six faculty supporting the call. The next day, I received fifteen additional messages, seven supporting the call.  I did not really receive any additional messages after that, and I did not hear back from Dr. Mullen, after my response to him.  However, if you look at this – [Projected on Screen]

Article 4: Procedures

Section 1. Executive Committee: The Executive Committee is the standing committee of the University Faculty and shall consist of the current officers of the University Faculty. The committee shall make a continuous study of the affairs of the University Faculty, shall receive suggestions from the membership, and shall assist the chair in preparing the agenda for University Faculty meetings.

Section 2. Meetings: There shall be a meeting of the University Faculty during the fall semester and another during the spring semester. Notice of regularly scheduled meetings along with the agenda shall be sent to the members at least 15 days prior to the meeting date. Special meetings may be called by the Executive Committee and shall be called on written petition of 50 or more members. At least seven days' notice must be given to the membership for special meetings. It is understood that the prior notice is not required for emergency meetings called by the President of the University and that the officers of the University Faculty shall assist in informing members of such meetings.

If it is a Faculty Meeting; it says, “Special meetings may be called by the Executive Committee and shall be called upon the written petition of 50 or more members” and on the Senate … [Projected on Screen]

Article 5: Procedures

Section 1. Meetings: The Senate shall have one regular meeting each month during the months of September through July, except December, as scheduled by the Rules Committee. These regular meetings should be scheduled a year in advance and must be scheduled at least 30 days in advance. Special meetings may be called by the chair of the Senate at the request of the Steering Committee or the Rules Committee. A special meeting shall be called by the chair within seven days after receiving a petition signed by at least 40 percent of the members of the Senate. Notice listing the agenda shall be sent by the chair or secretary at least 48 hours before each meeting.

It says that “Special meetings may be called by the Chair of the Senate at the request of the Steering Committee or the Rules Committee or after receiving a petition signed by at least forty percent of the members of the Senate,” which I think is thirty-six…and none of those things happened…so I didn’t call the meeting and so for those faculty that were looking for information on that; that is this status on it.  With that, I will open it up to questions. 

 

Conner Bailey:  The Commission that is being proposed or established, I would like to hear a little bit more about the charge to that Commission.  It appears, if we are talking about not only coming up with some priorities, but overseeing their implementation that those who might find themselves on that Commission are likely in fact to have a long tenure.  I noticed under the Deans, very fine print from where I was sitting, that it was a two-year term, and I didn’t see any term limits for the others.  I would like to know how this Commission may differ from or not differ from the last great commission that we had on this campus that Dr. Walker served on, and a little bit more on the background and term of this Commission.

 

John Mouton:  Well, and I will tell you what I know about it and then if Dr. Walker has something to add, he can.  The charge says that “this group will assess Auburn’s position among the regional and national institutions; develop and prioritize rational and measurable strategic goals for the next five years; moving Auburn forward to peer institutions; provide a means of addressing additional emerging priorities during that five-year period; develop a financial plan to achieve the strategic goal; develop procedures for monitoring and assessing progress towards these goals; and report regularly to the President on the above matter.”  The composition of the Committee is that there is a Steering Group and Resource Group. The active group is the Steering Group.  It is chaired by the Provost, Tom Hanley, and includes Executive Vice President, Don Large; Vice President for Research, Michael Moriarty; Vice President for Outreach, David Wilson; Vice President for Student Affairs, Wes William; a Dean to be selected by the President from a list of nominated deans two-years, and five distinguished faculty selected by the President from the list of nine nominated by the Senate – which we brought this to the Rules Committee – and then where it says the membership, it says that “The Commission will serve for at least five years and will provide  recommendations to the President for development of a five-year plan as well as provide oversight for the implementation and the ongoing assessment of the plan.” So, the faculty that we have talked to that have been nominated, we are asking them to look forward to a five-year appointment on this Commission.  Anybody else, please.

 

Virginia O’Leary, Senator, Psychology:  I have two questions regarding the new joint AUM/AU Committee to investigate the allegations concerning efforts to change academic grades, and…

 

John Mouton: Virginia, if I could interrupt you; that is the Information Item (B), and I think there may be other questions.  Can I ask you to hold your questions for that please?

 

Virginia O’Leary:  Certainly.

 

John Mouton:  Anybody else?  Okay. The next item is an Action Item, and Bill Gale from the Academic Computing Committee is going to bring forward recommendations regarding the purchase agreement.  Bill.

 

Action Item

 

Bill Gale, Academic Computing Committee:  Good afternoon, folks; John, thank you. What I am going to report this afternoon, are the recommendations of the Academic Computing Committee as a whole.  I would, however, emphasize right at the outset that these aren’t necessarily the unanimous recommendations of everybody on the Committee.  There is some degree of disagreement about these.  I think that some members of the Committee felt that we should have gone further than we did.  So, please bear in mind, I think that this accurately represents the views of the majority of the Committee members, but please don’t take this as necessarily representing the views of everybody on the Committee.  It would be very remiss of me if I gave that impression.  I am speaking for the Committee, but I am not the Committee chair.  Okay.  Well, this one arose out of concerns on the part of the faculty regarding the computer contract which was awarded recently to GovConnection, and that really drove a lot of discussion amongst the faculty, a lot of discussion from the faculty and administration, and ultimately the Academic Computing Committee was given the charge of coming up with a report for the Senate to discuss what we as a committee thought should happen.  One thing that I would like to stress is that my purpose here is not to provide a history of the policy for two reasons.  Firstly, I think it is much more important to say that we are where we are now and to look forward to what we can do to make things better; and secondly I am not sure that having come into this process relatively late in the day that I am necessarily the best person to provide a history of this.  So, with an emphasis on fixing things – we really see this as being a two-step process.  The first step is a quick-fix to find a way that makes most people at least reasonably comfortable with living with the present contract, which the University is obligated to, and we also are looking into a longer term solution to possibly find a better way of doing things in the future that makes the process a little smoother for everyone. 

 

Well, the first issue here is that by default, you have to order a computer through the GovConnection Contract.  If you are to order a computer via any other means, then according to the information put out by Purchasing, then we need to provide sufficient justification for what legally justifies an off-contract order.  We as a committee would like to see a clear definition of what sufficient justification is.  This would be good for the faculty, because it allows them to get their special needs addressed, and we also feel that this would be good for Purchasing, because perhaps it would stop them from being bombarded with frivolous additions by gadget-freaks, such as myself. One of the things that we would really like to do is to have a clear identification of who the key people are in the approvals process and make sure that the right people are doing the approvals.  We feel that we need an appeals procedure, in the event that an off-contract request is turned down that is both clear and also streamlined, recognizing that many technology purchases are of course, time-sensitive.  Basically, we want to know who to address our requests to, is what it amounts to.  Well, here is the process that we came up with.  We tried to make this as simple and as short as we possibly can.  ACC Purch Policy Sen#7BEA6D.pdf  If you are going to order from the GovConnection Contract, none of what I am showing you applies; this is only an issue, if there is a request to order off of the contract. 

 

Well, initially, this has to go through Purchasing; it is as simple as that.  They are the arbiters of what we can and cannot buy legally on this campus.  If purchasing goes ahead and approves, then under the existing policy, the order gets placed, and we don’t see any reason to change that.  If everybody is happy, there is a non-issue.  The issue arises on the branch that goes out to the right, which is if Purchasing feels that this request is not reasonable and denies the request.  Now, rather than just bouncing this back to the faculty member with “no” stamped on it; what we would like to see, is these going to the director of IT for a review and a technical review.  We would like these things reviewed by someone who has the necessary technical knowledge to decide whether this is a serious and necessary request or whether this is a frivolous request which would not satisfy the demands of the law.  We feel that it is very important, given that we have a very large campus and it would be very unfair to expect any one person, however talented, to know about the needs of every single faculty member on this campus and our diverse needs.  We feel that it is very important that the IT Director seeks input from the relevant distributed IT coordinator.  Most units on this campus have their own IT people, and there is a Distributed IT Committee; we would like to see those people providing input on requests that come from their area.  We feel that this is the best way of making sure that requests are viewed fairly.  In the event that the IT Director, and going back and for, we hope in detail, with the relevant IT Coordinator – feels that this is a reasonable request; then it would go back and be approved and the order would be filled.  In the event that this is decided to be a frivolous request, then the request would clearly have to be denied.  We feel that this is a simple and straight-forward structure that doesn’t have a lot of extra legs.  It would place a significant burden on the IT Director. I have to say this – this is going to end up being a lot of work for whoever sits in the pink part of this chart. 

 

Now, something that we would like to see is community involvement in this whole process.  We feel that it is very important that the user community has input into this process.  If we want faculty to buy into this, as opposed to being coerced into the present situation, recognizing of course that we have to satisfy all of all the demands of the law; both the letter and the spirit, we feel that consulting you as the Community as very important.  Particularly we would like to see this happen when the current bid expires, and this is re-bid. We would like to see consultation with end-users, and a rather diverse group of end-users, throughout the future bid process.  We would like to see involvement in the development of the bid specifications; in the evaluation of the bids; and we would also like to draw an expertise which exists close to end-users and could represent end-users as a group – which means that we would like to see the distributed IT managers being fully involved in this process.  Something else that we hope will be explored – we accept that this is too late for the present time and this can’t be done at present – is that there is a possibility of entering into joint purchasing agreements with other universities in the state and that might provide an avenue towards reasonably and legally award-making to multiple vendors.  We would like to see that explored.  As far as I am concerned, speaking personally, competition is a great thing.  We really would like to have our choice of vending machines, if you will pardon the pun – sorry.  One of the things that came up when this went to a Senate Steering Committee; is that this is a moving target; technology changes, technology needs change, and we would like to see this reviewed on a regular basis.  Essentially, we feel that twice a year would be a reasonable kind of duration for that review.  Now, one question that comes to mind – I have received a lot of e-mail regarding this – there has been a lot of discussion on the ACC and elsewhere.  There have been some concerns expressed that this is all too mild and that we should have taken a more firm position.  With every understanding of the frustrations of the people who’ve made that point – this is a compromise. This is not perhaps everything that one might have wished for; however, even the Genie’s of the world get frustrated of technology sometimes.  The reason for seeking compromise is that the present positions are very polarized between the faculty group and the people associated on the Purchasing side.  We think that if this process is ever going to work together, we have got to stop extracting each other computational entrails and try and learn to work together.  Our demonstrating the willingness to compromise is our half of establishing a working relationship which avoids, hopefully, a repeat of this whole unfortunate affair.  This is an Action Item and we are putting forward a motion.  That motion is that the Senate support implementation of the Academic Computing Committee recommendations on the Computer Purchasing Policy.  Fire away please, folks. 

 

John Mouton: The motion does not require a second because it has come from a Committee, so we will open it up to discussion.  Please.

 

Paul Schmidt, Senator for Mathematics:  I see one problem with the suggested appeals process.  The problem with that is that there is no faculty involvement in the entire process.  The requests that are denied by Purchasing are forwarded to Rich Burnett, who is the OIT Director, and he has the final word.  There is no faculty involvement whatsoever.  I would be much more comfortable with these recommendations if you would replace the word “OIT Director” with Academic Computing Committee.  That is a committee, and you are on the Committee, and you are making the recommendations. Rich Burnett is an Ex-officio member of that committee and the Committee could really well rely on his expertise in making the final decision, but it would give faculty members a voice in this appeals process.  So, I would propose an amendment to these recommendations; essentially replacing the word “OIT” by “ACC” (Academic Computing Committee).

 

Bill Gale:  How do we handle that – because that was an amendment?

 

Unknown Speaker [Not at Microphone]:  Inaudible.

 

John Mouton:  We need a motion to amend.

 

Unknown Speaker [Not at Microphone]:  Inaudible.

 

Bill Gale: Okay.  Sure.

 

Unknown Speaker [Not at Microphone]:  I second the motion.

 

John Mouton:  Okay – the discussion is now on the motion to amend.  Is there any discussion on the motion to amend?

 

Bill Gale:   Is this something that I can respond to? How does this work, John?

 

John Mouton:  I think you can respond.

 

Bill Gale:  Let me perhaps explain – I will intentionally take a neutral stance on the motion and not speak either for or against.  But let me explain the mindset which led to this.  There were some people on the Committee who really felt that we really should do exactly what you have proposed, and I am glad that this point is being raised, because this was something that the Committee members felt should happen.  The concern ultimately driving this – is in an ideal world, yes, I would like to see faculty involvement too – but I think that given that we are starting to get close to what looks to my mind, like trench warfare.  I think that was something which we felt we would just have to give up if there was any hope that any of this would be accepted by the people who would have to implement this – namely the Director of Purchasing and the people in that part of the administration.  We felt that this was something of a climate of misunderstanding, and that this was – and I am sure that this is unfortunate, and I think we are dealing with good people who can work together.  We were just concerned that if we did that it would be misunderstood by the people who have to implement this as a – I want to say, almost a slap and a threat – and we thought that in the circumstances, it is probably safer not to, because we were concerned that if we did, we might lose the whole package.  That is ultimately what drove our decision.  Yes, in an ideal world, it would have been very good to see faculty involvement, but this was part of the compromise which I mentioned.  Whether that was a good thing or not – the reason I am not going to say “aye” or “nay” – is that it is for the Senate to decide whether that is a good thing or not, but that was our thinking and you must decide whether this was a good call or a bad one.

 

John Mouton:  Does anyone else want to speak on the motion to amend.  Please.

 

Kathryn Flynn, School of Forestry and Wildlife Sciences:  I will say up front that I am a Mac user so this really doesn’t really affect me.

 

Bill Gale:  Me too.

 

Kathryn Flynn:  Good.  I just feel sort of bad when I admit that to my technophiles, but the question that I have is – is the IT Director tenured?  Because if he is not, it seems to me that this thing kind of went through quickly – and if there is a lack of trust – is he protected if he doesn’t toe the line – if there is a line that is supposed to be toed?  It seems like it leaves him in a really awkward position with no protection, job security, or anything like that.

 

Bill Gale: Correct me if I am wrong, but I believe that is an A&P position and not a tenured faculty position. So, what you say is perfectly true.  The individual would be very much in the hot seat.  It would not be easy – and whoever takes this on is going to have an earful.  I’m just being frank with you.  It won’t be easy.  But for the reasons that I explained earlier, that is why we went down this road.  I’m not trying to hide the difficulties.  It would be very, very difficult for that person.  The number of people that are going to be complaining about the decisions are going to vastly outnumber the person who is going to be making them.  

 

John Mouton:  The Committee currently has non-tenured faculty.

 

Bill Gale:  I might add that one other thing that is the reason that I am making this presentation, is we have some non-tenured faculty on – John thought it would be a good idea to say this – we have some non-tenured faculty – these are faculty but tenure track faculty on our committee, and I am a tenured full professor – so I am here because I am relatively bullet-resistant, shall we say.  So, yes, I am sensitive to what you say, but my earlier explanation still stands. 

 

Renée Middleton, Counseling and Counseling Psychology:   Didn’t you have in your diagram there, where you were saying that the IT person is not making this decision in isolation, but that they were consulting with IT people in the different colleges, I thought?

 

Bill Gale: Yes.  That is correct – which most colleges have.

 

Renée Middleton:  I don’t know about other colleges. In our college, that person would be a faculty member, and I think as long as he is not making these decisions on his own but is consulting with the designated people in the various colleges, and I think that at that point, that consultation, we should make sure that faculty members are a part of that process – one way or the other, whatever mechanism works within each college; I think that gets us at “both/and” and not at “either/or.”  

 

Bill Gale: The answer to that is quite college specific.  It depends on the college.  Let me try and explain the process as I understand it.  It would be better if one of those IT coordinators or IT Director gives you a definitive answer, but here is how I understand the process. 

 

You have a director of IT, then a Distributed IT Committee.  Some of the individuals on that committee are non-tenured full-time staff.  Some colleges have very heavy computer needs and have full-time staff people who do that job – so they are non-tenured individuals.  In other cases, as you say, in some of the smaller colleges or schools or some of the colleges or schools which aren’t quite so computationally intensive as some of the others; there it would often be a faculty member.   As far as I am aware, that committee, that Distributed IT Coordinators Committee, would get you a mixture.  So, I am not absolutely sure who is a member of that from every single unit on the campus.  

 

Renée Middleton:   I’m just thinking that in a college, if that IT person …

 

John Mouton:  Please go to the microphone.  I’m sorry, but it is the only way that we can get it on the record.

 

Renée  Middleton:  In the different colleges, and I am just conceptualizing, if that IT person is not a faculty member, then it seems to me for the purpose of this process, that IT person would get a subcommittee of people, including themselves, to look at these requests and come to a decision.

 

Bill Gale:  There was no reason that individual IT Coordinators wouldn’t have the discretion to do that.  I certainly, as an individual, would say that would be a very healthy thing. But it depends – but the situation in different colleges regarding IT is so different; it is very difficult to just make that a hard and fast rule for everybody.  But I imagine that in most colleges that would most likely be what would happen.

 

John Mouton:  Please.

 

Paul Schmidt:   As you have said, the situation is very different in different colleges.  As far as I know, we have only one person in COSAM who qualifies as a Distributed IT Manager – and that person is certainly not a faculty member; neither tenured nor tenure track.  So, consultation with the OIT Director and the Distributed IT Managers, if there are any, is not a substitute for faculty input.  I believe that the Academic Computing Committee is a group of people, including OIT people, including Rich Burnett as an Ex-officio member, and including cognizant faculty from all over campus, who would be in an ideal position to judge these cases that are offered – in dubious merit.  Therefore, I think that we should amend the recommendation according to my motion.

 

Bill Gale: I think what Paul says –he’s certainly correct in terms of that group is not entirely, by any means, a faculty group – it’s a mixture of faculty and professional staff, I think, is my reading of the situation.  But if anybody knows anything different, please tell me.    

 

John Mouton:  Do we have any other comments?  Please.

 

Unknown Speaker:   Can we modify that motion?

 

John Mouton:  Please – identify yourself.

 

Sadik Tunzun, Entomology and Plant Pathology Senator:  Can we make that motion a little bit different?  The IT people will contact with the IT people in the colleges and also with the Committee in making decisions?

 

John Mouton:  We are going to vote on this amendment, and then we will make a decision on the motion for the amendment as it is stated and then if somebody wants to modify that, we can.

 

Sadik Tunzun:  Okay.

 

John Mouton:  Anybody else, please? Okay.

 

Bill Gale:  John, can…

 

John Mouton:  As I understand the motion, we would move to paragraph 2C – when it says “Purchasing forwards rejected request to the Academic Computing Committee” – paragraph D – I think this would change to ACC representatives either approves or requests clarifications of IT needs from the faculty member’s Distributed IT Manager.  After this review, ACC makes a final recommendation to Purchasing regarding the purchase of outside contract agreement.  Purchasing processes or rejects the purchasing requests based on ACC recommendation – (e.g. if ACC recommends processing the request, Purchasing does so; if ACC recommends denying the request, the request is denied.) Faculty not having a Distributed IT Manager in their college should utilize OIT expertise in this process.  So, as I understand it, Paula, please…

 

Paula Sullenger, Secretary of the Senate:  I just heard some discussion, and I think this is the gist of it – I would like to speak against the amendment, and if the amendments fail, then I will come back and propose that we add a section E, that any appeals to the IT process will go to the Academic Computing Committee – rather than the first time everything going to it. 

 

Bill Gale [Not at Microphone]: That would be if the motion passed.

 

John Mouton: So, what I would like to do – please.

 

Tom Williams, Naval ROTC:  Are we voting to amend the motion that is on the floor?

 

John Mouton:  That is correct.

 

Tom Williams:  Well, this is not the motion on the floor.

 

John Mouton:  This is the motion that is on floor – the presentation was electronic, but this is actually the document that was put out as a motion.

 

Paula Sullenger:  Actually, no, no. Thank you, Mr. Williams.  The motion was to approve or to endorse the recommendations. So, no, we can’t be talking about this because the motion is only about – isn’t that correct?

 

Audience:  Confused discussion [Inaudible].

 

Paula Sullenger:  No, the motion is…

 

John Mouton:  The motion is what you [Bill Gale] pull up off of your computer – go back to your computer. 

 

Paula Sullenger:  The motion is – the Senate supports implementation that the Academic Computing Committee’s recommendations on the Computer Purchasing Policy.  That is the only motion for discussion.

 

Audience:  Argumentative discussion [Inaudible].

 

Paula Sullenger:  But we are not amending the motion.

 

John Mouton:  We are amending the text.

 

Paula Sullenger:   We can only vote – amend and vote on the motion.  The document is not the motion.

 

Bill Gale:  Can I make a suggestion?  I think that it might be best if I [Inaudible].  I assume that there will be the possibility of amending the motion to say that instead of the motion saying – you could request that the motion be amended from “the Senate supports the implementation of ACC recommendations, etc., etc., etc.,” to “the Senate supports the implementation of ACC recommendations, but would like to see some changes” and ask this to go back to the ACC for review.  Would that satisfy the Senate’s rules?  No. I am only trying to help folks – [Laughter] – I just want people to be heard, that’s all.

 

John Mouton:  Paula, please – get us out of this.

 

Paula Sullenger:  There is a motion on the floor, and that is what we are supposed to be discussing. 

 

John Mouton:  So, we are going to call for a vote on this motion and if it fails, then we can have further discussion or do something else. No?

 

Tommy Smith, Human Development and Family Studies [Not at Microphone]: You could withdraw the original motion – then you could talk about Paul’s.  But Paul seems to think that it would be his [Inaudible] – because you can’t accept friendly amendment for the Committee – you don’t represent the whole committee.  His motion would be to send it back to the Committee to consider his idea to come back to the Senate.

 

John Mouton:  Would you withdraw your resolution?

 

Bill Gale: Well, in those circumstances, I will be happy to withdraw the resolution so that we can consider Paul’s amended amendment.

 

Tommy Smith [Not at Microphone]:  So, if this passes, then it is a recommendation to go back to that committee to consider whether they will change it and bring it back to us [Inaudible].

 

Bill Gale:  We can’t do that?

 

Virginia O’Leary [Not at Microphone]: [Inaudible] … it prevents the body from making an amendment and passing it on the floor.

 

John Mouton:  But I would like to ask, is that if we can – Paula – can we [Inaudible]?

 

Paula Sullenger:  Is the Academic Computing Committee amenable to some of the changes that have been suggested?  Can we take it on faith that if we approve this motion then the Academic Computing Committee …No?

 

John Mouton:  Paula, let’s send it back to the Committee.

 

Paula Sullenger: Okay,  I think that would be the best…

 

Bill Gale [Not at Microphone]:  I would like to have some idea whether this amendment has the support of the Senate.

 

Audience:  Discussion [Inaudible].

 

John Mouton:  Okay.  Let’s everybody settle down for just a second, please.  We have got somebody at the microphone here to speak – if you would go to the microphone, please.

 

Missy Josephson, Anatomy, Physiology, and Pharmacology:  We can short-circuit the sending it back to Committee, I would think, if we can add – at each amendment that is going to come up – it becomes – the Senate supports implementation of the ACC recommendation with the following changes, and the first change proposed is about having faculty involvement.  If all of them fail, then send it back to the Committee – but at least we might kill two birds with one stone. 

 

Paula Sullenger: Yes, that sounds possible …

 

Cindy Brunner, Pathobiology:  I had a point of information.  There are other suggestions that have been offered that are unrelated to the previous one that we would also like to contribute and this may provide us an avenue to do that.

 

John Mouton:  Okay.  Please.

 

Virginia O’Leary:  I just want to underscore the importance of the body being able to amend from the floor. So, I don’t want to see this going back to committee.  If there are other suggestions that need to come before the body, then I think that certainly should occur.

 

John Mouton:  So, do we vote on this motion?

 

Paula Sullenger:  This is the motion on the floor.  Would anyone like to propose amendments?

 

Missy Josephson:  I would like to propose to amend the motion to read – following the Computer Purchasing Policy with the following changes and whatever it was he said. [Laughter] Tell me what you said and I will …

 

John Mouton:  What Paul said, I think, is this information [Projected on Screen] – is it a reasonable representation of what you said – this information?  So, this would represent what Paul had said, and that is the amendment that you are proposing to that resolution.  Accurate? Replaced OIT with ACC?

 

Missy Josephson:  Yes.

 

John Mouton:  Do we have a second? 

 

Unknown Senator:  Second

 

John Mouton:  We have got a second; discussion on that resolution – the amendment to the resolution?  Thank you.

 

Unknown Senator:   Call for the question.

 

John Mouton:  Okay. There are lots of people here; the Senators are voting please.  All in favor signify by saying “aye.”

 

Senators:   “Aye”

 

John Mouton:  Opposed say “nay.”

 

Senators:   “Nay” 

 

John Mouton:  Will that handle it?  It sounds like the “ayes” had it to me. Okay, we now have the resolution that was proposed, with this amendment.  Are there any other amendments to this resolution that people would like to propose?  Please.

 

Cindy Brunner, Pathobiology:  Am I recognized?  I am offering up the following suggestion as an amendment to the motion on the floor, and that is that we add another statement to the report. The basis of this statement is, we can trace back to one of the requirements in the scope of work requested in the bids. The scope of work lists the following requirement that is that the requests for bids – “successful bidders must have a secure web site dedicated to Auburn University, which can be accessed by departments on campus to configure all systems available.”  The problem is that that stipulation has not been met by GovConnection.  The web site provided for Auburn University by GovConnection requires that you get a user name and password from GovConnection to access the University’s version of the web site.  That is fine.  That is manageable.  Within that web site, you can then see the two desktop systems that were configured to meet the bid that GovConnection made.  I am speaking specifically of desktops; although, there are two laptops as well – a high-end and a low-end desktop.  Now if you want to make so trivial of a change as a larger hard-drive, you are now outside the specifications of the bid that GovConnection made and you need to go to their configurator page.  You click on configurator to double the size of the hard-drive that you want and GovConnection no longer provides you with a dedicated Auburn University page.  My understanding is and when I did this myself; you are now taken to an IBM web page and you are now off of the Auburn University price list.  You can configure a computer with that configurator page, but you no longer have any link to the Auburn University pricing. You print out the specifications that you want, and you have to send them to a GovConnection representative who will then give you a quote on the system that you want.  That quote may not be the same for each one of us submitting such a request.  So, what we would like to have happen is that Purchasing enforce the bid requirement that GovConnection provide a specific web page for Auburn University that calculates Auburn University’s pricing on all of the available items so that we can configure a computer according to the contract.  All right, the proposal is this – and it is phrased that the Academic Computing Committee is recommending this so you would have to take that into account – “The Academic Computing Committee recommends that the Purchasing office begin immediately to enforce the contract provision calling for a web site that permits users to configure a computer, including examination of the Auburn University costs of all systems, and the costs of making changes to the standard packages.”  In other words, we would like GovConnection to configure the web site so that we can do what they promised that we would be able to do.    

 

John Mouton:  That’s the motion?

 

Cindy Brunner:  The motion is that we amend the motion on the floor to include this change – that this be an additional item in the ACC recommendations. 

 

John Mouton:  Do we have a second?

 

Unknown Senator:  Second.

 

John Mouton:  Please. Go to the microphone please, in the back.

 

Bill Gale:   While we are doing that – I can confirm that that problem exists.  It is very real.  I recently bought a new lab computer, and one of my graduate students ended up doing a lot of back and forth with GovConnection to take care of what should have been a straightforward purchase.  We ended up buying a baseline machine and effectively adding what amounted to after market parts and GovConnection added after market parts and charged us for installation and we ended up spending an awful lot more than we should have done, just to get what was reasonably needed.  That is a problem and I think that having that web site properly configured would make a very big difference to how well the contract operates.  I think that I can confirm that for sure. 

 

Paula Sullenger:   I am not really clear on what is being voted on at this point. [Laughter]  I guess I am going to speak against the whole motion and then if it does fail, then we can move to have it added as a discussion item; that way, we will still discuss and send it back to committee and have them come back next month with something that is more amenable – if there is this many problems with the inside edit. 

 

John Mouton:  Any other comments on Senator Brunner’s amendment of it. Was it seconded?  It was seconded – absolutely.  So, we are going to vote by voice vote.  Please, all Senators in favor …

 

Paula Sullenger: … and this is on the amendment?

 

John Mouton: This is on the amendment.  All Senators in favor of a new amendment that was read into the record by Senator Brunner, please signify by saying “aye”

 

Senators:   “Aye”

 

John Mouton:  All opposed say “nay.”

 

Senators:   “Nay” 

 

John Mouton:  The “ayes” have it and it passes.   Are there any other additional amendments? Here we go …

 

Dennis DeVries, Fisheries and Allied Aquacultures:  I would speak, I guess, against the overall motion because I think as Paula has said, we are doing committee work here in the Senate.  I don’t think this is the time or the place to do this.  I think it is obvious there are a lot of issues that are important and a lot of issues that need to be brought up.  I would argue that if we vote against amendment – if the Academic Computing Committee would ask for input from the faculty – we as Senators could go to our faculty, get that input and the next month allow that to come back as a recommendation from the entire faculty and then deal with it in the Senate.  

 

John Mouton:  Thank you.  Anybody else?  Please.

 

Unknown Senator:  Question on the motion.

 

John Mouton:  Call the question on the overall motion. 

 

Audience:  What is the overall motion?

 

John Mouton:  The overall motion is – the statement is – the motion is that the Senate supports the implementation of the ACC’s recommendation on the Computer Purchasing Policy – with the changes that were read in – this is the first amendment – the changes that were read off of this document, and the second one was read into the record. Do you have a hard copy of it? Can I have it please? [Projected on Screen] If you start here, it says “the ACC recommends that the Purchasing Office begin immediately to enforce the contract provision calling for web site that permits users to configure computer, including examination of the Auburn University costs of all systems, and the costs of making changes to the standard packages.”  So, that will also be included in the recommendation to go forward.  Are there any other questions about the content of the motion?  There being none, we will ask for a voice vote.  All in favor signify by saying “aye.”

 

Senators:   “Aye”

 

John Mouton:  All opposed say “nay.”

 

Senators:   “Nay” 

 

John Mouton:  My ears aren’t too good.  Let’s have a hand vote real quick.  All in favor signify by raising your hand please. Okay, you can put your hands down please.  Are we okay? All opposed signify by raising your hand please.  It passed forty-three to seventeen.  Thank you very much; thank you, Bill.

 

Bill Gale:  Thank you for the Senate’s patience – I did not know it was going to take that long.

 

John Mouton: Okay, we are going to move on to Action Item (B) which is the resolution on Senator Barron.  We need someone to present this resolution and make a motion please. 

 

Jon Bolton, Senator from the English Department:  I’ll go ahead and read out the resolution:

 

Whereas, Alabama Senate President Pro Tem Lowell Barron waited until the recent special legislative session was nearly over to refer the nominations for new Auburn University trustees to the Senate Confirmations Committee;

 

Whereas, When a meeting of the Senate Confirmations Committee was finally called to act upon the nominations in the waning moments of the legislative session, the meeting failed to achieve a quorum when known political allies of President Pro Tem Barron failed to attend;

 

Whereas, Knowledgeable observers such as Auburn University Trustee Selection Committee member Andy Hornsby and State Senator Ted Little have been publicly quoted as blaming President Pro Tem Barron for the failure of the Confirmations Committee to achieve a quorum and thereby blocking confirmation of the three new trustees; and

 

Whereas, These recent events have cast further doubt on the integrity of the nomination process and have once again demonstrated the conflict of interest inherent in Senator Barron serving as both President Pro Tem of the Senate and a member of the Auburn University Board of Trustees; therefore, be it

 

Resolved, That the Auburn University Senate calls upon Senator Barron immediately to resign his seat on the Auburn University Board of Trustees.

 

Okay. Yeah, I move that we accept this resolution.  It didn’t come from the Steering Committee, so we need a second. 

 

Unknown Senator:  Second. 

 

Jon Bolton:  Any discussion? 

 

Jim Gravois, Library:  Representing the Library, I can say that in general we favor it.  That is library faculty – not administration (just to get that clear); but I would like to propose some amendments to it. So, I’m going to come down … 

 

John Mouton:  Do you have them in writing please?  Can you put them where we can see them?

 

Jim Gravois, Library:  Our concern was just that maybe some of the phraseology was not necessary, and I will show you what I would remove.  I feel like we should remove the first part here – that we feel like the meeting failed to achieve a quorum – period; I don’t know that this helps.  We also felt that this “whereas” section should be deleted, as those people are not here – and that’s basically it.  We just felt like those two sections should be removed, so I am going to go ahead and do that on my copy.  What I am not sure is whether we should take that as two separate amendments; just to vote on each one. 

 

John Mouton:  We are going to take it as two amendments. The first amendment that we will deal with is to remove “when known political allies of President Pro Tem Barron failed to attend;” Is there a second for that?

 

Unknown Senator:  Second.

 

John Mouton:   We have got a second on that; discussion on that amendment. Please.

 

Bill Gale, Steering Committee:  I would like to speak in favor of the amendment.  I think that it is a good practice for people of the University not to engage in hearsay.  I think it is better that we stick to things that are known and accepted in contentious matters like this.  I feel much more comfortable seeing the motion in its amended form as a result.  When this came before the Steering Committee, I didn’t feel that I could support it written the way it was because of the issue of this containing what is hearsay and however enlightened speculation.  

 

John Mouton:  Is there anyone else that would like to comment on the first amendment? There not being any; are we ready for the question?  I have a call for the question. All in favor of amendment as posed signify as posed; signify by saying “aye” 

 

Senators:   “Aye”

 

John Mouton:  All opposed say “nay.”

 

Senators:   “Nay” 

 

John Mouton:  Okay, the “ayes” have it.  Okay.  Now we are going to move to the next amendment and the next amendment was to remove completely the paragraph that begins: “Whereas, Knowledgeable observers such as Auburn University Trustee Selection Committee member, Andy Hornsby, and State Senator Ted Little have been publicly quoted as blaming President Pro Tem Barron for the failure of the Confirmation Committee to achieve a quorum and thereby blocking confirmation of the three new Trustees;” and I think that you have made that as a motion.  Is there a second?

 

Unknown Senator:  Second.

 

John Mouton:  Do we have any comment? Please.

 

Missy Josephson:  While I probably wouldn’t have written it as it is written; I don’t think I would strike it for the reason given that they are not here.  I assume that he was talking about Andy Hornsby and Senator [Ted] Little.  Because it is in the public record what they said, whether you choose to believe them or not is another question, but it is in the public record.

 

John Mouton:  Please.

 

Norbert Wilson, Agriculture Economics and Rural Sociology:   My one concern with this particular section is – it doesn’t state where the information is publicly known.  I mean, I think I heard it on the news, but I would like to have the very specific reference as to where it is.

 

Jim Gravois:  I just want to add a little more to that.  I think that the main goal of this resolution does not need to say – because of what other people have said about this – even though there is really lots of evidence of that effect.  I think that the main goal is to say, look, the man did not get the Committee to meet on time, and we suspect that there may have been ulterior motives and we call upon him to resign.  I think that stands as a defensible resolution on its own. 

   

John Mouton:  Anyone else, please.

 

Bill Gale:  I think some of my earlier comments also apply to this, so again, I speak in favor of the amendment.  It is like J.F.K., we all know he is dead, but there are certain disagreements about the role of the grassy knoll.  We should stick to things that I think are verifiable and not subject to dispute, and I don’t feel that this paragraph adds anything to the case; on the contrary, I think it does the exact opposite.

 

Missy Josephson:  While I would agree that it is probably inflammatory, I think there needs to be some insertion in the resolution about the fact that people who are knowledgeable of what was going on in Montgomery on that day, have expressed their opinion about that in the public record.  I can imagine it being written in a different way, but I think the fact – what those – that those people said something to implicate Mr. Barron, is important to be in there; furthermore, if you take it out, there really isn’t anything in the resolution that indicates anything underhanded was done or there were ulterior motives; in fact in the next paragraph we say that Senator Barron demonstrated a conflict of interest, but we don’t have anything to base that on.  

 

John Mouton:  Please.

 

Judy Sheppard, Steering Committee:  I actually brought this to the Steering Committee, and I think there has been, for anyone who has chosen to pay attention to any news reports and doesn’t want to simply dismiss news reports because they weren’t there and there aren’t sworn statements from people saying this is why I wasn’t there or other kinds of methods of evidence that no court of law would require.  Reasonable people who are informed about this state and the politics and the pattern that Mr. Barron has – I mean, this is the third time at least that this kind of blocking of Trustee nomination has occurred on his part. That is well-documented.  If you have read any newspaper recently, editorials or news reports, it is hard for me to see how people can say, we didn’t know, we don’t know what happened.  If you are saying that we simply do not believe all of the newspapers in the state; well then that is one thing.  But if you are saying; essentially reasonable people reading the media can make certain reasonable inferences, I think that I would have to definitely say that if you want to revise the wording of that paragraph – great, but let’s not totally gut the meaning of this resolution.

 

John Mouton:  Please.

 

Ted Becker: I agree with the last two people, speakers on this matter.  I think that perhaps it might soften it a bit by saying “are on public record as placing responsibility” on the President Pro Tem Barron, rather than using the word “blame.”  Also, keep in mind, as far as I know, the Senate is still on record as having voted no confidence in the Board of Trustees.  That has not been removed, has it?

 

John Mouton:  That is correct.

 

Ted Becker: So, I mean, this is just simply further information, and also that Hornsby is a member on the Committee and I assume – we know he says this; he has been in contact with people in this body in e-mails, etc.  So, it is not just public record, it is also personal communications.   We all know that this happened.  So, maybe we can just make it a little more legalistic by saying on public record and placing the responsibility, rather than using the word “blame” – if the people who wrote this would be willing to accept that.

 

John Mouton:   We will entertain that after we vote on this motion.  Thank you.  Please.

 

Cindy Brunner:  I would like to speak in favor of the amendment to delete the marked paragraph.  My rationale is again based on the phrasing of the paragraph that we have two knowledgeable observers who “have been publicly quoted as blaming President Pro Tem Barron” and I would like to quote what was distributed to the Senators by Isabelle Thompson, I believe, was the source of this information – this is reported to be a summary of audio tape recording of Mr. Andy Hornsby’s remarks concerning failure of the Alabama Senate Confirmations Committee to confirm three new Trustees – due to lack of a quorum, remarks were made at a meeting of Auburn University Chapter of the AAUP, Thursday October 9, 2003 – and I am going to be fairly specific in my quote here.  This is the second to the last paragraph, I believe, at the bottom of the second to the last page of the material that we were given.  “So when asked if Senator Barron had anything to do with this (this is, of course, in reference to lack of quorum) I don’t know.  I know what I was told.  I was told by reliable sources that it was set up the night before.  I know Senator Barron’s allies didn’t appear.  I can only draw a conclusion that it was somewhat orchestrated.  I don’t know that, and he said that it was not.”  I think on the basis of Mr. Hornsby’s own statement, we ought to delete that paragraph. 

 

John Mouton:   Please.

 

Jim Gravois:   I would also like to offer the possibility, afterwards perhaps, or just for you to entertain this otherwise that perhaps in the final paragraph that says “whereas,” one could put these recent events and comments by knowledgeable observers and just leave it at that and continue it.  That is not a proposal; I am just saying that is another way to handle it.       

 

John Mouton:  Well, let’s get other people who are addressing this to microphone please.  Anyone else?

 

Unknown Senator:  Call for the question. 

 

John Mouton:  We have got a call for the question. Okay. The motion that is on the floor is an amendment to this resolution that deletes the paragraph – I am not going to read it again – and I will ask all in favor to signify by saying “aye.”

 

Senators:   “Aye”

 

John Mouton:   All opposed say “nay.”

 

Senators:   “Nay” 

 

John Mouton:  The “ayes” have it.   Okay.  So we now have a resolution that has been amended twice to have deleted this.  Does anyone else want to come to the microphone and make any comment on the resolution as it now stands?  We have got some movement in the back of the room.  I think we have got one speaker up.

 

Missy Josephson:   I would like to see something placed back into the resolution in the mildest terms possible but recognizing that Mr. Andy Hornsby, Vice President of Auburn Alumni Association, was quoted in an Associated Press story on September 25, as saying “It was by design. Senator Barron’s forces were the ones who didn’t show up.”  So, that he places responsibility on Senator Barron and, as well, Senator Little said – “‘There is no question in my mind that the lack of a quorum was orchestrated,’ said Little a member of the Confirmations Committee.  ‘It goes on to say that he would not say who he believed was responsible – and that was in the O-A News.’”    

 

John Mouton:  So, what are you proposing, please? 

 

Missy Josephson:   Well, I haven’t actually proposed. I’d prefer that somebody else do it because I don’t know quite the right words, but something to that effect. 

 

John Mouton:   We have some help.

 

Raymond Hamilton, Aviation Management and Logistics:  Correct me if I am wrong – I may be simple and simplistic in looking at this, but this resolution does not sink or swim on that paragraph, and if either of those two gentlemen, in some subsequent form, denied that statement, would it kill this resolution or its veracity?  I think it would.  I think that paragraph contributes nothing in terms of substance.  The resolution stands on its own merit without quoting those two, in my view.

 

John Mouton:  Any other speakers? Please.

 

Paul Schmidt:  If it is felt to be important that public statements have been made blaming Senator Barron for orchestrating the failure of the Committee to achieve a quorum, couldn’t we add – and this is just a suggestion – I prefer not to make the motion myself – couldn’t we add a sentence just to the extent – Whereas, Senator Barron has been publicly blamed for orchestrating the failure of the Nomination Committee to achieve a quorum, instead of the deleted paragraph?

 

John Mouton:  Do you want to make that as a motion?

 

Paul Schmidt:   Okay, I move to put that sentence in. 

 

John Mouton:  Is there a second?

 

Unknown Senator:   Second.

 

John Mouton:  We have got a second.  Is there any discussion?  

 

Unknown Speaker [Not at Microphone]:  What was that sentence?

 

John Mouton:  We are going to get it right now.  

 

Unknown Speaker [Not at Microphone]:  [Inaudible]

 

John Mouton:  I think we have a second.  So, what it says is, “Whereas Senator Barron has been publicly blamed for orchestrating the failure of the Nominating Committee to achieve a quorum – to be inserted where the other paragraph has been removed. Please.

 

Unknown Speaker [Not at Microphone]:   It’s Confirmation Committee.

 

John Mouton:  It is the Confirmation Committee.  Thank you.  If there is not comment, can we have a call for the question please? Okay.  I would like to have all in favor signify by saying “aye.”

 

Senators:   “Aye”

 

John Mouton:   All opposed say “nay.”

 

Senators:   “Nay” 

 

John Mouton:    Let’s have a hand count on that – my ears are not that good.  Willie, can you help?  Please.

 

Cindy Brunner:  Point of clarification – is this the amendment that we are voting on?

 

John Mouton:  This is this amendment right here that we are voting on.  We have not voted on the resolution yet.  All in favor signify by saying “aye” – raise your hand – I am sorry; my mind is somewhere else.  You can put your hands down.  All opposed signify by raising your hand.  

 

Paula Sullenger:  There was 35 to 23 pass.

 

John Mouton: The amendment passed 35 to 23.  Are there any other ideas to come forward in this? Somebody call the question – I’m sorry – we have somebody up again.

 

Missy Josephson:  I think it is redundant to present another resolution asking Senator Barron to resign, when that has already been done.  It seems like it would be more effective if we restate the Senate’s resolution that Senator Barron resign and publicly censor him or otherwise show our disapproval of what has happened.  That is a motion – amendment.

 

John Mouton:  I don’t understand what it is. Could you restate the motion?

 

Missy Josephson:  To amend the last sentence – Resolved that Auburn University Senate – we cannot call on him to resign – it would be redundant if we did because we have that other resolution already in existence.  So, that the Auburn University Senate, for example, restates its resolution that Senator Barron resign and publicly censors him.

 

John Mouton:  As a point of order, the other resolution did not single out Senator Barron – it is the entire group.  I am not sure – I guess we can reference it, but it was a resolution that was larger than this one in regard to the call for resignation. 

 

Missy Josephson:  Certainly, but he is a member of that group.  It just seems redundant. 

 

John Mouton:  I don’t understand what the resolution is.  Do we have a second?

 

Unknown Senator:  Second.

 

John Mouton:  Okay, we now have a second.  Could you come up here and write this? That would help us tremendously.  I will get a clean … Do we need [Inaudible]? Okay.  It has been proposed and seconded that the last paragraph be changed “Resolved, that Auburn University Senate restates its resolution that Senator Barron and other members of the Board of Trustees resign seats on the Auburn University Board of Trustees and publicly censor Senator Barron.”  Please, Virginia.

 

Virginia O’Leary:   I want to speak against this amendment.  I don’t think that it’s redundant.  I think that what we are attempting to do in this resolution is to make it clear that it is the sense of the body that we hold Senator Barron accountable for the failure of the Committee that he chaired to garner a quorum to do its business and as a result, I think that that’s clear.  I also want to – and I know that we have got to vote on this amendment first – but as a friendly amendment to the preceding, we need an “and” before the final Whereas. I think that changes nothing in terms of content, and I will reintroduce that after we have voted on the amendment on the floor. 

 

John Mouton:  Other comments? We are voting on the amendment to change the last paragraph as shown here.  All in favor signify by saying “aye.”

 

Senators:   “Aye”

 

John Mouton:   All opposed say “nay.”

 

Senators:   “Nay” 

 

John Mouton:  The “nays” have it.  If we take Virginia’s amendment – it was her amendment that we include the word “and.”

 

Unknown Speaker [Not at Microphone]:  No, it’s in the paragraph that Paul – it’s at the end of Paul’s paragraph. 

 

John Mouton:  In Paul’s paragraph – right?  Yeah, you are right; I’m sorry.  The amendment is to add “and” to Paul’s paragraph.  It’s a friendly amendment. Do we need to vote on it?

 

Audience:  [Confused discussion] 

 

John Mouton:  Do we need to vote?  Call for question?  All in favor signify by saying “aye.”

 

Senators:  “Aye”

 

Unknown Speaker [Not at Microphone]:  [Inaudible] 

 

John Mouton:  That is on this adding of “and.”  All opposed – none; it passes. 

 

Unknown Speaker [Not at Microphone]:  [Inaudible] 

 

John Mouton:  I realize that.  Okay.  We are going to try to finally get to – we are now to open discussion on the resolution as stated here, and I realize that it is a little difficult to read – but we have had a change in the second paragraph, deletion of the third paragraph where it has been replaced with these words – the resolution has been seconded.  Please. 

 

Cindy Brunner:   I have to confess that I find myself in a very precarious position.  I support this resolution, but I believe that the majority of my faculty members in my department do not.  In consulting them – and I want this on record is why I am stating it – in consulting them, I was met with considerable opposition, most of it based on the fact that the issue has become moot – that Senator Barron will be stepping down from his seat at the end of this year, presumably [Audience Laughter] – and the Senate will not meet again until after that event takes place.  Now we could all speculate as to what shenanigans might be going on the meantime, but I had rather not do that.  The point that they were making was this is a lot of puffing and blowing about something that is now moot.  On the other hand, I did have one colleague, a non-tenured faculty member in my department, who has only been tenure track for a couple of years, point out that if we vote this down that makes an entirely different statement publicly by way of the position of the faculty about what Senator Barron allegedly did.  I don’t think I want to be on that side of the issue.  I would rather support this resolution even though there are a number of faculty members in my department who would rather just let this die.   

 

John Mouton:   Please.

 

Ted Becker:  The reason – I haven’t polled the members of my department – pardon me, but, I think that it is important that the faculty Senate passes this resolution, even if it is moot.  I think that Cindy’s point is correct.  The reason is, is because I think that the faculty should speak on this before SACS comes, and we should be on record as saying that we know what is going on here and we don’t like it and it is just another example in the long, long, long list of examples that SACS is coming here – by the way, I am pleased to find out that the President of the University of Virginia is the one that seems to be the head of this committee – where they try to decide about what has been going on here at Auburn, in terms of the management of this university by the Board of Trustees.  I think that it is very important that the faculty speak out on this right now and just have the most recent statements of its feelings about what has been going on. 

 

John Mouton:  Other comments, please.  We got a call for the question. We will do a voice vote. All in favor signify by saying “aye.”

 

Senators:   “Aye”

 

John Mouton:   All opposed say “nay.” 

 

Senators:   “Nay”

 

John Mouton:   The resolution passes. [Audience Applause]

 

 [The Resolution Follows]

 

Whereas, Alabama Senate President Pro Tem Lowell Barron waited until the recent special legislative session was nearly over to refer the nominations for new Auburn University trustees to the Senate Confirmations Committee;

 

Whereas, When a meeting of the Senate Confirmations Committee was finally called to act upon the nominations in the waning moments of the legislative session, the meeting failed to achieve a quorum;

 

Whereas, Senator Barron has been publicly blamed for orchestrating the failure of the Confirmations Committee to achieve a quorum; and

 

Whereas, These recent events have cast further doubt on the integrity of the nomination process and have once again demonstrated the conflict of interest inherent in Senator Barron serving as both President Pro Tem of the Senate and a member of the Auburn University Board of Trustees; therefore, be it

 

Resolved, That the Auburn University Senate calls upon Senator Barron immediately to resign his seat on the Auburn University Board of Trustees.

 

Information Items

 

John Mouton:   Okay, the hour is getting late, and I didn’t read about Erica’s [Jackson] report in this morning’s paper, but I read about the next item in this morning’s paper.  So, I have asked Erica to please postpone until the next meeting so we can move on to the next item.  She has graciously accepted to do that.  So, the next order of business is in regard to the joint AUM/AU Grade Interference Committee.

 

At the recent Rules Committee meeting, I was asked to communicate with the faculty in regard to the way that this committee came into being.  There is a statement that is on the Web that I am not going to put up, but I want to make some comments, and then we will open it for discussion.  At the October 6 Rules Committee meeting, it was recommended that we include this matter on the [Senate] Agenda  for discussion.  The Steering Committee was polled and this matter is on the [Senate] Agenda as an Information Item.

 

The issues, as I understand them, were about the formation of the Committee, the composition of the Committee, and communication and understanding regarding the Committee. I think that an issue that is relevant – or that was raised – in our Senate Constitution under Article 4: Committees. [Projected on Screen]

Article 4: Committees

 

Nominations for membership to all standing committees shall be made by the Rules Committee and approved by the Senate, for a period of three years, unless otherwise specified in these Articles. Committee appointments shall become effective at the beginning of the fall semester and shall expire at the end of the summer term. Students serving on committees shall serve one-year terms; staff members shall serve three-year terms unless otherwise specified in these Articles. Each standing committee shall have a written statement of its operating procedures on file with the secretary of the Senate. Deliberations of committees dealing with grievance; student or faculty dismissal; discipline; promotion and tenure; and other personnel matters must remain confidential.

 

Section 2. Other Committees: The Senate may form other ad hoc committees; nominations for membership shall be made by the Rules Committee unless otherwise specified in these Articles.

 

There is a statement in regard to other committees that says, “The Senate may form other ad hoc committees; nominations for membership shall be made by the Rules Committee unless otherwise specified in this article.”  Dr. Mullen’s position, as I understand it, is that I bypassed the procedures.  My stated position is that there is not a procedure in this circumstance.  This says that the Senate may form other ad hoc committees, and if we look at this committee carefully, I think it is clearly not a Senate ad hoc committee.  What I would propose to you is this:  If there was a grade allocation issue on our campus, and the AUM Senate formed an ad hoc committee to look into it, we would be up in arms.  This is a matter that involves both campuses.  So, if we look at it, I think the uniqueness of circumstances is clear.  The alleged incidents involve the AUM campus.  Our interest as a faculty is based on fact that we share the Board of Trustees, and the reported offenders are currently members of that Board.  The committee includes four members of the faculty elected as leaders by both of the faculties. The qualification and appropriateness of those elected leaders to serve on such an important matter, in such a complex circumstance crossing two campuses, to me is apparent.  I will open it up for comment and discussion.  Virginia, please.

 

Virginia O’Leary:  Well, when I stood to ask about this earlier, I was of course aware that it was on the [Senate] Agenda and set for later in the meeting, but because it was an Information Item, I was not sure that there would be an opportunity for discussion – which is why I tried to bring it up a bit earlier in the Agenda. I no longer have two questions, I guess I have really reduced it to one, and now I am thinking that perhaps it is not even a question but rather a comment.  Technically, I think that it is correct that there is no specific provision for the establishment of a joint committee.  However, there is past practice in terms of the establishment of ad hoc committees, and I think that the fact that the Rules Committee, when it discussed this, was split; is instructive.  There were more than – actually more than two, I believe three members of the Rules Committee – who thought that the composition of this committee should have been passed through the Rules Committee, and I don’t know see anything actually that would have prohibited the Rules Committee, or indeed any of the Senate leadership from contacting the Senate leadership on our sister campus and having this be a jointly comprised committee.  But the other observation, or perhaps it is a question that troubles me greatly, is I read your public statement regarding your belief that the timing and formation of this committee at the time that it occurred was warranted.  I wonder if you’d share with us the meaning of the impulsive action that might be taken by the faculty.  Because that was one of the justifications – that you had to act quickly in order to prevent some impulsive action being taken by faculty, and it troubles me that that’s your opinion of either your colleagues or this body collectively. 

 

John Mouton:  First of all, I will say that I did in the statement take responsibility for the formation of the committee.  That said, there were four people involved; there were two leaders from this campus and two leaders from the AUM campus.  The concern was that there was a lot of information floating up about this that could have had a response of “he said-she said” before in fact there was a thoughtful look into the information.  That was the discussion that we had, and the AUM faculty were involved.  The AUM faculty leaders were involved in that discussion and that was part of the discussion, candidly.   Please.

 

Kathryn Flynn:  One of the questions that came to my mind when I first heard about this was why Auburn proper would be involved with something that occurred at the AUM campus.  I know that we share a Board of Trustees, but we act pretty well independently as a faculty – two groups of faculty – and what the response was of the general faculty at AUM to our involvement in this?  But, further than that – was the process used – how was the Committee set up, how was it developed, and was there outside influence?  Were any members of the Board of Trustees involved with the decision to create this committee, or is this strictly an internal faculty driven process?

 

John Mouton:  First of all, the committee was formed by the four people that have been identified as having a forum.  Collectively, we did not have any discussions with the Board of Trustees.  I sat at a lunch meeting between two members of the Board of Trustees, having two separate conversations with both of them. Earlon McWhorter was on one side and he and I conversed about the fact that I was looking into this with some people.  But, as a group, we did not meet with any trustees or any administrators.  I think that I may have had a conversation with somebody else, not a Board of Trustees member, but I don’t have a specific recollection; but I did sit at lunch and have a conversation with Mr. Miller on one hand and Mr. McWhorter on the other hand and it did come up in the conversation with Mr. McWhorter.  Please. 

 

Conner Bailey:  Can you tell me when that lunch took place?

 

John Mouton:  That lunch took place …

 

Conner Bailey: Was it before you asked me to serve on this committee?

 

John Mouton:  Yes, it was – I believe that it was; it was Thursday.  Any other comments or questions?  Well, if there is not any, then the meeting will be adjourned, and we will meet again on November 14 – [November] 11. [Adjournment at 4:50 p.m.]

 

Adjournment