Senator Smucker Holds Hearing into Penn State’s Board of Governance

(EDITOR:   We just encounter the following posted on Senator Smucker’s web site.  The hearing occurred on March 18.)

HARRISBURG, PA – Penn State University administrators and Auditor General Eugene DePasquale appeared Monday before the Pennsylvania Senate State Government Committee, chaired by Senator Lloyd K. Smucker, and delivered testimony about reforming the university’s Board of Trustees.

Smucker said the Penn State hearing may be the first of several that will examine the boards of governance of the Commonwealth’s state-related colleges and universities.

“The witness panels and the members of the audience on hand for today’s hearing should be commended for their decorum during this polarizing discussion,” Senator Smucker said. “The scope and variety of opinions coming out of today’s hearing will give committee members much to consider as we discuss the dynamics of Penn State University’s Board of Trustees going forward.”

Smucker said the hearing was designed to provide insight into how the university’s board of trustees is comprised and structured and to determine what role, if any, the Legislature should play in its reform.

At least one of the witnesses appearing before the committee believes action by the General Assembly will be necessary. Freshman Trustee Anthony Lubrano said state government will need to step in and make reforms for both the University and the board, although he said the ultimate responsibility for improvement rests with board members.

“We’ve done things a certain way for so long,” Lubrano said. “We get into this vicious cycle, and it’s hard to break it. There is an issue of structure, clearly, but at the end of the day … it comes down to the engagement of the trustees.”

In addition to Lubrano and DePasquale, the Senate panel also heard from Board of Trustees Chairman Keith Masser, board members Jim Broadhurst and Ira Lubert and former board member Robert Horst.

When asked by Appropriations Chairman Sen. Jake Corman (R-Centre County) about penalties the Auditor General would like see implemented for trustees who fail to take their role on the board seriously, DePasquale likened it to the rules that apply to local elected officials serving in similar roles.

“Because this is volunteer, I don’t think there should be any financial penalties,” DePasquale said before noting that he does believe steps for removal from the board should be in place. “For example, [like] school board members … if you miss three consecutive meetings, you can be removed. I think something similar should be implemented for state-related boards [of trustees].”

Broadhurst said “significant changes” to the board have been implemented, including 12-year term limits for members, a 5-year limit for chairs (with limited exceptions), a public comment period, and committee restructuring. He added that the Penn State charter changes include the loss of voting rights for the president of the university and the Governor of Pennsylvania and raising the number necessary to form a quorum to 16.

Broadhurst said a change to the size of the board is unwarranted, because it now has a greater number of alumni representatives and a greater variety of members.

“We see this high degree of diversity and alumni involvement as one of our greatest strengths,” Broadhurst said. He added that changes to the board’s size should only come after “much further consideration.”

Horst said the power wielded by the business and industry trustees on the board renders the executive board unnecessary. Besides reforms in this area, Horst recommended reducing the number of business and industry, agriculture and gubernatorial appointees from six each to three. The final number of board members should be about 19, Horst said, which is consistent with other Big 10 universities.

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