May 6, 2021 Minutes

A printable PDF of this information can be found here. 

Emergency Faculty Senate Meeting

Webex

5/6/2021

9:00am-10:00am

I.            Received an email from Chris Palmer at UM. Chris is Acting Chair of MUSFar (Faculty Senate leadership)

a.       Likely to be a suit filed next week.

i.      MUSFAR has been in conversation with a lawyer who would file the suit.

ii.      MUSFar agreed we would take vote on Friday to support and participate in the suit.

A.      Some campuses have already weighed in, taken votes.

B.      President and Provost both know about this meeting but will likely not attend to give us the space to be frank. One hundred percent in support of the Senate having this discussion.

C.      Some legislatures don’t believe in Tenure. That could be serious if we don’t do something.

iii.      Time scale:

A.      Several bills (102, 112, 218, 349) signed into law that are the basis of this, but the suit is not about those specifically. These are examples of the legislature and Governor unconstitutional attempt to govern the campuses.

1.       Free speech

2.       Student groups

3.       Overstepping the BOR

B.      Monday is the last day the Governor has to sign any bills into law.

1.       By Monday, the policy will be released as to how firearms on campus will be considered at BOR meeting on the 12th.

C.      Tuesday the suit would be filled.

1.       Likely to be multiple suits filed on that day

D.      Wednesday, the 12th all public comment will be entered

E.       Won’t make a decision until the 26th /27th when they meet.

F.       We called a FS meeting on the 19th. We can then discuss 102 completely.

iv.      Does the Senate support us signing up to file a suit?

A.      Would the Senate be willing to be a plaintiff?

v.      Leadership from associated campuses

A.      Was some hesitancy

B.      Can’t overstep the faculty to express their own needs

II.            Senate discussion

a.       Kevin McPhee:

i.      Questions regarding the freedom of speech, what specifically are the limitations that are of concern in relation to those two bills?

ii.      What is the thought behind the impacts behind the legislature reviewing funding for campuses?

A.      Keep our eye on the ball and not look at the fence.

B.      President is very concerned about a continuation of these practices.

C.      How is the faculty harmed in any of these? We are not going after the bills; we are going after the constitutionality of the legislature and governor trying to govern campus.

1.       Michael Brody: Concerned that if the legislature gets permission to tell us what to do on our campus that eventually they will take Tenure away and tearing up our campus. Idaho is a good example

2.       Jerry Johnson: Agree, but potential harm is not harm. I teach this. You have to be very careful signing onto something like this without knowing wad administration is going to do. This will likely go to court and could weaken our position. You can sign on as a friend of the court brief, shows support without legal standing. We may have standing, but it’s not clear. Different bills effect faculty differently, and in sometimes not at all. Want a very firm statement from administration on what they are going to do.

i.      Michael Brody: Have met with Provost and President every week for the last year. I believe that they have the faculty’s best interested at heart. The staff and students too. Maintain employment for faculty and staff in times of great hardship. I believe the President understands what a university is all about. The faculty do what the faculty feel is best.

3.       Ed Dratz: 10 other states allow guns on campuses already and there have been quite a few legal hassles regarding that. Utah, Wisconsin, Colorado, etc.

i.      We have looked at it. We are the only state that has a constitution that says the legislature can control what happens on campus. That is the big difference between us and them.

iii.      Michael Brody: Free speech on campus means that students can form a club on campus.  That club can be about anything, religion, gender identity. Could prevent other students from joining that club. The club could still get funding from the University. (349)

A.      ASMSU filed a motion to oppose this.

B.      Allows for discriminatory groups

iv.      218 revises laws

A.      Legislature overstepping in trying to govern what happens on campus

B.      OCHE says it’s an unnecessary revision because campuses already have free speech

v.      Kevin: Is it the desire of the MUS to remove itself from being not subject to the constitution and being separate from the laws of the state. How does that relation sit with regard to this effort?

A.      Not to separate ourselves from the constitution. MT constitution gives the BOR the authority to govern the campuses. It is not to say we our outside of the laws of the state, but simply if these laws are going to be cast, the BOR has to be in that conversation. If leg passes laws that directly impact campuses 218 112 349 are laws specifically for campuses. Removing the BOR from implementing those laws usurps the constitution.

B.      Colter Ellis: Challenging the legislature directing OCHE to……

b.       Ed Schmidt: Letter written by Steve Barrett in BDC on May 5, 2021 is a good document to read. The reason the BOR was created was to protect our educational freedom. Support the BOR making these decisions.

i.      Ed Schmidt moves that the Faculty Senate support the senate leadership to represent the MSU faculty to uphold the MUS BOR constitutionality to Govern the MUS Campuses. Peter Tillack seconds. 

A.      Andrew Hill: What does everyone think the long-term ramifications of this are on the BOR. Is there a potential that we do this now and then Governor appoints new people?

1.       It is possible.

B.      Kevin McPhee: I feel this is a risky approach. It may be the only approach, but I think it’s risky.

1.       Though the faculty may want to sign up as the Faculty Senate and not as part of the MUSFAR. Do we have your support with Bradford and Michael signing on to support them as the Senate?

C.      Jerry Johnson: You keep using the word Plaintiff. Is that really what you mean? It reads more like “support”. We are asking you, the Senate, for your support with Michael and Brody joining MUSFAR in their lawsuit.

1.       What is your role in this? Michael and Bradford are members of MUSFAR.

D.      Bret Olson: No one has mentioned that the legislature is going to withhold a million dollars that would have been given to campuses if we file suit.

1.       It’s a buy off. Not worth the money.

2.       The BOR are not filing a suit, but several members are.

E.       Sally Moyce: Nervous about casting a vote on behalf of the faculty I represent without having the time to discuss this with them. Can someone help me reconcile that?

1.       Michael and Bradford represent the body of Senate. We are asking if SENATE, as Senate members in support of Michael and Bradford moving forward. Not asking the faculty, but the Senate body.

F.       Twenty-five in favor. One opposed. One abstention. Resolution passes. 

1.       Thank you everyone!

2.       Thank you, Michael, and Bradford, for your representation.

c.       Does the Senate want to go further?

i.      Ed Dratz: Don’t have time now but would like to talk about it. We could hold another meeting.

A.      Would rather the Senators call the meeting instead of Chair and Chair Elect. It’s now in your court.

B.      We do have a meeting on the 19th, but we will probably be talking about guns.

C.      Jeannie Little: Should we talk to our faculty about how they feel about the gun issues and then have a meeting to discuss?

1.       Don’t limit to the gun law. Focus on the constitutionality of everything. The gun law has already been put in place.

2.       Robert Carson: What are we allowed to say and what are we allowed to ask if we communicate to our faculty? Do we have guidelines?

i.      We have tried to be really careful. Anything said in this meeting is public. Members of the public are in attendance. Anything that has been said here can be said to your faculty.

ii.      Robert Carson: Read Barrett’s letter in the paper. It is an excellent source of information on this. Explains why this is an appropriate strategy. Focusing on the obvious governmental overreach.

iii.      Jerry Johnson: Montana is in a unique situation. Not like Idaho. This is a constitutional issue. Before you talk to faculty, this has nothing to do with anything other than the constitutionality. We need to be careful as faculty. The legislature will take this out on us. Moving forward you need to be careful of the faculty status in this lawsuit.

iv.      I would want to talk to my faculty between now and Monday. You can’t just walk away now. You need to have the conversations. Serious business that faculty have strong feelings about.

v.      Colter Ellis: Sociology faculty feel we all have skin in the game around this.

vi.      When would be meet again? How long do we have to talk to our faculty?

1.       Could be Wednesday next week. If things work the way we think it will, Wednesday morning it would be in the paper. Lawsuits will be filed at the Montana Supreme Court level.

2.       Wednesday is the ARSA meeting, so Thursday or Friday would be better days to meet.

d.       Would the Senate itself be willing to take a stand.

i.      Andrew Hill: What would we gain from that since there is already a suit being filed. Is it just a “signal” at that point? Is it the type of signal we want to give?

ii.      The more organizations and people involved in this suit, the more leverage it would have. Wildly recognized that the final decision is the court of public opinion. If the entire system is resistant, the court of public opinion would be formed in a different way.

iii.      Transgender law: There was one transgender athlete in Montana, and they are no longer a student. Law seems ridiculous.

iv.      Jeannie Little: Moves to schedule a Faculty Senate meeting next week, the morning of the 12th. We have ten Senators on board. We will meet on the 12th. Keely will send out webex info. Bradford will lead the meeting.