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FAU presidential search still in holding pattern; Attorney General may or may not get involved [1]

['Christian Casale', 'More From Author', '- September']

Date: 2023-09-11  

As the search for Florida Atlantic University’s next president has been halted by a state investigation, Florida higher education officials said they would take steps to ensure similar issues don’t arise in future searches.

At Friday’s Board of Governors meeting, State University System Chancellor Ray Rodrigues brought up one of the search’s “anomalies” presented to his office: a preference survey from AGB Search, Inc., a private firm contracted to assist with the search, was provided to members of the search committee anonymously.

Brad Levine, chair of both the FAU Board of Trustees and the presidential search, provided a letter in July to the chancellor saying that there was a series of issues showing that there were no violations during the FAU presidential process, and other universities in Florida used similar methods in their own searches without intervention from the state university system.

For example, a member of the overarching Board of Governors, Alan Levine, also serves as a member of the presidential search committee at FAU. He agreed to use a straw preference poll to narrow the pool of applicants, according to the July 10 letter.

However, “This practice appears questionable in light of the application of the statute governing shade meetings and the sunshine law,” Rodrigues said on Friday, and added another concern that the survey asked applicants for their preferred pronouns and sexual orientation.

Since then, the presidential search has been at a standstill while the Board of Governors’ inspector general investigates the matter. Although he commended FAU for its cooperation with the investigation, Rodrigues said on Friday there have been delays because AGB and FAU have retained outside legal counsel.

Brian Lamb, chair of the Board of Governors, preceded to introduce an action item that would request the opinion of Florida Attorney General Ashley Moody on the matter.

Lamb said the request to the attorney general would allow the board to clarify if third parties can use preference surveys of committee members in future presidential searches. It would also allow the board to better determine if and how Regulation 1.002 – which addresses Presidential Search and Selection – should be amended related to the preference surveys. The board voted to approve the action item.

A spokesperson with Attorney General Moody’s office said they have not received an opinion request. For state agencies to ask for a legal opinion from the attorney general’s office is common practice. “Attorney General Opinions serve to provide legal advice on questions of statutory interpretation and can provide guidance to public bodies as an alternative to costly litigation,” according to the office’s website. “Opinions of the Attorney General, however, are not law. They are advisory only and are not binding in a court of law.

The action item reads that the board requests the attorney general’s legal opinion on whether a search committee using a survey “conducted off the record, outside of a meeting, and anonymously submitted by the committee members to a third party” is consistent with Florida’s Sunshine Law.

The Sunshine Law provides public access to local and state governmental affairs in Florida.

In early July, FAU had come up with three finalists for a new president, but they also are at a standstill. They are Jose Startarelli, former chancellor of the University of North Carolina Wilmington, Vice Admiral Sean Buck, superintendent of the United States Naval Academy, and Michael Hartline, dean of the College of Business at Florida State University.

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[1] Url: https://floridaphoenix.com/2023/09/11/fau-presidential-search-still-in-holding-pattern-attorney-general-may-or-may-not-get-involved/

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