Statesman

Issue date: 3/3/10 Section: News

Media Credit: Joe Olivieri

Chancellor Kathryn A. Martin went above a UMD bylaw when she reassigned a popular vice chancellor this past summer; however, the UMD bylaw she ignored is not consistent with a Board of Regents policy that supersedes it.

According to UMD's bylaw, senior officers are entitled to a "fixed term of three years." The vice chancellor that was reassigned was hired on a yearly renewable contract and only served two years. This bylaw is essentially meaningless due to a Board policy that overrules it.

"College constitutions are not intended to be and are not part of the contract terms or the conditions of employment for any University employee," the Board policy states.

"The University of Minnesota Duluth Constitution, to the extent it purports to dictate employment terms, is inconsistent with this Board policy," University of Minnesota Spokesman Dan Wolter wrote in an e-mail. "Board policy supersedes any inconsistent college-level policy."

UMD's bylaw also conflicts with the University of Minnesota administrative policy regarding the appointment of professional and academic employees, which states, "Those employees on limited appointments (such as the vice chancellor) serve solely at the discretion of the responsible authority (in this case the chancellor)."

Minutes from the campus assembly (governance body for the campus) do not indicate an amendment to the bylaw. Further, a footnote at the end of UMD's constitutiontion indicates that the approved constitution was submitted to University of Minnesota officials.

"In the University's view, no policies or guidelines have been violated," Wolter wrote in an e-mail.

The discrepancy in policy was discussed Tuesday at the Executive Committee meeting. Members on that committee include the chancellor along with other professional staff, faculty, students and civil service persons.

According to Student Association President Josh Gillson who was present at the meeting, nobody in attendance knew about the bylaw, including the chancellor who has been at UMD for 14 years.

"Everybody was concerned," Gillson said.

The Executive Committee is now considering changing the constitution and going over it with a fine-tooth comb, according to Gillson. Human Resources will work out a proposal to bring to the next campus assembly meeting for approval on April 13.

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