Rutgers Trustees, Union, Professors Oppose Bill Calling for End of Board of Trustees

The Rutgers University Board of Trustees reaffirmed its opposition to a bill that could possibly go for a vote before the assembly today that would eliminate the BOT and put the power of governance in the hands of the University’s Board of Governors.

That bill, Bill S2902, has been added to this afternoon's Senate session agenda, with a status of "second reading."

In a resolution passed Wednesday night, the Board of Trustees called the bill unconstitutional, and an illegal attempt by the State to interfere in the University’s governance.

They went on to say Rutgers is an autonomous and self governing body that should be free of partisanship. Should the bill be passed, the Board of Trustees will seek an injunction against its application.

On Tuesday, Senate President Stephen Sweeney introduced Bill S2902, which would take power away from the Board of Trustees and transfer all powers of governance to the Board of Governors.

Bill A4315 is the companion bill, and both have gone straight to second reading.

“Proposed legislation pending in both houses of the Legislature would place full control of Rutgers University in the hands of political appointees who could have no connection, allegiance or affinity for the university – an approach that has failed at other public institutions in the state,” the Board of Trustees said in a prepared statement. “The current governance structure of Rutgers is purposely designed to be free of partisanship and to maintain excellence in higher education.

“Throughout its existence, the Board of Trustees has exercised balanced and independent leadership representing the interests of all stakeholders committed to Rutgers University’s future. This includes the interests of the more than 225,000 Rutgers alumni who live and vote in New Jersey – and whose voices are strongly represented on the Board of Trustees.”

The Board went on to claim the legislation could halt a proposed merger between Rutgers and the University of Medicine and Dentistry New Jersey (UMDNJ).

“ Last year, the Rutgers Board of Trustees acted as a voice of reason, representing the views of the vast majority of New Jersey citizens, to protect the integrity of Rutgers as the State University of New Jersey in the face of significant political pressure,” the Board said in the statement. “ … The legislation is wrong for Rutgers, wrong for higher education and wrong for the State of New Jersey. If this legislation is enacted, Rutgers will take legal action to overturn it, and we are confident that we will prevail.”

The Board of Trustees was established in 1766. The Board of Governors was established in 1956.

The Rutgers Faculty Union also stands by the Board of Trustees.

“We join President Barchi, the Board of Governors, the Board of Trustees
and the rest of our Rutgers community in opposition to this over-hasty
measure,” they wrote in a statement Wednesday night.

Additionally, Ronald K. Chen, Acting Dean, Rutgers School of Law-Newark, and Robert F. Williams, Distinguished Professor of Law, Rutgers School of Law-Camden, wrote a letter to members of the Senate and General Assembly emphasizing the need for the Board of Trustees to help the University maintain autonomy and act as an advisory board for the Board of Governors.

They said the elimination of the Board of Trustees would leave Rutgers with a Board of Governors “whose voting membership is comprised completely of political appointees” to govern over the University.

“This action would constitute an attempt by the State to impair the obligations of its own contract, in violation of the Contracts Clauses of both the United States and New Jersey Constitutions,” Chen and Williams wrote.

They conclude by writing:

“While we believe that S2902/A4315 would be found unconstitutional in either federal or state court, such litigation would be costly and destructive to the goals we all share of promoting higher education in New Jersey. Even universities as large and ancient as Rutgers can be fragile institutions whose reputation and legitimacy can be easily diminished if not protected against the ebb and flow of political tides. Academic freedom and autonomy are the basic pillars that allow a university to maintain its credibility as a center of learning and scholarship. As currently formulated, however, S2902/A4315 threatens that freedom and autonomy, and we urge the Legislature to consider carefully the consequences of such a radical restructuring of an institution that has, in the last 50 years, become a global center of learning of which New Jersey can be justly proud.”