Penn State Board of Trustees: Bylaws Changes

PSUFTG2

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I doubt that very many have read the entire 60 page document of the Bylaws (what university has 60 PAGES of Bylaws?)
So - Cliff's Notes version:

1) Eliminates ability of Alumni to elect their representatives to the Board of Trustees. Historically, Alumni elected 9 of the Trustees (of the 36 members of the Board). They did so by first nominating candidates for a spot on the ballot - and then holding elections where the top 3 vote getters earned 3-year terms on the Board.
These new Bylaws now mandate that a small committee of the Board - all of whom are selected by Chair Matt Schuyler - will pre-select a group of candidates of THEIR choosing, and the alumni will then select among those options.
Picture Moscow elections circa 1960s.

This is included in Bylaws Appendix: Section 1: Part 2 f)

2) Forbids trustees from expressing differing opinions or viewpoints - or to be critical of Board actions. With the punishment imposed on those who transgress being removal from the Board.

Bylaws Section 2.04 b&c) and Section 2.03 c)
and
Bylaws Section 2.02 c) and 2.05

IMO, this set of new Bylaws violates the 1st Amendment

3) Allow the Chairman to determine and censor which trustees receive what University information (financial records, etc).
I believe these Bylaws clearly violate existing PA State Law.

Bylaws Section 2.03 e)

4) The Bylaws will now concentrate power to control the University to a small subset of the Board (the Executive Committee) - a small group all selected by Chair Matt Schuyler. That committee operates in complete secrecy, In secrecy even from the other trustees.

Bylaws Section 3.02

Regardless of the extent to which these new Bylaws may violate State Law and Constitutionality, they were pushed through by Board leadership. So the only way to oppose them will be through the Courts.

As many of you might know, I am doing exactly that.

The full Bylaws here:
https://bpb-us-e1.wpmucdn.com/.../07/Bylaws-2024-July.pdf
 

BobPSU92

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Does Brandon Short post here? He stated that he voted for the changes because there were more good than bad changes and I'd like him to tell us about the good changes.

He posted a while back when he was seeking votes. That may have been on the previous McAndrew Board. It was a while ago. He didn’t post here seeking votes during the most recent election.
 
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Bob78

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Only Manchurian Candidates need apply.
And their Stepford Wives.

What an embarrassment for Penn State and Penn Staters everywhere - closing the iron curtain on any and all decisions made by the ruling few, all because a minority of BOT members over the last 12 years asked some meaningful questions.
36 BOT members, but looks like maybe 6 or so will control it all. The others are just window dressing, enjoying the perks of privilege.
Sad thing is, even if they were doing the absolute best job anyone could ever hope for, anyone with the ability to think independently will automatically be suspicious and discount their decisions, their communication, and their actions. Disenfranchising tens of thousands of Alumni will do that.
 

Keyser Soze 16802

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Only Manchurian Candidates need apply.
And their Stepford Wives.

I see you've met the Riegels
Disenfranchising tens of thousands of Alumni will do that.
There are plenty of exceptions of course but I believe the majority of Boomer and Gen X alums have been disenfranchised starting in 2011. PSU needs to hope Millenials and Gen Z alums eventually fill the void.
 

Erial_Lion

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My favorite part of reading this is the difference in Section Two between Alumni, at-large, B&I Candidates, etc (under 2) and the Governor appointee (under 3)...

For the non-Governor appointee, it states: (b) Undergo a standard background check, the results of which shall reflect no criminal convictions or pending criminal matters.

For the Governor appointee, it states: (i) Undergo a standard background check, the results of which reflect shall no felony convictions or pending criminal matters.

Was this an oversight, or are they seriously saying that everyone else must have no convictions, but the Governor appointee just needs to avoid the FELONY convictions?
 

Bob78

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Oct 12, 2021
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I see you've met the Riegels

There are plenty of exceptions of course but I believe the majority of Boomer and Gen X alums have been disenfranchised starting in 2011. PSU needs to hope Millenials and Gen Z alums eventually fill the void.
I know Rick. Don't know Tracy other than to have met her once.
I worked with Rick and I respect and like him, but he and I see the whole response to Nov 2011 far differently.
They are friends with Ken Frazier, so there's that. That may have framed some of how he viewed/views the overall 'thing'.
 
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Midnighter

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Oct 7, 2021
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I doubt that very many have read the entire 60 page document of the Bylaws (what university has 60 PAGES of Bylaws?)
So - Cliff's Notes version:

1) Eliminates ability of Alumni to elect their representatives to the Board of Trustees. Historically, Alumni elected 9 of the Trustees (of the 36 members of the Board). They did so by first nominating candidates for a spot on the ballot - and then holding elections where the top 3 vote getters earned 3-year terms on the Board.
These new Bylaws now mandate that a small committee of the Board - all of whom are selected by Chair Matt Schuyler - will pre-select a group of candidates of THEIR choosing, and the alumni will then select among those options.
Picture Moscow elections circa 1960s.

This is included in Bylaws Appendix: Section 1: Part 2 f)

2) Forbids trustees from expressing differing opinions or viewpoints - or to be critical of Board actions. With the punishment imposed on those who transgress being removal from the Board.

Bylaws Section 2.04 b&c) and Section 2.03 c)
and
Bylaws Section 2.02 c) and 2.05

IMO, this set of new Bylaws violates the 1st Amendment

3) Allow the Chairman to determine and censor which trustees receive what University information (financial records, etc).
I believe these Bylaws clearly violate existing PA State Law.

Bylaws Section 2.03 e)

4) The Bylaws will now concentrate power to control the University to a small subset of the Board (the Executive Committee) - a small group all selected by Chair Matt Schuyler. That committee operates in complete secrecy, In secrecy even from the other trustees.

Bylaws Section 3.02

Regardless of the extent to which these new Bylaws may violate State Law and Constitutionality, they were pushed through by Board leadership. So the only way to oppose them will be through the Courts.

As many of you might know, I am doing exactly that.

The full Bylaws here:
https://bpb-us-e1.wpmucdn.com/.../07/Bylaws-2024-July.pdf

Agree with you on all this but don’t believe this is a first amendment violation - that only applies to the federal government censoring your right to free speech. PSU is a non-government/federal entity as far as I know.
 

PSUFTG2

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Agree with you on all this but don’t believe this is a first amendment violation - that only applies to the federal government censoring your right to free speech. PSU is a non-government/federal entity as far as I know.
I believe that is a key issue. At question, I believe, is whether PSU falls under the guidelines as a State-Related institution.
I'm not a lawyer, but I believe states (as in each of the 50 states) fall under the doctrine as per the 14th amendment.
 
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Midnighter

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I believe that is a key issue. At question, I believe, is whether PSU falls under the guidelines as a State-Related institution.
I'm not a lawyer, but I believe states (as in each of the 50 states) fall under the doctrine as per the 14th amendment.

Given what they get away with as is, my guess is wouldn’t apply to them.
 

GrimReaper

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Agree with you on all this but don’t believe this is a first amendment violation - that only applies to the federal government censoring your right to free speech. PSU is a non-government/federal entity as far as I know.

I believe that is a key issue. At question, I believe, is whether PSU falls under the guidelines as a State-Related institution.
I'm not a lawyer, but I believe states (as in each of the 50 states) fall under the doctrine as per the 14th amendment.
First Amendment applies to public institutions of higher learning. The Department of Education considers PSU to be public.
 

Midnighter

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First Amendment applies to public institutions of higher learning. The Department of Education considers PSU to be public.

rob lowe GIF


So, do they distinguish between the university and the BOT, elected members vs employees vs students, etc.?
 

GrimReaper

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rob lowe GIF


So, do they distinguish between the university and the BOT, elected members vs employees vs students, etc.?
The BoT is not a separate legal entity and is part of PSU. Public universities are allowed to restrict expressions that are defamatory, interfere with the university's functioning etc. Federal courts tend to apply these exceptions narrowly and look askance at ex ante attempts to enforce them. Somebody got some bad legal advice. Now the question becomes does someone have the time and money to challenge it.
 

BobPSU92

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Oct 12, 2021
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The BoT is not a separate legal entity and is part of PSU. Public universities are allowed to restrict expressions that are defamatory, interfere with the university's functioning etc. Federal courts tend to apply these exceptions narrowly and look askance at ex ante attempts to enforce them. Somebody got some bad legal advice. Now the question becomes does someone have the time and money to challenge it.

Next up: BoT, Inc.