Vlogٷ

Resolution Calling for the Revision of Policies Pertaining to the Appointment of Interim Executive Managerial Positions

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Presented to the Mānoa Faculty Senate by the Committee on Administration and Budget (CAB) for a vote of the full Senate on February 16, 2022, a resolution calling for the revision of policies pertaining to the appointment of interim executive managerial positions. Approved by the Mānoa Faculty Senate on February 16, 2022 with 42 votes (87.50%) in support; 6 votes (12.50%) opposed; and 4 abstentions. 

RESOLUTION CALLING FOR THE REVISION OF POLICIES PERTAINING TO
THE APPOINTMENT OF INTERIM EXECUTIVE MANAGERIAL POSITIONS

WHEREAS, the Mānoa Faculty Senate has directed that the Committee on Administration and Budget (CAB) “shall review […] the procedures for filling [major] positions” and “shall monitor the administration’s actions to ensure that they are open and give ample opportunity for faculty consultation and shall review University policies regarding academic decision making and policy development and propose modifications as required[1]”; and,

WHEREAS, the University of Hawai‘i Professional Assembly (VlogٷPA) and the Board of Regents (BOR) entered into an agreement that spans from July 1, 2021 through June 30, 2023 (hereafter referred to as “2021-2023 VlogٷPA-BOR Tentative Agreement”)[2], which reconfirms in section R-20 that which appeared in earlier contracts:

Acknowledging that “some faculty consultation may occur at the department level”, […] “the University
will refer the following topics to Senates, or, where noted, to other shared governance entities. […]

8) Participation in recruitment, selection, and evaluation of academic executive leadership at the campus and
the system level. This responsibility may also be shared with other shared governance entities.”; and,

WHEREAS, existing Executive Policy (EP) 9.212 states that an Executive Managerial (EM) position can be filled without a search process “when filling a position on an acting or interim basis up to one (1) year”[3]; and,

WHEREAS, individuals have held interim EM positions for periods significantly longer than one (1) year[4], violating EP 9.212; and,

WHEREAS, “E” appointments are individuals with demonstrated knowledge, ability and experience at the policy level to provide leadership, while “M” positions should have demonstrated knowledge, ability and experience in implementing policy, and therefore the EM appointments should be differentiated accordingly; and

WHEREAS, the appointment of an interim EM position without inviting or considering faculty feedback, especially from the unit(s) the interim EM will be overseeing, violates section R-20 of the 2021-2023 VlogٷPA-BOR Tentative Agreement; and,

WHEREAS, faculty are concerned that the use of interim EM appointments circumvents open hiring processes, disallows faculty input and feedback, avoids transparency and accountability and possibly promotes cronyism, while starving units of effective, necessary long-term planning and leadership; and,

WHEREAS, previous interim EM appointments often resulted in an automatic and significant increase in salary, and a transparent process helps ensure the best possible interim EM appointments and salaries commensurate with demonstrated knowledge, abilities and experience  to perform in the position; and,

WHEREAS, having an established process regarding the solicitation of faculty feedback on the appointment of Interim EM positions will increase transparency and trust in the appointment process, and instill greater confidence among the unit’s faculty and staff, providing the individual with greater support to effectively lead their unit(s),

THEREFORE, BE IT RESOLVED that the Mānoa Faculty Senate supports the revision of the Board of Regents and/or Executive Policies concerning interim EM position hiring and appointment; and,

BE IT FINALLY RESOLVED that the Mānoa Faculty Senate supports the following procedures for inclusion within any Interim EM policy created:

  1. The interim EM should be appointed from within the affected unit(s) or, if there are no qualified applicants, from a closely related field.  In all cases, the interim EM shall be a current Vlogٷ employee.
  2. When needing to make an interim EM appointment, the supervisor responsible for appointing the position will provide the names and CVs of no less than three individuals to the unit(s) that the position would oversee, as well as to the Mānoa Faculty Senate, and solicit feedback from both the unit(s) and the Senate regarding the proposed candidates. At the same time that the names are initially circulated, each candidate may provide a statement of priorities for the affected unit(s) to take into consideration.
  3. If feedback regarding the interim EM candidates is to be forwarded, then the unit(s), in addition to the Mānoa Faculty Senate, must provide feedback within a reasonable, agreed-upon time period.
  4. If the supervisor’s appointment differs from the recommendation made from the affected unit(s), and/or the Mānoa Faculty Senate, the supervisor must provide a written statement at the time of making the appointment outlining the reasons for selecting a different candidate.
  5. No interim EM appointment may last for more than one year from initial appointment; however, an interim EM appointment may be renewed on an annual basis if (1) extenuating circumstances arise, (2) a written plan for filling the position permanently is shared with all affected units, and (3) the affected unit(s), in addition to the Mānoa Faculty Senate, approve the extension of the interim EM’s appointment.
  6. A public search process for a permanent replacement must commence within six months from the interim EM appointment date; however, if (1) extenuating circumstances arise, (2) a written plan for filling the position permanently is shared with all affected units, and (3) the affected unit(s), in addition to the Mānoa Faculty Senate, agree to the proposed plan, then this section may be waived.
  7. If a permanent EM appointment has not been made within one year from the start date of the interim EM position, or a search has not commenced within 6 months of the initial interim EM appointment, the supervisor of the interim EM shall solicit from the affected unit(s) a list of no less than three names of qualified individuals (which may include the current interim) from which the supervisor must select an immediate replacement interim prior to starting the process anew.
  8. Any interim EM appointment (including but not limited to provost, vice-provosts, deans, directors, hybrid executives, etc.) must be subject to a consultative process, as defined by R.20 of the VlogٷPA Agreement.  An executive may not circumvent such procedures for reasons such as the appointee belonging to his/her cabinet and therefore he/she is free to choose whomever he/she wants. EM salaries often significantly exceed those of faculty and are paid with public funds; therefore, accountability and transparency must be clearly evident in the event of a legislative audit.
  9. Interim EM salaries should be commensurate with the appointee’s qualifications and experience, not simply the positions they hold. To do otherwise violates EEO/AA practices.

Finally, all EM positions, permanent or interim, must post their full CVs on the respective websites with dates of degrees, grants, honors and publications, if applicable. This is consistent with the BOR and administrative requirements for faculty.

[1]

[2]

[3] Executive Policy 9.212

[4]Including, interim deans of Outreach College (10 years) and the School of Travel Industry and Management (various deans for 20 years); interim vice chancellors for  Academic Affairs, Student Affairs and Research, and the equivalent interim vice provosts (9-10 years); and interim deans of the School of Architecture and of the College of Arts and Humanities.