Friday, August 03, 2007

Todd Zywicki on the Agreement

In today's Dartmouth, there is an editorial by alumni Trustee Todd Zywicki '88 on the legal status of the 1891 agreement between the Alumni Association and the Board of Trustees. This is the agreement which established the current balance between alumni and charter Trustees.

The meeting minutes where the agreement was presented to the Association, with a detailed description of the agreement, are available here.

A Philosophy for Board Compostion and Selection

Alumni are weighing in with opinions as to the participation of alumni on the Board of Trustees, and in selecting a portion of its members. The following paper was written after the trustee study was revealed to the Alumni Council in May, and was submitted to the trustees after their subsequent request for input. It is shared here because its author wants to spur constructive discussion among alumni as to the inter-related issues. Surely opinions by alumni, as well as decisions by the trustees, must have some underlying framework to serve as their guide. The paper is an individual piece and is not meant to be a statement of overall alumni opinion or that of the Executive Committee.

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On the Dartmouth Board of Trustees Composition and Selection- A Working Paper:

Tim Dreisbach, 4 June 2007; Revised July 3, 2007.

The Board of Trustees has indicated that its Governance Committee is studying this important topic and looking for inputs to inform their deliberations. Concerns have been raised as to problems with the status quo. This paper provides some thoughts on the topic and addresses the apparent concerns.

Fundamental composition: Dartmouth’s mission has recently been re-articulated as the education of the next-generation of societal leaders. Who better to judge how well the College is performing on this mission than the alumni it has already educated? They will surely be in the best position, with the benefit of hindsight and judgment, to assess where it has helped them, where it failed, and how it can be improved. Therefore the mission of the institution is furthered when its alumni participate, indeed lead, in its governance. Given this fundamental first-principle, trustees who represent the collective thinking of all alumni should constitute a material portion of the Board. The 50/50 balance of alumni-selected and board-appointed trustees has proven itself over a long time.

The “best” individuals: It has been stated repeatedly that an institution of Dartmouth’s caliber, and one with inspirations for further excellence, needs the “best” individuals as Trustees. Correct in spirit, this leaves open the question of how “best” is defined. A better way of framing the issue is that the Board needs those “most appropriate” to needs, first those needs of the institution itself, and second, those needs of the Board. As noted above, the first need of the College is to have trustees able to guide its execution relative to its mission, and those in the best position to assess that, viewed over a strategic timeframe, are the alumni.

Special needs: Clearly there are cases when the institution and the trustees have special requirements. These are not rigid but will change over time. In this narrow sense, the composition of the Board is complex and in need of regular re-evaluation. But special needs should not be used as an argument to alter the strategic fundamental composition.

Selections by the Board: There will undoubtedly be cases where special needs exist, but they are of a sensitive enough nature that a public discussion, and the search to find an “appropriate” trustee with the proper background and expertise, is best conducted in confidence. That is the purpose of the “charter trustee” seats whose appointments are made solely at the discretion of the Board. Examples are provided at the end of this document.

Selections by alumni: As noted above, alumni will assess and chose those people they feel most appropriate to the needs of the institution. The trustees and the administration have an obligation to complement that understanding by informing alumni of the Board’s own needs, when these can be openly addressed. For example, John Doe is stepping down and we need to replace his financial expertise, or Jane Smith is ending her term, and we have come to value her understanding of curricular issues. Then the alumni can fold such considerations into their own thinking.

The alumni nomination process: While thoughtful and educated alumni are well-positioned to chose the most appropriate individuals, the latter persons might not step forward of their own accord. Therefore there is a need for at least one group, a nominating committee, to identify such individuals and encourage them to participate. The committee itself must both be representative of alumni, and sensitive to needs of the board and the institution. It is suggested that its members be comprised of alumni elected by all alumni, i.e. the Association of Alumni, just as these members of the Association ultimately select a single trustee from among potentially-several nominated candidates. The nominating committee should consult with the Board, the Administration, the head of the faculty, and even student leadership, to insure the committee’s understanding of needs and thereby inform its own search for candidates; the committee should also inform alumni as to the needs it believes important, for their consideration when voting. In the past the Council has tried to offer the “best” candidates without exploring institutional “needs” or alumni “concerns”; that is why the candidates it offered fail to connect with voters. Since the Council is itself an organization of volunteers, it is not surprising that they make service an overwhelming requirement with less consideration to what is “most appropriately” needed.

Offering alumni choices: When the nominating committee senses that there are conflicting views as to the priorities of needs, they should put forward several candidates so alumni can decide on the priorities. They may also wish to offer alumni a choice of different individuals with different approaches to addressing the same concerns. Again, it is then up to the alumni to make the final determination. Furthermore, other groups may wish to put forward candidates. The Alumni Council may wish to recommend one or several candidates. Ditto independent alumni organizations like the Hanover Institute. Indeed, perhaps even the Trustees themselves. And finally of course, any alumnus/na should be free to put him or her self forward for alumni consideration. To insure fairness and choice, all such people and groups should not be subject to the vetting considerations of a small nominating committee, even an elected one, but instead have the right to place a name on the ballot through petition.

Money and campaigning: One complaint about our current system is that money, or its lack, creates an uneven playing field. Alumni should be informed and make decisions based upon issues. This objection is eliminated if all candidates are afforded sufficient and equal opportunity to communicate their stances through Association or College-provided resources. This means more than Q&A’s in which the candidates respond without being able to raise issues they believe important, and campaign statements having severely restricted word lengths; they must be able to control what they wish to communicate. Give all candidates access to a common mailing that includes whatever materials they wish and support them equally in creating web pages. Further “speech” by candidates that does require financial support should not be restricted, as alumni should be trusted to sort issues from slick marketing PR.

Political Parties: Political parties gain power when their resources are required for individual candidates to get out their message, and even to get on the ballot in the first place. The solution lies in making it easier for more people to run as individuals. There is a balance between giving alumni choices, and permitting so many candidates that confusion abounds, let alone the complications when affording all candidates a basic means of communicating their messages. This is accomplished today by requiring 500 signatures for petition candidates. Arguably that number is too high. It has resulted in what today is essentially a two-party system… an “inside” party of non-elected nominators, and a single “outside” party that puts forward a single candidate. Claims that obtaining petition signatures is no problem are inconsistent with complaints about the mailing-list power of the “outside” group, and are further disproved by the fact that a potential candidate in the last election could not obtain sufficient signatures. The limit should be lowered to 100, enough to be obtained by a serious candidate with limited resources. This is also a number that would enable the Council, if it desired, to put forward nominees in parallel with an elected Association nominating committee. Democracy works, the playing field even, if all candidates are then treated exactly the same once their candidacies are approved to be on the ballot, without regard to their nomination by official committee, by another group via petition, or running as an individual.

Addendum: Hypothetical Examples Relevant to Charter Appointments

The College is in the middle of a capital campaign: the Board will benefit from an individual whose leadership-level of giving will promote similar major donations by others.

The College is responding to a consultant study recommending more accountability and less bureaucracy: the Board will benefit from a CEO from a similar-sized organization but in a fast-paced competitive knowledge-based industry.

The College is entering the quiet initial stages of a search for a new president: the Board will benefit from someone well connected in the circles of higher-education, with a network of other college/university presidents and provosts.

The College is challenged to attract distinguished faculty without being able to offer “relief from teaching” that can be offered to “the best” by large research universities: the Board and the president may benefit by including among its members the president of a leading college that has no graduate programs yet is renown for academic excellence, or by including someone from a larger institution cognizant of the pitfalls.

Thursday, August 02, 2007

The One-Minute Survey

This discussion topic is initiated by Scott Meacham '95:



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The Association recently sent out a survey, reproduced below. What are your comments on its contents and the potential results?



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LET YOUR VOICE BE HEARD!

Dartmouth College Association of Alumni One-Minute Survey



Please indicate whether you agree or disagree with the following:



"I believe that the Board of Trustees should maintain the current balance of 50% charter trustees and 50% directly-elected alumni trustees (excluding the two ex officio positions)."



AGREE DISAGREE



"I believe that any concerns with the process of electing alumni trustees should be referred to the leaders of the Association of Alumni, as those representatives are duly-elected by all alumni to represent alumni interests, especially alumni participation in the trustee selection process."



AGREE DISAGREE



Please affix a stamp and drop this into the mail as soon as possible!

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Posted at the request of Scott Meacham '95

Disclosure of Executives' Possible Connections with the Hanover Institute

The following topic for discussion is initiated by Scott Meacham '95:



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The Hanover Institute is a nonprofit group that solicits funds from alumni and seeks to influence the direction of Dartmouth. It took positions in favor of individual candidates in the last election for Executives, supporting Frank Gado and others who eventually won, and it took positions for and against particular candidates for the Trustee race, supporting Stephen Smith. John MacGovern, who recently concluded a lawsuit against the Association of Alumni, is the Institute's president, has been described as its sole employee, and collected two-thirds of its operating expenses as salary in 2004, according to The Dartmouth.



At least one member of the recently-elected Executive Committee of the Association of Alumni, Frank Gado, was described by The Dartmouth as a member of the board of the Hanover Institute in August of 2006. Gado did not note any past or present Institute affiliation in his "Candidates Gallery" biography prior to the Association election, which was held in April and May of 2007, and no other candidates appear to have noted any Institute affiliation.



Here are some concerns that the Executives and others might be able to lay to rest as they work to represent alumni interests:



1. Did any then-member of the Institute's board win a seat on the Association's Executive Committee in the recent election?- If so, how many of those received the Institute's endorsement?



2. Was Frank Gado or any other present Executive a member of theInstitute's board during the campaign for his current Association position?- If so, did he or they disclose the Institute membership to the voters?- Did he or they consider that membership to represent a conflict of interest, and, if not, why?



3. Is any current member of the Executive Committee a member of the"1891 Society" or any other group, not recognized as a traditional alumni club, that might be dedicated to influencing the Board of Trustees?



Thanks,

Scott M. '95

Wednesday, August 01, 2007

A Letter from the Honorable Angus King '66, former Governor of Maine

The Honorable Angus King ’66, former Governor of Maine, recently sent a letter to Mr. Ed Haldeman, Chairman of the Board of Trustees, regarding the board’s Governance Committee study of board composition and selection. A copy of that letter appears below.

Mr. King provided a copy of his letter to Trustee Stephen Smith, ’88, with permission to use it as he saw fit. Mr. Smith believes it is a thoughtful articulation of concerns, and that it would be valuable if shared with other alumni.

We recently promised to help any alumnus initiate new discussion topics, in order to provoke thought and encourage dialog with fellow graduates, as described here. Accordingly, the following is posted on behalf of alumnus Smith:

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From the Desk of:
Angus King ‘66

To:
Ed Haldeman, Chairman, Board of Trustees

Dear Ed,

I am Angus King, Dartmouth '66. After graduation, I went on to Virginia Law School and progressed from law to business to politics (if one considers ending up in politics progress), serving as Governor of Maine from 1995 to 2003. I have always cherished my experience at Dartmouth and have stayed close to a number of my friends from those days. I have also had two sons graduate from the College, Angus III in 1993 and James, '98.

I write as one of the Alumni who has been on the sidelines during the various controversies and contested elections of the past several years but who, in the end, has voted for the "independent" candidates for trustee and against the changes proposed in the alumni constitution last year. I understand now that the Governance Committee of the Board is contemplating proposing changes in the manner of the selection of trustees and a possible dilution of the role that the Alumni have historically played in this selection process.

I am writing to urge you not to undertake such an effort. It would be extremely disruptive of the traditionally strong relationship between the College and her alumni and, I believe, would ultimately only harm the College and her mission.

I have read the various materials on the College's website with regard to this matter, including your letter, the FAQ and the memo from the Governance Committee, and find them uniformly unpersuasive as to the need for such a process at this time. To an outside observer, the conclusion is inescapable that the real motivation for this project is the fact that insurgent candidates keep winning and that the changes in the constitution last year failed.

I realize that these events must be frustrating to many of the trustees and certainly to the College's Administration, but suggest that a better response than an alteration of the rules would be to listen to and try to understand the reasoning and motivation of those who keep electing dissident (if that is the right word) trustees.

The issue for me (and, I suspect for many others) is really quite simple: we believe that Dartmouth's proper mission is to be the very best undergraduate college in the world and not a second-tier research university. Given her history, resources, size, student body, reputation, faculty, traditions, and a host of other qualities, Dartmouth could be the best college on the planet. Not one of the best, not in the top five, but the very best--and with proper leadership and focus, this goal is eminently attainable.

Instead, the Administration over the last twenty years or so--first under President Freedman and now under President Wright--seems intent upon trying to compete with Harvard, Yale, Princeton, Stanford and others as a small scale research university. We should compete with them, to be sure, but the competition should be between alternative views of the best setting for a quality undergraduate education, not head-to-head as essentially equivalent institutions. In the latter competition, we inevitably lose and, ironically, the muddy focus which results from this pursuit diminishes our chances of achieving the undergraduate pre-eminence that is realistically within our grasp.

This has nothing to with politics or ideology; there is no conservative or liberal position on this issue that I can discern. For me, it is simply a matter of Dartmouth realizing her highest potential and providing her students with the best possible educational experience.

There is much more I could say, but the above pretty well sums it up. I hope that with some honest dialogue (there are many good people on each side of these sometimes complicated questions), we can make Dartmouth even better and closer than ever to the loyal band of alumni which has, over the years, been such an important source of her strength.

If there is some way I can be of help on bringing the factions together and finding a mutually satisfactory solution to the present divisions, please don't hesitate to let me know. The inevitable bitter confrontation over a change in the rules would be disastrous, regardless of the outcome.

With appreciation for your service and dedication to the College and warmest best wishes,

Angus

Sunday, July 29, 2007

Alumni Responses Regarding the Trustee Governance Study

In a post titled Input Needed, Association of Alumni executive committee member David Gale noted that the trustee governance committee, a five member subset of Dartmouth's Board of Trustees, was studying possible changes to the composition of the Board, and to how trustees are selected. He also noted that the College had denied a request to support a mailing by your Association's leaders, recently elected in a vote open to all alumni, intended to inform Association members about the trustee study. That denial from the Alumni Relations office stated that, after consultation with both Dartmouth's president and Board chairman, communication on this topic by alumni Association leaders to their constituents was redundant with the College's own efforts, and thus unnecessary. Your executive committee has disagreed and proceeded to inform alumni without that support. David's post ended with a request that alumni provide input to the trustees, and importantly, share their thoughts with fellow graduates via this forum.

Inputs to date have been lost behind a chain of multiple anonymous posters, who were commenting more on peripheral topics than sharing their specific inputs to trustees. A few brave alums did identify themselves and provide such thoughts. Readers can see those comments by "fast forwarding" to the point where the substantive dialog began. PLEASE RETURN HERE if you want to share your own thoughts on this important topic!

To encourage a more productive format, alumni are asked to share further thoughts on these matters, including copies of their inputs to the trustees, on this new thread. In order to maximize the crediblity of the comments, and minimize diversions, only posts from those who identify their name and Dartmouth class will be allowed; all anonymous postings will be deleted. If someone does feel the need to post anonymously, they remain welcome to do so on the Input Needed discussion thread.

Update: Another member of the EC has objected to the suggestion that anonymous commenters, having been asked to use an alternate discussion thread, would have their comments below deleted. So be it. The intent was not to stifle voices, but to serve readers by keeping this one thread issue-focused and credible. New commenters are still asked to abide by the request for name/class identification on this particular discussion topic. With this as context, readers should take anonymous posts below as a conscious attempt to confuse alumni rather than to engage in meaningful discussion.

To get things started, here is a first response, extracted from a longer communication and copied here with the sender's permission:

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From the Desk of
Neil P. McCulloch '50

Sirs,

I am a member of the class of 1950. My brother, Sandy, was president [Chairman] of the Board of Trustees a few years ago, and he continues to serve the college admirably as head of the Dickey Foundation. He hired James Freedman, for better or worse, and he is a great friend of James Wright. I mean no criticism of my brother, but he and I do not always agree.

I received the letter from the Dartmouth Association of Alumni,reporting on the current intention of the Board's Governance Committee. I have the feeling that this committee is populated by a majority of well-meaning, but mis-guided individuals, who don't approve of the Alumni looking over their shoulders. To me, their "looking into" changing the size of the Board and the method of Trustee selection is an outrageous attempt to walk around (i.e., trample upon) the recent Alumni vote to quash the proposed constitutional amendment, supported by our current President [that would have changed election rules for trustee petition candidates].

The Alumni, of course, are the financial pillars of the college. They have a perfect right to vocal representation and participation concerning its affairs. Moreover, the presence of Alumni selected and elected Board members, among other advantages, replicates our Country's own constitutional system of checks and balances. God help us if that were not there. And let's not take it away from Dartmouth!

How dare [that] the Trustee's Governance Committee is still trying?

I have always given what I can afford, each and every year since I graduated. And Dartmouth is in my will. If this garbage continues, let alone becomes "the law," that will be all changed. I will still cheer for the "Big Green" and part of my heart will always be in Hanover. But my ongoing financial support of the college will cease.

All of us want only what is best for the college we love. I have watched what has happened at other Ivy colleges; I do not want the same for Dartmouth.

Sincerely,

Neil P. McCulloch '50

P.S. Feel free to air my views in any manner you choose.

P.P.S. On the windows of our cars, there are Dartmouth Alumni decals. On my rear license plate, there is a Dartmouth Alumni frame. (The front one is a New England Patriots plate.) I have two Dartmouth golf caps, a couple of Dartmouth T-Shirts, and a neat Dartmouth sweater (which I rarely wear in Florida). None of this makes me a better person, but it does make me feel good!



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