In Leadership Fight at U. of Louisville, Uncertainty Reigns

Timothy D. Easley, AP Images

After months of speculation and controversy, James R. Ramsey stepped down last week as president of the University of Louisville.

But his departure has done little to ease uncertainty about the institution’s leadership and governance.

Gov. Matt Bevin threw Louisville’s governing board into disarray in June, when he disbanded it and ordered that a new board take its place. But last week, just over a day after Mr. Ramsey had agreed to resign, a judge granted a bid by the state’s attorney general to halt the governor’s action, saying that it had raised “profound issues” about university governance and the separation of powers under the state’s Constitution.

The judge’s order amplified many of the questions that had been swirling since Governor Bevin, a Republican, announced his shake-up. As the governor and others battle over questions about the board’s authority, the university finds itself without a permanent president, provost, or vice president of its medical operations. In addition, a half dozen of the university’s deans are serving in interim roles. Louisville’s interim provost, Neville G. Pinto, has been appointed interim president.

“It’s a mess — a bit of a public-relations nightmare,” said Terry L. Singer, a former dean of the Kent School of Social Work at Louisville.

Mr. Singer praised Mr. Pinto’s work as interim provost. But the instability in the top ranks of the institution is taking its toll on the university, according to Mr. Singer and others who said they feared the controversy would deter potential donors and employees.

While the university has recruited a new dean for the school of social work, Mr. Singer said, the trustees still must approve all hiring. “Even the budget has not been approved yet,” he noted. “That’s critical. We should have had a budget a long time ago.”

Battle of the Boards

Discontent over Mr. Ramsey’s leadership has been brewing for months. After 14 years as president, he was credited with raising the university’s profile, but he was also besieged by a long list of scandals.

He resigned last week to the interim Board of Trustees that Governor Bevin had appointed to replace the sitting board, which he called “operationally dysfunctional.”

Under the agreement signed by Mr. Ramsey and the chairman of the interim board, the president was to be paid nearly $700,000 for his resignation.

Shortly after Mr. Ramsey resigned, however, Judge Phillip J. Shepherd of the Franklin County Circuit Court issued a temporary injunction against the new board and rejected the governor’s actions.

Judge Shepherd wrote that the governor’s orders may represent undue political meddling in academic affairs, not only violating state law but also endangering the university’s accreditation.

If the governor’s interpretation of state law is correct, Judge Shepherd wrote, “he could, unilaterally, by executive order, merge the University of Kentucky with the University of Louisville. Or the governor could merge all public universities into one institution with a board of trustees appointed entirely by himself.”

Samuel A. Marcosson, a professor at the university’s Brandeis School of Law, said the ruling indicates that the attorney general, Andy Beshear, a Democrat, will eventually prevail in a lawsuit against the governor’s orders. “Judge Shepherd rejected, across the board, virtually everything Governor Bevin asserted as the basis for his actions,” Mr. Marcosson said.

One question the ruling leaves open is whether Mr. Ramsey’s resignation to the interim board will stand, Mr. Marcosson said.

Because the injunction was issued after the interim board accepted the president’s resignation, the interim board did not violate the judge’s order, Mr. Marcosson said. But Judge Shepherd left the door open for future legal challenges to the agreement.

Russell L. Weaver, another professor at Louisville’s law school, said questions about the interim board’s standing are a real problem. If the interim board is invalid, Mr. Weaver said, “then it’s not clear how they have the authority to accept the resignation and approve a nearly $700,000 buyout.”

Mr. Weaver is also less certain that the attorney general will eventually win his lawsuit against the governor.

“This is hardly a final decision and really means chaos for the next six months,” he said.

In a written statement on Tuesday, the governor blasted the attorney general’s lawsuit as “politically motivated.” But he has not yet decided whether he will appeal the ruling, said his spokeswoman, Amanda Stamper.

If he does appeal, it will most likely be taken up quickly by the state’s Supreme Court, which could essentially make Judge Shepherd’s injunction permanent or send it back to the lower court for more proceedings, Mr. Marcosson said in an email.

No. 1 Desire: ‘Stability’

For the time being, the university is trying to move forward.

Steve Pence, a lawyer representing Mr. Ramsey, said in an email that the former president “intends to enforce the terms” of his agreement.

Larry Benz, the chairman of the board that the governor sought to replace, said he was considering when the members could meet again to begin some committee work. Under the terms of a separate legal settlement reached in March, the board has limited authority to act until Governor Bevin appoints two new members who are members of minority groups.

“My number one desire is to get stability; a duly constituted board that will be around for a few months without fear of legal action,” Mr. Benz wrote in an email.

Mr. Pinto, the interim president, was not available for an interview, his spokeswoman said. But he issued a written statement saying that the “last few months have been challenging for our entire campus community” and thanking the faculty, the staff, students, and alumni for their continued support of the university.

R. Charles Moyer, a former dean of the university’s College of Business, said the damage had already been done by years of controversy. In particular, Mr. Ramsey’s high salary from the university foundation has made faculty members resentful and some donors wary of continued giving, Mr. Moyer said.

The number of leadership vacancies could have a silver lining, he said, because a new president could quickly fill those positions with his own appointees. “I’m working under the assumption that we hire a great president,” Mr. Moyer said.

Eric Kelderman writes about money and accountability in higher education, including such areas as state policy, accreditation, and legal affairs. You can find him on Twitter @etkeld, or email him at eric.kelderman@chronicle.com.