What a mess! — 04/26/08

Sat, May 17 2008

— Attorney General Jack Conway’s opinion that the Kentucky Council on Postsecondary Education violated state law by not conducting a national search for a new president is just that — an opinion. Unlike opinions by the attorney general’s office on matters involving open meetings and open records, Conway’s view on the legality of the CPE’s decision to hire interim President Brad Cowgill for the full-time post does not carry the force of law. Until a court rules the Council’s hiring of Cowgill was improper or the council opts to seek further for a new president, the former budget director for Gov. Ernie Fletcher will remain the top executive for higher education in Kentucky.
But Gov. Steve Beshear has made it clear that he does not want Cowgill — an attorney who once worked in the same law firm as Beshear — as the council’s president. As soon as Conway’s opinion was announced Thursday, the governor called on the council to conduct a nationwide search for a president and added that Cowgill should remove himself from consideration for the permanent post.
What a mess! A position that was intended to be as non-political as possible by giving the governor no direct role in filling it now has become more political than ever, involving a Democratic governor openly questioning the legality of the appointment of a key aide of his Republican predecessor — and being supported by an opinion of the Democratic attorney general!
Anyone who thinks partisan politics has not raised it ugly head in the selection process is dreaming.
Of course, when considering the ideal candidate to head higher education in Kentucky — a person who is supposed to outrank all the public university presidents in the state — someone like Brad Cowgill does not come immediately to mind. While one of Fletcher’s better appointments, Cowgill had no experience in higher education before being named interim president of the council during the final months of Fletcher’s term. Some considered his selection as a political appointment made by a council whose members were mostly Fletcher appointees. Those same council members have now named Cowgill to the permanent post.
If the Council refuses to conduct a national search for a new president, will Beshear file suit challenging Cowgill’s appointment? Who knows? All we know is that a time when every university and community and technical college in the state is struggling with budget cuts mandated by the General Assembly, it’s a bad time for a controversy over the president’s position. It demands a quick settlement so the council can concentrate on more important matters.