Published: April 24, 2008 08:14 pm            

AG: Search required to choose state's higher ed chief

FRANKFORT — Officials violated state law by not conducting a national search for the state's higher education chief, and Kentucky should start pursuing a new permanent replacement, Attorney General Jack Conway said.

The search that lead the state's Council on Postsecondary Education to hire interim President Brad Cowgill for the full time post was not proper, Conway said as part of a nonbinding legal opinion released Thursday. Conway said the panel's search leading to Cowgill was "unusual to say the least" and found that some portions of it also violated the state's open meetings law.

"The council violated the statute in voting to hire Mr. Cowgill as the permanent president," Conway said at an afternoon press conference.

Gov. Steve Beshear raised the issue after the council announced it had named Cowgill as its president. He argued that the council ignored legal requirements to find a higher education chief with an established reputation and experience in postsecondary education.

Conway said the panel was "duty bound at a minimum to conduct a national search to search for someone that has the qualifications that are actually spelled out in the statute."

Cowgill was former Gov. Ernie Fletcher's budget director and was appointed interim president in September, shortly before the Republican governor left office last year. He's scheduled to take the permanent post on May 1.

John Turner, the education panel's chairman, issued a written statement saying he wanted to involve Beshear in resolving the matter.

"I want to explore with the governor and my colleagues on the council a way to do so promptly and with appropriate respect for the independence of the council and our postsecondary institutions," Turner said in the statement.

Still, Beshear said he believes the next search should exclude Cowgill from consideration, but did not have any particular candidates in mind.

The council is the state's coordinating agency for Kentucky's public universities and community and technical colleges. Currently, universities throughout the state are considering raising tuition

Earlier this week, Cowgill urged Kentucky's public universities and community colleges to take "conservative approach" when it comes to tuition increases. The council is scheduled to hold public hearings on the proposed tuition hikes next week.

Beshear, a Democrat, said Thursday his actions were not about Cowgill, but about finding the best candidate.

"The law is now clear, hopefully, in the minds of the council," Beshear said. "I am calling upon them — actually I am demanding — that they follow the law and that they proceed to conduct a nationwide search and find us the best candidate that we can find."

        

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