Va. lawmakers’ rejections leave vacancies on three higher ed governing boards
President Debbie L. Sydow and her team at Richard Bland College had operated for years without a governing board until last year, when the school gained independence from its parent university, William & Mary.
So when state legislators recently rejected all nine governing board nominations at Richard Bland, Sydow assured the public that the institution remains on “solid footing” with an experienced leadership team.
“While the General Assembly’s recent decision regarding the prior slate of Board of Visitors appointees creates a temporary gap in formal governance, our day‑to‑day operations, strategic initiatives, and student‑centered mission continue without interruption,” said Sydow in a statement to the Mercury.
She said the institution is “optimistic” and “encouraged” over Gov. Abigail Spanberger’s forthcoming appointments, “individuals we expect will bring a strong commitment to higher education, diverse experience, and a shared belief in the vital role Richard Bland College plays in the Tri-Cities region and the Commonwealth.”
Last year, the state legislature passed a measure that triggered the development of Richard Bland’s first governing board.
In total, lawmakers rejected 14 nominations by former Gov. Glenn Youngkin at three institutions in the Commonwealth this month: Richard Bland College, Virginia Commonwealth University, and Old Dominion University.
None of the rejections at VCU and Old Dominion prevented their respective boards from maintaining a quorum. Spanberger backfilled significant vacancies at George Mason University, the University of Virginia and Virginia Military Institute, appointing 27 in January.
Virginia governors are responsible for nominating members, but their decisions must be confirmed or rejected by the General Assembly. Over the past year, the process was called into question after the Senate Privileges and Elections Committee rejected 22 nominations made by Youngkin, whose administration unsuccessfully challenged the decision.
Outside of the nominations for Virginia colleges, lawmakers over the current session have rejected 89 nominees to Virginia’s boards and commissions, including two for the Board of Education.
Others were blocked from the State Air Pollution Control Board and the Boards of Juvenile Justice and Fair Housing, as well as the African American and Asian Advisory Boards.
Potential changes
The nomination process for governing boards at Virginia’s colleges and universities remains under review by state lawmakers and Spanberger’s administration, a process which started immediately upon the governor taking office in January.
Lawmakers are now considering two bills that would revise membership and governance requirements for governing boards of public higher education institutions. They appear to be on track to clear the legislature.
Senate Bill 494, carried by Sen. Creigh Deeds, D-Charlottesville, would increase each member’s terms from four years to six, prohibit consecutive terms and require a two-year gap, and add nonvoting advisory members from faculty, staff and student bodies.
The bill also clarifies the terms “quorum,” “executive committee,” “primary duties” and “restrictions” of governing boards. Boards would also be required to adopt policies for shared governance, which a work group created by the State Council of Higher Education for Virginia will develop, fostering more voices in decision-making.
SCHEV will also be responsible for creating a work group and recommending processes for Attorney General reviews of legal representation for institutions and recusal policies for board members with conflicts of interest.
According to the bill’s fiscal impact statement, the cost of the proposed changes are expected to be absorbed within existing resources by both institutions and SCHEV.
Del. Lily Franklin, D-Montgomery, is carrying similar legislation in the House of Delegates, which includes proposals from Democratic Dels. Katrina Callsen and Amy Laufer, representing Albemarle.
On Jan. 17, Spanberger issued an executive order directing her cabinet members to prepare a report detailing the procedures for board nominations at Virginia’s public higher education institutions, including member term lengths, reappointments, term start dates for new members, and the evaluation process used by the Virginia Commission on Higher Education Board Appointments.
What’s next
Sydow said she’s confident Richard Bland’s governing board will be in place by the next April 22 board meeting, based on conversations with the governor’s office and elected representatives.
Norfolk Mayor Kenny Alexander will replace Sydow in May when she steps down after 14 years at Richard Bland. Alexander has served as vice chancellor for strategic partnerships of the Virginia Community College System and as executive director of the Virginia Foundation for Community College Education.
Lawmakers will have until the weekend of March 14 to advance or kill any legislation before it heads to Spanberger for consideration.