BOG Chair delays confirmation of UF’s president, expresses concerns about UF’s governance and role of BOT Chair Mori Hosseini

BY JENNIFER CABRERA

TALLAHASSEE, Fla. – Florida Board of Governors (BOG) Chair Alan Levine has indicated that the BOG will not consider the nomination of Stuart Bell as UF’s President until “governance issues” at UF and other state universities are resolved. The BOG was scheduled to consider Bell’s nomination at their meeting next week.

In a June 17 letter to Ray Rodrigues, Chancellor of the State University System, Levine wrote that Interim President Don Landry’s contract contains “a departure from BOG regulation 1.001 pertaining to powers and duties of trustees. Specifically, the contract… included provisions granting the trustee chairman sweeping authority to approve the hiring and compensation of university personnel, from the provost down to mid and lower-level unit academic and administrative unit leaders.” The current Chairman of the Board of Trustees (BOT) is Mori Hosseini.

Levine continued, “[T]he powers of chairs and trustees are limited in scope and there is no provision for a chair making personnel decisions that are within the purview of a president. This is an unusual delegation of authority to a board member…”

Levine wrote that Hosseini agreed to remove that language from future contracts, “which was an important consideration in allowing Dr. Bell to proceed as a candidate for consideration by the trustees.”

Levine asked BOG staff to conduct a preliminary review of governance at all 12 state universities, and the preliminary review found similar issues at other universities, although “most of our universities are compliant, indicating a clear understanding of the regulation.”

BOG Chair Alan Levine: “Importantly and unfortunately, when a single board member has improperly been granted such authority to act outside of our regulation, this increases the likelihood that questions may arise about the propriety of decisions that are made.  Since January, and more recently, media stories and at least one statewide elected official have raised such questions.”  

Levine added, “With respect to UF, while chair Hosseini agreed to remove the offending language from the president’s contract, I learned through this review that elements of this language, and significant other delegations of authority, have been granted to the UF board chair which involve financial, contractual and other delegations that I feel are problematic, inconsistent with best practices in governance and which again seem to run afoul of our regulation. The fact the offending language will likely be removed from the president’s contract is rendered meaningless if the university’s governance standards, which are a policy of the board of trustees, remain out of compliance… Importantly and unfortunately, when a single board member has improperly been granted such authority to act outside of our regulation, this increases the likelihood that questions may arise about the propriety of decisions that are made.  Since January, and more recently, media stories and at least one statewide elected official have raised such questions.”  

Levine wrote that because of these concerns, he would not approve placing any item on the BOG agenda “for a university while that university’s board is out of compliance with Regulation 1.001.” This impacts not only Bell’s confirmation but the reappointment of Florida Gulf Coast University’s president.

Levine clarified, “To be clear, this action should not be construed by anyone to be a statement about Dr. Bell or his candidacy.” He wrote that he is willing to call a special meeting of the BOG when the governance issues are resolved.

Levine also called for an investigation into “certain allegations made involving real-estate and financial transactions at UF, some of which has been reported in various media… And I would caution that no-one should draw any conclusions from the mere fact there is a review being conducted.”

Recommendations for enhancements to regulations

Levine also wrote that he wanted to discuss enhancements to regulations, including adding a statement about fiduciary obligations of individual board members; underscoring that boards of trustees must act as a body, and not through the actions of individual members; refining provisions related to term limits of chairs; and increased specificity related to delegation of authority for chairs to negotiate presidential contracts.” Levine added, “A best practice of governance is what is often referred to as a ‘non-interference’ provision, which typically states that, other than for purposes of inquiry or information, individual board members may not direct, supervise, or interfere with the day-to-day administration of the university”.  

Interim President Landry’s contract

Interim President Landry’s contract ends on August 31, 2026 but may be extended “as mutually agreed up [sic] by Dr. Landry and the Board Chair”; his base salary under the contract is $2,000,000 per year, paid with non-public funds. He will also be paid this base salary through August 31, 2027 if he is not selected as UF’s permanent president.

Exhibit 1 to Landry’s contract describes specific duties, which include appointing a permanent provost; filling interim dean positions; and filling vacant leadership positions, including cabinet positions, directors, and other academic and administrative unit leadership positions. All of these appointments “require the approval of the Chair of the Board of Trustees and notice to the Vice Chair.”

UF responds with intent to name Bell as Interim President

In response, BOT Vice Chair Rahul Patel released the following statement: “Let’s be clear. By Chairman Levine’s own admission, this delay has nothing to do with Dr. Bell.  A unanimously selected presidential candidate and the State of Florida’s flagship university are being drawn into a dispute unrelated to his candidacy. That is unfair to Dr. Bell… The University of Florida cannot afford to remain in limbo while these matters are addressed. Accordingly, within the coming week, the Board of Trustees will meet to consider naming Dr. Bell Interim President so that the university can continue moving forward while this issue is addressed.”

A virtual BOT meeting has been scheduled for 5 p.m. on Monday, June 22, with one item on the agenda: “Leadership transition.”