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State Capitol – 600 E Boulevard Ave – Dept. 215
Bismarck ND 58505-0230
Phone: 701.328.2960 Fax: 701.328.2961
E-mail: [email protected] Web: ndus.edu
Dickinson State University Presidential Search Committee
Meeting Notice and Agenda
The Dickinson State University Presidential Search Committee will meet Friday, May 1, 2015 at
9:00 a.m. MDT on the Dickinson State University Campus in Klinefelter Hall, Conference Room 107,
291 Campus Drive, Dickinson, North Dakota.
9:00 a.m. MDT Committee Introductions (Ms. Kari Reichert, Chair)
9:10 a.m.
Review SBHE policy 601.1 and NDUS Procedure 601.1 – Presidential Searches (Ms.
Cynthia Wagner Goulet, NDUS General Counsel)
9:15 a.m.
Review North Dakota Open Meetings/Open Records Law (Ms. Cynthia Wagner
Goulet, Assistant General Counsel)
9:25 a.m.
Charge to the DSU Presidential Search Committee and Chancellor’s expectations
for the position (Interim Chancellor Skogen)
9:35 a.m.
Report from Consultant on his visit with campus constituents and discussion with
committee on draft search ad and recruitment options (Dr. James McCormick,
Search Consultant)
10:35 a.m.
Review Proposed Search Process and Timeline (Ms. Kari Reichert and
Dr. James McCormick)
10:45 a.m.
Media Inquiries (Ms. Kari Reichert)
10:50 a.m.
Committee Questions
Adjourn
Contact Terry Meyer (701) 328-2963 or [email protected] prior to the scheduled meeting date if
auxiliary aids or services are needed.
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The North Dakota University System is governed by the State Board of Higher Education and includes:
Bismarck State College • Dakota College at Bottineau • Dickinson State University • Lake Region State College • Mayville State University • Minot State University
North Dakota State College of Science • North Dakota State University • University of North Dakota • Valley City State University • Williston State College
North Dakota University System: Policies and Procedures : SBHE Policies
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Policies and Procedures
SBHE Policies
<< return
SUBJECT: 600s: Personnel
EFFECTIVE: September 25, 2013
Section: 601.1 Presidential Searches
1.
The Board is responsible for appointment of institution presidents within the NDUS.
Selection of a president is final only upon Board action.
2.
The chancellor is responsible for overseeing the presidential search process in
accordance with this policy and corresponding NDUS procedures.
3.
Upon indication the position of an institution president will be vacant, the chancellor
shall appoint a search committee to conduct a search for a new president. The
Board may also retain the services of a consultant to assist the search committee in
its work.
The chancellor also shall recommend to the Board an interim president to fill the
vacancy until the search process is complete. The Board may appoint the
recommended individual, ask for additional recommendations, or appoint someone
directly. The Board shall set the terms and conditions of the interim president's
contract.
4.
Upon completion of its work, the search committee shall meet with the chancellor to
obtain the chancellor's input on the candidates. The search committee shall then
recommend between two and four candidates to the Board for further consideration.
The Board may choose to interview any number of those candidates or reject the
committee's recommendations. If the Board rejects all the recommendations, it may
choose to interview other candidates or charge the committee with resuming the
search process.
5.
After the Board interviews candidates, it may choose to appoint one of them to the
position of institution president or charge the committee with resuming the search
process. Upon appointment of a new president, the Board shall approve the terms
of the new president's contract.
6.
The institution shall pay all costs of a search, including search committee, Board
and NDUS office costs.
Reference: NDUS Procedure - 601.1
History:
SBHE Minutes, February 18-19, 1982, page 5003.
Amendment SBHE Minutes, May 24-25, 1990, page 6003.
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North Dakota University System: Policies and Procedures : SBHE Policies
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Amendment SBHE Minutes, May 21, 1998, page 6889.
Amendment SBHE Minutes, November 18-19, 1999.
Amendment SBHE Minutes, September 27-28, 2001.
Amendment SBHE Minutes, December 18, 2002.
Amendment SBHE Minutes, August 3, 2007.
Amendment SBHE Minutes, November 6, 2008.
Amendment SBHE Minutes, September 5, 2012.
Amendment SBHE Minutes, September 25, 2013.
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North Dakota University System: Policies and Procedures : NDUS Procedures
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Policies and Procedures
NDUS Procedures
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SUBJECT: 600s: Personnel
EFFECTIVE: September 25, 2013
Section: 601.1 Presidential Searches
Purpose
This procedure implements SBHE Policy 601.1 and establishes a common procedural
framework for the search and selection of a president for an NDUS institution. Variations
from this procedure may be appropriate to serve the needs of a particular institution or its
constituents. Such variations are permitted upon the written approval of the chancellor.
Responsibilities for Selection and Appointment of a President
The Board is responsible for appointing NDUS institution presidents and, when necessary,
interim presidents. The chancellor, search committee and search consultant (if one is
engaged) are responsible for ensuring well-qualified candidates are presented to the Board
for consideration. NDUS office personnel are responsible for assisting the Board, chancellor
and search committee as necessary.
At all times, the Board, NDUS personnel, search committee members and the search
consultant will comply with all applicable laws, including those regarding equal employment
opportunity, and Board policies.
Costs of the search, including costs of the search committee, search consultant, Board and
NDUS office, will be paid or reimbursed by the institutions for which the search is
conducted.
Procedures for Selecting President
1.
Upon indication the position of an institution president will be vacant, the chancellor
will appoint a search committee to conduct a search for a new president.
Additionally, the Board will select one Board member to serve on the search
committee. The committee members appointed by the Chancellor will include:
a.
A senior system representative, as an ex officio, non-voting member;
b.
Two faculty members to be selected from a list of at least six nominees
provided by the Faculty Senate or equivalent faculty legislative body;
c.
Two staff representatives, including one administrative/professional staff
member and one technical/paraprofessional, office support, crafts/trades,
services staff member, selected from a slate of at least three nominations for
each group recommended by the Staff Senate;
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d.
One undergraduate student and, for institutions with graduate or
professional programs, one graduate or professional student selected from a
slate of at least three nominations from each group provided by the
recognized institution student government organization(s);
e.
One academic dean or vice president;
f.
One alumni representative or foundation member who has demonstrated
deep commitment to the institution; and
g.
One representative of the institution's external constituency with a
demonstrated deep interest in and support of the institution, its programs,
and its role in community activities.
2.
The Board may hire a search consultant to assist the search committee in its work.
3.
If an interim president will be necessary, the chancellor will recommend an
individual to the Board to fill that position. The Board may appoint the recommended
individual, ask the chancellor for additional recommendations or directly appoint
another individual.
4.
The Board's legal counsel will prepare a draft employment contract for the incoming
president and, if necessary, the interim president. The salary, benefits and other
provisions will be subject to negotiation with the selected candidate, however.
5.
The chancellor, search committee and search consultant (if one is engaged) will
work together to prepare a position profile identifying the characteristics and
experience required for the institution president. The profile will establish minimum
qualifications that the successful candidate for the position must meet. It also will be
consistent with the responsibilities of institution presidents set forth in Board policy,
as well as any other relevant expectations and needs of the institution, community
or stakeholders. In developing the position profile, the chancellor and search
committee will seek counsel from a wide variety of sources, including, but not limited
to institution personnel and the community.
6.
The search consultant or NDUS office personnel will widely distribute the position
profile to begin advertising the position vacancy and developing potential candidate
interest in the position.
7.
The search consultant or NDUS office personnel will develop an advertisement
based on the position profile and will place the advertisement in relevant media
sources.
8.
The search committee will take additional steps as necessary to develop a broad
and diverse pool of applicants and nominees.
9.
The search committee will review and evaluate all nominations and applications for
the position of president and take such other steps, including interviews, as they
deem appropriate in order to narrow the pool of candidates to a number upon which
the search committee members agree. The search committee's evaluation of
candidates will be based on the position profile and any other relevant, objective
criteria the committee members agree to use.
10.
The search committee will meet with the chancellor to obtain his or her input on the
candidates.
11.
The search committee will select between two and four candidates to recommend to
the Board for further consideration. In selecting these candidates, the search
committee will thoroughly consider the chancellor's input, understanding that the
president will work closely with the chancellor to carry out the Board's strategic plan
and directives.
12.
After the search committee provides its recommendation, the Board may choose to
interview all, some or none of the recommended candidates. If the Board chooses to
interview none of the candidates, it may direct the search committee to initiate a
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new search. Alternatively, the Board may select any other individuals it wishes to
interview.
13.
Once the interview candidates are selected, the Board will conduct interviews.
14.
After the Board interviews are complete, the Board may convene an executive
session to consider the interviewed candidates. If a candidate wishes to have the
Board discuss him or her in an open meeting, however, the Board must do so. The
legal basis for the executive session is 15-10-17.1(a), which permits executive
sessions for "the consideration of the appointment or removal" of an institution
president unless the individual involved objects.
15.
The Board will take final action and vote to appoint the new president. If the Board
does not wish to appoint any of the interview candidates, however, it may direct the
search committee to initiate a new search.
Reference: SBHE Policy - 601.1
History:
Chancellor's Cabinet Meeting, September 12, 2012
Chancellor's Cabinet Meeting, September 25, 2013
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1815 Schafer Street, Suite 202
Bismarck ND 58501-1217
Phone: 701.224.2582 Fax: 701.224.5707
E-mail: [email protected] Web: ndus.edu
MEMORANDUM
April, 2015
TO:
Search Committee Members
FROM: Office of NDUS General Counsel
RE:
Search Committees and Open Meetings/Open Records
This memorandum discusses application of North Dakota's open meetings and open records laws to
State Board of Higher Education (“Board”) Search Committees. This type of Memorandum is regularly
issued to Committees, which have been established by the Board for the purpose of carrying out a
function as delegated to the Committee by the Board.
OPEN MEETINGS
Both the North Dakota Constitution and state law provide that all meetings of governmental bodies and
organizations or agencies supported in whole or in part by public funds, or expending public funds, are
open to the public in North Dakota, unless otherwise specifically provided by law. 1 Entities subject to
the law include “any group of persons, regardless of membership, acting collectively pursuant to
authority delegated to that group by the governing body.” 2 Accordingly, a Search Committee appointed
by the chancellor and delegated functions by the Board is subject to the open meetings law.
Open meetings laws apply to search committee meetings:
A “meeting” means any gathering of a quorum (defined for open meetings purposes as one-half or more
of the members of the group) of a governing body of a public entity regarding public business, and
includes committees, subcommittees, informal gatherings, work sessions and discussions where a
quorum of members are participating and discussing “public business.” “Public business” is broadly
interpreted, and includes all matters that relate or may foreseeably relate in any way to the
performance of the Board’s governance functions (or to the Committee’s functions, as delegated to it by
the Board); and also includes all steps in the decision-making process, including information gathering,
discussion, formulating or narrowing of options, or action. 3 Thus, anytime a quorum of the Committee
discusses public business over which the Committee has authority as delegated to it by the Board, open
meetings requirements must be met. On the other hand, if a task is delegated to a single member, or to
several members acting individually and not as a committee, then the involved task may be conducted
outside of a public meeting.
Email, telephone and videoconference conversations may be “meetings”:
Discussions do not have to be face-to-face to trigger open meetings requirements. Discussions
occurring by phone, videoconference, e-mail or other electronic communication are considered as
meetings, and must comply with open meetings requirements, if they involve a quorum of the Board, or
of the Committee, and concern public business.
1
N.D. Const. art. XI, §5; N.D.C.C. §44-04-19.
N.D.C.C. §44-04-17.1.
3
N.D.C.C. §44-04-17.1(12); N.D.A.G. 98-O-05 (March 3 letter to Paul Ebeltoft).
2
8
Serial meetings are also open meetings:
The open meetings law prohibits a series of gatherings or communications, each involving less than onehalf of the members of a group subject to the law but collectively involving one-half or more members,
for the purpose of avoiding the law’s requirements. For example, if a Board or Committee subject to the
open meetings law has five members, a member is not permitted to have a telephone call or other
private conversation concerning business of the group with a second member followed by a separate
private conversation on the same topic involving a third member of the group. A private conversation
involving just two members of a five-member committee (or a private conversation involving less than
one-half the members of a group) is okay; a series of private conversations or individual contacts on the
same topic of public business and involving one-half or more members is not.
North Dakota University System Office will assist with open meetings laws and compliance:
The NDUS Office will assist with open meetings laws and compliance with those laws. This Office will
provide assistance to ensure compliance with open meetings laws, in the same manner as the Office
provides assistance to the Board for Board meetings. These open meetings requirements are the same
for the Search Committee as they are for the Board, and include notifying the Secretary of State of
meetings, distributing and posting meeting notices and agendas, notifying media representatives and
others who have requested to be notified, and making arrangements for public access to upcoming
meetings (including making available at a specified location a speakerphone or monitor for telephone or
videoconference meetings), and other logistical arrangements, all of which require significant work on
the part of the NDUS staff. For these reasons, it is important to timely establish a meeting schedule for
the Committee’s meetings. Ms. Terry Meyer is the contact person for open meetings issues related to
this Committee’s work, and may be reached at 701-328-2963 or [email protected], along with
Cynthia Wagner Goulet, NDUS attorney, at 701-224-2584 or [email protected]
Meeting Minutes and Voting:
Minutes of all meetings are required, including members in attendance, date and times the meeting is
called to order and adjourned, topics discussed, a description of all motions and whether a motion was
seconded, the results of all votes and the vote of every member on each roll call vote. 4 Recorded roll
call votes are required for all “nonprocedural” matters.
State law permits the Board to go into executive session for the "consideration of the appointment or
removal" of presidents and other institution employees. 5 This exception is narrowly construed and an
executive session is not permitted for candidate interviews or general discussion. The Board may go into
executive session only to discuss and decide on the appointment. Because a Search Committee does not
have appointing authority, there is no legal authority for this Committee to hold executive sessions. All
Search Committee meetings must be open to the public.
OPEN RECORDS
Unless otherwise specifically provided by law, all records of governmental bodies and organizations or
agencies supported by public funds, or expending public funds, are open and accessible to anyone. 6 The
term “record” means recorded information of any kind, regardless of the form by which the information
is stored, which is in possession of a public entity or its agent and which has been received or prepared
4
N.D.C.C. §44-04-21.
N.D.C.C. §15-10-17(1).
6
N.D.C.C. §44-04-18.
5
9
in connection with public business. If a governing body delegates a public duty to a third party,
documents in possession of the third party connected with public business are public records. 7
All records in possession of Board or Search Committee and its members or staff related to the business
of the Committee are public records open to inspection, regardless of the location or form of those
records, i.e., whether paper form or electronic form, and whether on a Committee member’s personal
or work computer, smart phone or other electronic device.
Records concerning the Committee's work in possession of a private consultant or other agent paid with
public funds are also public records. There are no exceptions for employment applications, reference
letters, reports, notes or any other records received or created by search committee members or a
consultant. Unlike some other states, North Dakota does not allow candidates for college president
positions to request that their names not be publicly disclosed until the search has progressed to a
certain point, such as interviews of finalists. Candidates should be informed that the Committee may not
withhold candidate names and application or nomination materials and all such information is open to
the public.
A search consultant is not required to open all consultant files and records to public inspection. The
open records law applies only to records created or received in connection with public functions
delegated to the consultant. Search consultants likely have files concerning individuals who have not
applied for a NDUS position. Search consultants may communicate with individuals to determine or
encourage interest in applying; these records are not subject to the open records law. However, upon
submission of an application, the application and related materials are open records.
A request for access or copies can be made in any manner, in-person, mail, e-mail, fax or by phone. The
person requesting access or copies cannot be required to state a reason for the request. Requested
copies must be provided within a “reasonable” time or an explanation given concerning why the request
is denied. 8
E-mail and Other Electronic Communications:
E-mail communications, including e-mail concerning Search Committee business received at or sent
from a Committee member’s home or business, are subject to the open records law. Committee
members (and search consultants) should understand that any recorded communications relating to
Search Committee business may be subject to open records requests.
Also, e-mail or other electronic communications may not be used to evade the open meetings law. In a
2007 opinion, the attorney general stated that members of a group subject to the law may not use a
listserv to exchange e-mail messages and communicate their views on a matter pending before that
group. 9 Although use of e-mail to communicate information to a group is permitted, members of the
group may not use the “reply all” function or other e-mail exchanges to communicate their views to a
quorum of the group. In other words, use of e-mail or other electronic communications by committee
members to exchange views or share opinions is the equivalent of a telephone conference call or series
of telephone calls.
7
Forum Publishing Company v. City of Fargo, 391 N.W.2d 169 (N.D. 1986) (job applications in possession of a
private consulting firm hired by the city to screen applicants for chief of police are public records).
8
N.D.C.C. §44-04-18(8); N.D.A.G. 98-O-22 (Oct. 16 letter to Roger Gress and Timothy Davies)
9
N.D.A.G. 2007-O-14 (Dec. 5 letter to Mandan City Commission)
Dickinson State University Presidential Search Committee
Charge to the Search Committee
The search for the President of Dickinson State University has begun and is expected to conclude
Fall 2015. As a search committee member, we will ask that you commit to the timeline and search
expectations that are presented to you today.
1. Attend and participate in all search committee meetings – it is anticipated that the committee
will meet to review candidate applications, participate in preliminary interviews and hold one
additional meeting to develop committee recommendations for the board.
2. Treat committee members and candidates in a respectful and unbiased manner.
3. Participate in discussions that relate to the identification of priorities and personal and
professional attributes sought in the next President.
4. Draw upon connections to support recruitment efforts.
5. Promote diversity in the applicant pool, and ensure no discrimination on the basis of race,
color, national origin, gender, religion, age or disability.
6. Review all candidate applications and prepare to identify a short list of candidates for
additional screening and consideration.
7. Assist with development of interview questions.
8. Give all candidates fair consideration and identify a short list of candidates for preliminary
interviews
9. Participate in preliminary interviews with candidates and following preliminary interviews,
identify candidates to be invited as finalists.
10. Assist with interview visits – as needed.
11. Recommend to the board individual strengths and concerns regarding each final candidate.
(Those selected as finalists)
12. Following appointment by the SBHE, assist the president with a smooth transition to the
University community.
13. Comply with all ND laws and SBHE policies and procedures.
*It is critical that the committee act professionally in the conduct of its business. At no time can
committee members discuss committee business outside of the open meeting structure. All public
comments should be made exclusively by the search chair. Training on open records and open
meetings will occur at the first search committee meeting.
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DRAFT
Dickinson State University Presidential Search Committee
Timeline/Process
Date
4/28/15
4/29-30/15
5/1/15
No later than
5/18/15
6/1/15
6/8/15
6/8/15-8/3/15
8/3/15
8/7/15
8/18/15
Task


Consultants conduct listening sessions with university constituencies
Consultants conduct listening sessions with Chancellor and system
office staff
First Meeting
 Consultants in-person with Committee
 Welcome and introductions
 Legal Counsel reviews presidential search policy/procedure, open
records and meeting laws with Committee
 Chancellor outlines Presidential Search Committee charge
 Committee/consultants review timeline and process
 Committee establishes dates for future meetings
 Consultants provide recommended communication plan
 Chair discusses means of communication with Committee
 Committee provides input for position profile
 Consultants meet with public information/Web designer
 Consultants deliver draft advertisement and profile to Committee
Chair; feedback requested
 Committee Chair/Chancellor/consultants finalize draft advertisement
 Approved advertisement and profile shared with committee
members
 University office develop Web site presence for Committee/public
access
 Presidential search is launched
 Approved advertisement posted
 University office launch Web site
 Advertisement and profile placed on AGB Search Web site
 Consultants actively recruit candidates
 Consultants receive inquiries/applications/nominations
 Confidential Web site created for all applications
 Application deadline for best consideration
 Applications released to Search Committee for review
Second Meeting
 Consultants in-person with Committee
 Committee meets to identify top candidates for IVN interviews
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Date
Following 8/18/15
meeting
9/1/15
Following 9/1/15
9/14/15-9/15/15
9/16/15
Following 9/16/15
meeting
10/1/15
On or about 1/1/16
Task

Consultants provide draft interview questions for Committee
consideration, as requested

Consultants contact top candidates, re: interview process for IVN
interviews; dates given for on-campus meetings/interview with
Search Committee if selected for semifinalist interviews
 Consultants conduct reference checks on top candidates
Third Meeting
 Consultants available by telephone
 Committee interviews top candidates via IVN
 Consultants deliver report on reference checks
 Committee narrows list to semifinalists for campus meetings/Search
Committee interview
 Consultants contact semifinalists and candidates not selected
 Consultants conduct off-list reference checks
 Consultants provide draft interview questions, as requested
 Semifinalists meet on campus with broad-based internal and
external constituencies
Fourth Meeting
 Consultants in-person with Committee
 Committee hears off-list reference check information
 Committee narrows list to final candidates
 Committee forwards list of unranked candidates to Chancellor
 Committee concludes formal work
 Consultants contact finalists and semifinalists not selected
 AGB Search requests background checks with approval of finalists;
report delivered to Chair (or designee)
 Consultants provide interview questions and other support to
Chancellor, as requested
 Chancellor recommends finalists to the SBHE
 Consultants contact finalists
SBHE Meeting – DSU Campus
 SBHE meets and interviews finalists and appoints next president of
DSU
 Chair (or designee) receives background check reports from AGB
Search Consultants (confidential mailing)
 Feedback from constituency meetings is reported to the SBHE
 Offer extended to successful candidate
 Next DSU President assumes office
 Consultants remain available to Chancellor and President for one
year following appointment
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