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Judge blocks Governor Bevin’s order to abolish the UofL Board of Trustees

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@M_E_Mahone

@M_E_Mahone

Just when you thought the dust had settled on Floyd Street, Franklin Circuit Court Judge Phillip Shepherd kicked it back up this morning when he granted Attorney General Andy Beshear’s request to block Governor Matt Bevin’s order abolishing the UofL Board of Trustees. The move comes less than two days after the new Board of Trustees accepted UofL President James Ramsey’s resignation, which, according to Joe Sonka, is still valid “until anyone challenges” it. That said, it’s not clear whether the current Board of Trustees is still in power, or what the heck is going on.

Judge Shepherd argued Governor Bevin issued the executive order to dissolve the previous board without merit, so, using that logic, he could issue all sorts of executive orders, even one to merge the University of Kentucky and the University of Louisville. Quelle horreur!

Don’t freak out, that’s just an example, but man, it’s terrifying:

No.

The Kentucky guys.

This is the saga that never ends! And it goes on and on, my friends!

Article written by Mrs. Tyler Thompson

No, I will not make you a sandwich, but you can follow me on Twitter @MrsTylerKSR or email me.

16 Comments for Judge blocks Governor Bevin’s order to abolish the UofL Board of Trustees



  1. Realme
    12:03 pm July 29, 2016 Permalink

    That picture makes me happy.



  2. secrick
    12:11 pm July 29, 2016 Permalink

    How can anyone be proud of the U of L ?

  3. I haven’t lived in Kentucky in forever, and I don’t know the state Constitution, but if the governor can’t fire the board, who can??? The POTUS???



    • Yev
      2:21 pm July 29, 2016 Permalink

      Good question. Matt had a podcast that discussed this in some length. But here is a really short version of that. The governor can fire a board for cause, but cannot do so without cause.

      The intent of our government is to prevent the Governor from immediately being able to appoint people to all the boards. Their terms are intentionally offset. So for Bevin’s first 2 years, he will have Beshear’s boards. This is sort of a Check and Balance to executive power. Bevin obviously has the power to fire a board for cause. However, Bevin has done something different. He is applying a different law that in his mind allows him to streamline a board for economic savings. So the UL board was 20 people. Bevin knows he cannot just fire that board since cause is hard to show. His approach was to disband the board, and then state that the board should only have 13 people, not 20, thus saving 7 peoples salaries. If this was truly economic, he may have this right (though the law is a bit vague). But it’s hard to not think that this is not politically motivated. Even if it is not in this case, it is easy to see how politics could play in the future (Every time we get a new governor who does not like a board when elected he could just say we need to save money, shrink the board by 1 person, and then appoint his people). As a result of this, our AG, who happens to be our old governors son, has taken Bevin to court to clarify the law in an area where clarification is needed.



  4. Bluebloodtoo
    12:13 pm July 29, 2016 Permalink

    What a political disgrace. Either this is abuse of power by our Governor, or a last ditch effort by a corrupt leader to keep power by calling in favors from a Judge.



  5. Kyblue34
    12:44 pm July 29, 2016 Permalink

    Beshear is just a prick who is going argue against everything Bevin tries to accomplish no matter what it is. Clearly the judge is in his pocket as Bevin most definitely has the power to remove the board of directors from a public institution. Who else would have the power but the governor? The judge saying there was no “merit” to remove the board is just ridiculous as even most UofL students and alumni agree that the university has been involved in corrupt dealings.



    • DelrayCat
      12:57 pm July 29, 2016 Permalink

      Another Republican with no concept of the rule of law. And you jackholes act like you’re the true patriots. Typical hypocrites.



    • ukgrad83
      1:33 pm July 29, 2016 Permalink

      Well Delray Cat, the preceding governor, who is Democrat, did the same thing while he was in office. So if you are going to sling mud, you might want to check your facts first.



    • Kernel Sanders
      1:39 pm July 29, 2016 Permalink

      Its pretty simple blue34. Kentucky law states that no state university trustee can be removed from office “except for cause”. This includes neglect of duty and malfeasance in office. But the law clearly states that this can only be done “after being afforded a hearing with counsel before the Council on Postsecondary Education and a finding of fact by the council”. KRS 164.821(1)(B)

      Judge Shepherd wrote that it is undisputed that Governor Bevin removed all members of the board. His opinion also states that it is undisputed that no hearing was held and no finding was made.

      Beshear is not saying the UofL Board of Trustees has not been involved in corrupt dealings. Neither is Judge Shepherd. They just intervened to uphold Kentucky Constitutional Law.

      Geez nothing like taking about 3 minutes to educate yourself about the facts instead of having an uninformed (and wrong) opinion.



  6. kentuckyrld
    1:10 pm July 29, 2016 Permalink

    Merging ul and UK? That is something that should have been done long ago. ul is nothing more than a fairly large community college and, obviously, should be a part of the UK network of local community colleges. There really is no point in spending all that money giving them a duplicate management structure when the existing one at UK could handle the load with the addition of a couple of people. it would be better run and a lot cheaper.



    • Kernel Sanders
      1:27 pm July 29, 2016 Permalink

      What UK network of local community colleges? From the KCTCS website:

      The Kentucky Community and Technical College System (KCTCS) is the newest postsecondary education institution in the Commonwealth. KCTCS was created by the Kentucky Postsecondary Education Improvement Act of 1997 (House Bill 1). Our 16 colleges and on more than 70 campuses are deeply rooted in the educational history and tradition of Kentucky. July 1, 2008, marked the 10th anniversary of the unification of Kentucky’s postsecondary community colleges and technical institutions, some dating back to the early 1900’s.



    • scorpiocard
      3:35 pm July 29, 2016 Permalink

      Well this is goofy as hell. Yes uk does have a system of community colleges, but U of L hardly fits into that catagory. U of L’s main campus population is essentially equal to uk’s main campus population. There is a med, school, school of dentistry, a highly acclaimed engineering school, a law school. So “a couple of people” more at uk are going to run that? What asinine statement!



    • BigBlue1976
      3:56 pm July 29, 2016 Permalink

      No, UK does not have a system of community colleges. They used to. The state separated them from UK some years back. All of the various KCTCS campuses are the ones that were part of the UK community college system. They are now independent from UK.



  7. snarkster
    2:42 pm July 29, 2016 Permalink

    I’ve said for a while now that UK needs JV squads



  8. RealCatsFan
    3:06 pm July 29, 2016 Permalink

    James Ramsey – in case you happen to be reading this: YOU’RE FREAKIN’ BALD, DUDE!! GIVE UP ON THE DAMNED COMBOVER. You aren’t fooling anyone. Use that $700K to get a decent rug like Bill Self did. Yes, you may be richer than me, but you are still old, bald and ugly. No amount of money is going to change that!