Texas Student Publications

Board of Operating Trustees

April 29, 2005

Minutes

Voting members present: Urton Anderson, Diane Beckham, Bill Cornwell, Camden Gilman, Bill Laird, Cale McDowell, Jef Richards, Rob Russell, Rusty Todd, Brad Wright.

Voting members absent: Kimberley Covert, Rusty Todd.

Non-voting members present: Ben Heath, Kathy Lawrence, Sherri Sanders.

Non-voting members absent: Brandon Chicotsky, Robert Inks, John Gross, Trisha Hanley, Todd Nienkerk, Shelbie Stuart.

Professional staff present: Richard Finnell, Dan Knight, Frank Serpas.

Guests: A.J. Bauer, Noelene Clark, Steven Hardt, Geoff Henley, Bob Kinney, Dave McNeely, Omar Ochoa, Nancy Means Richey.

The meeting was called to order at 1 p.m. by TSP Board President Cale McDowell.

I. Old Business: Reconsideration of vote to change Daily Texan editor status from elected to appointed.

McDowell noted several in the room wanted to address the board regarding the elected editor. Laird moved that comments be limited to four minutes per speaker. The motion was seconded by Cornwell and passed unanimously. However, some in the room indicated they would yield their time to former editors Dave McNeely and Geoff Henley. Registering support for retention of the elected editor were Bob Kinney, Nancy Means Richey, Steven Hardt and Dave McNeely. Omar Ochoa, president of student government, also spoke in favor of retaining the current system and presented a resolution passed by the Student Assembly on a 16-15-1 vote which supported his position. He urged at a minimum that the board seek a student referendum on the change. Henley, another former editor in favor of the current system, also presented legal arguments outlining why the Declaration of Trust should not be replaced as part of the process of changing student media operations at UT. He also indicated the Declaration of Trust would not permit such a change without the approval of the beneficiaries of the trust. Speaking in favor of the change was Ms. Clark, a Texan staff member.

After discussion, the board considered eight motions:

1) Upon the motion of Beckham, seconded by Russell, the board asked UT administration not to act on the Declaration of Trust replacement document at this time. The motion passed unanimously.

2) Upon the motion of Beckham, seconded by Russell, the board voted unanimously to as UT-Austin and the UT System attorneys to determine whether the Declaration of Trust requires the election of editors and to determine the continuing viability of the Declaration of Trust. Further, the board asked those attorneys to determine if changes in or replacement of the Declaration of Trust would result in a loss of independence or protection for student media.

3) Upon motion by Beckham, seconded by Russell, the board voted unanimously to ask UT’s permission to hire outside legal counsel to ask the same questions as in Motion 2.

4) Upon motion by Beckham, seconded by Russell, the board voted 7-1-1 to rescind its March 4 action on changing the editor selection process. McDowell said he would not vote but preferred the appointed editor. Gilman abstained, and Laird voted against the motion.

5) Upon motion by Beckham, seconded by Richards, the board voted unanimously to ask the UT administration for an immediate end to mandated prior review of Texan editorial content.

6) Russell also moved to seek a reconsideration of the elected editor issue, pending legal advice. The motion died for lack of a second.

7) Anderson moved and Richards seconded a motion seeking a referendum among the student body next year on the elected editor issue to help the board ensure it is carrying out the desires of the student body. The motion passed unanimously.

8) Upon motion by Beckham, seconded by Gilman, the board voted unanimously to comply with all aspects of the Texas Open Meetings Act, whether or not such action is legally required.

Board members agreed they would get together in the summer for at least one meeting to review progress on these issues, as well as to appoint a fall managing editor. They indicated the elected editor issue needs to reach resolution, rather than being tabled indefinitely.

The meeting was adjourned at 2:30 p.m.