Lawmakers question whether UD is a public entity

Lawmakers on Tuesday debated an age-old question in Delaware: Is the state's flagship university a public entity or a quasi-private body?

The answer may determine whether the state's Joint Legislative Oversight and Sunset Committee next year scrutinizes actions taken by the University of Delaware's board of trustees.  

"The status quo, as I see it, is for some purposes they're treated like they have some public purposes and for other purposes they're treated like they're not," Sen. Anthony Delcollo, R-Elsmere, said. "I'm asking those things because I am not entirely certain."

Delcollo expressed concern that a decision to review UD's governing body could have several side effects. For example, he said, lawyers in future lawsuits could argue that the state's sovereign immunity extends to the university. 

“I’m sympathetic to the cause of transparency," he said. "But I’m also sympathetic to the idea of making sure that we don’t do more than would be intended."

The 10-member oversight committee is tasked with periodically scrutinizing state agencies, boards and commissions.

Oversight committee staff attorney Holly Vaughn Wagner said lawmakers have the authority to review agencies created by the General Assembly. 

"Does UD's Board of Trustees fit under that?" she asked. "I feel very confident saying, 'yes.'" 

UD officials during budget discussions in past years have made clear that they believe the institution is part of the state, Sen. David Sokola, D-Newark, said. 

Furthermore, he said, a legislative review of UD's operations would make the school run more efficiently, just as it has for state agencies in past years.

"It's getting them into the 20th Century," he said. "Our stuff's all open to the public ... and I just think this is about time."

Ultimately, the oversight committee decided to postpone the decision of whether to review the trustees, citing a need to conduct more research regarding Delcollo's concerns.

Lawmakers could take up the issue again when the committee meets on June 19. 

Sokola and DelCollo each said that the potential scrutiny of UD's trustees is not related to recent harassment allegations leveled against a member of the governing body. 

Instead, Sokola said, it is an attempt to persuade the university to carry out meeting and policy decisions more transparently.

"Then, there would be less of a call for this," he said.  

Contact Karl Baker at kbaker@delawareonline.com or (302) 324-2329. Follow him on Twitter @kbaker6.