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The Daily Tar Heel

Senate Committee Set To Hear BOG Quota Bill

A lawsuit filed May 30 by former BOG member Walter Davis and other plaintiffs seeks to eliminate mandatory quotas for board seats.

According to the lawsuit, the quotas violate the state constitution's equal protection guarantee. The constitution states that four members of the BOG must be women, four have to be members of a minority race and four have to be members of the largest minority party in the General Assembly.

The BOG makes policy recommendations to the state legislature concerning the 16 UNC-system schools and several other entities, including UNC-TV.

But the board decided not to fight the legal battle and in May asked its attorneys to request that the General Assembly drop the portion of the statute mandating reserved seats.

"The Board of Governors consulted with experienced legal opinions and then consulted amongst itself and then decided whether to litigate or continue trying to educate young people," said BOG Chairman Ben Ruffin.

In May the BOG and its lawyers said they decided not to pursue the lawsuit because they thought the case would be difficult to defend.

Sen. Frank Ballance, D-Bertie, recommended that quotas be eliminated completely because the BOG did not challenge the lawsuit.

"Our lawyers said we could not defend the lawsuit," Ballance said. "So instead of spending money to fight a case we couldn't defend, I thought it made sense to propose this recommendation."

The legislation will go before the Senate Subcommittee on Education today. If it passes, it will go on to the full Senate and then to the House.

Ballance says he expects it to be approved by both houses, making the lawsuit moot.

But Ruffin said he does not think the change will have a dramatic effect on the BOG's makeup.

Thirty-four people serve on the BOG. Thirty-two are appointed and serve staggered four-year terms. Each legislative chamber appoints 16 of the 32 members every two years. A governor emeritus and a student member also serve but do not have a vote.

Ruffin said the BOG will continue to adequately represent members of the UNC-system community.

Ruffin added that he thinks the board's goals will not change, even if its members do. "The goals for public education in North Carolina will not change, some approaches will be different," he said.

"When the 34 members sit around that table of the Board of Governors, all of them want to do what's best for public education in North Carolina."

The State & National Editor can be reached at stntdesk@unc.edu.

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