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friday, august 29, 1975 volume 99 number 5 lincoln, nebraska
'Underpaid' faculty said to deter search for dean
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By Rex Seline
The problem of an "underpaid" faculty
may be an important deterent in attracting
a new dean for the college of Arts and
Sciences, according to the chairman of the
search committee.
"The very poor condition of . faculty
salaries, especially within the Arts and
Sciences College and the problem that it
creates for a dean will make it even more
difficult for us to attract a first-rate person
for the position," said John Yost, vice
chairman of the History Dept. and
chairman of the search committee.
Comnuttee recommendations for a new
dean should be completed by the end of
October and the new dean should assume
office by July 1 , 1 976, Yost said.
The original group of 75 applicants has
been narrowed to a list of "about 40" for
more consideration, he said.
"We met three times last May to
establish the prime criteria for filling the
'dcanship and to define the operation
procedures of our committee," Yost said.
"We had two screening committees
operating this summer who performed the
job of undertaking preliminary evaluations.
"Chancellor Zumberge told us last May
he wanted us to provide him with a short
list of about five namss no later than
mid-November or December 1 . 1 intend to
move as efficiently and expeditiously as
possible. We should be done sometime in
October," he said.
In the wake of UNL Chancellor James
Zumberge's announced resignation, Yost
said the committee now will be submitting
the names to Adam Breckenridge, vice
chancellor tor Academic Affairs.
Breckenridge will consult with whomever is
acting chancellor before recommending the
candidate to the NU Board of Regents.
Yost said that Zumberge's resignation
itself should have no effect on the search
committee's work although some
candidates may have their doubts.
Recent bar decision
'The on'.v oroblem we would have
would be if a candidate felt that the
vacancy in the position of chancellor
would create a state' of uncertainty and
instability at the top and that he might
have trouble getting support from an
interim chancellor for his programs," Yost
said.
"My position on the matter is that in no
way should the resignation deter the search
committee, but we should be aw, re of the
problems that it might present in regards to
appointing a candidate from outside the
university. The outside candidate might,
and I stress might, be concerned about the
resignation's effect "
Yost said he thinks that the recent
appointment of Breckenridge as permanent
vice chancellor has more effect on the
selection than Zumberge's resignation.
"The Dean of Arts and Sciences reports
directly to the vice chancellor for Academic
Affairs," he said. "We now know who that
is. We shouldn't have to wait for the
selection of a new chancellor before we
appoint a new dean."
Interim dean
One reason Yost is emphasizing speed in
the selection process is the fact an interim
Dean, Max Larsen, already has served over
a year in the position.
Former Dean Melvin George had
" worked with the State University of
Nebraska before leaving for the University
of Missouri, according to Yost.
"It's difficult for the interim dean to
tackle long-range problems " Yost said.
Presently the committee, made up of
ten faculty members, a student
representative, a graduate student
representative and an alumnus is working
to determine which candidates still are
interested in the position and to compib
more information on the prospects.
"The two most important criteria we've
established is, first, that we'll seriously
consider only those candidates who have
Public officials affected
By Dick Pkrsol
Many Nebraska public officials at all
levels of government may be guilty of
conflict of interest if they or their law
partners in private practice handle certain
cases, according to a State Bar Assn.
adivosry committee chairman.
William Baird, chairman of the
committee, said, for example, it would be a
conflict of interest if a state senator
practicing law parivately or his law partner
defended a client charged with violating a
He said any public official practicing
law privately would be guilty of conflict of
interest if he or a partner defended a client
chareed with violating a statute passed by
the "law-making body of the political
subdivision the official serves.
Survey
Baird referred to bar association
advisory committee rulings requested by
Lincoln City Councilman John Robinson
and Max Denney, and Lancaster County
' Commissioner Bruce Hamilton. The
opinions stated that a conflict of Interest
would exist if Robinson or Hamilton, who
are law partners, defended a client on a
criminal charge in cither municipal or
county court. The ruling would apply to
Denney or any law partner in municipal
court.
Baird said the ruling does not apply in
civil cases unless tha pertinent political
subdivision were a party to the case.
As a result, Robinson and Hamilton are
breaking up their partnership of Hamilton,
German and Robinson. Denney is
withdrawing from the firm of Bailey,
Polsky, Huff and Denney.
Hamilton said that both he and
Robinson expected the ruling when Jhcy
requested the opinion although they were
surprised that the ruling included the other
firm numbers.
Spread word
Ih said the bar association should
spread the word to all members because he
i sure there are countv attorneys, City
Council members and other officials to
whom it would apply.
"I think the ruling would apply not
only to criminal court proceedings but to
legal appearances before state and local
boards and agencies," he said. I can live
with the decision but I want it to be
applied evenly to everyone potentially
involved."
Ho said he is looking for a salaried
position in government or education and
plans to take very few, if any, private cases
after his partnership is dissolved. Robinson
and German, the other firm members are
looking for office space to rent to continue
hir InHiyJrliiinl nrjjrtjrfj.
Baird said opinions on conflicts of
interest are given on request by the State
Bar advisory committee. He said, beginning
Monday, complaints of conflicts of interest
would be received by the State Bar
Association's counsel for discipline. They
then would be referred to a committee of
inquiry located in each of Nebraska's 21
judicial districts.
Broad concept
Baird said the concept of conflict of
interest is sufficiently broad and that each
case is handled separately and judged
according to the American Bar Assn. code
of professional responsibility.
Hie Nebraska Supreme Court has
adopted the code as the standard by hich
legal conduct is judged.
Baird said it would be Impossible to
legislate proper legal conduct because of
the variety of possible violations.
He said the bar associating policy on
public officials regarding the private ,
Eractics cf law is that, "you can't wear two
ats. If there is potential danger we would
rule that a conflict of interest exists."
The lincoln and Omaha city attorneys
and Lancaster and , Douglas county
attorneys already we prohibited by law
from maintaining private law practices.
1
Photo by Ted Kirk
John Yost
attained a level of scholarly achievement
that would merit the rank of full
professor," he said, "and second, we'll only
consider those who have had administrative
experience including ultimate
responsibility for personnel and budgetary
decisions," he said.
Minorities represented
Yost declined to name candidates being
considered but said that women and
minorities were represented in the group
still under consideration.
"We have some highly qualified people
under consideration at this time," he said.
The recent questioning of the ability of
the university to hold qualified people in
top administrative positions as "one on the
question marks we'll be facing for the next
few weeks," he said.
High qualifications
"Problems of this sort could arise, but
in the past decade we've been extremely
fortunate in being able to attract the
highest qualified administrators to the
post."
He cited the past two former deans,
Peter Magrath and George, as examples of
top administrators that have been attracted
to the position. Magrath is now president
of the University of Minnesota.
Yost sees an attitude of "retrenchment"
in higher education as opposed to. the
progressiveness of the college "boom"
years as one of the major problems facing
any candidate selected to be the new dean.
The new dean will have to cope with
budget problems and maintaining quality
instead of developing many new programs,
he said.
"As I see it, the greatest challenge
confronting the next dean of Arts and
Sciences will be to determine how we can
do fewer things better in order to improve
quality and avoid mediocrity," he said.
NU insurance costs rise
By Marian Lucas
A viable insurance protection policy has
been approved by the NU Board of
Regents for the university after much
searching and added expense.
According to NU Personnel Director
Roy Loudon, the university got "an
excellent" offer from Aetna life and
Casualty Co. considering what he called the
state of the insurance market.
Loudon said the liability market became
tighter because companies were paying
significantly more money for damages than
they were receiving in premiums, and that
the market was shrunk between claims and
investments.
The search for a new company was
started when Aetna Insurance Company,
the university's former underwriter, told
the university it could not continue its
coverage.
"Aetna Insurance Company told NU
they would have to charge $400,000," said
Loudon. "We couldn't search the market in
31 days, so they extended our policy until
July 31."
Both subsidiaries
Aetna Life and Casualty Co., the new
policy holders, and Aetna Insurance Co.,
the former underwriters, although not the
same company, are both subsidiaries cf
Hartford IriSurttuCS Ccrnpany.
A professional brokerage firm,
Alexander and Alexander, shopped for the
top companies in the country. "They
(Aetna) took a look at the risk and made
us an offer," said Loudon. He added that
the new underwriters thought the NU
Medical Center was one of its finest risks
because they said it was superbly managed.
Approved by the regents, the new
policy went into effect August 1. Under it,
NU will pay $207;000 annually for $1
million worth of protection in personal
injury, $1 million in personal injury for
more than one person in a single accident,
plus $100,000 property damage liability.
In addition, NU will pay a $100,000
deductible to retain that amount of risk.
Regents surprised
Regent Ed Schwartzkopf of Lincoln
said the regents were surprised at the
increase of premium rates. He said there is
a possibility NU might be self-insured in
the future. "It will take more study," said
Schwartzkopf, "but it's the regents'
responsibility to look at the course to
take."
Concerning the current policy
Schwartzkopf said, "It benefits the piece
of mind to know that you do have the
insurance." He added that if 10
malpractice cases were awarded to NU, the
nnivprcitv wmild benefit.
But in the three year's coverage of
Aetna Insurance Co., only four malpractice
suits were filed and several small suits in
general liability," Loudon said. "We just
haven't had them," he said.
Main concern
A main concern of underwriters was the
malpractice category, which involves
hospital and medical professional liability.
Loudon said the company would pay on
these claims up to 10 years from the time
of the alleged malpractice.
Dr. Kenneth Hubble, UNL Health
Center director, said not only physicians
but also x-ray technicians, lab technicians,
and nurses are covered under malpractice
insurance.
The new policy will expire next August
1, and in the meantime, legislators will be
trying to attack the problem of
malpractice, Loudon said.
"Somewhere these problems are going
to have to be mitigated, he said.
"When you look at the catastrophic
exposure we have, it scares you," he added.
inside I
State Fair: Opening features Heritage
Village's one-room school p.5
Job Offers: Declining for graduates p.3
College of Nursing: Building slowed p.2
Weather
Friday: Partly cloudy and humid with
highs in the 90s. Slight chance of afternoon
thunder showers. Winds southerly from 5
tolSmph. ' A
Friday night: Partly cloudy with 20 per
cent chance of thunder showers. Low in
the upper 60s.
Saturday: Partly cloudy with slight
chance of afternoon thundershowers. High
in the mld-80s to 90.
Sunday and Monday: Clear to partly
cloudy with highs in the 80s and lows in
the 60s.