[Vision2020] SJR101 Change to the Idaho Constitution

[bear at moscow.com]

It appears that to charge tuition at the University of Idaho, unlike all the other state
colleges 
and universities, the Constitution of Idaho needs to be amended.  While I feel it is time
for such 
a change, I also feel it doesn't go far enough and will urge all the readers of the list,
and all of 
the voters of the State of Idaho, who will have to vote on this amendment, to vote no.

Because of the so called special constitutional status of the University of Idaho, it
currently gets 
to pick and comply with state laws it likes, and ignores state laws it doesn't like. IF
the 
Constitution is to be amended, ALL of the so called special status of the University  of
Idaho 
should be changed so it has to comply with ALL of the laws of the state.

The best example I can give of this is a recent encounter I had with the University of
Idaho for a 
position I applied for there. In the initial application process, and during my follow-up 
enquiries, I  invoked my rights under  Idaho Code 65-501, " 65-501.  STATEMENT  OF  
PURPOSE.  It  is  the intent of the legislature to  honor veterans of the armed forces by 
providing preference in initial appointments to public sector jobs in Idaho.  Veteran's  
preference  is  intended  to honor those citizens who have served their country in active
duty by 
providing veterans  a  more favorable competitive position for government employment and
acknowledging the larger sacrifice of disabled veterans. Eligible veterans are
provided advantages in public employment in Idaho,  including  preference  for initial 
employment and retention in the event of layoffs. Veteran's preference
requires  public  employers  to  provide additional consideration for eligible veterans,
but it 
does not guarantee the veteran a job."

This was the University of Idaho's response from the Hiring Manager:

"Thank you for your response and voicing your concern.  While the University of Idaho is
committed to recruiting individuals from protected groups including women, persons with
disabilities, persons of color, and Vietnam-era veterans, it is not required to use
Veteran's Preference in its hiring decisions.  Unlike most other state institutions, the
UI was established prior to statehood in 1889 by an act of the territorial legislature.  
The UI's constitution was ratified and approved with Article 9, Section 10 of the
constitution giving control of the UI to the board stating, "the Regents shall have the
general supervision of the university, and the control and direction of all the funds of,
and appropriations to, the university, under such regulations as may be prescribed by
law."  As such, the UI follows Board policy versus the Legislature.    
Note that the Legislature and Board both get their authority directly from the people,
and each is created by the constitution and one has no authority over the other unless
specifically granted by the constitution. Accordingly, the legislature has no authority to
place restrictions on the Board in the matter of their employment of professors, officers,
agents, or employees.
I would like to point out that the University of Idaho is an "equal opportunity and
affirmative action employer and it is the policy of the regents that equal opportunity be
afforded in education and employment to qualified persons regardless of race, color,
national origin, religion, sex, age, disability, or status as a disabled veteran or
Vietnam-era veteran."  

In other words, they won't hold it against me that I am a veteran, but because of their
special 
status, they won't comply with the state law that gives a veterans hiring preference
either!   

Can't have it both ways - The University wants to change the Constitution to charge
tuition, 
fine, but then change the Constitution to comply with ALL the state laws, they don't get
to pick 
and choose.




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