Roland calls for Morris Brown Trustees to Resign Over presidential debacle
Quick Read
Summary
Takeaways
- ❖Morris Brown College's Board of Trustees fired President Dr. Kevin James, then reinstated him a week later.
- ❖The board's public statement admitted the termination did not comply with contractual and procedural requirements.
- ❖Roland Martin asserts this reveals gross incompetence and a failure of basic governance duties.
- ❖The board's actions risk significant lawsuits, jeopardize the college's upcoming accreditation review, and undermine donor confidence.
- ❖Martin calls for the immediate resignation of all board members who participated in the decision to fire Dr. James.
Insights
1Board's Admission of Procedural Failure
The Morris Brown College Board of Trustees publicly admitted that Dr. Kevin James's termination 'did not fully comply with the procedural and contractual requirements outlined in his employment agreement.' This admission of incompetence was included in their official statement announcing his reinstatement.
The board's statement cited by Roland Martin directly states the non-compliance with procedural and contractual requirements.
2Risk to Accreditation
The board's erratic decision-making and public display of instability occurred just months before Morris Brown College's critical accreditation review. Accreditation bodies prioritize stable leadership and sound governance, making the board's actions highly detrimental to the college's ability to maintain its accredited status.
Roland Martin and guest Dr. Aaron Lynch emphasize that accreditation bodies look for stability and proper governance, and this incident undermines both, especially with top leadership changes.
3D&O Insurance Implications
The board likely holds Directors and Officers (D&O) insurance, which could cover legal costs and payouts for wrongful termination. However, this insurance typically does not cover claims arising from violations of the organization's own policies, meaning the board's admitted procedural failure could render their D&O insurance void for this incident.
Dr. Aaron Lynch explains that D&O insurance, which Morris Brown likely has, would not cover claims if the board violated its own policies, as they admitted.
4Loss of Donor and Community Trust
The board's demonstrated incompetence and lack of due diligence severely damages the institution's reputation, making it difficult to attract new donors, retain existing ones, and reassure prospective students and their families about the college's stability and leadership.
Roland Martin explicitly states he would not have confidence in giving money to the board, and guests discuss the impact on students and potential large donors like Mackenzie Scott.
Bottom Line
The board's public admission of procedural failure in a termination, despite likely having D&O insurance, suggests a profound lack of understanding of basic corporate governance and risk management, potentially invalidating their insurance coverage for the incident.
This specific detail indicates a deeper systemic problem beyond just a 'mistake' in firing, highlighting a failure to understand the interplay between internal policies, external legal protections, and financial liabilities.
Organizations can develop and implement mandatory, ongoing training for board members on governance, contractual law, and risk management, specifically covering D&O insurance limitations and the legal implications of internal policy violations, to prevent similar catastrophic errors.
Key Concepts
Fiduciary Responsibility
The legal and ethical obligation of a board to act in the best financial interests of the institution, ensuring proper management of assets and resources.
Governance
The system of rules, practices, and processes by which an organization is directed and controlled, including oversight of leadership, adherence to bylaws, and strategic decision-making.
Lessons
- Demand the resignation of any board member who participated in the decision to fire Dr. Kevin James without proper due diligence.
- Review and update all institutional bylaws, operating procedures, and employment contracts to ensure clarity and legal compliance.
- Implement mandatory, regular training for all board members on fiduciary responsibilities, governance standards, and legal implications of employment decisions.
Board Protocol for Presidential Termination
**Review Contract Thoroughly:** Obtain and meticulously read the president's employment contract, paying close attention to 'for cause' and 'without cause' termination clauses, severance packages, and all associated penalties or obligations.
**Consult Legal Counsel:** Engage general counsel to review the contract and proposed termination plan, ensuring full compliance with all legal and procedural requirements.
**Conduct Due Diligence:** Investigate the basis for termination, including internal or external investigations, recent performance reviews, and any events transpiring since the last review that might justify the action.
**Assess Financial Impact:** Calculate the full financial cost of termination, including salary, benefits, and potential legal settlements, and confirm the institution's ability to bear these costs.
**Document All Actions:** Ensure all discussions, votes, and decisions regarding the termination are contemporaneously and thoroughly documented in board minutes, including attendance and vote counts, to meet federal compliance requirements (e.g., 990s for 501c3 organizations).
Notable Moments
The Morris Brown Board's statement admitting their termination of Dr. Kevin James did not comply with contractual and procedural requirements.
This public admission of incompetence by the governing body is highly unusual and directly validates the host's criticism, revealing a profound failure in basic governance.
The discussion about the timing of the incident relative to Morris Brown College's upcoming accreditation review.
This highlights the severe strategic blunder, as instability in leadership and governance can directly jeopardize the college's accreditation, threatening its very existence.
Quotes
"YOU MEAN TO TELL ME that they actually POSTED IN a press release... that Dr. Jane separation from the college did not fully comply with the procedural and contractual requirements outlined in his EMPLOYMENT AGREEMENT. THAT MEAN YOU DUMB ASSES FIRED THE PRESIDENT AND YOU DIDN'T EVEN READ HIS CONTRACT BEFORE YOU DID."
"Every board member of Morris Brown College who participated in the decision to fire Dr. Kevin James must resign today. They all should resign. What you have done is you have grossly embarrassed your university. You have shown that you are incompetent to lead."
"You cannot file a claim for DNO if you violated your own policies. And that's exactly the letter that they put out."
Q&A
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