CONWAY -- The University of Central Arkansas and its next president have agreed on a five-year contract that initially will pay $347,330 a year in addition to other benefits.
Houston Davis and UCA board of trustees Chairman Shelia Vaught signed the contract late Wednesday, but the university did not release it until Thursday.
Davis, 43, most recently was interim president at Kennesaw State University in Georgia. Sam Olens became that university's president Tuesday after resigning his position as Georgia's attorney general.
Davis' contract indicates that he will begin his job as UCA's 11th president Feb. 1, although UCA spokesman Christina Madsen said in an email Thursday that the start date "will be mutually agreed upon and is still to be determined but likely" will fall between Jan. 1 and Feb. 1.
[DOCUMENT: Read Houston Davis' contract]
President Tom Courtway is stepping down from the position, one he has held twice on an interim basis and once officially. His salary was $242,400.
The contract also provides Davis with either a mutually agreeable vehicle or a $750 monthly vehicle allowance.
Davis, who holds a doctorate in education and human development from Vanderbilt University, was awarded tenure by the UCA board.
The contract requires Davis to live in the UCA-owned president's house on Donaghey Avenue, just across the street from his office in Wingo Hall. He and his wife, Jenny, have three children and have been living in the Atlanta suburb of Roswell.
The UCA board voted to hire Davis without any discussion during a public meeting Wednesday night.
The board had met in executive, or closed, session Wednesday morning to discuss candidates. During that meeting, the panel took what Vaught later called "a straw vote" that enabled trustees to determine which of the four finalists to fly to Conway for the announcement that night.
The board did not vote on that matter publicly before it adjourned about 1 p.m. and scheduled the 7 p.m. open meeting.
An email confirming Davis' flight plans to Arkansas was sent to Davis, UCA Chief of Staff Kelley Erstine and others at 12:11 p.m. Central time Wednesday. The email, obtained by the Arkansas Democrat-Gazette, reflects an almost seven-hour gap between the "straw vote" and the public vote that by then was a mere formality approving Davis' selection as president. He was quickly introduced to the evening audience and gave a brief speech.
"We do not believe that it requires a board vote for a candidate to make arrangements to visit our campus," Madsen said in an email Thursday.
None of the other finalists were flown to UCA for the announcement. And UCA released detailed agendas for each of the four candidates when they recently visited UCA to talk with faculty and staff members and trustees.
Referring to the board's actions Wednesday, Madsen said, "We believe all actions were proper and in compliance with the [Freedom of Information Act]."
The board's decision to hire Davis was "made legal" when it was voted on in public that night, she said.
The board didn't take a public vote in its earlier meeting Wednesday.
John Tull, general counsel for the Arkansas Press Association, said Thursday that under the Freedom of Information Act, "actions taken based upon an executive session but before a public vote will not be legal."
In an email, Tull also said: "Arkansas law expressly provides that '[e]xecutive sessions must never be called for the purpose of defeating the reason or spirit' of the FOIA.
"In other words, if a public body wants to take actions based upon discussions had in executive sessions -- actions like making an offer of employment -- then the body must first reconvene in public and take a vote authorizing the action. As the FOIA states, actions taken based upon an executive session but before a public vote will not be legal," Tull said.
On another matter, Warren Readnour, UCA's general counsel, said in an email that Arkansas Code Annotated 6-63-309 authorizes colleges and universities to exceed the maximum salary level [set by the state] by 25 percent for certain positions, including president.
Act 49 of 2016 authorizes a salary of $245,864 for the UCA presidency. Since Davis' salary will more than exceed the 25 percent threshold allowed by law, it will be augmented by $40,000 from the nonprofit UCA Foundation, a fundraising arm of the university.
The two-story brick house that UCA provides for its presidents has been vacant except for some campus-related events since Courtway and his wife, Melissa, moved to a rented home at their own expense in May 2015. Courtway said at the time that the move would provide more privacy and allow for even more university functions in the house.
Courtway's predecessor, Allen Meadors, and his wife, Barbara, also moved out of the house while repairs and renovations were underway. The house ultimately led to Meadors' downfall. He ended up resigning and later pleading guilty to a misdemeanor that involved the mishandling of a $700,000 offer from food-vendor Aramark to renovate the president's home.
Davis' contract says the board will provide a housekeeper, grounds maintenance, all utilities, upkeep of the residence "and furnishings as may be mutually agreed upon."
The president also is to make the public areas of the house and grounds available for scheduled events involving visitors and others throughout the year.
The contract also details benefits that Davis would receive if either party terminates the agreement "for convenience." In that case, Davis could take a position as a tenured professor at a much lower salary.
If terminated "for cause," his employment would immediately terminate, unless required otherwise by law. He would get only the unpaid salary prorated through the effective date of termination and have 30 days to vacate the UCA-owned home in that situation.
State Desk on 11/04/2016