The Chronicle of Higher Education October 17, 2011 Draft Contract for Florida A&M Chief Drops 'Evergreen' Clause but Not Supermajority Voting By Jack Stripling Florida A&M University's trustees would no longer be on the hook to pay out three years of compensation to their president if he was dismissed without cause, but under a proposed revision to James H. Ammons's contract, he would retain significant job security and would be eligible for slightly higher annual compensation. The draft agreement, which was obtained by The Chronicle through a public-records request, would eliminate an "evergreen" contract clause<http://chronicle.com/article/Florida-A-M-Board-Pushes-to/129355/> that required Mr. Ammons's three-year employment agreement to be renewed each day. Instead, Mr. Ammons would be employed through June 30, 2016, with an option for renewal by a supermajority of the board. The president's current contract, which was approved by trustees in 2007, has been criticized by current board members, many of whom were not in place when Mr. Ammons was hired. Of particular concern was the daily-renewal provision of the contract. Many trustees and outside experts interpreted the evergreen clause to mean that Mr. Ammons, if fired without cause, would continue to receive his $325,000 presidential salary, among other benefits, for three years. The new contract would limit those payments to one year. Florida A&M trustees are likely to vote on the amended contract in December, unless a special meeting is called to do so beforehand. Mr. Ammons, who was appointed by a narrow 7-to-6 board vote, would retain a key contractual provision designed to protect his job. Under the new contract, a two-thirds majority of the board would still be required to terminate Mr. Ammons without cause or with cause, which is defined as "gross negligence." The board would also have more room in the new contract to deny Mr. Ammons bonuses, which are now virtually automatic. The new contract states that Mr. Ammons "shall be eligible" for performance bonuses, rather than "shall receive" annual bonuses. The new contract would substantially reduce the amount of performance bonuses for which Mr. Ammons is eligible, but in the final analysis the amended version actually would put more potential money on the table for the president. Increases in base salary, annuity contributions, and newly established retention bonuses would make the president eligible to receive $481,563 per year, which is an increase of about $3,800. Mr. Ammons also would retain additional contributions for health care, retirement, club memberships, travel, housing, and automobile allowances. SANDRA M. PHOENIX Program Director HBCU Library Alliance sphoenix@hbculibraries.org<mailto:sphoenix@hbculibraries.org> www.hbculibraries.org<http://www.hbculibraries.org/> 404.592.4820 Skype:sandra.phoenix1 1438 West Peachtree Street NW Suite 200 Atlanta, GA 30309 Toll Free: 1.800.999.8558 (Lyrasis) Fax: 404.892.7879 www.lyrasis.org<http://www.lyrasis.org/> Honor the ancestors, honor the children.