The “Public Service Mandate”
of Federally-created Land Grant Universities
This brief executive summary will discuss:
1. .The Federal “mandate of public service” in the creation of land grant universities in
1862.
2. The history of success of the “mandate” and why it works.
3. The role of the federal government beginning in the 1970s in causing/inducing/paying
universities to breach/minimize the original “mandate”.
4. The current state of affairs.
5. Does Congressman DeSaulnier have standing (and a moral and legislative duty) to
return public universities to their “mandate”?
6. What specific policies and legislative initiatives could Congressman De Saulnier pursue
today with a reasonable chance of success?
7. My credentials to write this paper.
-----------------------------------------------------------------1. .The Federal “mandate of public service” in the creation of land grant universities.
In 1862, President Abraham Lincoln signed the Morrill Land Act which gave tracts of federal
land to the states for free:
The purpose of land-grant colleges (from Wikipedia):
“without excluding other scientific and classical studies and including military tactic, to
teach such branches of learning as are related to agriculture and the mechanic arts, in
such manner as the legislatures of the States may respectively prescribe, in order to
promote the liberal and practical education of the industrial classes in the several
pursuits and professions in life.
Under the act, each eligible state received a total of 30,000 acres of federal land, either
within or contiguous to its boundaries, for each member of congress the state had as of
the census of 1860. This land, or the proceeds from its sale, was to be used toward
establishing and funding the educational institutions described above.”
In 1862, the people of the predominantly northern states (many of which were fighting in the
Civil War at the time) were challenged by the problems of the day: practical and industrial
challenges in mining, agriculture, wine making in California, industrial manufacturing of
weapons in the north east etc.
Today, the problems of the day are: climate change, smart cities, wellness and health care,
education at all levels, race relations, guns, just to name a few. It’s the same historical
“mandate” to land grant universities, only the problems of the day have changed over time.
2. The success of the “mandate” and why it works.
The early successes were due to the normal human reaction: “do something for me and I’ll do
something for you”. “If I need you, I’ll keep you”. A clear example of this human reaction
occurred in 1870, when the independence/autonomy of the new public university in California
was debated throughout the state: independent Board of Regents versus “education department”
under the Governor and state bureaucracy? The documented work of Professor Hildegard of UC
Berkeley in getting the campus faculty and staff out from behind the walls of the campus to the
people and working on the problems of the day: agricultural, mining, teaching how to make wine
in Napa and a whole host of immediate practical problems, ultimately brought a public vote in
favor of independence for the University’s Board of Regents. Taxpayers then were as human as
they are today, and will support a public higher education system if they believe public higher
education is in their self-interest. They simply ask today the normal human question they asked
in 1870: “what have you done for me lately?” The answer these “modern” days is: “not so
much”.
3. The role of the federal government beginning in the 1970s in causing/inducing/paying
universities to breach/minimize the original “mandate”.
In the 40s, 50s and 60s, campus researchers got well-deserved awards and notoriety (Lawrence,
Seaborg, Noble Laureates) and became the presidents and chancellors with staggering prestige.
With my great respect, without the atom-smashing research of public universities in the 40s, the
U.S. could have lost WWII. Starting in the 70s however, “publish or perish” became the
mantra/dogma/condition at these land grant campuses and everything else (teaching and service
to the public) started to fall out of focus.
Follow the money – who was funding the research-is-king culture? Using UC Berkeley as the
case study, federal money now accounts for 56% of UC Berkeley’s research funding ($691
million annually at current pace). It is a little acknowledged fact that federal research is actually
a financially losing proposition for UC. The federal indirect rate of expense reimbursement does
not cover the real costs/expenses of the university in doing the federal research. Profit on
federally-funded research is illegal. If profit on the universities’ labors were legal then fiscal
sustainability could be achieved. Then, as public universities became more financially stressed
and unstable with the Great Recession, campus administrators grew even more
dependent/addicted and gave even more priority/importance/hiring decisions/building decisions
to federal research dollars despite the ever increasing inconsistency of federal budgets and
sequesters. “Public Service” became relegated to an optional student-enrichment program far
down the organization chart of virtually every public university in America.
Does the federal research-is-king culture encourage the breach/minimization of the original
“mandate” of public service?
4. The current state of affairs.
The current Mission of the University of California for example (taken for their web site)
“The University's fundamental missions are teaching, research and public service”
Despite the Mission statement which establishes public service with equal standing, for the last
20 years, university administrators have been complaining at every opportunity, arguing against
the general reduction in government investment in higher education. Not a word goes into
service to the public. The administrators dogmatically won’t budge off the research-is-king
status quo, though the public isn’t buying it.
A new alarming mantra has just surfaced however - my words: “the people don’t get us so we’ll
have to throw in the towel and become mediocre.”Focusing on UC Berkeley as the case study,
which is in Congressman DeSaulnier’s district, here are Chancellor Nick Dirk’s words as
recently as 9-18-15:
5. Does Congressman DeSaulnier have standing (and a moral and legislative duty) to
return public universities to their original “mandate”?
Mark must be meticulously precise in his research (and this paper is just the first step) and
marathon-like-methodical in building collaborations if he were to advance a new, disruptive and
anti-status-quo position to fix public higher education. But this is what I know, despite Mark’s
appointment to the Committee on Education, and Subcommittee on Higher Education, and
Government Reform and more revealing Founder and Chair of the Innovation and Human
Condition Caucus, I have known Mark for 25 years and he won’t be able to hold himself back
from inserting himself in a leadership position in this issue. It like his 18th marathon! Our job is
to help him be meticulous and marathon-like methodical.
6. What specific policies and legislative initiatives could Congressman De Saulnier pursue
today with a reasonable chance of success?
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Establish a Vice Chancellor of Public Service on every campus – funded by the revenue
generated from Public Service Contracts.
Establish rewards for faculty who accomplish “public service contracts” at the same
reward level as “research”, funded from the revenue generated by the Public Service
Contracts.
Establish rewards for university staff who lead in public service contracts. Staff can now
receive a small percentage of cost savings they suggest, why not turn it around with
funding by the new revenue generated by Public Service Contracts.
Establish a campus committee of 100 for-profit companies that want to partner in public
service.
Establish a campus committee of 100 non-profits and foundations who want to partner in
public service.
Establish a campus committee of 100 government organization at all levels who want to
partner in public service.
Establish a campus half day seminar to teach how “public service contracts” can
substantially help in fiscal sustainability for the university or college.
Establish a public relations campaign to tell the public/voters/taxpayers that public
universities want to partner with them on the problem of the day.
Shout loudly at every chance, that public universities want to partner in the problems of
the day.
My credentials to write this paper
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Designated signatory of the UC Regents for the UC Berkeley campus (1997 – 2012)
without dollar limit, to sign contracts where campus departments provided public service
for fees
Personally signed approximately 10,000 contract on behalf of the UCB campus
departments valued at close to $1 billion in unrestricted revenue with approximately 25%
profit (in some cases as high as 50%!).
Personally taught (with others) 15 campus –wide half-day seminars on how to make
revenue through contracting out to provide public service for fees.
J.D., M.B.A. (Information Technology), Instructor, Intellectual Property Law UCB.
15 years studying public higher education for The Spirit of Fiat Lux book.
Mark and I run up and down mountains (well maybe mostly valleys these days) and there is little
that you can ask me to do which I and the 45 members of the Enterprise 501 c3 nonprofit
corporation wouldn’t do (and we have lots of friends in high places too!).
Respectfully to all of Mark’s superb staff.
Brian