Kisch succeeds in ousting CHE legal advisor, but will not have time to appoint a replacement

After a full term of attempts by the Minister of Education, Yoav Kisch, to oust the legal advisor of the Council for Higher Education (CHE), Yael Tur-Kaspa, the CHE published an announcement today regarding her departure. Kisch attributed to Tur-Kaspa a major delay in his attempts to take over the Council and, primarily, a two-year delay in appointing his associate, Prof. Dudi Schwartz from Ono Academic College, as deputy chairman of the CHE, who is the de facto chairman.

However, Tur-Kaspa will only leave on October 31, a date that likely ensures that the appointment of her replacement will not be done under Kisch's influence. Her move is reminiscent of the resignation of five CHE members in July after the dissolution of the Knesset - a time when Kisch has no ability to appoint replacements.

In a letter sent by the CHE CEO, Maya Lugasi Ben-Hamo, to employees, it was stated:

«I wish to update you that we have reached agreements on the termination of the work of Adv. Tur-Kaspa, the serving legal advisor of the CHE. The agreed-upon end date of employment is October 31. After the end of her work, we will publish the tender for filling the position and will conduct the orderly procedure required in this matter.»

The announcement further stated that "During her years of work, Adv. Tur-Kaspa led the legal system of the CHE, was a partner in its establishment, and also served as a member of the management. As part of her role, Adv. Tur-Kaspa accompanied numerous legal proceedings, dealt with the promotion of legislative amendments, rules, and regulations, and was involved in many issues concerning the activities of the CHE and the Planning and Budgeting Committee."

Tur-Kaspa established the legal department of the CHE and headed it for 25 years. Kisch attributed to her the blocking of several decisions he tried to pass. The main bone of contention was Kisch's failure in May 2023, at the height of the judicial overhaul, to pass the appointment of Schwartz in the CHE. Tur-Kaspa determined that according to the CHE rules, the election of Schwartz required a majority among those present at the vote (which was not achieved) and not among the participants. The failure in knowing the bylaws was only one of many clumsy steps by Kisch.

In May 2024, Tur-Kaspa's lawyer at the time, Adv. Roi Blecher, turned to the Attorney General, Gali Baharav-Miara, and asked her "to act in all ways to stop the attacks and verbal assaults on Tur-Kaspa, and to give her the full backing and protections required for her to perform her work according to the law." According to him, Tur-Kaspa "is experiencing severe workplace bullying and suffers from harassing, aggressive, defamatory, humiliating, and threatening treatment by some CHE members," referring primarily to Dudi Schwartz.

Following the dispute, the CHE audit committee, headed by former MK Roi Folkman, decided to order an opinion from the former chair of the Institute of Certified Public Accountants, Iris Stark. Tur-Kaspa claimed that they were framing her. In a letter sent by Tur-Kaspa's lawyers, Adv. Orit Lavi-Nashiel and Asaf Ben-Melech, they claimed that the audit report, with an unprecedented volume of 223 pages, was transferred to Folkman before it was transferred for Tur-Kaspa's response, "contrary to any standard of auditing."

According to them, "This is a coordinated and orchestrated smear campaign. A libelous document full of slander and insults that has nothing to do with reality." Folkman, whose name is mentioned as a candidate for the Knesset on behalf of the Yashar faction, said: "Unfortunately, the CHE legal advisor chooses to attack the critical gatekeepers in any organization, and instead of addressing serious issues raised in the audit, she tries to undermine the process itself. The audit committee will not be deterred from doing its professional work. No one is exempt from criticism and improvement."