August 3, 2012

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

AUGUST 3, 2012

1. Roll Call

Present- Ms. Elizabeth Bradbury, Governor (by conference call)

Mr. Gordon Elliott, Chair of the Board

Mr. Peter Hofherr, Governor

Mr. Stephen B. Hoven, Governor

Ms. Paige Jenkins, Student Governor

Mr. Orvin Kimbrough, Governor

Ms. Beverly Miller, Governor

Ms. Cathy Smith, Vice Chair of the Board

Mr. John Winston, Governor

Absent- Mr. Stephen Bough, Governor

Also

Present- Clifton Smart III, Interim President

Drew Bennett, Chancellor of the West Plains Campus

Frank Einhellig, Interim Provost

Earle Doman, Vice President for Student Affairs

Ken McClure, Vice President for Administrative and Information Services

Jim Baker, Vice President for Research and Economic Development and International Programs

Kenneth Coopwood, Vice President for Diversity and Inclusion

Stephen Foucart, Interim Chief Financial Officer

Brent Dunn, Vice President for University Advancement

Penni Groves, Interim General Counsel

John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the meeting was Mr. Gordon Elliott, Chair of the Board of Governors. He called the meeting to order at 9:00 a.m. in the Traywick Parliamentary Room in the Plaster Student Union on the campus of Missouri State University in Springfield, Missouri.

3. Approval of Minutes:a. Board of Governors’ Meetings --- Mr. Elliott mentioned that the first item of business was the approval of the minutes for the open and closed meetings of June 22, 2012. Mr. Hofherr so moved, receiving the second of Ms. Bradbury.

Motion passed 8-0.

b. Executive Committee Meeting --- Mr. Elliott next asked if there was a motion for the approval of the minutes for the open Executive Committee meeting of June 29, 2012. Mr. Kimbrough so moved, receiving the second of Ms. Smith.

Motion passed 3-0. (Governors Bradbury, Kimbrough, and Smith)

4. Consent Agenda --- Mr. Elliott noted that the next item of business on the agenda was the approval of the Consent Agenda for this meeting. The items included in the Consent Agenda are:

June 29, 2012 Executive Committee Meeting

Approval of Office of Procurement Services activities from June 23, 2012, through June 29, 2012 (Purchasing Activity Report No. 374-12).

New offices at the Plaster Student Union (Bids & Quotations No. 1404-12) Larry Snyder & Company, low bid of $240,800; total project budget established at $320,000.

Modifications to rooms 370 and 372 at the Professional Building (Bids & Quotations No. 1405-12); Larry Snyder & Company, only bid received of $190,000; total project budget set at $230,000.

Approval to reduce the project budget for the addition and renovation at the Blair-Shannon Dining Center (Bids & Quotations No. 1406-12). This $150,000 reduction sets the project budget at $1,645,700.

Approval to increase the project budget for the addition and renovation of the Garst Dining Center (Bids & Quotations No. 1407-12). This $150,000 increase sets the project budget at $3,797,495.

Approval to increase the project budget for the Community Storm Shelter/Student Recreation Center (Missouri State University Hazard Mitigation Grant Program [HMGP] Community Storm Shelter Project) (Bids & Quotations No. 1408-12). This $15,000 increase sets the project budget at $2,236,113.57.

Approval to increase the project budget for the landscape improvements, Kings Street and the Bill R. Foster and Family Recreation Center (Bids & Quotations No. 1409-12). This $74,000 increase sets the project budget at $1,674,000.

President

Approval of salaries and benefits for Monica Jones as Assistant Director of Athletics for Academic and Student Services and Derrick Q. Tilmon as Assistant Coach, Men’s Basketball, and the correction of benefits previously approved for Neal Stafford, Head Coach for Men’s Golf (Human Resources No. 1393-12).

West Plains Campus

Approval of Activity Report dated August 3, 2012 (West Plains Activity Report No. 96-12).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 343-12).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 344-12).

Approval of addition of designated signatory to safe deposit boxes at the Community First Banking Company of West Plains, Missouri (West Plains Administration No. 16-12).

Approval of addition of designated signatory to checks on bank accounts at the Community First Banking Company of West Plains, Missouri (West Plains Administration No. 17-12).

Approval of lease agreement for property located at 105 South Curry Avenue, West Plains, Missouri (West Plains Agreement No. 31-12).

Student Affairs

Approval of revision of the Code of Student Rights and Responsibilities (Student Policies No. 105-12).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period June 23, 2012, through July 17, 2012 (Purchasing Activity Report No. 375-12).

Facilities and Equipment

Approval of Activity Report for the month of June 2012 (Activity Report No. 235-12).

Approval of an Intergovernmental Agreement with the City of Springfield for Law Enforcement Services for Missouri State University for FY13 (Agreement No. 294-12).

Approval of an amendment to single site agreement to lease tower space for KSMU-Joplin between Missouri State University and SBA Structures, Inc. (Agreement No. 295-12).

Approval of a lease agreement for general classroom and support space with the Illinois Place, LLC, Joplin, Missouri (Agreement No. 296-12).

Approval of a lease agreement for general classroom and support space with the City of Lebanon, Missouri (Agreement No. 297-12).

Approval of first addendum to sublease regarding the Department of Defense and Strategic Studies building space in Fairfax, Virginia (Agreement No. 298-12).

Approval of resolution granting a perpetual Electric Utility Easement to the SE-MA-NO Electric Cooperative to allow electrical service to be provided to the greenhouse located on the Mountain Grove Campus (Land No. 103-12).

Termination of a lease agreement between the Board of Governors of Missouri State University and Springfield Innovation, Inc., for JVIC (Agreement No. 299-12).

Termination of a lease agreement between the Board of Governors of Missouri State University and Springfield Innovation, Inc., for Plaster Center (Agreement No. 300-12).

Approval of a lease agreement for general office and support space (Agreement No. 301-12).

Approval of the second renewal of the contract with WMC, Inc., for FY11 Job Order Contracting Services – Mechanical Repair & Replacement (Bids & Quotations No. 1410-12).

Human Resources Items

Actions concerning academic employees (Human Resources No. 1394-12).

Actions concerning non-academic employees (Human Resources No. 1395-12).

Mr. Winston made a motion to approve the Consent Agenda, receiving a second from Mr. Hoven.

Motion passed 8-0.

5. President’s Report --- Mr. Clif Smart, Interim President, first reported that, today, we honor Jacob Singleton, a graduate student in history, who was recently named a Fulbright Scholar. We will also recognize his home department, history, which is headed by Dr. Kathleen Kennedy. Dr. Earle Doman, Vice President for Student Affairs, then provided more details of the Fulbright Scholarship, the premier exchange scholarship program that is instantly recognized in this country and throughout the world. Dr. Kathleen Kennedy then introduced Jacob and remarked how proud she was to be a “Bear” because of students like Jacob.

Mr. Smart next reported on the new Differential Fee Policy, which the Board asked us to develop when they approved the differential fee for the College of Business so that all colleges would know the process and procedure and be treated in the same manner regarding differential fees. This was presented to the Academic Affairs Committee in June and we wanted to present this to the entire board to get any additional feedback today before officially adopting it and posting it on our website.

He then presented a resolution (Purchase Approval No. 124-12) ratifying the acceptance of a proposal submitted by the partnership of Cranford Johnson Robinson Woods (CJRW) and Penn Shoen Berland (PSB) to conduct a University/College/Diversity Study for Research-Based Enrollment-Driven Marketing and Brand Identity Study and Marketing Plan. He added that Chair Elliott approved this in early July so we could continue in a timely manner and we now need full Board ratification. Moved and seconded, respectively, by Mr. Hoven and Ms. Miller.

Motion passed 8-0.

Mr. Smart then presented a resolution (Finance No. 1021-12) approving FY2014 Operating Fund decision items which we are required to submit to the Missouri Department of Higher Education and Coordinating Board for Higher Education. Our decision items include four items: 1) a funding adjustment for equitable funding of about $16 million spread over three equal yearly payments; 2) a funding adjustment for inflation of 1.7%; 3) funding for a new Occupational Therapy Program – ongoing funding of $825,000 per year with the first two years being used for start-up costs and subsequent years to provide ongoing support for the program; and 4) funding to help with maintenance and repair of about $8 million. He added that we are well aware of the State’s budget situation, but we believe it is important to get these requests on record. Moved by Ms. Smith, with the second provided by Mr. Winston.

Motion passed 8-0.

Mr. Smart next mentioned that Governor Jay Nixon was on campus this week to announce funding of a grant for a program that we are collaborating on with Springfield R-12 and OTC to produce a health academy to allow students who know they want to be in the health field to begin work in high school to complete their programs more quickly and less costly.

He ended his report by announcing that Dr. Jim Baker, Vice President for Research and Economic Development and International Programs, has been awarded with the Liupan Mountain Friendship Award from the Ningxia Hiu Autonomous Region of China. This is a prestigious award for all international experts who contributed significantly to the Ningxia – it is a highly competitive process of selecting ten awardees. Even more impressive, Dr. Baker is one of three candidates who have been recommended for the National Friendship Award.

6. Academic Affairs --- Dr. Frank Einhellig first presented a resolution (Curriculum No. 353-12) changing the name of the College of Business Administration to the College of Business, effective August 3, 2012. Moved by Mr. Winston and seconded by Mr. Hofherr.

Motion passed 8-0.

He next reported that faculty will return August 13-17, which will be a week of heavy preparation for the coming semester which starts on August 20.

7. Research and Economic Development & International Programs --- Dr. Jim Baker reported that total funds received in FY12 ended up being 1% higher than the previous fiscal year, and given the environment of federal and state governments, we are pleased with that outcome. The number of participating faculty members is up about 24%. He next reported that total international admissions are up by 166 students. He then highlighted the English Language Institute, which is a major strategic asset for the University. We are using this institute as a way of introducing ourselves to those from other countries.

8. Diversity and Inclusion --- Dr. Kenneth Coopwood, Vice President for Diversity and Inclusion, reported on two programs in his division – the Trio Upward Bound Program and Trio Student Support Services. Mr. TaJuan Wilson directs both programs and has become well known on a national level. Dr. Coopwood reported that in the Upward Bound Program, we were working with ten seniors from Central, Parkview, or Hillcrest this past Spring and all ten seniors graduated and four of these students are now at MSU. The Student Support Services program is our freshmen-to-senior program and for the first time since this program has been on our campus (1992), we have met all criteria established by the Department of Education with regard to retention, graduation, and administrative components.

9. West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, first presented a resolution (West Plains Faculty Policies No. 14-12) for approval of revisions to the Missouri State University-West Plains Faculty Handbook. Moved by Ms. Smith. Seconded by Mr. Hoven.

Motion passed 8-0.

He next presented another resolution (West Plains Agreement No. 32-12) for the approval of a Memorandum of Understanding with the University of Central Missouri. This agreement will allow for the seamless transfer of students from the Missouri State-West Plains Associate of Applied Science in Computer Graphics and Programming program to the UCM Bachelor of Science in Technology-Virtual Media option program. Moved by Mr. Hofherr. Seconded by Ms. Miller.

Motion passed 8-0.

Dr. Bennet next reported that for two years, MSU-West Plains has been ranked in the top 10% of community colleges by the Aspen Institute. This year, we are one of 40 two-year institutions interviewed to determine if we will be named one of the top ten institutions.

10. Student Affairs:

a. Report from Student Body President --- Ms. Paige Oxendine, Student Body President, reported that SGA Cabinet members will assist the Office of Student Engagement with move-in weekend activities. She added that SGA will celebrate the opening of the Foster Recreation Center by helping distribute surveys to students using the facility during the opening week festivities.

b. Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported on the upcoming Welcome Weekend activities. He also reported on the upcoming ribbon cutting ceremony of the Foster Recreation Center on August 20, 2012.

11. Staff Senate --- Ms. Dixie Williams, Chairperson for the Faculty Senate, reported that staff are gearing up for the upcoming start of the academic year.

12. Financial:

a. Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that our FY12 year-end gift totals exceeded last year’s totals by about $3.6 million. He added that they had a good start for FY13 as we were up in gifts received this July.

b. Financial Report ---Mr. Steve Foucart, Interim Chief Financial Officer, first presented a resolution (Purchasing Activity Report No. 376-12) for Office of Procurement Services activities from July 18, 2012, through August 3, 2012. He indicated the report includes two items for the Board’s approval, the first item being $150,000 for maintenance support for the University’s Cisco Smartnet network with World Wide Technologies. Mr. Ken McClure, Vice President for Administrative and Information Services, and Mr. Jeff Morrissey, Chief Information Officer, presented the second item – an estimated $1.445 million with SKC Communications to obtain Juniper equipment and maintenance to upgrade the University’s networking infrastructure. Moved by Mr. Kimbrough and seconded by Mr. Winston.

Motion passed 8-0.

13. Facilities & Equipment --- Mr. Ken McClure next presented the following resolutions for the Board’s consideration:

The Vivarium addition at Temple Hall (Bids & Quotations No. 1411-12); Larry Snyder & Company, low bid of $2,571,200 for the base bid plus alternates 2 and 3; total project budget set at $3,200,000.

The renovation of the Student Study Room at Glass Hall (Bids & Quotations No. 1412-12); Springfield Builders, Inc., low bid of $247,476 for the base bid plus alternates 1, 3, and 4; total project budget established at $358,000.

The new vehicular entrance signage for the Springfield campus (Bids & Quotations No. 1413-12); Carson-Mitchell, Inc., low bid of $180,000; total project budget set at $219,000.

Emergency generators for KOZK Fordland and KOZJ Joplin (Bids & Quotations No. 1414-12); Friga Construction Company, Inc., low bid of $142,900; total project budget set at $161,000.

Construction of classrooms at the Plaster Sports Complex (Bids & Quotations No. 1415-12); Larry Snyder & Company, low bid of $605,850 for the base bid, plus alternates 1 and 2; total project budget established at $842,000.

Approval of Apartment Lease Contract for International Faculty Housing with Elm Apartments, LLC (Agreement No. 302-12). The apartment will include four single bedrooms for visiting scholars and exchange faculty. The one-year contract will commence August 15, 2012, and terminate on July 31, 2013, at a monthly rent of $1,540.

Moved by Ms. Miller and seconded by Mr. Winston.

Motion passed 8-0.

14. Human Resources --- Mr. Kimbrough first announced that the Board’s Finance Committee held a conference-call meeting on July 26. He indicated that they talked extensively about the Third Party Administrator for the employee benefits plan and the entire committee were all in agreement with the direction being proposed.

Mr. McClure explained that considerable work has been undertaken for several months toward the ultimate goal of awarding four contracts: 1) third party administration services; 2) Preferred Provider Organization network access; 3) a dental contract; and 4) a pharmacy benefits manager. We are recommending two of these contracts today. Mr. McClure then presented two resolutions for the Board’s consideration:

Acceptance of proposal submitted by Med-Pay, Inc., as a Third Party Administrator (TPA) for the claims management, care management, and associated consulting services for Missouri State University’s self-insured group health care plan (Purchase Approval No. 125-12). This will allow us to use their services as we go forward toward a recommendation on the preferred provider.

Acceptance of proposal submitted by MedTrak Services, LLC, as Pharmacy Benefits Manager (PBM) for the pharmacy benefits management and associated consulting services for Missouri State University (Purchase Approval No. 126-12).

Moved by Mr. Winston. Seconded by Mr. Hoven.

Motion passed 8-0.

Mr. McClure then presented a resolution (Agreement No. 303-12) for the approval of amendments to the Memorandum of Agreement between the University and the Teamsters, Local Union 245, an affiliate of The International Brotherhood of Teamsters. Moved and seconded, respectively, by Mr. Kimbrough and Mr. Hofherr.

Motion passed 8-0.

15. Unfinished Business --- Mr. Elliott then provided an update on the Presidential Search process. He reported that the priority date for applications received was July 13. The committee members began reviewing the materials submitted by 38 applicants. By mid-August, it is planned to narrow the field to about 8-12 applicants who will get additional review by the committee. From that list, we will identify 6-8 semifinalists who will be interviewed in early September. Coming out of those interviews, the committee will recommend 2-4 finalists to the Board for campus interviews.

16. New Business – Mr. Elliott next reported that this is the meeting for our annual election of officers. Ms. Smith asked to make a statement. Although she was eagerly anticipating taking a turn as Board Chair, things have changed and she, in the spirit of working as a team, will continue to support Mr. Elliott as Chair.

Mr. Elliott then asked if there were any nominations for Chair. Mr. Hofherr nominated Mr. Elliott with Ms. Bradbury providing the second to the nomination. With no other nominations being offered, Mr. Elliott asked for a vote on the one nomination.

Nomination passed 7-0-1(Mr. Elliott abstaining).

Mr. Elliott then asked if there were any nominations for Vice-Chair. Ms. Bradbury nominated Mr. Kimbrough for Vice-Chair. Mr. Hofherr seconded the nomination. With no other nominations being offered, Mr. Elliott asked for a vote on the nomination.

Nomination passed 7-0-1(Mr. Kimbrough abstaining).

Mr. Elliott then asked if someone would nominate as Secretary and Treasurer, respectively, Mr. John McAlear and Mr. Steve Foucart. Mr. Winston so nominated, receiving the second of Ms. Bradbury.

Nominations passed 8-0.

Mr. Elliott then announced that he is proposing that the Executive Committee consist of Ms. Smith, Ms. Bradbury, and Mr. Kimbrough. Mr. Hofherr so moved, receiving the second of Ms. Miller.

Motion passed 8-0.

Ms. Penni Groves, Interim General Counsel, then presented a proposed Board Bylaw amendment. The amendment would change the meeting at which annual officer elections would be held from the first regular meeting of the fiscal year to the meeting held in connection with the University’s homecoming festivities. The newly elected officers would then start their term on the following January 1. Ms. Groves explained that this is the first reading of this proposed amendment and that the Board would vote on this item at their next regular meeting on October 26. Mr. Winston explained that this is a simple change to match up terms of office for board officers with their terms as members of the Board – all board members’ terms end on January 1 of odd-numbered years.

Ms. Miller and Ms. Smith both made suggestions for further bylaw amendments. After a short discussion, it was decided to go forward with the proposed bylaw amendment as presented so it could be voted on at the next meeting. Additional bylaw amendments could be considered at future board meetings and/or retreats.

17. Closed Meeting --- It was determined that the Board of Governors needed to meet in a closed session to consider items of business provided in the Revised Statutes of Missouri. Mr. Elliott asked if a resolution authorizing a closed meeting of the Board was prepared. Thereupon, the following resolution was presented for consideration:

BE IT RESOLVED by the Board of Governors for Missouri State University that a closed meeting, with closed records and closed vote, be held immediately following this August 3, 2012, meeting of the Board of Governors to consider items of business pursuant to:

a. R.S. Mo. 610.021 (1). “Legal actions, causes of actions, or litigation involving a public governmental body…”

b. R.S.Mo. 610.021 (2). “Leasing, purchase or sale of real estate by a public governmental body…”

c. R.S.Mo. 610.021(3). “Hiring, firing, disciplining or promoting of particular employees by a public governmental body…”

d. R.S.Mo. 610.021 (12). “…any documents related to a negotiated contract….”

e. R.S.Mo. 610.021(13). “Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment,…”

Mr. Kimbrough moved the approval of the resolution and Ms. Miller seconded the motion.

A roll call vote on the resolution was as follows: those voting in favor – Governors Bradbury, Elliott, Hofherr, Hoven, Kimbrough, Miller, Smith, and Winston; those voting against – none; those absent – Governor Bough.

Mr. Elliott declared the resolution passed unanimously.

18. Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, October 26, 2012, at 1:00 p.m. on the Springfield Campus.

19. Adjournment--- Mr. Elliott adjourned the meeting at 11:00 a.m.

John W. McAlear

Secretary