December 17, 2010

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

DECEMBER 17, 2010

1. Roll Call

Present- Ms. Elizabeth Bradbury, Chair of the Board

Mr. Michael Duggan, Governor

Mr. Brian Hammons, Governor

Ms. Mary Sheid, Governor

Mr. Brandt Shields, Student Governor

Ms. Cathy Smith, Governor

Ms. Phyllis Washington, Governor

Mr. John Winston, Governor

Absent- Mr. Gordon Elliott, Vice Chair of the Board

Mr. Orvin Kimbrough, Governor

Also

Present- James E. Cofer, Sr., President

Drew Bennett, Chancellor of the West Plains Campus

Earle Doman, Vice President for Student Affairs and Dean of Students

Ken McClure, Vice President for Administrative and Information Services

Jim Baker, Vice President for Research and Economic Development

Nila Hayes, Chief Financial Officer

Brent Dunn, Vice President for University Advancement

Clifton Smart, General Counsel

John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the meeting was Ms. Elizabeth Bradbury, Chair of the Board of Governors. She 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 --- Ms. Bradbury mentioned that the first item of business was the approval of the minutes for the open and closed meetings of October 22, 2010. Ms. Sheid so moved, receiving the second of Mr. Duggan.

Motion passed 7-0.

b. Executive Committee Meeting – Ms. Bradbury next asked for a motion for the approval of the minutes for the open Executive Committee meeting of November 18, 2010. Mr. Hammons so moved, receiving the second of Ms. Smith.

Motion passed 3-0 (Ms. Bradbury, Mr. Hammons, and Ms. Smith voting).

4. Student Affairs:

a. Citizen Scholar Recognition --- Dr. Earle Doman, Vice President for Student Affairs, presented a resolution (Awards No. 39-10) approving the following students as Citizen Scholars for 2010-2011: Weston Bland, Sara Ellis, Luke England, Melissa Fagan, Judith Rowland, and Jacob Swett. Moved by Ms. Sheid and seconded by Ms. Washington.

Motion passed 7-0.

Ms. Cathy Smith, Chair of the Board’s Student Affairs Committee, and the other members of the Committee, Ms. Phyllis Washington, Ms. Mary Sheid, and Mr. Brandt Shields, introduced each of the Citizen Scholars and presented them with a crystal globe. The Citizen Scholar Award Wall was then unveiled in the back of the Parliamentary Room that showed this year’s group picture of Citizen Scholars added to the display.

5. Financial:

a. Presentation of June 30, 2010, Audit Report --- Ms. Nila Hayes, Chief Financial Officer, introduced Ms. Rachel DWiggins and Mr. Gary Garwitz, of BKD. Ms. DWiggins presented the year-end financial statements to the Board. She reported that the University did receive a clean, or unqualified, opinion on its financial statements. Total assets increased about $15.5 million this year, while total liabilities were down about $7.5 million. Net Assets were up about $23 million to a total of about $396 million.

b. President’s Audit Committee Report --- Mr. Clif Smart, General Counsel, reported that even before the recent State Audit on the University was issued, Dr. Cofer had appointed a three-person committee to analyze the findings and recommendations of the State Audit. The committee was composed of Mr. John McAlear, past Director of Internal Audit; Dr. Dick Williams, the Director of the School of Accountancy; and himself. Mr. Smart then reported on a few of the more significant issues in which the committee offered recommendations to address the concern raised in the State Audit. One of these concerns was the operating loss at Greenwood Laboratory School – about $400,000 per year. He commented that a survey showed that the Greenwood tuition is lower than that of all of its private school competitors. The committee’s recommendations in this area are: 1) that tuition be increased for the 2011-2012 academic year; 2) that by the beginning of the 2013-2014 academic year, the annual deficit be eliminated through tuition and fee increases, and expenditure reductions; and 3) that consideration be given to increasing the tuition waiver for children of University employees to offset at least part of the tuition increase. He ended his report by remarking that the State Audit was valuable to the University. Ms. Washington commented that she appreciates the fact that it is recommended that the faculty and staff receive some relief from an increased tuition at Greenwood, but she would also like to see the level of diversity at Greenwood addressed.

Ms. Bradbury commented that the Board agrees that the State Audit produced valuable information, the Board takes it very seriously, and she thanked the committee for their work on this project.

c. Adoption of Governing Policy on Presidential Carry Forward Funds – Mr. Smart next presented a resolution (Board Policies No. 65-10) adopting a policy regarding Presidential Carry Forward Funds. He added that the State Audit recommended that we have a policy addressing these carry forward funds. The policy indicates that these funds shall be used in the best interest of the University as determined by the President, and that a report detailing the revenue and expenses of these funds be made annually to the Board. Moved by Ms. Sheid and seconded by Mr. Hammons.

Motion passed 7-0.

6. Consent Agenda --- Ms. Bradbury 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:

November 18, 2010, Executive Committee Meeting

The Science Scholars’ Laboratory addition to Greenwood Laboratory School (Bids & Quotations No. 1341-10); Rich Kramer Construction, low bid of $2,315,320 for the base bid plus alternates two and seven; total project budget set at $2,600,000.

West Plains Campus

Approval of Activity Report dated November 30, 2010 (West Plains Campus Activity Report No. 85-10).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 316-10).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 317-10).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period October 22, 2010, through December 3, 2010 (Purchasing Activity Report No. 353-10).

Facilities and Equipment

Approval of Activity Report for the month of October 2010 (Activity Report No. 215-10).

Approval of Activity Report for the month of November 2010 (Activity Report No. 216-10).

Safety lighting improvements for the Springfield campus (Bids & Quotations No. 1342-10); AC Electrical Systems, low bid of $157,750 for the base bid and all alternates; total project budget established at $200,000.

Exterior renovation of Hutchens House, Garst Cafeteria, Hammons House, and Freudenberger House (Bids & Quotations No. 1343-10); DeWitt & Associates, Inc., low bid of $4,527,500 for the base bid plus alternates one and four; total project budget set at $5,200,000.

Architectural and engineering services in conjunction with the renovation of the auditorium in Carrington Hall (Architects & Engineers No. 666-10); Dake Wells Architecture, for a fee of ten percent of the actual construction costs plus reimbursable expenses (the anticipated cost of this contract could be between $50,000 and $70,000). Additional services of up to $10,000 as described in this agreement may be authorized and approved as necessary.

Professional services in conjunction with the interior finishes renovation for the residence hall system on the Springfield campus (Architects & Engineers No. 667-10); Interior Planning Consultants, Inc., for a fixed fee of $75,000 plus reimbursable expenses. Additional services of up to $15,000 as described in this agreement may be authorized and approved as necessary.

Approval to increase the amount for additional services to the contract of Structural Engineering Associates, Inc., approved on July 30, 2010, for the professional services in conjunction with the exterior repairs to Hutchens House, Garst Cafeteria, Hammons House, and Freudenberger House due to an increased scope of work now being requested by the University (Architects & Engineers No. 668-10). The $20,000 increase brings the total additional services amount to $60,000.

Approval to increase the project budget for the interior renovation of Looney Hall (Bids & Quotations No. 1344-10); this $25,000 increase brings the new project budget to $411,636.

Human Resources Items

Actions concerning academic employees (Human Resources No. 1330-10).

Actions concerning non-academic employees (Human Resources No. 1331-10).

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

Motion passed 7-0.

7. President’s Report --- Dr. James E. Cofer, Sr., President, first thanked BKD for their presentation of the annual financial audit. He also thanked Ms. Nila Hayes and the entire Financial Services staff for their work assisting BKD on this audit. Dr. Cofer next reported that we are still making progress on the long-range plan. We are currently working on very specific performance measures and targets for those measures, as well as tactics to support the objectives and strategic initiatives. His hope is that we are able to bring a draft of the plan to the Board in early 2011 and finalize it by the June meeting. He next reported that the legislative session in Jefferson City begins on January 5, 2011. He mentioned that key materials have been left at each of the Governors’ seats – 1) 2011 legislation session goals; 2) the MSU System FY2012 budget request; and 3) a legislative contact sheet. Dr. Cofer commented that we still do not have specific budget information for FY12. We probably won’t have this information until the Governor’s State-of-the-State address in January. The internal budget process is continuing. We have begun planning even though we do not have specific budget numbers.

Mr. Kyle Moats, Director of Athletics, next presented a resolution (Agreement No. 259-10) to enter into the Second Amended and Restated Ballpark License Agreement with John Q. Hammons Revocable Trust for the use of Hammons Field from March 14, 2011, through March 13, 2016. Moved by Ms. Smith and seconded by Mr. Duggan.

Motion passed 7-0.

8. Academic Affairs:

a. Academic Affairs Committee --- Mr. Hammons, Chair of the Board’s Academic Affairs Committee, reported that they had a very good meeting yesterday with reports from: 1) Dr. Jim Baker on a focus on rural health and education initiatives; 2) Dr. Carey Adams who gave an update on the long range plan progress: and 3) Dr. Etta Madden who gave an update on the General Education Task Force.

b. Faculty Senate Report --- Dr. Rebecca Woodard, Chairperson for the Faculty Senate, presented a resolution (Awards No. 40-10) recommending that the honorary doctorate degree, Doctor of Public Affairs (A.P.D.), be conferred upon Dr. Bert E. Park at the Commencement Ceremony in May 2011 in recognition of his extraordinary achievements in the area of Public Affairs. Moved by Ms. Sheid and seconded by Mr. Hammons.

Motion passed 7-0.

Dr. Woodard next reported that Dr. Cofer addressed the full Faculty Senate at its November meeting on topics including, but not limited to, compensation, the State Audit, course redesign, athletics, and the state of higher education in Missouri and across the nation. They appreciate and value the open, constructive, and positive discussions that they have had with Dr. Cofer.

c. Report from the Provost --- Dr. John Catau, Associate Provost, first reported that even though budget constraints prohibit any merit compensation increases, the performance review process for faculty members will continue to be used. He next gave a report on the low-completer programs. The Missouri Department of Higher Education (MDHE) defined a low-completer program as an undergraduate program that had an average of less than ten graduates per year over a three year period, and a graduate program that had an average of less than five graduates per year over the same time period. There were 384 such programs identified statewide. Of those, 63 programs were to be deleted and 321 programs were maintained with justifications provided. For MSU, we identified 41 low-completer programs, with seven of these to be deleted and 34 programs to be maintained with justifications provided. The MDHE has asked for further justification on 27 of these 34 programs. He added that there have been discussions among some of the state universities regarding collaborative programs – where several universities might cooperate in offering a major.

He then presented the following resolutions for the Board’s consideration:

Add an Accelerated Masters Degree (MSEd)-Literacy to the Education Program (Curriculum No. 338-10).

Add a new Special Education: Autism Spectrum Disorders-Emphasis Accelerated Masters Degree Option to the Education Program (Curriculum No. 339-10).

Add an Accelerated Masters Option to the Masters of Public Health (MPH) Program (Curriculum No. 340-10).

Moved by Mr. Duggan and seconded by Ms. Smith.

Motion passed 7-0.

Dr. Catau next presented the following resolutions for the Board’s consideration:

Add a Bachelor of Science in Nursing to Doctor of Nursing Practice (BSN to DNP) to the Nursing Program (Curriculum No. 341-10).

Add a Post-Masters Doctor of Nursing Practice (PM-DNP) to the Nursing Program (Curriculum No. 342-10).

Moved and seconded, respectively, by Ms. Sheid and Mr. Hammons.

Motion passed 7-0.

9. Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, commented that he would be happy to answer any questions on the Sponsored Program Activity Report included in the agenda. With no questions brought forward, he concluded his report.

10. West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that they recently conducted their last outreach visit to a high school (Norwood) in their service area (23 high schools) on the importance of going to college. He added that recently released data from the Department of Elementary and Secondary Education indicated that the West Plains Campus’s seven-county service area has increased the number of students who are going to college, the military, or vocational school by 5.6% since the West Plains Campus began its outreach program in December 2007, while the overall State average is decreasing.

11. Student Affairs (continued):

a. Report from Student Body President --- Mr. Jacob Swett, President of the Student Body, gave a short report to the Board, including the SGA’s recommendation that a committee of students, library staff, Computer Services staff and any other representatives of necessary departments be formed and coordinated by the Academic Affairs Committee of SGA to decide how best to implement students’ desired changes to extend hours at the library.

b. Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, presented a resolution (Student Policies No. 102-10) approving the revised Student Government Association Constitution. Moved by Ms. Washington, receiving the second of Mr. Duggan.

Motion passed 7-0.

Dr. Doman next reported that Spring registrations are up 479 students when compared to the same time period last year. He added that for Fall 2011, we are up 3% in applications from first-time freshmen.

12. Staff Senate --- Ms. Tabitha Haynes, Chairperson of the Staff Senate, reported that Staff Senate is in the process of overhauling their bylaws. She also reported that they have raised over $1,100 in sales from their cookbook for staff scholarships.

13. Financial (continued):

a. Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that total gift dollars received by the Missouri State University Foundation through November 30, 2010, are up about $1.3 million when compared to the same period last year. He also reported that on January 12, 2011, they will be kicking off a yearlong celebration recognizing the 30th anniversary of the Foundation.

b. Financial Report --- Ms. Nila Hayes, Chief Financial Officer, presented a resolution (Purchasing Activity Report No. 354-10) for Office of Procurement Services activities from December 4, 2010, through December 16, 2010. Moved by Mr. Winston. Seconded by Mr. Duggan.

Motion passed 7-0.

14. Facilities & Equipment --- Mr. Ken McClure, Vice President for Administrative and Information Services, presented the following resolutions for the Board’s consideration:

Professional services in conjunction with the renovation of lab classrooms in Temple Hall (Architects & Engineers No. 669-10); Ross & Baruzzini, for a not-to-exceed fee of $72,000 plus reimbursable expenses. Additional services of up to $40,000 as described in this agreement may be authorized and approved as necessary.

The Community Storm Shelter/Student Recreation Center ((Missouri State University Hazard Mitigation Grant Program (HMGP) Community Storm Shelter Project (Federal Grant FEMA-DR-174-MO, Project #0001)) (Bids & Quotations No. 1345-10); Crossland Construction, low bid of $1,931,500 for the base bid plus alternates 1, 2, 3, 4, and 5. Total project budget set at $2,221,113.57.

Approval of an Intergovernmental Agreement between City of Springfield, Missouri, and Missouri State University (Agreement No. 260-10) creating a forensic computing internship program for students in the Department of Computer Science. This agreement would provide an office area of approximately 1,928 square feet in the Park Central Office Building for the Springfield Police Department, Computer Forensics Unit. The annual value of the space provided is $20,244.

Approval of authority to enter into a Master License Agreement with the City of Springfield (Agreement No. 261-10) allowing the University to install banners on City rights-of-way. These banners will provide a strong identity and branding of IDEA Commons in the designated area of this agreement.

Approval of an Addendum to Lease Agreement between Warren Davis Properties and Missouri State University for the Levy-Wolf Building (Agreement No. 262-10). This lease is for approximately 14,985 square feet and the addendum extends this lease for an additional five-year term expiring at midnight on January 31, 2016.

Moved by Ms. Sheid and seconded by Mr. Duggan.

Motion passed 7-0.

15. Human Resources --- Mr. McClure next presented the following resolution for the Board’s consideration:

Approval of Restatement of the Medical Insurance Plan (Human Resources No. 1332-10). The Missouri State University Group Medical Plan has been amended seven times since it was last updated in 2006. This action collapses all seven amendments into the one document and brings the plan into compliance with new health care legislation.

Moved by Ms. Washington, receiving the second of Mr. Duggan.

Motion passed 7-0.

16. 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. Ms. Bradbury 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 December 17, 2010, meeting of the Board of Governors to consider items of business pursuant to:

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

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

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

Mr. Winston moved the approval of the resolution and Ms. Sheid seconded the motion.

A roll call vote on the resolution was as follows: those voting in favor – Governors Bradbury, Duggan, Hammons, Sheid, Smith, Washington, and Winston; those voting against – none; those absent – Governors Elliott and Kimbrough.

Ms. Bradbury declared the resolution passed unanimously.

17. Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, February 11, 2011, at 10:00 a.m. on the Springfield Campus.

18. Adjournment--- Ms. Bradbury adjourned the meeting at 10:50 a.m. on the motion of Mr. Duggan, the second of Ms. Sheid, and the unanimous vote of the Board.

John W. McAlear

Secretary