December 19, 2008



DECEMBER 19, 2008


1.                  Roll Call

Present-     Ms. Elizabeth Bradbury, Governor

Mr. Ryan Childress, Student Governor

Mr. Michael Duggan, Chair of the Board

Mr. Gordon Elliott, Governor

Mr. Brian Hammons, Vice-Chair of the Board

Mr. Orvin Kimbrough, Governor

Ms. Mary Sheid, Governor

Ms. Cathy Smith, Governor

Ms. Phyllis Washington, Governor

Mr. John Winston, Governor



Present-     Michael Nietzel, President

                  Drew Bennett, Chancellor of the West Plains Campus

                  Earle Doman, Vice President for Student Affairs

                  Belinda McCarthy, Provost

Ken McClure, Vice President for Administrative and Information Services

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 Mr. Michael Duggan, 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. Duggan asked for a motion for the approval of the minutes for the open and closed meetings of October 10, 2008.  Ms. Sheid so moved, receiving the second of Mr. Kimbrough.

 Motion passed 9-0.

 b.      Executive Committee Meetings --- Mr. Duggan next asked if a member of the Executive Committee could offer a motion for the approval of the minutes for the open and closed Executive Committee meetings of October 27, 2008 and the open meeting of November 10, 2008.  Mr. Hammons so moved, receiving the second of Mr. Elliott.

 Motion passed 3-0 (Governors Elliott, Hammons, and Washington).

 4.         Consent Agenda --- Mr. Duggan 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:

 October 27, 2008 Executive Committee Meeting

Procurement Activity Report for the period of October 10, 2008 through October 24, 2008 (Purchasing Activity Report No. 323-08).

 Approval of a Cooperative Agreement between Missouri State University and the Missouri Department of Conservation for the University to study the propagation of endangered native mussels for research and recovery (Agreement No. 230-08).

 Approval to purchase property from Willow Brook Foods, Inc., (Land Purchase No. 99-08); property located at 405 N. Jefferson, Springfield, Mo., at a purchase price of $1,975,000 plus any related closing and environmental remediation costs.

 November 10, 2008 Executive Committee Meeting

The second floor lab equipment installation at the Jordan Valley Innovation Center (Bids & Quotations No. 1286-08); WMC Mechanical, low bid of $84,650; total project budget established at $115,000.

 West Plains Campus

Approval of the Activity Report dated December 2, 2008 (West Plains Campus Activity Report No. 73-08).

 Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 287-08).

 Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 288-08).

 Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period October 10, 2008 through December 5, 2008 (Purchasing Activity Report No. 324-08).

 Facilities and Equipment

Approval of Activity Report for the month of September 2008 (Activity Report No. 190-08).

 Approval of Activity Report for the month of October 2008 (Activity Report No. 191-08).

 Approval of Activity Report for the month of November 2008 (Activity Report No. 192-08).

 The replacement of two high-voltage switches in the utility tunnel on the Springfield Campus (Bids & Quotations No. 1287-08); AC Electrical Systems, Inc., low bid received of $171,800 for the base bid; total project budget established at $220,000.

 Professional services in conjunction with the exterior repairs needed at Hammons House (Architects & Engineers No. 646-08); Structural Engineering Associates, Inc., for a fee not-to-exceed $313,000 plus reimbursable expenses.  Additional services of up to $30,000 as described in this agreement may be authorized and approved as necessary.

 Human Resources Items

Actions concerning academic employees (Human Resources No. 1275-08).

 Actions concerning non-academic employees (Human Resources No. 1276-08).

 Ms. Sheid moved to approve the Consent Agenda receiving a second from Ms. Bradbury.

 Motion passed 9-0.

 5.         Financial:

            a. Auditor’s Report --- Ms. Nila Hayes, Chief Financial Officer, introduced Ms. Michele Brekken and Ms. Rachel Dwiggins from BKD, LLP.  Ms. Brekken then gave a brief report on the June 30, 2008 audited financial statements.  She reported that the financial statements as presented, are materially correct in accordance with generally accepted accounting principles.  She also indicated that the University had $88.6 million in unrestricted net assets at the end of June compared to $24.9 million at June 30, 2002 showing that the University has done a great job in building its operating reserve to help face such economic times that are occurring right now.

 6.         President’s Office --- Dr. Michael Nietzel, President, first gave the Board a mid-year report on the University’s six themes for 2008-09:  1) Foster our students’ success; 2) Enrich our Public Affairs mission; 3) Transform our campuses; 4) Strengthen our competitiveness; 5) Engage our communities; and 6) Advance our understanding.  Great progress has been made in each of the six themes for the year.

             Dr. Nietzel then mentioned the goals that we identified this past summer for the upcoming session of the general assembly – 1) complete the third year of the phased-in recovery appropriation; 2) to support the “Caring for Missourians” healthcare strategic initiative, and 3) to make some progress on maintenance and repair funding.  Obviously, things have changed because of the economy, and we are dealing with a different reality at this point.  The institution has identified a process by which we could address a 5% cut in our State appropriation.  He explained that we just recently completed impact statements associated with 15%, 20%, and 25% reductions in our State appropriation for FY10.  Dr. Nietzel added that, to be prudent, we have placed a freeze on maintenance and repair expenditures, on classroom improvements, on international travel that is supported by general fund revenue, and we have also asked all departments to be very careful in any kind of discretionary spending at this point.  He indicated that ten positions were identified yesterday that we would not fill.  We will find out more about the budget picture when Governor Nixon reveals his plan in mid to late January.  He ended his report by commenting that there is a stimulus package available that lowers unemployment, that increases the average salary, that produces additional public revenue, and that reduces health care expenditures… and this stimulus package is Higher Education.  

 Dr. Nietzel then presented a resolution (Human Resources No. 1277-08) appointing Mr. Ken McClure to the position of Vice President for Administrative and Information Services.  Moved by Ms. Sheid.  Seconded by Mr. Kimbrough.

 Motion passed 9-0.

 He next presented a resolution (Agreement No. 231-08) approving an Addendum to the Amended and Restated Ballpark License Agreement with the John Q. Hammons Revocable Trust regarding the use of Hammons Field for the University’s baseball games and practices for a term of one year from March 14, 2009 to March 13, 2010 for the same License Fee of $150,000 plus 25% of ticket revenues greater than that amount.  Motion made by Mr. Elliott, receiving the second of Ms. Sheid.

 Motion passed 9-0.

 Mr. Duggan then presented Dr. Nietzel, in recognition of the completion of the first major capital project under his leadership, a frame with pictures of the JQH Arena from start to finish.

 7.         Educational:

a.   Faculty Senate Report --- Dr. Pauline Nugent, Chairperson for the Faculty Senate, offered a resolution (Awards No. 28-08) regarding the Faculty Senate’s recommendation to the Board of Governors that the honorary doctorate degree, Doctor of Public Affairs be conferred upon Ms. Patti Penny at the Commencement Ceremony in May, 2009 in recognition of her extraordinary achievements in the area of Public Affairs.  Moved by Ms. Sheid and seconded by Mr. Hammons.

       Motion passed 9-0.

       Dr. Nugent next offered a second resolution (Awards No. 29-08) regarding the Faculty Senate’s recommendation to the Board that the honorary doctorate degree, Doctor of Public Affairs, be conferred upon Ms. Jan Horton at the Commencement Ceremony in May, 2009 in recognition of her extraordinary achievements in the area of Public Affairs.  Moved by Mr. Hammons.  Seconded by Ms. Bradbury.

       Motion passed 9-0.

 b.      Report from the Provost --- Dr. Belinda McCarthy, Provost, first recognized Dean Ron Bottin who is retiring on January 31, 2009 after nineteen years as Dean of the College of Business Administration.  She next announced that the Missouri State World Affairs Council was named the “Overall Outstanding Delegation” at the American Model United Nations International Conference in Chicago in November.  She then introduced Ken Rutherford, Faculty Sponsor, Ann Fuhrman, and the two student members, Judith Rowland and Megan Hammer.  Dr. Rutherford added that Judith and Megan won the largest model UN competition in the World.  He added that Missouri State won this same award five years ago.  He recognized Ann Fuhrman of the Meyer Library which is the only model UN library in the State of Missouri.  Dr. McCarthy next reported that we received a ten-year accreditation for our program in Physical Therapy in November.  She then presented the following resolutions for the Board’s consideration: 

 Approval of the Academic Calendar for 2010-11 (Curriculum No. 324-08).

 Approval of an amendment to the Faculty Handbook  section 3.4.4 changing the title of Distinguished Professor of Research to just Distinguished Professor (Faculty Policies No. 118-08).

 Approving the creation of a new academic department – Department of Criminology and changing the name of the Department of Sociology, Anthropology and Criminology to the Department of Sociology and Anthropology (Curriculum No. 325-08).

 Moved by Mr. Winston and seconded by Ms. Smith

                         Motion passed 9-0.

 Dr. McCarthy then presented a resolution (Curriculum No. 326-08) approving the participation by Missouri State University in MoCAP (Missouri Center for Advanced Power) in Joplin, Missouri.  This new 501(c)(3) not-for-profit organization will provide educational programming, internship possibilities for students, and research collaborations between MSU and Eagle Picher Corporation in the area of advanced power technology, along with Missouri Southern, University of Missouri-Columbia, and Missouri Science and Technology.  Moved by Ms. Sheid and seconded by Ms. Bradbury.

 Motion passed 9-0.

 8.         Research and Economic Development --- Dr. Jim Baker, Vice President for Economic Development, presented the Sponsored Program Activity Report for the first five months of the fiscal year – 139 proposals have been submitted and 99 awards have been received totaling almost $12.5 million.

 9.         West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that they expect a modest increase in enrollment for the Spring 2009 semester.  He next announced the new Wendell Bailey Entrepreneur Program Endowment – a $100,000 endowment which will be completed over the next five years from various individuals and the City of West Plains.  This endowment is named in honor of Mr. Wendell Bailey, former State Treasurer, State and U.S. Representative, and a long time supporter of Missouri State University-West Plains and entrepreneur programs.

 10.       Student Affairs:

a.   Report from Student Body President --- Mr. Orlando Hodges, President of the Student Body, commended Dr. Nietzel’s efforts in keeping the students informed and involved in the process of reacting to the State’s current economic situation.  Mr. Duggan commented to Mr. Hodges that one of the areas that students can help is recruiting new students by returning home and selling our great university.  Mr. Hodges replied that they have already been working with local high schools on this type of initiative. 

      b.   Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported that there will be some major student recruitment trips to St. Louis, Kansas City, and Jefferson City in the coming months.  Ms. Cathy Smith, Chair of the Student Affairs Committee, and the other members of the Committee then presented the Citizen Scholar crystal globes to Ashley Egan, Catherine Shoults, and Sean Cain.

 11.       Finance:

a.   Development Report --- Mr. Brent Dunn, Vice President for University Advancement, presented the development report for the five-month period ending November 30, 2008.  He reported that we are up about $1.9 million in total gifts received which is a 33% increase over last year which was a record year for the Missouri State University Foundation.

 b.   Financial Report --- Ms. Nila Hayes, Chief Financial Officer, first asked Mr. Winston, Chair of the Finance Committee, to comment on the Committee’s meeting held this morning prior to this Board meeting.  Mr. Winston commented that they held discussions on the budget, the JQH Arena, the report from BKD, and an Internal Audit Report on the University’s Center for Defense and Strategic Studies.  Ms. Hayes next presented the following resolution for the Board’s consideration:

 Approval of the Procurement Activity Report from December 6, 2008 through December 18, 2008 (Purchasing Activity Report No. 325-08).

 Moved by Ms. Smith.  Seconded by Mr. Elliott.

 Motion passed 9-0.

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

             Approval of a lease to rent space to hold recreation classes off campus at the First Baptist Church Christian Life Center at 501 South Street at $15 per hour (Agreement No. 232-08).

             Approval of three utility easements to City Utilities connected with the University’s application for the vacation of portions of four streets from the City Planning and Zoning Commission (Land No. 95-08).

             The elevator renovations to Glass Hall (Bids & Quotations No. 1288-08); KONE, low bid of $299,200 for the base bid; total project budget set at $355,000.

             Moved by Mr. Hammons, receiving the second of Ms. Bradbury.

             Motion passed 9-0.           

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

 Approval of a change of status granting Dr. Ron Bottin emeritus status effective February 1, 2009 (Human Resources No. 1278-08).

 Moved by Mr. Hammons.  Seconded by Ms. Sheid.

             Motion passed 9-0.           

 14.       New Business:

a.   Amendment to Bylaws--- Mr. Clif Smart, General Counsel, presented revisions to the Board Bylaws which will be acted on at the Board’s next meeting – February 20, 2009.  He summarized that these revisions primarily are the result of a Board directive from the summer retreat where we develop a system where university policies are better organized, and are divided into governing policies, approved by the Board, and operating policies, approved by the University’s President.  These revisions also include some new sections that were policies of the Board but were not included in the Bylaws.  Mr. Smart, on receiving a question on the Board’s Attendance Policy from Ms. Washington, indicated that he would research this and report back to the Board. 

 b.   To repeal out-of-date board resolutions--- Mr. John McAlear presented a resolution (Board Policies No. 54-08) to repeal out-of-date board resolutions.  He explained that it was mentioned at the summer retreat that the university policy project had uncovered some board resolutions which were out of date for a variety of reasons.  It was requested that we bring these types of resolutions to a meeting for a formal repeal by the Board.  This resolution includes eight of these older resolutions that are no longer current.  Moved by Mr. Winston.  Seconded by Ms. Smith.

       Motion passed 9-0.     

 15.       Date of Next Meeting --- The date of the next scheduled meeting was set for Friday, February 20, 2009 at 10:00 a.m. on the West Plains Campus.

 16.       Adjournment--- Mr. Duggan adjourned the meeting at 11:05 a.m. on the motion of Mr. Kimbrough, the second of Mr. Hammons, and the unanimous vote of the Board.

 John W. McAlear