Missouri State University

February 20, 2004

MINUTES OF THE BOARD OF GOVERNORS
SOUTHWEST MISSOURI STATE UNIVERSITY
FEBRUARY 20, 2004

1.                  Roll Call

Present-      Dr. Barbara Burns, President of the Board
                  Mr. William Darr, Governor (by conference call)
                  Mr. Michael Duggan, Governor
                  Mr. Michael Franks, Vice President of the Board
                  Ms. Mary Sheid, Governor (left the meeting at 10:30
                      a.m.)
                  Ms. Phyllis Washington, Governor
                  Ms. Kelli Wolf, Student Governor


Absent-       Mr. Thomas Carlson, Governor

Also
Present-      John Keiser, President
                  Kent Thomas, Chancellor of the West Plains Campus
                  Bruno Schmidt, Vice President for Academic Affairs
                  Don Aripoli, Vice President for Student Affairs
                  Kent Kay, Associate Vice President for Finance
                  Greg Burris, Vice President for Administration &
                        Finance
                  John F. Black, General Counsel
                  John W. McAlear, Secretary of the Board 

2.         Presiding --- The presiding officer for the meeting was Dr. Barbara Burns, President of the Board of Governors.  She called the meeting to order at 9:00 a.m. in the Parliamentary Room of the Plaster Student Union on the campus of Southwest Missouri State University in Springfield, Missouri.
 

3.         Minutes --- Dr. Burns noted that the first item of business on the agenda was the approval of the minutes submitted by the Secretary for the open meeting of January 16, 2004.  Mr. Duggan moved to approve the minutes as presented.  Mr. Franks seconded the motion.

Motion passed 5-0 (Ms. Sheid was out of the room).

4.         Educational:

a.   Faculty Senate Report --- Dr. Jim Giglio, Chairperson for the Faculty Senate, reported that he and two other Senate representatives attended the Missouri Association of Faculty Senates meeting in Jefferson City this month.  They presented a resolution, passed by our Faculty Senate, to create a public action committee to conduct a statewide effort to advance the cause of higher education in Missouri.  It will be voted on at the October meeting.

b.   Report from Vice President for Academic Affairs --- Dr. Bruno Schmidt, Vice President for Academic Affairs, presented a resolution (Faculty Policies No. 111-04) approving the 2003-2004 guidelines for the University and College Recognition Awards.   Moved by Ms. Sheid, receiving the second of Mr. Franks.

Motion passed 6-0.

He next presented a resolution (Agreement No. 118-04) approving the Cooperative Agreement between the Board of Governors and the Governor's Council on Physical Fitness and Health, Missouri Office of Administration.  He explained that this is a large bus made up as a human body and it is taken to elementary schools statewide so elementary school children can learn about the human body.  This program has been administered by the University of Missouri the past several years.  Moved by Ms. Sheid.  Seconded by Mr. Duggan.

Motion passed 6-0.

5.         West Plains Campus:

a.   Report from the West Plains Campus --- Mr. Kent Thomas, Chancellor reported that their enrollment ended up being 1,397 which is 30 students higher than last year, an increase of 2%.  He also reported that they are set to institute online web registration for courses in April.  This will help students in that they will not need to drive to campus to register for classes.  He then presented the following resolutions for the Board's consideration:

Approval of Addendum to Contract for Sale of Real Estate for the Purchase of Property at 211 Franklin Avenue, West Plains, Missouri (West Plains Campus Land Purchase No. 18-04).

Approval of actions concerning academic employees of the West Plains Campus (West Plains Personnel No. 209-04).

Approval of actions concerning non-academic employees of the West Plains Campus (West Plains Personnel No. 210-04).

Approval of consultant and the authority to enter into an agreement for architectural services in conjunction with providing services on an "On-Call" basis (West Plains Architects & Engineers No. 48-04); TRC & Associates, on an hourly basis with a not to exceed period of one year or an amount of $10,000 plus reimbursable expenses.

Approval of a new academic program for the Certificate of Enology (West Plains Curriculum No. 18-04).

Approval of a new academic program for the Associate of Applied Science in Enology (West Plains Curriculum No. 19-04)

Approval of a new academic program for the Certificate in Viticulture (West Plains Curriculum No. 20-04).

Approval of a new academic program for the Associate of Applied Science in Viticulture (West Plains Curriculum No. 21-04).

Approval of a new academic program for the Associate of Applied Science in Business – Technology Management (West Plains Curriculum No. 22-04).

Approval of changing the title of the Industrial Supervision Certificate to the Technology Management Certificate (West Plains Curriculum No. 23-04).

Approval of changing the title of the Associate of Applied Science in Industrial Technology – Industrial Supervision program to Associate of Applied Science in Industrial Technology - Technology Management (West Plains Curriculum No. 24-04).

Moved by Mr. Franks.  Seconded by Ms. Sheid.

Motion passed 6-0.

6.         Student Affairs:

a.   Report from Student Body President --- Mr. Rafiel Warfield, President of the Student Body, reported that SGA has been focusing on student fee and tuition increases.  He commented on the action by the administration to override a judgment of the SGA regarding whether to officially recognize a certain student organization on campus.  He said that we all know that there are policies and procedures in place and we adhere to these because they are what provide us the opportunities and privileges to make decisions on different issues.  However, when our decisions, right or wrong, about our student organizations are not fully considered, we begin to get worried.  He remarked that he was told by a member of the administration that the decision of the SGA regarding the recognition of this student group would stand.  However, ten days later, the decision of the SGA was overturned.  He indicated that he is concerned about future decisions of the SGA that do not fall in line with certain administrators on campus.  He would like to talk with the leadership on campus about needing to remember that we are a campus community and that all parties need to be involved in decision making.

b.   Report from Vice President for Student Affairs:  Dr. Don Aripoli, Vice President for Student Affairs, remarked that he appreciated Rafiel's comments and that one of the things we struggle with in a campus environment, where the community represents people who may disagree on the best course of action, is that we try to follow our policies for appeals and due process to review and react to decisions.

He next distributed a report that listed all of the Federally Mandated Reporting/Disclosing Reports that has been put together by a committee to help manage our reporting requirements and to ensure that we do not miss a filing of a required report.

He then presented a resolution (Policies & Procedures No. 95-04) approving the use and presence of alcohol at SMSU baseball games which is an exception to university policy.  He explained that beer will be sold at Hammons Field where the SMSU baseball team will be playing.  He added that this resolution should have been brought to the Board when we began playing at Price Cutter Park as beer is sold there but he was not aware of that.  This would be similar to other exceptions to our policy such as tailgate parties, alcohol at the President's residence, and special functions at the Juanita K. Hammons Hall for the Performing Arts.  He explained that SMSU is not serving the beer and that the sales proceeds go to the stadium owners.   Moved by Ms. Sheid and seconded by Mr. Duggan.

Motion passed 6-0.

Dr. Aripoli then asked Dr. Barbara Bushman, Associate Dean of the Graduate College, to give a report to the Board on enrollment and enrollment management from the perspective of the Graduate College.  Her report showed that the number of graduate students has increased dramatically since 1995.  We now have 43 different graduate programs compared to 22 in 1995.  Graduate enrollment now represents around 17% of our total enrollment.  If you exclude our pre-college enrollment, the graduate enrollment percentage increases to 18.1%.

Dr. Ron Fairbairn, Dean of Continuing Education, next gave an overview of the different types of programs and services that Continuing Education provides.  They have administrative oversight over a wide variety of credit and noncredit programs.  The credit programs are provided in collaboration with the academic departments and colleges throughout the campus.  He added that the Center for Continuing and Professional Education handles all of the noncredit programs.  They have about 6,500 enrollments annually.  Some of these programs have been offered all over the country in twenty-five to thirty major cities.  He remarked that he is a member of the Enrollment Management Committee and Continuing Education works closely with that committee to support their objectives. 

7.         Staff Senate Report --- Mr. Phil Nichols, Chairperson of the Staff Senate, reported that Dr. Keiser was the guest speaker at the first in a series of lunch-hour lectures sponsored by the Staff Senate's Public Affairs Committee.  At the first session of the University's budget discussions that he attended, the idea of a one-time only salary increase was put forth as a possibility this next year.  This issue was discussed at the Staff Senate and an informal motion was passed not to support that option.

8.         Report from the President --- Dr. John Keiser reported that Phoenix University contacted us yesterday to inform us that they will start a major presence in Springfield.  He next mentioned that we will bring a student fee recommendation to the Board very soon.  He also reported that we just received notification that SMSU was accredited by the NCAA without any reservations. 

He then presented a resolution (Agreement No. 119-04) approving a Cooperative Agreement between the Mid-America Viticulture and Enology Center (MVEC) and the Missouri Department of Agriculture.  Moved by Mr. Franks and seconded by Mr. Duggan. 

Motion passed 5-0 (Ms. Sheid out of the room)

Dr. Keiser next presented a resolution (Curriculum No. 267-04) approving a plan to reorganize the School of Agricultural Sciences.  This reorganization places five departments under an Associate Dean for Agricultural Sciences – Agriculture, Fruit Science, Consumer & Family Studies, the State Fruit Experiment Station, and the Mid-America Viticulture and Enology Center.  Moved by Mr. Darr and seconded by Mr. Franks.

Motion passed 5-0 (Ms. Sheid out of the room).

Dr. John Strong, Assistant to the President, next gave a report on the Office of Citizenship and Service Learning (CASL) and the Campus Volunteer Center.  CASL has the mission of enhancing our academic programs along with enhancing the community.  The Campus Volunteer Center is here to enhance student's experiences and to provide volunteers for the community.  Ms. Mary Barb, Coordinator of the Campus Volunteer Center, reported that they provide volunteer opportunities for our faculty, staff, and students by maintaining a web site of current opportunities that they can access at any time.  In 2002-03, they tracked over 143,000 volunteer hours campus wide.  Ms. Elizabeth Burton, Associate Director of CASL, next reported on how faculty are using the CASL program to enhance their teaching, service, and research.  Dr. Strong next asked a community partner, Ms. Karla Trammell of the Family Violence Center; a faculty member, Dr. Tim Knapp, Professor of Sociology & Anthropology; and a student, Ms. Shoneen Osborn, to talk about how these programs have impacted them.

Dr. Jim Baker, Assistant to the President, next presented a resolution (Agreement No. 120-04) approving a Memorandum of Understanding between SMSU and Primary Care Network, Inc., (better known as the National Headache Center).  We are doing a lot of research with the trigeminal nerve and this group has the same interest.  Moved by Mr. Duggan and seconded by Mr. Franks.

Motion passed 5-0.

Dr. Baker then gave an overview of our Annual Report of Performance Measures.  He selected a few of the 67 performance measures to show examples of where we have met our goal and where we have not met our goal.  He showed how the challenge of inequitable funding that we have experienced has led to SMSU's average faculty salary dropping further from the average faculty salaries at comparable public, comprehensive universities. 

9.         Financial:

a.   Development Report --- Mr. Paul Kincaid, Director of University Relations, presented the Development Report for the seven months ending January 31, 2004.  Although our January gifts are down in both numbers and dollars when compared to January of 2003, our year-to-date totals are ahead of where we were after seven months last year.  In total dollars, we are up about $700,000. 

He next presented a resolution (Agreement No. 121-04) approving an agreement for a sculpture of a female student with a globe.  He explained that as part of the Centennial Celebration, we would like to have a public affairs sculpture cast and placed on campus.  He displayed a small model of the proposed 17 foot tall bronze "Female Student with Globe" depicting the Public Affairs Mission and worldwide scope of the educational mission of SMSU.  This resolution is to approve the commission agreement with sculptor Dr. Jim Hill in the amount of $30,000 plus expenses of $3,000.  The total cost of this project will run around $125,000 to $130,000 and we have commitments through private donors for the entire cost of the project.  Mr. Franks so moved, receiving the second of Mr. Duggan.

Motion passed 5-0.

Mr. Kincaid next recognized Dr. Bruce Johnson as the leader of the NCAA Certification Self-Study Steering Committee that submitted the 336-page Self-Study Report that led to the University receiving NCAA certification for a ten-year period. 

b.   Financial Report --- Mr. Kent Kay, Associate Vice President for Finance, presented the financial statements for the six months ending December 31, 2003.   He remarked that when compared to last year, our receivables are down and our cash balance has grown.  As far as operating income and expense, we are on target at this point in the year.  

c.    Purchases & Contracts --- Mr. Kay then presented the following resolutions for the Board's consideration:

Purchases exceeding $25,000 from January 16, 2004 through February 5, 2004 (Purchasing Activity Report No. 235-04).

Purchases exceeding $25,000 from February 6, 2004 through February 19, 2004 (Purchasing Activity Report No. 236-04). 

Moved by Mr. Franks and seconded by Mr. Duggan.

Motion passed 5-0.

Mr. Greg Burris, Vice President for Administration and Finance, next presented a resolution (Purchase Approval No. 95-04) approving the selection of Johnson Controls, Inc., for implementation of proposed energy efficiency improvements estimated at $9,834,077, based on identified energy conservation measures.  Moved by Mr. Duggan and seconded by Mr. Darr.

Motion passed 5-0.

10.       Facilities and Equipment --- Mr. Greg Burris next presented the following resolutions for the Board's consideration:

Approving the February 9, 2004 Building Report (Building Report No. 131-04). 

Approving the Activity Report for the month of January 2004 (Activity Report No. 134-04). 

Window replacement at Siceluff Hall (Bids & Quotations No. 1104-04); Architectural Materials Co., low bid of $279,608; total project budget established at $370,000. 

Roof repairs at Siceluff Hall (Bids & Quotations No. 1105-04); Kirberg Roofing, Inc., low bid of $34,865 for the base bid plus alternate one; total project budget established at $43,500. 

Elevator and machine room modifications at Siceluff Hall (Bids & Quotations No. 1106-04); Kenmar Construction, Inc., only bid of $103,517 for the base bid plus the alternate; total project budget established at $135,000. 

Baseball lockers for Hammons Field (Bids & Quotations No. 1107-04); GRS Construction, LLC, low bid of $31,900; total project budget established at $40,000.  Dr. Burns had granted early approval of this resolution to expedite getting the lockers on order.

Approval to increase the budget for additional professional services in conjunction with tunnel repairs and improvements (Architects & Engineers No. 577-04).  An increased scope of work in the contract with Ross & Baruzzini Facilities, Inc., results in the budget for additional professional services to be increased by $20,000 to bring the total to $35,000 for additional services.  Dr. Burns had also granted early approval of this resolution as the project is on a tight design schedule. 

A boundary survey in conjunction with the South Scenic property (Architects & Engineers No. 578-04); Great Rivers Engineering for $2,950 plus reimbursable expenses.  Additional services of up to $500 as described in this agreement may be authorized and approved as necessary.  

Approval to increase the contract for additional professional services needed in conjunction with the renovation of the Jim D. Morris Center (Architects & Engineers No. 579-04).  An increased scope of work now being requested of Ness Architects, Inc., increases the fee by an additional $26,865.  Dr. Burns had granted early approval of this resolution.  

Moved by Mr. Duggan.  Seconded by Ms. Washington. 

Motion passed 5-0. 

11.       Human Resources ---Mr. Burris next presented the following resolutions: 

Actions concerning academic employees (Human Resources No. 1121-04). 

Actions concerning non-academic employees (Human Resources No. 1122-04). 

One additional action concerning an academic faculty appointment (Human Resources No. 1123-04) 

Moved by Mr. Franks.  Seconded by Mr. Duggan. 

Motion passed 5-0. 

Mr. Burris next distributed copies of the reports that are prepared monthly in trying to track and manage the University's health plan.  Our health plan lost $1,038,690 in calendar year 2003.  At December 31, 2003, our reserve of about $1.5 million is approximately one-half of what we should have in our reserve.  

12.       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.  Dr. Burns 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 the Southwest Missouri State University that a closed meeting, with closed records and closed vote, be held immediately following this February 20, 2004 meeting of the Board of Governors to consider items pursuant to:

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

  1. B.                   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 an employee of a public governmental body."

D.         R.S.Mo. 610-021(6).  "Scholastic probation, expulsion, or graduation of identifiable individuals…"

E.         R.S.Mo. 610.021(9).  "Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups;" 

F.         R.S.Mo. 610.021(11) and (12).  "Specifications for competitive bidding…," and "Sealed bids and related documents…," 

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

H.         R.S.Mo. 610.021(14).  "Records which are protected from disclosure by law;" 

I.          R.S.Mo. 610.021(17).  "Confidential or privileged communications between a public governmental body and its auditor,…"

                    Ms. Washington moved the approval of the resolution
                    and  Mr. Duggan seconded the motion.

  A roll call vote on the resolution was as follows:  those voting in
  favor – Governors Burns, Darr, Duggan, Franks, and Washington;
  those voting against – none; those absent – Governors Carlson and
  Sheid. 

  Board President Burns declared the motion was passed 5-0. 

13.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for March 19, 2004. 

14.       Adjournment  --- Dr. Burns adjourned the meeting at 11:35 a.m. on the motion of Mr. Duggan, the second of Mr. Franks, and the unanimous vote of the Board.

 

John W. McAlear Secretary