Missouri State University

February 20, 2009

MINUTES OF THE BOARD OF GOVERNORS
MISSOURI STATE UNIVERSITY
FEBRUARY 20, 2009



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 (by conference call)
Ms. Mary Sheid, Governor
Ms. Cathy Smith, Governor
Ms. Phyllis Washington, Governor
Mr. John Winston, Governor

Also
Present - Michael Nietzel, President
Drew Bennett, Chancellor of the West Plains Campus
Earle Doman, Vice President for Student Affairs
Belinda McCarthy, Provost
Jim Baker, Vice President for Research and Economic Development
Ken McClure, Vice President for Administrative and Information Services
Brent Dunn, Vice President for University Advancement
Nila Hayes, Chief Financial Officer
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 10:05 a.m. in the Magnolia Room in the West Plains Civic Center in West Plains, 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 meeting of December 19, 2008.  Ms. Bradbury so moved, receiving the second of Ms. Sheid.
 
   Motion passed 8-0.

b. Executive Committee Meetings --- Mr. Duggan next asked for a motion for the approval of the minutes for the open and closed Executive Committee meetings of December 15, 2008 and the open Executive Committee meeting of January 22, 2009.  Ms. Washington so moved, receiving the second of Mr. Elliott.

Motion passed 3-0.

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:

January 22, 2009 Executive Committee Meeting
Approval of purchases exceeding $100,000 (Purchasing Activity Report No. 326-09).

Modifications to room 116 in Kemper Hall (Bids & Quotations No. 1289-09); Nabholz Client Service, best bid of $288,878; total project budget set at $390,000.

Architectural and engineering design services in conjunction with phase III work to be done at the William H. Darr Agricultural Center (Architects & Engineers No. 647-09); The Clark Enersen Partners, for $128,000 plus reimbursable expenses.  Additional services of up to $30,000 as described in this agreement may be authorized and approved as necessary.

Approval to grant easements to the City of Springfield for the redesign and construction of the intersection at National Avenue and Grand Street (Land No. 96-09).

Approval to grant an Ingress-Egress Easement to the City of Springfield for emergency response for the portions of Harrison Street and John Q. Hammons Parkway that were vacated to the University (Land No. 97-09).

Approval to grant a sanitary sewer easement to the City of Springfield for the portions of Harrison Street and John Q. Hammons Parkway that were vacated to the University (Land No. 98-09).

Approval of a Cooperative Advertising Agreement with the City of Springfield to share revenue generated from selling advertisements on banner space at Killian Stadium, which will be used by the University softball team for practices and games (Agreement No. 233-09). 

West Plains Campus
Approval of the Activity Report dated February 3, 2009 (West Plains Campus Activity Report No. 74-09).

Approval to grant easements to the City of West Plains for the relocation of the sewer line serving Gohn-Wood House on the West Plains Campus (West Plains Land No. 12-09).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 289-09).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 290-09).

Springfield Campus Purchases/Contracts
Approval of purchases exceeding $100,000 between January 22, 2009 and February 5, 2009 (Purchasing Activity Report No. 327-09).

Design and Construction Items
Approval of Activity Report for the month of December 2008 (Activity Report No. 193-09).

Approval of Activity Report for the month of January 2009 (Activity Report No. 194-09).

Approval to grant an easement for facilities to Southwestern Bell Telephone, L.P., d/b/a AT&T Missouri (Land No. 99-09). 

Human Resources Items
Actions concerning academic employees (Human Resources No. 1279-09).

Actions concerning non-academic employees (Human Resources No. 1280-09).

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

Motion passed 8-0.

5.    President’s Office --- Dr. Michael Nietzel, President, first presented a resolution (Human Resources No. 1281-09) approving a two-year employment contract with Dr. James P. Baker as Vice President for Research and Economic Development.  Similar to the plan for all faculty/staff, Dr. Nietzel explained that Dr. Baker’s salary will not increase next year, despite the fact that he will be taking on additional duties—the Director of China Operations and the Director of Sponsored Research.  Motion made by Mr. Winston with the second by Ms. Sheid.

Motion passed 8-0.

Dr. Nietzel next commented that our intention is to bring forward later in the semester a recommendation that we would not increase tuition and fees for students for next year, both at Springfield and West Plains.  We need to wait on this recommendation until we have a bit more certainty about the State Budget and our appropriation.  He did report that, later in today’s meeting, we will be recommending a room & board fee increase of less than five percent.  This is needed due to the increase in the minimum wage, our contractual increase with our food service vendor, and some needed remodeling.  

Dr. Nietzel next reported that the University plans to announce later today a new form of financial aid – called RENEW (Renewed Employability Now Education Waiver).  This aid is to be assistance to adults who have lost full-time employment since October 2008, as a result of the current financial crisis.  Discounts on tuition will be approximately 50% for part-time or full-time students at both the Springfield and West Plains campuses.  Dr. Nietzel then reported on the status of our Lewis & Clark projects – we have funding in place that will allow the completion of the addition at the Jordan Valley Innovation Center and the renovation of Siceluff Hall.  The other remaining renovation projects are all on hold and we will continue to look for other sources of funding to be able complete those projects.  Our highest priority is Hass-Hoover/Gohn-Wood on the West Plains Campus.  We will probably drop the Hammons Student Center (HSC) renovation as a project as this was necessary for us to move the programming from McDonald Arena to HSC, freeing McDonald Arena for renovation as the new Recreation Center.  This is no longer feasible, so we are discussing with student leadership the intent to build a new free-standing Recreation Center.

Dr. Nietzel ended his report with an update on the University’s budget.  As a result of the federal fiscal stimulus package, things have changed – it appears likely that the states will receive $53.6 billion to stabilize the budgets for public education.  It is reasonable to expect that our budget for FY10 and FY11 will be at least what we are receiving in FY09.  However, the states can use some of the stabilization funding to replace some state dollars currently in the public education funding.

6.    Educational:
a.    Faculty Senate Report --- Dr. Pauline Nugent, Chairperson of the Faculty Senate, reported that we are on target to have a new two-hour Introductory to College Life course for Fall 2010 with one hour devoted to our mission of public affairs.  She added that a personal finance course required as a general education course is being discussed and she will be reporting on this progress at future board meetings.      

b.    Report from the Provost’s Office --- Dr. Belinda McCarthy, Provost, first reported that for the second consecutive year, our Advertising Team has won the national competition.  This year, they developed a recruiting campaign for the United States Intelligence Community, including the FBI, the CIA, and the Department of Homeland Security.  She also reported that our electronic art students received first place in the Broadcast Education Association’s national student competition for long-form documentary.  They created a forty minute documentary on micro-lending in Africa.  This was their sixth first-place finish and eighteenth award since 2004.  She then presented the following resolutions for the Board’s consideration:

Approving a new program – Minor in Information Technology Service Management in Computer Information Systems (Curriculum No. 327-09).

Approving a new program – Leadership Minor in the Department of Management (Curriculum No. 328-09).

Approving a new program – Financial Planning Minor in Finance and General Business (Curriculum No. 329-09).

Approving a new option – Ethical Leadership for the Bachelor of Science in Communication Major (Curriculum No. 330-09).

Approving a new option – Ethical Leadership for the Bachelor of Arts in Communication Major (Curriculum No. 331-09).

Approving a new program – Graduate Certificate Program in Forensic Child Psychology (Curriculum No. 332-09).

Adoption of a new policy regarding the Use and Sale of Missouri State University-Mountain Grove Wine and Spirits (Policies & Procedures No. 133-09).  This resolution will allow us to sell wine and spirits wholesale.

Moved by Ms. Sheid and seconded by Ms. Bradbury.

Motion passed 8-0.

7.    Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that through seven months of this year, we have submitted 194 proposals for funding compared to 167 last year at this time.  We have received 121 awards compared to 89 awards last year at this time.  Total dollars awarded are $14 million compared to $9 million last year.

8.    West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, first introduced Ms. Judy Carr, President of the West Plains Faculty Senate.  Ms. Carr commented that as a native of West Plains, she remarked that the opportunity to affect the lives of this region is constantly on the minds and in the hearts of our faculty who worked tirelessly to provide a service that not only changes the quality of our students’ lives but changes the quality of the communities that these students go on and serve following their graduation from Missouri State.  Ms. Barbie Mustion, President of the West Plains Staff Senate, reported that the staff provided a lunch during the Fall 2008 welcome week for new and returning students.  Ms. Lacy Hall, President of the West Plains Student Government Association, next informed the board that their focus this year has been service to the campus and the community.  Mr. Matt Evans, West Plains Campus student, next commented on the semester he served as an intern at Liaoning Normal University in Dalian, China - what he expressed as the best experience in his life.  Dr. Bennett then indicated that enrollment is up 7% this spring on the West Plains Campus.  He ended his report by introducing their new Director of Development - Ms. Elizabeth Grisham.   
   
9.    Student Affairs:
a.    Report from the Student Body President --- Mr. Orlando Hodges, President of the Student Body, reported that the majority of students are in agreement with the idea that a stand-alone Recreation Center facility makes a lot of sense.  He and Student Governor Childress indicated that there is a small contingency of students that are concerned about the technicality of the original student body vote and the wording that was passed so they are seeking an advisory opinion from the Campus Judicial Board on what the students actually approved in their original vote.

b.    Report from the Vice President of Student Affairs ---Dr. Earle Doman, Vice President for Student Affairs, first presented a resolution (Student Policies No. 101-09) approving changes to the University’s Family Educational Rights and Privacy Act (FERPA) Statement.  Moved by Ms. Washington and seconded by Ms. Bradbury.

        Motion passed 8-0.

Dr. Doman next reported that there were six developers who responded to the Privatized Housing RFP and he will be spending two full days next week meeting with several of these developers.

10.    Financial: 
a.    Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that through the month of January, we are up $1.9 million over this time last year, which was a record year.

b.    Financial Report --- Ms. Nila Hayes, Chief Financial Officer, presented a resolution (Purchasing Activity Report No. 328-09) for purchases exceeding $100,000 from February 6, 2009 to February 19, 2009.  Moved by Ms. Washington with the second being provided by Ms. Sheid.

    Motion passed 8-0.

Ms. Hayes next presented a resolution (Fees No. 132-09) approving the 2009-2010 Residence Life Fee Schedule.  The percentage increase ranges from 4.0% to 4.9%.  Moved by Ms. Washington and seconded by Mr. Winston.

Motion passed 8-0.

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

    The synthetic grass installation at the east recreation field (Bids & Quotations No. 1290-09); ATG Sports Industries, Inc., low bid of $263,990 for the base proposal; total project budget established at $292,500.

    Approval to increase the project budget for the second floor lab equipment installation at the Jordan Valley Innovation Center (Bids & Quotations No. 1291-09).  This $10,000 increase brings the new project budget total to $125,000.

    Moved by Ms. Sheid and seconded by Ms. Washington.

    Motion passed 8-0.

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

    Approval of changes to the Employee Handbook regarding overtime/compensatory time and a revised Family and Medical Leave Act policy (Human Resources No. 1282-09).

    Approval of amendment to Memorandum of Agreement between the University and the International Brotherhood of Electrical Workers, AFL-CIO Local Union 453 (Agreement No. 234-09).

    Moved by Ms. Bradbury and seconded by Ms. Washington.

    Motion passed 8-0.

13.    New Business --- Mr. McAlear announced that the June 19, 2009 Board meeting originally scheduled to be held on the Mountain Grove Campus is being moved to the Springfield Campus.  Mr. Duggan added that we are going to reduce the number of meetings away from Springfield to help cut back on travel expenses.

14.    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. Duggan 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 February 20, 2009 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 an employee of 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 so moved the approval of the resolution and Ms. Washington seconded the motion.

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

Mr. Duggan declared the resolution passed unanimously.

15.    Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, April 3, 2009 at 9:00 a.m. in Jefferson City, Missouri.  The Board will meet for a retreat on March 6/7, 2009 at the St. Louis Union Station Marriott in St. Louis, Missouri.

16.     Adjournment --- Mr. Duggan adjourned the meeting at 11:50 a.m. on the motion of Mr. Winston, the second of Ms. Bradbury, and the unanimous vote of the Board.

John W. McAlear
Secretary