June 17, 2005

MINUTES OF THE BOARD OF GOVERNORS
SOUTHWEST MISSOURI STATE UNIVERSITY
JUNE 17, 2005

 

1.                  Roll Call

Present-     Mr. Thomas Carlson, Governor
                 Mr. Michael Duggan, Governor
                 Mr. Gordon Elliott, Governor
                 Mr. Michael Franks, President of the Board (arriving at
                       10:00 a.m.)
                 Ms. Carol Pinegar, Governor
                 Ms. Mary Sheid, Vice President of the Board
                 Ms. Phyllis Washington, Governor
                 Ms. Kelli Wolf, Student Governor        
Also

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

2.         Presiding --- The presiding officer for the meeting was Ms. Mary Sheid, Vice President of the Board of Governors (Mr. Franks presided over the meeting once he arrived at about 10:00 a.m.).  She called the meeting to order at 9:00 a.m. in Faurot Hall on the campus of Southwest Missouri State University in Mountain Grove, Missouri.  She first announced that Ms. Kelli Wolf was named to the Glamour Magazine Scholarship Program – she was named one of the top ten female college students in the country. 

3.         Minutes --- Ms. Sheid noted that the first item of business on the agenda was the approval of the minutes submitted by the Secretary for the open regular meeting of May 12, 2005.  Ms. Washington moved to approve the minutes as presented.  Mr. Duggan seconded the motion. 

Motion passed 6-0.  

4.         Report from the President --- Dr. John Keiser began by informing the Board about the major statewide discussion on higher education governance.  Governor Blunt has appointed a group to study this issue.  Whether or not to strengthen the Coordinating Board of Higher Education is part of this discussion.  He next presented an up-to-date exchange agreement between SMSU and Qingdao University.  This agreement is through September 2009.  The Board has only approved this agreement through September 2008.  Mr. Duggan moved to approve the extension of this agreement through September 2009.  Ms. Pinegar provided the second to the motion.       

Motion passed 6-0. 

He then presented a resolution (Agreement No. 154-05) approving a twelve-month extension of the consultation agreement with Mr. Jerry Burch as legislative consultant to the University.  So moved by Mr. Duggan and seconded by Ms. Washington. 

Motion passed 6-0. 

Mr. Kent Kay next presented a resolution (Finance No. 985-05) approving the FY06 Internal Operating Budget.  He commented that this proposed budget includes actions previously taken by the Board – 1) a 13.5% increase in what we contribute to our healthcare fund; 2) a required 18.33% increase in the university's contribution to the Missouri State Employees Retirement System; 3) an average 4.78% increase in the rates for our residence halls and meal plans; and 4) a 6.5% increase in student fees.  The Missouri Legislature adopted a budget that appropriated SMSU the same amount of funds that we received last year.  He indicated that the proposed budget includes a 2% cost-of-living increase, classified employee step increases, promotions, reclassifications, and minimal position additions.  Of the $7.88 million increase in budgeted expenditures, 91% of this is going into salaries and benefits.  Of the $8.76 million increase in budgeted revenues, $5.93 of this is from additional student fees.  Mr. Elliott commented that this is his first involvement with the annual budget process and he would like to have the Board more involved in the future.  Mr. Kent Kay summarized that total budgeted expenses and transfers for FY06 are $246,720,713 while total projected revenues are $248,724,017.  Mr. Franks, just having arrived, asked if there was a motion to approve the FY06 Internal Operating Budget.  Ms. Sheid so moved, receiving the second of Mr. Duggan.  

Motion passed 6-0-1 (Ms. Pinegar abstaining). 

5.         Educational:

a.   Faculty Senate Report --- Dr. Art Spisak, Chairperson for the Faculty Senate, gave a report to the Board.  He mentioned that he appreciates the addition of two additional faculty members to the Process Improvement Committee to help with its charges of determining one comparison standard for faculty and administrator compensation and the determining of the proper set of peer institutions to which SMS will compare itself.    

b.   Report from Vice President for Academic Affairs --- Dr. Bruno Schmidt, Vice President for Academic Affairs, presented a resolution (Board Policies No. 40-05) approving the adoption of the revised Greenwood Laboratory School Parent/Student Handbook.  These revisions are minor and it would be good to have these adopted before the next school year.  Moved by Ms. Sheid and seconded by Ms. Pinegar. 

Motion passed 7-0. 

Dr. Schmidt next reported he will be retiring very soon after 36 very rewarding years working at a very exciting institution.  He remarked that it has been a joy working with many wonderful faculty, staff, and students.  

6.         West Plains Campus:

a.   Report from the West Plains Campus --- Mr. Kent Thomas, Chancellor of the West Plains Campus, first presented a resolution (West Plains Campus Finance No. 25-05).  The Community First National Bank is named as the depository for the West Plains Campus for the period of July 1, 2005 through June 30, 2007.  One two-year renewal is available by mutual agreement.  Moved by Mr. Duggan and seconded by Ms. Pinegar.  Ms. Sheid remarked that she would need to abstain from this vote as she is on the Board of this bank.   

Motion passed 6-0-1 (Ms. Sheid abstaining). 

Mr. Thomas next presented the following resolutions for the Board's consideration: 

Approval of new academic program for the Associate of Applied Science in Respiratory Therapy (West Plains Campus Curriculum No. 28-05). 

Approval of the Purchasing Activity Report for the month of May, 2005 (West Plains Purchasing Activity Report No. 21-05).  This report includes the renewal of the lease contract with the City of West Plains for the West Plains Civic Center. 

Roof replacement for the Broadway Building on the West Plains campus (West Plains Campus Bids & Quotations No. 28-05); Feller Construction, low bid of $250,467 which includes the base bid for the roof replacement using SBS-modified bituminous membrane roofing system/asphalt shingle roofing, and fluid applied elastometric membrane roofing; total project budget set at $300,000. 

Approval of actions concerning academic employees of the West Plains Campus (West Plains Personnel No. 236-05).     

Approval of actions concerning non-academic employees of the West Plains Campus (West Plains Personnel No. 237-05). 

Moved by Mr. Elliott.  Seconded by Ms. Sheid. 

Motion passed 7-0. 

7.         Student Affairs:

a.  Report from Student Body President --- Mr. Mike Barnett, President of the Student Body, gave a report to the Board.  He commented that SGA was involved in the amendments to the SGA Constitution which will be presented by Dr. Aripoli and they do support the new language.  

b.   Report from Vice President for Student Affairs--- Dr. Don Aripoli, Vice President for Student Affairs, presented the following resolutions for the Board's consideration: 

      Approving the acceptance of the News-Leader's offer of free newspapers in fall semester 2005 (Student Policies No. 83-05).   

      Approving the demolition of the Elm Street Apartments located at 911 E. Elm (Land No. 83-05). 

      Naming six former university employees to be added to the Wall of Fame in the fall of 2005 (Awards No. 12-05).  Those former employees receiving this honor are Herbert Arkebauer, Don Landon, Edward Pierce, Vernon Renner, Robert Scott, and Bernice Warren. 

Amending the Student Government Association Constitution (Student Policies No. 84-05). 

Moved by Ms. Sheid.  Seconded by Ms. Pinegar. 

Motion passed 7-0. 

8.         Finance:

a.   Development Report --- Mr. Greg Onstot, Vice President for University Advancement, presented the Development Report for the eleven months ending May 31, 2005.  Our total gift numbers are about the exact same as last year while our total gift dollars are down a little more than $1 million.   

He next presented a resolution (Agreement No. 155-05) approving the lease with the SMSU Foundation for office space in the Kenneth E. Meyer Alumni Center.  Moved by Ms. Sheid and seconded by Mr. Elliott. 

Motion passed 7-0. 

Mr. Onstot then presented a resolution (Human Resources No. 1173-05) approving additional fringe benefits for certain employees to be funded by the SMSU Foundation or the University.  Moved by Ms. Sheid,  seconded by Ms. Pinegar. 

Motion passed 7-0. 

He next presented a resolution (Human Resources No. 1174-05) approving the FY06 Overview of Salaries and Benefits for Athletics Administrators and Coaches.  Moved by Mr. Elliott and seconded by Mr. Duggan. 

Motion passed 7-0. 

b.   Financial Report --- Mr. Kent Kay, Associate Vice President for Finance,

presented the May 31, 2005 financial statements for the Board's review.   

Mr. Kay next presented a resolution (Policies & Procedures No. 109-05) to increase the capitalization threshold for equipment from $1,000 to $5,000.  Moved by Mr. Elliott and seconded by Mr. Duggan. 

Motion passed 7-0. 

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

Purchases exceeding $100,000 from May 12, 2005 through June 2, 2005 (Purchasing Activity Report No. 265-05). 

Purchases exceeding $100,000 from June 3, 2005 through June 16, 2005 (Purchasing Activity Report No. 266-05). 

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

Motion passed 7-0. 

9.         Facilities and Equipment --- Mr. Greg Burris, Vice President for Administrative Services, presented the following resolutions for the Board's consideration: 

Approving the Activity Report for the month of May 2005 (Activity Report No. 150-05). 

Locker room modifications at Hammons Student Center (Bids & Quotations No. 1156-05); Kenmar Construction, low bid of $313,079 for the base bid and alternate 3; total project budget set at $356,000. 

Lighting of the SMSU softball field (Bids & Quotations No. 1157-05); A-1 Electric Service Company, low bid of $77,397; total project budget set at $98,000. 

Approval of the FY07 Capital Appropriations Request (Finance No. 986-05).  The top request for FY07 is the Facility Reutilization Plan (FREUP) – the renovation of six existing buildings at a cost of $29,704,521. 

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

Motion passed 7-0. 

Mr. Burris then presented the following resolutions: 

Approval of a lease addendum to extend an existing lease agreement with Nick L. & Tina Sibley for property at 405 North Campbell, Springfield, MO., for the period of March 1, 2005 through February 28, 2006 (Agreement No. 156-05).  The resolution also allows the lease to be extended up to five additional one-year periods. 

Approval of lease for second floor of Great Southern Building in Springfield Missouri (Agreement No. 157-05).  This lease is with Richard T. and Jenny Gregg for approximately 5,496 square feet of office space at a monthly cost of $3,893. 

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

Motion passed 7-0. 

He next presented the following resolution: 

Approval of an Intergovernmental Agreement for Law Enforcement Services with the City of Springfield for FY06 at a cost of $530,910 (Agreement No. 158-05).  

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

Motion passed 6-0-1 (Mr. Carlson abstaining). 

10.       Human Resources --- Mr. Burris then presented the following resolutions for the Board's consideration: 

Actions concerning academic employees (Human Resources No. 1175-05).  There were several deletions from the resolution that was included in the original agenda materials. 

Additional actions concerning academic employees (Human Resources No. 1176-05).   

Mr. Carlson commented that the Board had just received a letter claiming that there are irregularities with the change in position of Dr. Pulley included in the second resolution.  Since the Board has just received this notification, he commented that we should postpone any action on Dr. Pulley until both sides can be heard.  Dr. Keiser commented that this action was incorrectly placed in the original agenda as a nine-month position – the new resolution lists it correctly as a twelve-month position.  Dr. Keiser did not think there were any irregularities with this change in status.  He added that this needed to be addressed as the change in status is effective on July 1, 2005.  Mr. Carlson commented that there may not be any irregularities but he is uncomfortable with having to deal with this action in today's meeting.  It was then decided that this matter should be addressed in closed session.  So Mr. Franks asked for a motion on these two resolutions with Dr. Pulley's change in status being removed from the second resolution.  So moved by Ms. Sheid, receiving the second of Mr. Duggan. 

Motion passed 7-0. 

Mr. Burris then presented the following resolutions: 

Actions concerning non-academic employees (Human Resources No. 1177-05).    

Approval of Amendment to the Memorandum of Agreement between the University and the International Brotherhood of Electrical Workers, AFL-CIO Local Union 453 (Agreement No. 159-05) 

Moved by Ms. Sheid.  Seconded by Ms. Washington. 

Motion passed 7-0.     

11.       New Business --- Mr. Franks next read a resolution (Awards No. 13-05) presenting the Bronze Bear Award to Dr. John H. Keiser at the Founders Club dinner on Friday, June 17, 2005, for his distinguished leadership and for the extraordinary achievements that occurred during Dr. Keiser's 12 years as President of the SMSU.  Moved by Ms. Sheid, receiving the second of Mr. Duggan. 

Motion passed 7-0.                         

Ms. Sheid next informed the Board that it appears that this will be the last meeting that Ms. Wolf will attend as the Student Governor.  Mr. Franks remarked that Ms. Wolf's involvement as the Student Governor has been incredible.  He thanked Ms. Wolf for her excellent representation of the student body.  Ms. Wolf responded that this has been a wonderful experience.   

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.  Mr. Franks 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 June 17, 2005 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…" 

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. Sheid 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 Carlson, Duggan, Franks, Elliott, Pinegar, Sheid, and Washington; those voting against – none. 

Board President Franks declared the motion was passed 7-0. 

13.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for July 15, 2005 in the Traywick Parliamentary Room in the Plaster Student Union on the Springfield campus. 

14.       Adjournment--- Mr. Franks adjourned the meeting at 12:10 p.m. on the motion of Mr. Duggan, the second of Ms. Sheid, and the unanimous vote of the Board.