March 19, 2004

MINUTES OF THE BOARD OF GOVERNORS
SOUTHWEST MISSOURI STATE UNIVERSITY
MARCH 19, 2004 

1.                  Roll Call

Present-      Dr. Barbara Burns, President of the Board
                  Mr. Thomas Carlson, Governor
                  Mr. William Darr, Governor (by conference call)
                  Mr. Michael Duggan, Governor
                  Mr. Michael Franks, Vice President of the
                         Board
                  Ms. Mary Sheid, Governor
                  Ms. Phyllis Washington, Governor (left the
                         meeting about 11:25 a.m.)
                  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
                  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 and closed meetings of February 20, 2004.  Mr. Duggan moved to approve the minutes as presented.  Ms. Sheid seconded the motion.

Motion passed 7-0.  

4.         Educational:

a.   Faculty Senate Report --- Dr. Jim Giglio, Chairperson for the Faculty Senate, first spoke on the 10.1% student fee increase to be presented later today.  This will raise the credit hour fee from $138 to $152.  He added that the $152 per credit hour rate has us at the bottom of the major regional institutions.  He proposed that the proposed per credit hour fee be increased from the $152 to $154.  He commented that what really concerns him is that although faculty have had their medical benefits reduced this year by higher deductibles and a reduced dental plan benefit in FY05, there is talk that there will be additional hits in the medical plan next year – in the form of making monthly contributions to the cost of their medical plan which has never been done.  This $2 increase could be used to save the dental plan in FY05 and to help preserve the medical plan reserve. 

Dr. Giglio next commented on the adding of "sexual orientation" to the university's nondiscrimination policy.  The Faculty Senate did pass a resolution in November to add these two words to the policy.  He remarked that he disagrees with Dr. Keiser's position on sexual orientation.  We have had a homophobic culture in our past.  Gays & lesbians are sensitive to this.  We have not addressed this sensitivity.  Including "sexual orientation" to our statement would be a positive affirmation that we respect diversity to the extent that so many other universities do.

Dr. Burns next asked Mr. Phil Nichols, Chairman of the Staff Senate, to speak on this subject.  Mr. Nichols read a resolution passed by the Staff Senate on March 4, 2004 that clarifies the Staff Senate's position – that the Staff Senate has confidence that the current nondiscrimination policy prohibits discrimination on the basis of any characteristics not related to the applicable education requirements for students or the applicable job requirements for employees; and expects the nondiscrimination policy to be enforced in all cases of discrimination to the fullest extent.   

Mr. Rafiel Warfield, Chairperson of the Student Government Association, was next asked to speak on this recommendation.  Mr. Warfield reported that in November 2003, the SGA did pass a resolution in support of the addition of "sexual orientation" to the nondiscrimination statement.  The vote on that resolution was 27 yes, 18 no, 8 abstention, and 10 absent.  He added that he has confidence in the Board, the administration, the students, the faculty, and the staff to make decisions that are for the good of the university community.  He asked that the Board use their personal opinions, professional experience, and their best judgment in making this decision.  He does not want anyone on this campus to feel as if they are not wanted and he does not want any administrator or member of the board to feel intimated or pushed because of other individuals on this campus.  We should all be working together for one thing, and that is the common goal of producing educated individuals. 

Dr. Burns asked the Board if there were any comments or questions.  Hearing no questions, she then asked if there was a motion to adopt the recommendation.  Ms. Washington so moved.  Dr. Burns asked for a second to the motion.  With no second being offered, Dr. Burns stated that the motion dies for lack of a second.   

b.   Report from Vice President for Academic Affairs --- Dr. Bruno Schmidt, Vice President for Academic Affairs, presented a resolution (Agreement No. 123-04) approving an agreement with Writers Hall of Fame of America whereby SMSU will be identified henceforth as a Writers Hall of Fame of America, Inc. institution.  Moved by Mr. Franks.  Seconded by Mr. Duggan.

Motion passed 7-0. 

He next distributed the newest version of the SMSU Fact Book prepared by Dr. Paul Langston of the Office of Institutional Research. 

5.         West Plains Campus:

a.   Report from the West Plains Campus --- Mr. Kent Thomas, Chancellor, reported that today's fee resolution includes a $7 per hour increase to $97 per credit hour.  An additional $2 per hour increase could price us out of the market.  We are already the most expensive two-year school in Missouri.  He then reported that they will be moving into Shannon Hall in Mountain Grove next week and will be using the facility after Spring break.  He then presented the following resolution for the Board's consideration:

Approval of actions concerning academic employees of the West Plains Campus (West Plains Personnel No. 211-04).

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

Motion passed 7-0.

6.         Student Affairs:

a.   Report from Student Body President --- Mr. Rafiel Warfield, President of the Student Body, reported that he just returned from our China campus and that the faculty/staff in China are dynamic and are working hard and they are producing really good things out of that campus.  As far as a fee increase, he indicated that the SGA recommendation was an 8% increase.  He mentioned that if the SGA would have known all the information that the administration did, he is confidant that the SGA would have recommended the same 10% increase as the administration.  Mr. Warfield then commented on the $2 increase proposed by Dr. Giglio – we need to ask ourselves if we plan on raising fees every time a national trend (medical cost increase) changes.  He does not feel it is his responsibility to pay the bill for the nation's rising health care costs except for his own personal expenses.  He then mentioned that the SGA does endorse the new Centennial Scholarship program which is funded partially by a $3 fee from the students.  He also reported that he filed an appeal with the Campus Judicial Board that both the "experience requirement" and the "grade point average requirement" in the SGA constitution were discriminatory.  The Campus Judicial Board ruled that the "experience requirement" was in fact discriminatory and this modification to the SGA Constitution will be presented by Dr. Aripoli.

b.   Report from Vice President for Student Affairs:  Dr. Don Aripoli, Vice President for Student Affairs, presented a resolution (Student Policies No. 73-04) approving the distribution of the News-Leader on campus.  The News-Leader has offered to provide a number of free newspapers on a daily basis Monday through Friday, beginning in the fall semester of 2004. This would be an exception to our current Advertising, Distribution, and Solicitation Policy which we are in the process of revising.  Moved by Ms. Sheid and seconded by Mr. Duggan. 

Motion passed 7-0.

Dr. Aripoli then presented a resolution (Student Policies No. 74-04) approving the establishment of the Hutchens/SGA Centennial Leaders Scholarship Program.  For our upcoming Centennial Year, we wanted to create a program consistent with our public affairs mission creating educated people who will be leaders.  So we focused in on a two-year program that drew students based on leadership, involvement, and potential.  We have received donor commitments, including a lead gift from the Hutchens family.  Also, the fee resolution to be presented later today includes a $3 fee from our students to help fund this program.  This fee will be in place for a ten-year period.  Over this period, the funds received from the donors and the students will create an endowment that will provide money for students each year for the next ten years, about $90,000 annually in scholarships, and then that amount or more forever.  Moved by Ms. Sheid and seconded by Mr. Franks.

Motion passed 7-0. 

Dr. Aripoli then asked Mr. Greg Onstot, Vice President for University Advancement, to join him for the next presentation.  Mr. Onstot then presented a resolution (Gifts No. 135-04) naming the residence hall located at 1021 East Harrison Street as Hutchens House.  We approached the Hutchens family after their decision to assist in the funding of the Hutchens/SGA Centennial Leaders Scholarship Program and asked if we could place their name on what is now known as New Hall.  After consideration on their part, they said they would be willing to allow that naming.  Motion made by Mr. Franks, receiving the second of Mr. Duggan.

Motion passed 7-0. 

Dr. Aripoli then presented a resolution (Student Policies No. 75-04) approving a modification to the SGA Constitution that Mr. Warfield explained earlier.  This modification eliminates the "experience requirement" from the SGA Constitution.  Moved by Mr. Duggan and seconded by Ms. Sheid. 

Motion passed 7-0.

As far as a student fee increase, Dr. Aripoli commented that with the proposed 10% increase, we will be in about the same relative position when compared to the 2004-05 fees of the other state universities as we were this year.

Dr. Aripoli next introduced Mr. Don Simpson, Assistant Vice President for Enrollment Management and Services, to make a presentation on undergraduate recruitment and admission.  Mr. Simpson indicated that since 1999 - our selection index (freshman admission policy) has increased from 96 to 106; our freshman enrollment has remained reasonably stable; our freshman retention rate has increased; our transfer enrollment has increased each year – only UMSL enrolls more transfer students; and our enrollment of undergraduate degree-seeking students has increased each year.  He added that there were over 300,000 recorded contacts in fall 2003 recruitment.  We visited 330 different high schools this year and attended 129 college fairs.  He indicated that our most important goal is to get the potential student to visit our campus, as once we get them here and they see what we have, they are likely to enroll.  He also indicated that the top four factors in college choice from our Fall 2003 Entering Freshman Survey were: 1) quality of the major in which you are interested; 2) success of graduates in getting jobs; 3) cost of attendance; and 4) quality of residence halls.           

7.         Staff Senate Report --- Mr. Phil Nichols, Chairperson of the Staff Senate, reported that although the staff did not reach consensus on the additional $2 per hour fee increase, the staff universally accepts the idea of trying to salvage the dental plan.  

8.         Report from the President --- Dr. John Keiser presented the following resolutions for the Board's consideration:

Approval of agreement between Southwest Missouri State University and Liaoning University of Chinese Medicine (Agreement No. 124–04).

Approval of agreement between Southwest Missouri State University and Henan Institute of Finance and Economics (Agreement No. 125–04).

Approval of agreement between Southwest Missouri State University and China Agricultural University (Agreement No. 126–04). 

Dr. Keiser remarked that these agreements are to encourage us to have further conversations with these three separate universities to sign formal program related agreements.  Moved by Mr. Franks.  Seconded by Mr. Duggan.

Motion passed 7-0.

Dr. Arlen Diamond, Director of Broadcast Services, next gave a report on the status of Broadcast Services.  He began by informing the Board that Broadcast Services was formed July 1, 2001, with the merger of Ozarks Public Television, KSMU Radio, and SMSU Television Services.  He reported that 47,000 individuals listen to KSMU each week.  Over 240,000 viewers in 132,000 households watch Ozarks Public Television each week.  He also reported that Broadcast Services has 32 employees doing what 42 employees were doing prior to the merger.  Broadcast Services generates from external sources approximately $2.5 million of its $3 million annual operating budget.  The recent conversion to digital allows OPT to broadcast multiple channels of programming, including High Definition programs.  Each digital transmitter in Springfield and Joplin has the capacity of 14 T-1 lines that can reach a total of 559,000 households in 57 counties. 

Dr. Keiser then mentioned that in the near future, we would like to take about 90 minutes to review with the Board the work that is being done on revising the long-range plan.  Mr. John McAlear indicated two options available for the Board to hear this ninety-minute presentation – in conjunction with the May meeting or the June meeting.  The consensus of the Board was that the May meeting would be the best of the two options.  

9.          Financial:

a.   Development Report --- Mr. Greg Onstot, Vice President for University Advancement, presented the Development Report for the eight months ending February 29, 2004.  At this point in the year, when compared to last year, we are up about 1,100 gifts and $750,000. 

b.   Financial Report --- Mr. Kent Kay, Associate Vice President for Finance, presented the financial statements for the months ending January 31, 2004 and February 29, 2004.  We are on target with our budget. 

He next presented the resolution approving the 2004-2005 Fee Schedule which has already been mentioned several different times today.  The 10.1% fee increase for a student taking 30 hours would equate to an additional $432.  This fee increase was to help cover: an increase in our retirement contribution; an additional 10% contribution to our self insured medical plan; plans to reopen Siceluff Hall; continue the completion of our nursing and audiology programs; faculty promotions; step increases for our classified staff; an across the board salary increase of 2% for our employees; and a $1 million increase in our scholarship fund. 

Both Mr. Franks and Mr. Duggan commented that they were both concerned about the sacrifices that both our faculty and staff have been asked to make over the last three years.  Mr. Franks added that we will have to make some tough choices over the next few years with our medical benefits - he sees an employee contribution needed at some time.  We are also destroying the dental benefit at this time.  Mr. Franks said that he sees the need for the additional $2 in fees, but he also sees that, depending on what happens, this additional $2 might not be used for the dental/medical insurance need.  Mr. Kent Thomas commented that since he is the most expensive two-year school in Missouri, he can't increase his fees by an additional $2.  Ms. Sheid moved to adopt the fee schedule with the pro-rata additional $2 increase recommended by Dr. Giglio.  Seconded by Mr. Franks.  Mr. Duggan asked about whether we could wait until a later date.  Dr. Aripoli responded that we will be having students registering for classes on April 1 and we want to send out financial aid awards in early April.  Mr. Carlson commented that he has a problem with this process since Dr. Giglio had not discussed this additional $2 increase with Mr. Warfield and the SGA.  After some additional discussion it was decided to let the SGA discuss this $2 proposal at their March 30, 2004 meeting and a teleconference meeting of the Board would be called on March 30 or March 31 to take up the fee resolution.  So Ms. Sheid withdrew her motion and Mr. Franks withdrew his second.   Dr. Keiser asked, if an additional $2 in fees is approved, what is it committed to?  Mr. Franks responded that the clear intent is to try to maintain the level of benefits for the faculty and staff but this is contingent on the overall financial situation within the University.      

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

Purchases exceeding $25,000 from February 20, 2004 through March 4, 2004 (Purchasing Activity Report No. 237-04). 

Purchases exceeding $25,000 from March 5, 2004 through March 18, 2004 (Purchasing Activity Report No. 238-04).

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

Motion passed 6-0.

10.       Facilities and Equipment --- Mr. Greg Burris, Vice President for Administration & Finance, next presented the following resolutions for the Board's consideration:

Approving the March 8, 2004 Building Report (Building Report No. 132-04).

Approving the Activity Report for the month of February 2004 (Activity Report No. 135-04).

Multi-purpose barn at the William H. Darr Agricultural Center (Bids & Quotations No. 1108-04); Rich Kramer Construction, low bid of $406,600; total project budget established at $538,000.

Fire detection and suppression systems' inspection and testing services for the Springfield and West Plains campuses (Architects & Engineers No. 580-04); Simplex-Grinnell for $77,643 plus reimbursable expenses.  Additional services of up to $25,000 as described in this agreement may be authorized and approved as necessary.

Rigging inspection services for the Springfield campus theatres and arenas (Architects & Engineers No. 581-04); Downhome Productions for $4,250 plus reimbursable expenses.  Additional services of up to $1,500 as described in this agreement may be authorized and approved as necessary.

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

Motion passed 6-0. 

Mr. Burris then presented the following resolutions:

Parking lot improvements on the Springfield campus (Bids & Quotations No. 1109-04); Hartman Construction, low bid of $785,000, for the base bid less alternate one; total project budget established at $1,083,198.

Repairs at Siceluff Hall (Bids & Quotations No. 1110-04); MTS Contracting, low bid of $242,400, for the base bid plus alternate # 1; total project budget established at $320,000.

The exterior cleaning and repair of various buildings on the Springfield campus (Bids & Quotations No. 1111-04); Mid-Continental Restoration, low bid of $412,500 for the base bid plus alternates 1 and 2; total project budget established at $595,000.

The replacement of the domestic water lines at Ellis Hall (Bids & Quotations No. 1112-04); Lynnson, Inc, low bid of $287,037; total project budget established at $380,000. 

The replacement of switchgear at the Grand Street substation (Bids & Quotations No. 1113-04); A-1 Electric Service, Inc., low bid of $156,887; total project budget established at $220,000.

The hazardous material abatement for the outdoor pool at McDonald Hall (Bids & Quotations No. 1114-04); Spartan Services, LLC, low bid of $26,300 for the base bid and alternate number 1; total project budget established at $40,000.

The Kings Street retreat garden (Bids & Quotations No. 1115-04); Kenmar Construction, only bid of $84,962 for the base bid and alternate #1, alternate #3, and alternate #4; total project budget established at $96,000.

The lobby and dining room renovation at Blair Shannon House (Bids & Quotations No. 1116-04); Kenmar Construction, low bid of $1,782,159 for the base bid and alternate #1; total project budget established at $2,080,000.

Construction materials testing services in conjunction with the repairs at Siceluff Hall and exterior cleaning and repair of various buildings on the main campus (Architects & Engineers No. 582-04); Palmerton & Parrish, Inc., for the fixed fee of $5,981.60 plus reimbursable expenses.  Additional services of up to $3,000 as described in this agreement may be authorized and approved as necessary.

Engineering services in conjunction with providing services on an "on call" basis (Architects & Engineers No. 583-04); Ross & Baruzzini on an hourly basis with a not to exceed period of one year or an amount not to exceed $50,000 plus reimbursable expenses.

Engineering services in conjunction with the development of a lab in Temple Hall (Architects & Engineers No. 584-04); Ross & Baruzzini, for a fixed fee of $43,930 plus reimbursable expenses.  Additional services of up to $10,000 as described in this agreement may be authorized and approved as necessary.

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

Motion passed 6-0.

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

Actions concerning academic employees (Human Resources No. 1124-04).

Actions concerning non-academic employees (Human Resources No. 1125-04).

Clarification of University policy on weapons on University property and approval of amendments to the Code of Rights and Responsibilities and the Employee Handbook (Human Resources No. 1126-04).  The applicable provisions of the West Plains Campus Student Code and Employee Handbook is also revised accordingly. 

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

Motion passed 6-0.

12.       New Business --- Mr. Franks distributed a document entitled "The Presidential Search:  A proposed Process and Timeline."  He is proposing a search committee of fifteen people made up of three representatives of the current SMSU Board of Governors, five representatives of the current SMSU faculty, two representatives of the current SMSU staff, one Dean of a College, a student representative, and three representatives of the SMSU alumni and friends.  We will not want to draw this process out.  A proposed timeline is included in the document.  The upfront part of this process, defining the attributes and challenges that this leader will face, is very critical.  He has also proposed that the search committee should present three finalists to the Board along with the ratings of each committee member.  He asked if the Board would adopt this proposal.  Ms. Sheid moved to adopt the document, receiving the second of Mr. Duggan.

Motion passed 6-0.  

13.       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 March 19, 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…"

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,…"

                  Mr. Duggan 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 Burns, Carlson, Darr, Duggan, Franks, and Sheid; those voting against – none; those absent – Governor Washington.

Board President Burns declared the motion was passed 6-0.

14.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for April 16, 2004 on the West Plains Campus.

15.       Adjournment--- Dr. Burns adjourned the meeting at 12:40 p.m. on the motion of Mr. Franks, the second of Mr. Duggan, and the unanimous vote of the Board.

John W. McAlear
Secretary