Missouri State University

May 14, 2009

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

MAY 14, 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

Mr. Orvin Kimbrough, Governor (by conference call)

Ms. Cathy Smith, Governor

Mr. John Winston, Governor (leaving at 2:30 p.m.)

Absent-      Ms. Mary Sheid, Governor

                  Ms. Phyllis Washington, Governor

Also

Present-     Michael Nietzel, President

                  Drew Bennett, Chancellor of the West Plains Campus

Earle Doman, Vice President for Student Affairs and Dean of Students

Jim Baker, Vice President for Research and Economic Development

                  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 1:00 p.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 April 3, 2009.  Mr. Kimbrough so moved, receiving the second of Mr. Winston.

Motion passed 7-0.

b.      Executive Committee Meetings --- Mr. Duggan next asked for a motion for the approval of the minutes for the open Executive Committee meeting of May 1, 2009.  Mr. Elliott so moved, receiving the second of Mr. Hammons.

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

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:

May 1, 2009 Executive Committee Meeting

Transformer replacement at Blair-Shannon House (Bids & Quotations No. 1296-09); Melton Electric Company, low bid of $78,900; total project budget set at $105,000.

Domestic water heating system replacement at Blair-Shannon House (Bids & Quotations No. 1297-09); Gold Mechanical Inc., low bid of $134,000; total project budget set at $180,000.

Tuckpointing and exterior repairs of Ellis Hall (Bids & Quotations No. 1298-09); Mid-Continental Restoration, Inc., low bid of $107,326; total project budget set at $170,000.

West Plains Campus

Approval of Purchasing Activity Report dated April 27, 2009 (West Plains Campus Purchasing Activity Report No. 27-09).

Approval of the Activity Report dated April 27, 2009 (West Plains Campus Activity Report No. 76-09).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 293-09).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 294-09).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period April 3, 2009 through April 30, 2009 (Purchasing Activity Report No. 331-09).

Approval of bids and award of a contract for depository services on the West Plains Campus to the Community First National Bank for a two year period beginning July 1, 2009 (Purchase Approval No. 114-09).  The contract includes two additional one-year options to renew until June 30, 2013.

Facilities and Equipment

Approval of Activity Report for the month of March 2009 (Activity Report No. 196-09).

An emergency generator for the Power House on the Springfield campus (Bids & Quotations No. 1299-09); A-1 Electric Service, Inc., low bid received of $158,960 for the base bid; total project budget established at $200,000.

Parking lot maintenance on the Springfield campus (Bids & Quotations No. 1300-09); Ball Paving, Inc., low bid of $46,720 for the base bid plus alternate 1; total project budget established at $110,000.

Architectural and engineering services needed in conjunction with the revised scope of work on the new University Recreation Center (Architects & Engineers No. 648-09); Cannon Design for $1,540,350 plus reimbursable expenses.  Additional services of up to $150,000 as described in this agreement may be authorized and approved as necessary.

Human Resources Items

Actions concerning academic employees (Human Resources No. 1285-09).

Actions concerning non-academic employees (Human Resources No. 1286-09).

Ms. Bradbury made a motion to approve the Consent Agenda receiving a second from Mr. Hammons.

Motion passed 7-0.

5.         Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs and Dean of Students, turned the podium over to Governor Cathy Smith who, along with Mr. Ryan Childress - representing the Board’s Student Affairs Committee - presented Citizen Scholar Globes to three of this year’s Citizen Scholar Award winners: Casey Beckley, Amber Webb, and Clay Webb.

6.         President’s Report --- President Michael Nietzel gave an update on the status of legislative actions in Jefferson City.  First, it appears that our FY2010 Operating Budget will be the same as last year which fulfills Governor Nixon’s proposal.  Federal fiscal stabilization funds are being used to accomplish this budget level.  Second, there will also be $40 million in one-time funding statewide for “Caring for Missourians” – the expansion of the existing health care programs.  We have a number of programs potentially enhanced by these funds.  Third, we can now proceed with our Lewis & Clark projects which had been put on hold due to lack of funds from the MOHELA transfer.  Those projects are Gohn-Wood and Hass-Hoover on the West Plains Campus, Shephard Hall on the Mountain Grove Campus, and Kings Street Annex, Temple Hall, and the HPER facilty on the Springfield Campus.  We now await Governor Nixon’s signature that will allow us to proceed with these projects.   

Dr. Nietzel then mentioned that we had an exceptionally successful year in terms of Federal Direct Appropriations.  It is time to renew our contract with our Federal lobbyist, Patton Boggs, who we contracted with last year.  Per our contract, they could have increased our payments this year but they have elected to maintain the same rates.

Dr. Nietzel and Ms. Nila Hayes, Chief Financial Officer, then presented an overview of the recommended FY2010 Operating Budget (does not include the Auxiliary Fund or the West Plains Campus).  The entire budget (approximately $250 million) will be presented to the Board at their June meeting for approval.  Budgeted state appropriations and student tuition are maintained at the same level as last year as recommended by Governor Jay Nixon.  Federal stimulus stabilization funds were used by the State to maintain the level funding and we will continue to look closely at the implications for FY11 and FY12 as we are concerned about the revenue picture and the state of the economy for these next two year.  The four budget priorities for this year were: 1) maintain employment and salaries for current employees; 2) fund fixed cost increases and prior commitments through internal reallocation; 3) fund necessary and high-priority one-time expenditures; and 4) increase fund balance for FY10.  Internal reallocations of $832,227 were used to offset increased recurring expenses of $685,705.  We allocated $2.9 million for needed one-time expenditures and still increased our central carry forward funds by $7.8 million.  We will also maintain a $3.7 million recurring reserve for the institution, another source of protection for us in lean times.  Finally, our medical and dental plan net assets increased by about $500,000.

7.         Educational:

a.   Faculty Senate Report --- Dr. Pauline Nugent, Chairperson for the Faculty Senate, introduced the new slate of officers for the Faculty Senate for the 2009/2010 academic year:  Dr. Margaret Weaver, Chair; Dr. Rebecca Woodard, Chair-Elect, and Dr. Christopher Herr, Secretary.  Dr. Weaver next addressed the Board and reported that she had appointed an ad-hoc committee to look at on-line course policies as we expand our on-line offerings.  She ended her report by stating that she looked forward to working with the Board.

b.      Report from the Provost --- Dr. Belinda McCarthy, Provost, first recognized Dr. Nugent as the recipient of the Governors’ Excellence in Teaching Award.  She next recognized Dr. Alexander Wait who did a terrific job with the sustainability theme of our Public Affairs Conference.  Dr. Wait briefed the Board on the entire year at MSU where the Public Affairs theme revolved around sustainability.  Dr. Mahua Barari Mitra, 2010 Public Affairs Conference Fellow, announced that next year’s theme is “Evolving Economic Realities” - a very relevant topic.

Mr. Brian Hammons, Chair of the Board’s Academic Affairs Committee, next reported that they had a very busy meeting this morning – hearing on the academic program reviews this past year from each of the six college deans.  Dr. McCarthy next reported on the MSU Honors College-OTC agreement that provides an opportunity for students who begin at a community college to have an honors college experience.  She next reported on the Graduate Research Forum held last month.  Dr. Frank Einhellig, Associate Vice Provost and Dean of the Graduate College introduced the two top vote recipients – Angela Boyer and Amanda Janicki.

Dr. McCarthy next introduced Ms. Annie Busch, former Director of Greene County Libraries, who is helping us develop our Learning Commons which will occupy about one third of the first floor of the Meyer Library.  Ms. Busch explained that this concept is the integration of the Writing Center, Supplemental Support, Tutoring Services, Computer Services, traditional library services, the Educational Technology Center, and the Faculty Center for Teaching and Learning to create a one-stop shop for student support services.

Governor John Winston left the meeting at this time.

8.         Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, presented the Sponsored Program Report showing that the number of research proposals submitted is up 22% when compared to last year, and the external funds awarded this year are $15.4 million compared to last year’s amount of $14 million.  He then gave an update on the Jordan Valley Innovation Center - we just received a three-year lease renewal with Lockheed Martin.  There is a lot of renovation and expansion going on right now.  One of our tenants, UniDym will be leaving because their mission has changed, but this does not have an impact on us as we have more demand for space than we can supply.

9.         West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, first reported on two additional fees since the Fee Resolution was approved – a $35 supplemental course fee in Nursing 220 and a new Jailer Certification program with new fees. 

He then presented a resolution (West Plains Campus Agreement No. 26-09) approving a Memorandum of Understanding with the West Plains R-7 School District for the purpose of creating a full-time dual enrollment Associate of Arts degree program for eligible West Plains High School juniors and seniors.  Moved by Ms. Bradbury and seconded by Mr. Kimbrough.

Motion passed 6-0.

Dr. Bennett ended his report by introducing the MSU-West Plains Campus Governors’ Excellence in Teaching Award recipient – Mr. John Fohn.

10.       Student Affairs (continued):

a.   Report from Student Body President --- Mr. Orlando Hodges, former President of the Student Body, introduced the new Student Body President, Mr. Chris Polley, who remarked that he was looking forward to working with the Board over the next year.  He presented a report of resolutions approved this spring and briefly mentioned three of the resolutions: 1) resolution recommending the University to consider offering domestic partner benefit packages; 2) resolution recommending the implementation of BearTRACS (safe rides); and, 3) resolution approving guidelines for the Student Sustainability Fund and Commission.

b.   Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, first read a resolution to commend Ryan S. Childress for outstanding service as Student Governor for Missouri State University.  Moved by Mr. Hammons and seconded by Ms. Smith.

      Motion passed 6-0.   

Mr. Childress commented that it has been a true honor serving in this capacity and he thanked the board, not once did he feel like his comments were unvalued in anyway.

Dr. Doman next read a resolution to commend Orlando Hodges II for outstanding service as Student Body President of Missouri State University from May 2007 through May 2009.  Moved by Ms. Bradbury.  Seconded by Ms. Smith.

      Motion passed 6-0.

Mr. Hodges thanked everyone for making the past two years very successful.

Dr. Doman then presented a resolution to commend Whitney K. Paul for outstanding service as Student Body Vice President for the academic year 2008-2009.  Moved by Ms. Smith, receiving the second of Mr. Hammons.

      Motion passed 6-0.

Dr. Doman next presented a resolution (Purchase Approval No. 115-09) for the approval of Wyrick fund expenditures passed by a student vote in April 2009 to be implemented in FY10.  The two projects approved were up to $36,000 for weight equipment and $90,000 for a high definition projector and equipment for the Plaster Student Union.  Moved by Ms. Smith and seconded by Mr. Hammons.

Motion passed 6-0

He then presented a resolution (Awards No. 30-09) for the approval of former Missouri State University employees to be added to the Wall of Fame.  Those named were Genevieve Cramer, Linda Dollar, Wensey Marsh, Milton Rafferty, John Schatz, and Ralph Williams.  Moved by Mr. Hammons and seconded by Ms. Bradbury.

Motion passed 6-0.

11.       Staff Senate --- Ms. Casey Comoroski, Chair of the Staff Senate, reported that our twelve new Staff Senators will be announced at the Staff Picnic on June 4, 2009.  Ms. Konya Knackstedt will be taking over as Chair for next year.  Ms. Comoroski thanked the Board for their support of the staff.

Mr. Ken McClure, Vice President for Administrative and Information Services, next read a resolution to commend Casey Comoroski for her outstanding service as Staff Senate Chair for 2008-2009.  Moved by Ms. Bradbury and seconded by Mr. Hammons.

Motion passed 6-0.

12.       Finance:

a.   Development Report --- Mr. Brent Dunn, Vice President for University Advancement, presented the development report for the ten-month period ending April 30, 2009.  We were down in April about $993,000 but for the year, we are up in total dollars received by about $363,000.

b.   Financial Report --- Ms. Nila Hayes, Chief Financial Officer, first presented a resolution (Policies & Procedures No. 134-09) approving an Identity Theft Policy.  Adopting this type of a policy is a new federal requirement for those entities who grant credit and we do so through our bookstore and our health center.  Motion made by Mr. Elliott with the second being provided by Mr. Hammons.

      Motion passed 6-0.

She next presented a resolution (Purchasing Activity Report No. 332-09) for the approval of the Procurement Activity Report from May 1, 2009 through May 13, 2009.  Moved by Ms. Smith.  Seconded by Mr. Hammons.

Motion passed 6-0.

13.       Facilities and Equipment --- Mr. Ken McClure, presented a resolution (Agreement No. 236-09) approving a lease with the City of Springfield for 530 North Boonville commencing on June 1, 2009 and continuing on a month-to-month basis at a cost of $100 per month.  He explained that this is one of the parcels of property that we are in the process of purchasing from the City and the lease will only be in effect until the University closes on these properties to be used for the IDEA Commons.  Moved by Ms. Bradbury.  Seconded by Ms. Smith.

Motion passed 6-0.           

14.       Unfinished Business --- Mr. Clif Smart, General Counsel, next presented a resolution (Bylaws No. 19-09) amending the Board’s Bylaws.  This resolution was first presented at the April 3, 2009 meeting as required by the Board’s Bylaws.  Moved by Mr. Hammons.  Seconded by Ms. Smith.

            Motion passed 6-0.

            Dr. McCarthy commented that she failed to present the resolution of appreciation for Dr. Pauline Nugent as Chair of the Faculty Senate for the 2008-2009 academic year and she is now presenting this resolution for the Board’s consideration.  Moved by Mr. Elliott and seconded by Mr. Hammons.

            Motion passed 6-0.           

15.       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 May 14, 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…”                       

c.   R.S.Mo. 610.021(3).  “Hiring, firing, disciplining or promoting of particular employees by a public governmental body…”

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

Mr. Hammons moved the approval of the resolution and Ms. Bradbury seconded the motion.

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

Mr. Duggan declared the resolution passed unanimously.

16.       Date of Next Meeting --- The date of the next scheduled meeting was set for Friday, June 19, 2009 at 10:00 a.m. on the Springfield Campus.

17.       Adjournment--- Mr. Duggan adjourned the meeting at 3:15 p.m. on the motion of Mr. Elliott, the second of Ms. Bradbury, and the unanimous vote of the Board.

John W. McAlear

Secretary