October 26, 2007

MINUTES OF THE BOARD OF GOVERNORS
MISSOURI STATE UNIVERSITY

1. Roll Call
Present-     Mr. Michael Duggan, Vice-Chair of the Board
   Mr. Gordon Elliott, Governor
   Mr. Brian Hammons, Governor
Ms. Mary Sheid, Chair of the Board
Mr. Ryan Sivill, Student 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
        Don Aripoli, Vice President for Student Affairs
        Belinda McCarthy, Provost
Greg Burris, Vice President for Administrative and Information Services
Jim Baker, Vice President for Research and Economic Development
Brent Dunn, Vice President for University Advancement
        Kent Kay, Chief Financial Officer
        John Black, General Counsel
    John McAlear, Secretary of the Board

2. Presiding
--- The presiding officer for the meeting was Ms. Mary Sheid, Chair of the Board of Governors.  She 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.  She asked Dr. Nietzel to introduce some surprise guests.  Dr. Nietzel, in honor of homecoming, asked that the A Cappella group, the Beartones, made up of Missouri State University students, perform a couple of songs.  

3.    Approval of Minutes
--- Ms. Sheid asked for a motion for the approval of the minutes for the open meeting of September 14, 2007.  Mr. Duggan so moved, receiving the second of Mr. Winston.
 
Motion passed 7-0.

4.    Consent Agenda --- Ms. Sheid 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:

West Plains Campus
Approval of the Activity Report dated October 9, 2007 (West Plains Campus Activity Report No. 66-07).

Approval of lease agreement extension with the Vivian H. Drago Charitable Remainder Unitrust on the West Plains Campus (West Plains Campus Agreement No. 23-07).

Approval of depositary agreement extension with Community First National Bank of West Plains for the West Plains Campus (West Plains Finance No. 30-07).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 272-07).

Springfield Campus Purchases/Contracts
Approval of purchases exceeding $100,000 between September 14, 2007 and October 12, 2007 (Purchasing Activity Report No. 306-07).

Design and Construction Items
Approval of Activity Report for the month of August 2007 (Activity Report No. 177-07).

Approval of Activity Report for the month of September 2007 (Activity Report No. 178-07).

The tower glass replacement at the Jane A. Meyer Carillon (Bids & Quotations No. 1244-07); Builders Glass & Products, only bid received of $269,000; total project budget established at $353,000.

The Power House Modernization – Asbestos Abatement (Bids & Quotations No. 1245-07); Mid-America Environmental & Abatement, Inc., low bid of  $85,000; total project budget set at $185,000.

Architectural and engineering services in conjunction with the Siceluff Hall Renovation (Architects & Engineers No. 634-07); The Clark Enersen Partners for $486,500 plus reimbursable expenses.  Additional services of up to $50,000 as described in this agreement may be authorized and approved.

Professional services in conjunction with the Phase IIa Renovation of the Roy Blunt Jordan Valley Innovation Center (Architects & Engineers No. 635-07); Ross & Baruzzini for a lump sum fee not to exceed $486,825.  Additional services of up to $80,000 as described in this agreement may be authorized and approved.

Approval to increase the additional services allowance for the professional services of Ross & Baruzzini in conjunction with the Phase II renovation of the Roy Blunt Jordan Valley Innovation Center (Architects & Engineers No. 636-07).  This $30,000 increase brings the additional services allowance to $68,000.

Approval to increase the additional services allowance for the engineering services of Scott Consulting Engineers in conjunction with the off-site improvements of the JQH Arena (Architects & Engineers No. 637-07).  This $50,000 increase brings the additional services allowance to $55,000.

Approval to increase the additional services allowance for professional services of RMF Engineering, Inc., in conjunction with the modernization at the Power House (Architects & Engineers No. 638-07).  This $10,000 increase brings the additional services allowance to $45,000.

Approval of the third renewal of the Outside Plant Telecommunications Wiring contract with A-1 Electric Service, Inc. (Bids & Quotations No. 1246-07).  This renewal is for the period November 1, 2007 through October 31, 2008, with a 7½ percent increase over the original contract pricing as previously bid.

Human Resources Items
Actions concerning academic employees (Human Resources No. 1248-07).

Actions concerning non-academic employees (Human Resources No. 1249-07).

Mr. Duggan made a motion to approve the Consent Agenda receiving a second from Mr. Elliott

Motion passed 7-0.

5.    Student Affairs
--- Dr. Don Aripoli, Vice President for Student Affairs, next presented the following resolutions:
Naming Joseph Driscoll, Hollie Elliott, Elizabeth Keller, Robert G. Stange, and David Vinyard as Citizen Scholar award recipients for 2007-08 (Awards No. 21-07). 
Limiting the use of the crystal globe, for the campus community, for the sole purpose of acknowledging the recipients of the Citizen Scholar Award (Administration No. 18-07).

Ms. Washington moved the approval of the two resolutions, receiving the second of Mr. Duggan.

Motion passed 7-0.

Ms. Smith next explained that the new Citizen Scholar Award was established out of the desire of the Board of Governors to recognize Missouri State students who are not only outstanding scholars but exemplify the Public Affairs mission of this University.  She indicated that each of the five recipients will be recognized more fully as individuals at future board meetings.  Each of the five recipients received their certificates and were pictured along with their faculty/staff nominator and Student Affairs Committee members, Ryan Sivill and Mary Sheid.  The crystal globe will be presented to the recipient when he/she returns at the future meeting.

6.    President’s Office --- Dr. Michael Nietzel included in his report the status of the Cooperative Pharmacy program with University of Missouri-Kansas City.  On November 30, there will be a joint meeting on our campus between our faculty and administrators and UMKC faculty and administrators.   

Dr. Nietzel next gave a presentation on our Public Scorecard which is on the University’s website.  He explained that we are about half done on posting the 25 measures which we have selected to report.  He remarked that these 25 measures (when completed) will be available at any time on our website but he will provide the Board an annual update every October.  The five categories of measures are: 1) student achievement; 2) research and creative activity; 3) access and diversity; 4) institutional support; and 5) community impact.  One of the measures he shared with the Board showed our endowment funds have almost doubled since 2001. 

He next commented that, later in today’s meeting, the Board will be asked to approve a new Federal Lobbyist – Patton Boggs, LLP.  We have been very pleased with The Livingston Group – our lobbyist for the past five years.  However, it was time to rebid this service and we received nine proposals.  Four firms were interviewed and based on all factors, Patton Boggs emerged as the recommended firm – not only submitting the lowest bid, but it also ranked high on its proposal, interview, and references.

Dr. Nietzel then presented a resolution (Policies & Procedures No. 129-07) revising the Office for Equity and Diversity Complaint Procedures.  The most substantive revisions were extending the number of days from ten to twenty that the Provost has to issue sanctions upon the receipt of the Report of Findings in cases where probable cause has been determined, and also expanding the period of time the President has to review an appeal from ten to twenty days.  Moved by Mr. Duggan and seconded by Mr. Winston.

Motion passed 7-0.

Dr. Nietzel ended his report by presenting a resolution (Awards No. 22-07) for the approval for the awarding of the 2007 Bronze Bear Award to the McQueary Family, in recognition of its multi-generational involvement with Missouri State University.  He explained that it is their intent to award two separate bronze bears at the December commencement – one to the Fred and Ramona McQueary families and one to the Bill (now deceased) and Shirley McQueary families.

Mr. Hammons moved the approval of the resolution, receiving the second of Mr. Duggan.

Motion passed 7-0.

7.    Educational:
a.    Faculty Senate Report --- Dr. Tom Kane, Chairperson for the Faculty Senate, reported that the Faculty Senate endorses the changes to the Student Academic Integrity Policies and Procedures which will be proposed later in today’s meeting.  The Senate also approved a new Accelerated Masters Degree Option for the Master of Science in Project Management.

b. Report from the Provost --- Dr. Belinda McCarthy, Provost, first introduced the faculty winners of the Foundation awards for teaching, research, and service.  Teaching – Daniel Beckman and Kishor Shah; Research – Paul Durham and Michael Reed; and Service – Mark Biggs and Mark Richter.  She also introduced Carol Miller and Susan Crain who won the 2007 National “Excellence in Research” Award by the Academy of Legal Studies in Business, and Benjamin Goss who received the 2007 Teaching Excellence Award from the International Society of Business Disciplines and the 2007 Best Paper in Sport Marketing Award from the Marketing Management Association Annual Spring Conference. 

Dr. McCarthy then presented a resolution (Student Policies No. 96-07) revising the Missouri State University Student Academic Integrity Policies and Procedures (Student Policies No. 96-07).

Moved by Mr. Hammons.  Seconded by Mr. Duggan.

Motion passed 7-0.

Dr. McCarthy reported on the student success data projects in process.  She next distributed the first comprehensive multi-year study of retention – 2002 through 2006.  The average retention rate is about 74% for first-time freshmen.  However, the study shows that males are less likely to persist than females.  Older students are less likely to persist than younger students.  Students of lesser academic ability are less likely to persist.  Their goal is to explain the reasons for these differences in retention.  She also reported that we recently had an AACSB accreditation visit for the College of Business Administration.  We had a very strong report through the exit interview and we have just learned that we have received the maximum period of accreditation.  The Social Work Program also has maintained its accreditation with a follow-up report from us due in April.  Dr. McCarthy ended her report by commenting on her recent trip to Quingdao University and Liaoning Normal University in China.     

Mr. Hammons next reported on the Academic Affairs Committee meeting which was held earlier today at the College of Arts and Letters Student Exhibition Center.  He reported that Provost McCarthy is focusing on all of the key things that are important in student retention and success and academic program reviews.

8.    Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that the number of proposals submitted this year compared to last year at the same time have increased dramatically.  This is very important - if faculty don’t submit proposals, we can’t receive any awards. 

He then presented the following resolutions for the Board’s consideration:

Approving a Cooperative Agreement with the Missouri Department of Conservation for a research project to be conducted by Dr. Daniel Beckman entitled “Spatial and Temporal Dynamics of Habitat Use and Seasonal Movements by Niangua Darters” (Agreement No. 204-07). 

Approving a Cooperative Agreement with the Missouri Department of Conservation for a research project to be conducted by Dr. Alicia Mathis entitled “Native and Non-Native Fish and their Potential Interactions with Hellbinders” (Agreement No. 205-07). 

Moved by Mr. Winston and seconded by Mr. Duggan.

Motion passed 7-0.

9.    West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, focused his report on the efforts that the West Plains campus is making to increase the number of West Plains campus students transferring to the Springfield campus.  On October 4, they brought a large number of their honor students to the Springfield campus to interact with faculty here and to have dinner with the Director of the Honors Program, Dr. Art Spisak.  They also brought a bus with 40 students to the 2007 Fall Showcase on October 6.

10.    Student Affairs:
a.    Report from Student Body President --- Mr. Orlando Hodges, President of the Student Body, reported that his trip to China was a life-changing experience.  He reported on the Higher Education Consortium of the 13 presidents from student government associations of the public institutions in Missouri.  The purpose is to start the much needed dialogue on the concerns of higher education.  The first meeting will be November 10 at the University of Missouri in Columbia.  He also reported that they will be submitting three names to Governor Blunt by Thanksgiving to replace Student Governor Sivill.

    Ms. Smith reported on this morning’s Student Affairs Committee meeting.  Suggestions were offered on how the Board can participate in recruitment efforts – for example, letters from individual board members to students in their own district.

b.    Report from Vice President for Student Affairs --- Dr. Don Aripoli, Vice President for Student Affairs, commented on the report showing the total cost (including room and board) of the twelve Missouri public institutions of higher education and how we compared to the other institutions.
He then presented a resolution (Student Policies No. 97-07) approving changes to the University’s FERPA (Family Educational Rights and Privacy Act) policy.  Moved by Mr. Hammons.  Seconded by Ms. Smith.
Motion passed 7-0.

11.    Staff Senate --- Ms. Kelly Barnts, Chair of the Staff Senate, reported that Staff Senate raised $8,000 toward Breast Cancer Research during October which is Breast Cancer Awareness Month. 

12.    Finance:
a.    Development Report --- Mr. Brent Dunn, Vice President for University Advancement, introduced Mike Harders who is our new Executive Director of Development and will be starting November 12.    He gave the development report for the three months ending September 30, 2007.  Gifts received through September were up 24% when compared to the same time period last year.     

b.    Financial Report --- Mr. Winston first gave a report of the Finance Committee meeting held earlier today.  Reports on grants and contracts were given – compliance, pre-award, and post-award issues were all discussed.  Mr. Kent Kay, Chief Financial Officer, next reviewed the September 30, 2007 financial statement with the Board.

Mr. Kay next presented the following resolutions for the Board’s consideration:

Approval of Consulting Services Agreement with Patton Boggs, LLP for federal lobbying services (Purchase Approval No. 109-07).  The estimated cost for the initial 18-month contract period beginning January 1, 2008 and ending June 30, 2009 would be $128,100.  The agreement includes four annual optional renewal periods, through June 30, 2013, if all options are exercised by the University.

Approval of required student fees for corporate education courses offered by the Missouri State University-West Plains campus at approved corporate locations for Spring and Summer of 2008 (Fees No. 129-07).

Approval of purchases exceeding $100,000 from October 13, 2007 through October 25, 2007 (Purchasing Activity Report No. 307-07).

Moved by Mr. Duggan.  Seconded by Mr. Winston.

Motion passed 7-0.

13.    Unfinished Business --- Ms. Sheid indicated that the Board needed to approve the amended Bylaws which were presented at the September 14, 2007 meeting (Bylaws No. 17-07).  Mr. Hammons, who worked with Mr. John Black, General Counsel, on the new Bylaws, indicated that he was unaware of any needed changes so he moved that the Board adopt the revised Bylaws.  Mr. Duggan provided the second to the motion.    

Motion passed 7-0.

Ms. Sheid then announced that there will be an Executive Committee conference call meeting on Wednesday, October 31, 2007 at 1:00 p.m.  She also announced that Mr. Hammons is the Board’s representative on the Missouri State University Foundation Board and he has been working on a joint dinner between the Board of Governors and the Foundation Board in late January or early February.  She also stated that on that same day, she would like to schedule a short board meeting for a follow-up on items discussed at last summer’s retreat.

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.  Ms. Sheid 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 October 26, 2007 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(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(13).  “Individually identifiable personnel records, performance ratings, or records pertaining to employees or applicants for employment,…”

e.    R.S.Mo.  610.021(14).  “Records which are protected from disclosure by law….”

Mr. Hammons 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 Duggan, Elliott, Hammons, Sheid, Smith, Washington, and Winston; those voting against – none.

Ms. Sheid declared the resolution passed unanimously.

15.    Date of Next Meeting
--- The date of the next scheduled meeting was set for Friday, December 14, 2007 at 9:00 a.m. in room 313 of the Plaster Student Union on the Springfield Campus of Missouri State University in Springfield, Missouri.

16.     Adjournment --- Ms. Sheid adjourned the meeting at 3:00 p.m. on the motion of Mr. Duggan, the second of Mr. Hammons, and the unanimous vote of the Board.


John W. McAlear
Secretary