October 28, 2011

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

OCTOBER 28, 2011

1. Roll Call

Present- Mr. Gordon Elliott, Chair

Mr. Brian Hammons, Governor (by conference call)

Mr. Brandt Shields, Student Governor

Ms. Mary Sheid, Governor

Ms. Cathy Smith, Vice Chair

Ms. Phyllis Washington, Governor

Mr. John Winston, Governor (by conference call)

Absent- Ms. Elizabeth Bradbury, Governor

Mr. Orvin Kimbrough, Governor

Also

Present- Clifton Smart III, Interim President

Drew Bennett, Chancellor of the West Plains Campus

Frank Einhellig, Interim Provost

Earle Doman, Vice President for Student Affairs

Ken McClure, Vice President for Administrative and Information Services

Jim Baker, Vice President for Research and Economic Development

Kenneth Coopwood, Vice President for Diversity and Inclusion

Stephen Foucart, Interim Chief Financial Officer

Brent Dunn, Vice President for University Advancement

Penni Groves, Interim General Counsel

John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the meeting was Mr. Gordon Elliott, Chair of the Board of Governors. He called the meeting to order at 10:00 a.m. in the Traywick Parliamentary Room in Plaster Student Union on the campus of Missouri State University in Springfield, Missouri.

3. Approval of Minutes --- Mr. Elliott asked if there was a motion for the approval of the minutes for the open Board of Governors meetings of August 5, 2011, at 8:00 a.m., August 5, 2011, at 10:00 a.m., and the open Executive Committee of October 6, 2011. Ms. Washington so moved, with the second provided by Ms. Smith.

Motion passed 6-0.

4. Consent Agenda --- Mr. Elliott 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:

October 6, 2011 Executive Committee Meeting

Demolition of the Willow Brook Storage Building (Bids & Quotations No. 1375-11); CRL Enterprises, low bid of $83,900; total project budget set at $120,000.

Transmission line replacement at the KOZJ Transmission Facility in Joplin, Mo. (Bids & Quotations No. 1376-11); Precision Communications, Inc., low bid of $89,785; total project budget established at $120,000.

Approval of an agreement between the Missouri Highways and Transportation Commission through a Federal Aid Program Agreement and Missouri State University for transit-related improvements on the Springfield Campus (Agreement No. 278-11).

Retroactive approval of an agreement between the Missouri Highways and Transportation Commission through a Federal Aid Program Agreement and Missouri State University for roadway improvements at Broadmoor Street and Highway 13 (Kansas Expressway) (Agreement No. 279-11).

Approval of a resolution granting temporary construction easements to the City of Springfield for the redesign and construction of the intersection at National Avenue and Monroe Street (Land No. 101-11).

Professional services in conjunction with the renovation of Gohn Hall (Architects & Engineers No. 674-11); Dake Wells Architecture, for a fixed fee of $75,000 plus reimbursable expenses. Additional services of up to $10,000 as described in this agreement may be authorized and approved as necessary.

Phase II demolition of the Robert W. Plaster Center for Free Enterprise and Business Development (Bids & Quotations No. 1377-11); Rich Kramer Construction, low bid of $486,000; total project budget established at $6,269,326.

Approval of dates for the March 2012 Board of Governors’ Retreat (Administration No. 24-11).

President

Approval of the renewal of employment of Drew Bennett as Chancellor of the Missouri State University West Plains Campus (Human Resources No. 1365-11).

Approval of addendum to employment contract for Assistant Field Hockey Coach Erika Dombkowski (Human Resources No. 1366-11).

Approval of addendum to employment contract for Assistant Volleyball Coach Fritz Rosenberg (Human Resources No. 1367-11).

Approval of addendum to employment contract for Assistant Football Coach Bjorn Stotser (Human Resources No. 1368-11).

Approval of the Naming of the Arlen Diamond Broadcast Facility (Facilities No. 38-11).

Research & Economic Development

Revision of policies governing International Partnership Scholarships and International Student Scholarships (Board Policies No. 68-11).

West Plains Campus

Approval of Activity Report dated October 11, 2011 (West Plains Campus Activity Report No. 91-11).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 330-11).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 331-11).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period August 6, 2011, through October 14, 2011 (Purchasing Activity Report No. 363-11).

Facilities and Equipment

Approval of Activity Report for the month of July 2011 (Activity Report No. 224-11).

Approval of Activity Report for the month of August 2011 (Activity Report No. 225-11).

Approval of Activity Report for the month of September 2011 (Activity Report No. 226-11).

Sound system for the University Recreation Center (Bids & Quotations No. 1378-11); Audio Acoustics, Inc., low bid of $175,229 for the base bid plus alternate 2; total project budget set at $29,694,933.

Professional services in conjunction with the replacement of boiler no. 4 at the Power House (Architects & Engineers No. 675-11); William Tao & Associates, Inc., for a fixed fee of $49,500 plus reimbursable expenses. Additional services of up to $10,000 as described in this agreement may be authorized and approved as necessary.

Professional services in conjunction with the renovation and expansion of Garst Cafeteria (Architects & Engineers No. 676-11); Berkebile Nelson Immenschuh McDowell Architects, for a not-to-exceed fee of $230,000 plus reimbursable expenses. Additional services of up to $40,000 as described in this agreement may be authorized and approved as necessary.

Approval to increase the project budget for the Renovation of the Third Floor Mechanical System at Cheek Hall (Bids & Quotations No. 1379-11); this $38,000 increase brings the total project budget to $453,000.

Approval of the second renewal of the contract for Outside Plant Telecommunications Wiring (Bids & Quotations No. 1380-11). This renewal is for November 1, 2011, through October 31, 2012, with a 5% increase over the original contract pricing as previously bid.

Human Resources Items

Actions concerning academic employees (Human Resources No. 1369-11).

Actions concerning non-academic employees (Human Resources No. 1370-11).

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

Motion passed 6-0.

5. President’s Report --- Mr. Clif Smart, Interim President, first welcomed everyone to Homecoming weekend. He then introduced new Vice President for Diversity and Inclusion, Dr. Kenneth Coopwood.

He next presented a resolution (Human Resources No. 1371-11) to approve a mid-year salary package planned for implementation January 1, 2012. This plan is designed to address faculty and staff salaries which continue to remain below the national average and the average of our benchmark institutions. This proposal is unanimously endorsed by the Executive Budget Committee. The package includes a 1.2% raise plus $400. This type of increase helps those employees at the lower half of the salary structure more than those at the top. Mr. Smart indicated that he would fund this increase centrally for the remaining six months of this fiscal year. Moved by Ms. Sheid and seconded by Ms. Washington.

Motion passed 6-0.

Mr. Smart then presented the following two resolutions dealing with the implementation of the UMKC Doctor of Pharmacy in Springfield in cooperation with Missouri State University:

A resolution ratifying a Memorandum of Understanding (MOU) between Missouri State University and the University of Missouri-Kansas City for the Doctor of Pharmacy program (Agreement No. 280-11). This MOU was signed by Mr. Smart and Mr. Steve Owens, President of the University of Missouri on October 14, 2011, at a formal ceremony at Brick City, attended by Governor Jay Nixon and several legislators.

A resolution to enter into a Binding Letter of Intent with Brick City Tenant Two, LLC and/or Assigns, for the future lease of Buildings 1 and 5 of The Brick City Development (Agreement No. 281-11). The first three floors of Building 1 and all of Building 5 will be housed by the Art and Design Department while the fourth floor of Building 1 will be built out to UMKC’s specifications for the PharmD Program.

Moved and seconded, respectively, by Mr. Hammons and Ms. Smith.

Motion passed 6-0.

Mr. Smart then presented a resolution (Administration No. 25-11) for the approval of Diversity Program Guidelines for Disadvantaged Business Enterprises (DBE), Minority Business Enterprises (MBE), and Women Business Enterprises (WBE). He explained that this is an initiative of multiple local entities to have agreed-upon guidelines for providing opportunities to local, minority-owned businesses. The intent of the guidelines is to help each entity widen opportunities for vendor participation, increase competition, and reduce costs. Moved by Ms. Washington. Seconded by Ms. Smith.

Motion passed 6-0.

Mr. Smart next mentioned the special announcement yesterday regarding a major charitable gift commitment for the University Recreation Center from Bill R. Foster and the Foster Family. He presented a resolution (Gifts No. 159-11) that the university recognize the long-time and extraordinary involvement of the Foster Family with the University and acknowledge the major gift to this new facility by naming it the Bill R. Foster and Family Recreation Center. Moved and seconded, respectively, by Ms. Washington and Mr. Winston.

Motion passed 6-0.

Mr. Smart ended his report by presenting a resolution (Awards No. 42-11) that The Robert W. Plaster Foundation and the Plaster family be presented the 2011 Bronze Bear Award for their service to and support of Missouri State University. Moved by Ms. Sheid, receiving the second of Ms. Smith.

Motion passed 6-0.

6. Academic Affairs:

a. Faculty Senate Report --- Dr. Terrel Gallaway, Chairperson for the Faculty Senate, reported on the past three sessions of the Faculty Senate. Among those actions approved by the Faculty Senate was a resolution asking the University to set goals and target dates to increase the proportion of full-time ranked faculty relative to other job families and to make these goals a priority. They also passed a resolution on the composition of presidential search committees and the Board of Governors.

b. Report from the Provost --- Dr. Frank Einhellig, Interim Provost, named the recipients of the Missouri State University Foundation Awards for Excellence in Teaching, Research, and Service, some of whom were present.

Teaching – Richard Gebken (Technology and Construction Management) and Eric Nelson (History)

Research – Julie Masterson (Communication Sciences & Disorders) and James Parsons (Music)

Service – Janice Greene (Biology) and Dennis Hickey (Political Science)

Dr. Einhellig then presented the following resolutions regarding the Faculty Handbook:

Revision of Section 3.4.4 regarding the Distinguished Professor (Faculty Policies No. 129-11).

Revision of Section 5.11 regarding Off-Campus Teaching (Faculty Policies No. 130-11).

Revision of Section 5.2 regarding Salary Procedures (Faculty Policies No. 131-11).

Revision of Section 16 regarding numerous editorial numbering changes (Faculty Policies No. 132-11).

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

Motion passed 6-0.

Dr. Einhellig next presented a resolution (Board Polices No. 69-11) adopting revisions to Governing Policy G3.04-2, Creation of Intellectual Property. Moved and seconded, respectively, by Ms. Sheid and Ms. Washington.

Motion passed 6-0.

He then introduced the new Director of the Honors College, Dr. John Chuchiak.

Dr. Einhellig ended his report by announcing that the University is now a National Center in the VESTA Program (Viticulture Enology Science and Technology Alliance). We have just received a five-year award from the National Science Foundation for almost $5 million to make us a central player, nationally, in the education of individuals to work in the grape and wine industry. The program is housed at the Darr Agricultural Center and both the West Plains and Springfield campuses are involved in this project.

7. Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that through the first three months of this fiscal year, the number of proposals submitted has decreased when compared to last year but the actual funds awarded have increased. He indicated that he tends to monitor the numbers of proposals.

8. Diversity and Inclusion --- Dr. Kenneth Coopwood, Vice President for Diversity and Inclusion, first thanked the Board for this opportunity. He reported that he has held a series of meetings during his first four weeks on campus and these will be ongoing for several months to gain a better understanding of the campus and the people who bring it to life. He indicated that there are four specific dimensions of diversity and equity that he plans on pursuing: 1) institutional leadership and commitment; 2) curricular and co-curricular transformation; 3) campus climate; and 4) representational or compositional diversity.

9. West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that on September 20, 2011, they held a grand opening of the University’s $2.2 million student recreation center and community shelter funded by a $1.3 million FEMA grant and an auxiliary bond funded by a student fee. He also reported that the NJCAA Women’s Division I Volleyball National Championship will be held in West Plains on November 17-19, 2011. This tournament will bring about $1 million to the West Plains economy.

10. Student Affairs:

a. Report from Student Body President --- Mr. Scott Turk, President of the Student Body, reported that SGA has made a concerted effort to outreach to the Springfield community. He gave examples of a few of the projects that have been made in this effort. He also reported that their Sustainability Commission is looking at two proposals for consideration for the Sustainability Fund: 1) a rain garden on campus; and 2) an increase in the number of bike racks on campus.

b. Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, commented that our Fall enrollment was down less than 1%. Positive statistics this Fall are that our domestic transfer students were up more than 6% and first-time graduate degree-seeking students are up 11.8%.

Dr. Doman then presented the following resolutions:

Revision of the Code of Student Rights and Responsibilities for the Springfield Campus (Student Policies No. 104-11).

Revision of the Code of Student Rights and Responsibilities for the West Plains Campus (West Plains Student Policies No. 10-11).

He explained that these revisions were necessary to comply with a Dear Colleague Letter from the Department of Education regarding sexual harassment and sexual assault.

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

Motion passed 6-0.

Dr. Doman ended his report by announcing that G. I. Jobs magazine named Missouri State University as a military friendly school – one of the top 20% of colleges and universities that are doing the most to embrace American service members and veterans.

11. Staff Senate Report --- Mr. Michael Frizell, Chairperson of the Staff Senate, reported that this past year, he and Ms. Tabitha Haynes, previous Chairperson, restructured the entire Staff Senate so that Staff Senate has more of a voice. He also reported that research was being performed by two work groups, CPS Certification and Mileage Rate and Policy.

12. Financial:

a. Development Report --- Mr. Brent Dunn, Vice President for University Advancement, announced that there are about 40 to 50 different alumni events between now and Saturday night. He reported that through September 30, 2011, gift dollars received are $3.1 million, about $900,000 down when compared to last year at this time. He explained that this is the result of some timing issues. He added that there is a very large estate gift being settled in probate plus with yesterday’s announcement of the naming gift from the Foster family, we will be catching up pretty quickly.

b. Financial Report --- Mr. Stephen Foucart, Interim Chief Financial Officer, first presented a resolution (Fees No. 136-11) for the approval of a 2011-2012 Fee Schedule Addendum. Moved by Ms. Smith and seconded by Ms. Sheid.

Motion passed 6-0.

He then presented a resolution (Purchasing Activity Report No. 364-11) for Office of Procurement Services activities from October 15, 2011, through October 28, 2011. Moved by Ms. Smith, receiving the second of Ms. Sheid.

Motion passed 6-0.

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

Architectural and engineering services in conjunction with the construction of new Walnut Street Housing (Architects & Engineers No. 677-11); Berkebile Nelson Immenschuh McDowell Architects, for a fee of $1,900,000 for basic services as defined by the standard Missouri State University consultant agreement plus a not-to-exceed fee of $102,050 for additional services including programming, code consultants, and outside cost estimator for a total fee of $2,002,050 plus reimbursable expenses. Additional services of up to $200,000 as described in this agreement may be authorized and approved as necessary.

Moved by Ms. Sheid and seconded by Ms. Smith.

Motion passed 6-0.

He next presented the following two resolutions for the Board’s consideration:

The bulk nitrogen system at the Jordan Valley Innovation Center (Bids & Quotations No. 1381-11); Mechanical Services, Inc., low bid of $99,000; total project budget set at $125,000.

Professional services in conjunction with the renovation of Kings Street (Architects & Engineers No. 678-11); Hitchcock Design Group, for a fixed fee of $106,000 plus reimbursable expenses. Additional services of up to $20,000 as described in this agreement may be authorized and approved as necessary.

Moved by Ms. Washington and seconded by Ms. Smith.

Motion passed 6-0.

14. Human Resources --- Mr. McClure next presented a resolution (Human Resources No. 1372-11) for the approval of revisions to the Employee Handbook for Administrative, Professional and Support Staff Employees. This revision creates a Shared Leave Pool, effective July 1, 2012. This pool is created by donations from full-time employees who accrue annual leave. Donations may not be made for a particular employee – they must be placed in a pool. To qualify to receive hours from this pool, an employee must have worked at the university for at least one year and have donated at least 24 hours to the pool. A committee of six, on a rotating basis, will administer this pool. Moved and seconded, respectively, by Ms. Sheid and Ms. Washington.

Motion passed 6-0.

15. New Business --- Ms. Penni Groves, Interim General Counsel, presented a resolution (Board Policies No. 70-11) revising the University’s Nondiscrimination Policy Statement. She explained that this is another result of the Dear Colleague Letter mentioned by Dr. Doman. Moved by Ms. Smith. Seconded by Ms. Washington.

Motion passed 6-0.

Ms. Groves then presented the first reading of proposed revisions to the Board’s Bylaws. Rather than revising the nondiscrimination policy included in the Bylaws for the same required change, it is being recommended that this policy be removed from the Board’s Bylaws as it is redundant since there is a separate governing policy stating the University’s Nondiscrimination Policy. This first reading also includes a few cosmetic revisions to the Bylaws. The Board will be asked to vote on these revisions at the December meeting.

16. Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, December 16, 2011, at 9:00 a.m. in the Traywick Parliamentary Room in the Plaster Student Union on the campus of Missouri State University in Springfield, Missouri.

17. Adjournment--- Mr. Elliott adjourned the meeting at 12:00 noon on the unanimous vote of the board.

John W. McAlear

Secretary