April 9, 2010



APRIL 9, 2010

1. Roll Call

Present- Ms. Elizabeth Bradbury, Governor

Mr. Michael Duggan, Governor (by conference call)

Mr. Gordon Elliott, Governor

Mr. Brian Hammons, Chair of the Board

Ms. Ashley Hoyer, Student Governor

Mr. Orvin Kimbrough, Governor (by conference call)

Ms. Mary Sheid, Governor

Ms. Cathy Smith, Governor

Ms. Phyllis Washington, Vice-Chair of the Board

Mr. John Winston, Governor


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

Ken McClure, Vice President for Administrative and Information Services

Belinda McCarthy, Provost

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. Brian Hammons, Chair of the Board of Governors. He called the meeting to order at 10:00 a.m. in Faurot Hall, Rooms 101 & 102, on the campus of Missouri State University in Mountain Grove, Missouri.

3. Approval of Minutes:a. Board of Governors’ Meetings --- Mr. Hammons asked for a motion for the approval of the minutes for the open meetings of February 18 and February 19, 2010. Ms. Sheid so moved, receiving the second of Ms. Bradbury.

Motion passed 9-0.

b. Executive Committee Meetings --- Mr. Hammons next asked for a motion to approve the Executive Committee minutes for the open meeting of March 23, 2010. Moved by Ms. Washington and seconded by Mr. Elliott.

Motion passed 3-0.

4. Consent Agenda --- Mr. Hammons noted that the next item of business on the agenda was the approval of the Consent Agenda for this meeting. He asked if there was anyone in the audience that might want to speak on items included in the Consent Agenda. Mr. Zachary Becker, MBA student at Missouri State University, came forward to address the Board. He recommended that the Board hold off on approving the construction of the University Recreation Center until we get through these hard economic times where we could be facing massive state appropriation cuts. Mr. Hammons asked if there was anyone else who wanted to address the Board before they act on the Consent Agenda. Mr. Chris Polley, Student Body President, asked to speak on the other side of this issue. He remarked that it is his belief, as Student Body President, that the feeling of the majority of students on campus is one of great anticipation and anxiousness for this facility to get underway. The items included in the Consent Agenda are:

March 23, 2010, Executive Committee Meeting

The educational center at the William H. Darr Agricultural Center (Bids & Quotations No. 1317-10); DeWitt & Associates, Inc., low bid of $5,273,100 for the base bid plus alternates 1 and 5; total project budget established at $6,820,000.

The University Recreation Center (Bids & Quotations No. 1318-10); DeWitt & Associates, Inc., low bid of $19,845,870 for the base bid plus all alternates except number 11; total project budget established at $29,694,933.

The Water Heater Replacement at Freudenberger House (Bids & Quotations No. 1319-10); Mechanical Services, Inc., low bid of $167,400 for the base bid plus alternates one and two; total project budget set at $190,000.

President’s Report

Adoption of 2011 Meeting Schedule of Missouri State University Board of Governors (Administration No. 19-10).

Academic Affairs

Approval of Amendment to Academic Calendar for 2011-2012 (Curriculum No. 336-10).

West Plains Campus

Approval of Activity Report dated March 23, 2010 (West Plains Campus Activity Report No. 81-10).

Approval of Removal of Designated Signatory to Checks on Bank Accounts of Missouri State University-West Plains (West Plains Administration No. 12-10).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 306-10).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 307-10).

Approval of Fiscal Year 2011 Salary and Benefits Overview for Missouri State University-West Plains Athletics’ Coaches (West Plains Campus Personnel No. 308-10).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period February 20, 2010, through March 26, 2010 (Purchasing Activity Report No. 344-10).

Facilities and Equipment

Approval of Activity Report for the month of February 2010 (Activity Report No. 207-10).

Human Resources Items

Actions concerning academic employees (Human Resources No. 1312-10).

Actions concerning non-academic employees (Human Resources No. 1313-10).

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

Motion passed 9-0.

5. President’s Report --- President Michael Nietzel first presented a resolution (Human Resources No. 1314-10) to establish the position of Chief Diversity Officer (CDO) and to appoint Dr. Leslie Anderson as Interim Chief Diversity Officer from August 15, 2010, through June 30, 2011. Dr. Anderson is the chairperson of the President’s Commission on Diversity and Leader of the Inclusive Excellence work group of the University’s Strategic Long-Range Planning Committee. Having an interim CDO will allow the new president to begin a search for a cabinet-level Chief Diversity Officer with an anticipated start date no later than July 1, 2011. Dr. Anderson was asked to address the Board. She commented that we have made some progress but that we still have a lot of work to do. She added that this is an opportune time because the community of Springfield and the region are both asking for our leadership as an institution and she is honored to hold this interim position while a national search is performed. Moved by Mr. Kimbrough and seconded by Mr. Winston.

Motion passed 9-0.

He next presented a resolution (Faculty Policies No. 123-10) approving revisions to the Faculty Handbook. There is agreement to these revisions by the faculty and the administration with one exception – the provision for a temporary reassignment of faculty that would be involuntary (from the faculty member’s point of view) when exceptional circumstances are found by the Department Head, Dean, and Provost – the faculty’s version of this revision does not permit the temporary reassignment of faculty when exceptional circumstances are found. Dr. Margaret Weaver, Chair of the Faculty Senate, commented that the administration’s version was not forwarded to the Faculty Senate from the Faculty Handbook Revision Committee (FHRC). She requested that the Board postpone acting on the proposed resolution until such time the Faculty Senate has had an opportunity to review this proposed revision. Dr. Rebecca Woodard, Chair-Elect of the Faculty Senate and a member of the FHRC, next commented that the FHRC disagrees with this change by the administration and feels that their proposed language as written is in the best interest of the university. Dr. Nietzel remarked that the FHRC heard the administration’s version and apparently chose not to take it to the Faculty Senate – he indicated that what we have is a disagreement as to whether involuntary temporary reassignments should be done in this manner. He is recommending the approval of these revisions to the Faculty Handbook including the administration’s version of temporary reassignments of faculty. Mr. Hammons asked for a motion on the resolution. Moved and seconded, respectively, by Ms. Bradbury and Mr. Elliott.

Motion passed 9-0.

Dr. Nietzel next gave an update on matters being addressed in Jefferson City. He indicated that equalization legislation of Access Missouri awards has gone through committees in both the House and the Senate. He anticipates that this will pass and it would be implemented in 2014. Students would receive the same Access Missouri award whether they attended a private or public four-year institution of higher education. He next commented that the proposal to merge the Department of Higher Education with the Department of Elementary and Secondary Education will require a constitutional amendment and statutory change. It appears the legislature will attempt to address this and it is possible that this amendment will be on the statewide ballot in August or November. Dr. Nietzel then indicated that he anticipates the Senate will vote to support an additional reduction in the appropriations to the public institutions of about $14.8 million which has implications as far as our tuition and fees for Fall 2010. Dr. Nietzel then reported that the Strategic Planning process for our next long-range plan is underway and progress is being made. He ended his report by indicating that we will be monitoring carefully the Health Care Reform Act and the implications that it will have for the university.

6. Academic Affairs:

a. Academic Affairs Committee Report --- Ms. Bradbury, Chair of the Academic Affairs Committee, reported that the addition of a financial responsibility requirement in the general education curriculum has hit a little bump but that she is confident that we’ll be able to report good news next month.

b. Faculty Senate Report ---Dr. Margaret Weaver, Chairperson for the Faculty Senate, reported that the addition of a financial responsibility course to the general education requirements was brought to the Faculty Senate in a package with several other changes. The Faculty Senate failed to pass the package by a vote of 13 yes votes and 14 no votes. She commented that there is discussion that some of these proposals might be brought back piecemeal in the future as opposed to just one package. Mr. Hammons stated that the Board has requested this financial responsibility requirement for quite some time, is very disappointed with this outcome, and hopes that this will be worked out in the future.

c. Report from the Provost --- Dr. Belinda McCarthy, Provost, introduced Dr. Kathy Coy, Director of Institutional Research, who gave a presentation on the Academic Insights Management Dashboard – detailed statistics and data that can be reviewed on the department or college level that can help make good management decisions.

7. Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that we are down in the number of proposals submitted but have about the same number of proposals awarded when compared to last year.

8. West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that students on the West Plains campus approved a $25 Student Recreation Center Fee to help fund a multipurpose student recreational center and Federal Emergency Management Agency (FEMA) Shelter. This initiative takes advantage of a $1.3 million FEMA grant that they applied for and received. The total project is about $2.2 million with FEMA paying 75% and the host institution paying 25%. The student fees will pay the note on a 25-year bond for this program.

He then presented a resolution (West Plains Agreement No. 28-10) approving a lease agreement for the lease of property at 515 Cass, West Plains, Missouri.

One of the West Plains Campus projects that will be funded by the upcoming bond issue is the renovation of Looney Hall to expand the nursing program. The plan is to move the administrative offices currently housed in Looney Hall into 515 Cass. Moved and seconded, respectively, by Ms. Bradbury and Mr. Winston.

Motion passed 9-0.

9. Student Affairs:

a. Report from Student Affairs Committee --- Ms. Cathy Smith, Chair of the Student Affairs Committee, reported that Jack Hunter and Margie Stewart gave a presentation on the Career Center. They are starting a program to track our graduates.

b. Report from Student Body President --- Mr. Chris Polley, President of the Student Body, reported that Jacob Swett and Justin Mellish were elected, respectively, Student Body President and Vice President in elections this week. He also reported that the student body also voted to increase the Student Involvement Fee by $9 to a total of $25 per semester.

c. Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported that our Fall 2010 transfer applications and admits are each up about 25%. Summer 2010 transfer applications and admits are up, respectively, 74% and 42%. He next reported that the groundbreaking ceremony for the new University Recreation Center will be at 2:00 p.m. on April 16, 2010. He ended his report by indicating that room and board rates, included in the Fee Resolution later in this meeting, are up from about 6.5% to 6.8%.

10. Financial:

a. Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that we have had good months in both February and March, and we are now behind last year’s totals by only about $1.1 million. He commented that we are expecting two major estate gifts totaling about $2.2 million. He ended his report by reporting that the Our Promise capital campaign is closing in on about $112 million.

b. Report from Finance Committee --- Mr. Gordon Elliott, Chair of the Finance Committee, reported that they had a good discussion on the upcoming FY2011 budget.

c. Financial Report --- Ms. Nila Hayes, Chief Financial Officer, presented a resolution (Fees No. 134-10) approving the University’s Fee Schedule for 2010-2011. Due to the recent discussions in Jefferson City regarding larger reductions in state appropriations, new language has been added to the Fee Resolution. An undergraduate fee increase of $5 per credit hour will be waived for 2010-11 assuming the University’s FY11 appropriation is not reduced by more than 5.2%. If the University’s FY11 appropriation is reduced by more than 5.2%, the $5 increase will be in effect for FY11. Moved and seconded, respectively, by Mr. Elliott and Mr. Winston.

Motion passed 9-0.

Ms. Hayes next presented a resolution (Purchasing Activity Report No. 345-10) for Procurement Services Office activities from March 27, 2010, through April 8, 2010. Moved by Ms. Bradbury. Seconded by Mr. Winston.

Motion passed 9-0.

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

Constructional material testing services in conjunction with the construction of the University Recreation Center (Architects & Engineers No. 654-10); Palmerton & Parrish, Inc., for an estimated fee of $270,000 plus reimbursable expenses. Additional services of up to $30,000 as described in this agreement may be authorized and approved as necessary.

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

Motion passed 9-0.

12. Unfinished Business --- Mr. Michael Duggan, Chair of the Presidential Search Committee, reported that the committee is meeting later today hoping to screen down to about 10 to 15 candidates. Reference checks will be completed this next week with the hope of screening down to about 8 candidates who will be interviewed.

13. New Business --- Mr. Clif Smart, General Counsel, presented the following resolutions for the Board’s consideration:

Adoption of a Governing Policy regarding Tuition and Fees (Board Policies No. 60-10).

Adoption of Governing Policy G8.06 regarding Contracts for Construction and Governing Policy G8.07 regarding contracting for Professional Services-Architects, Engineers, and Land Surveyors (Board Policies No. 61-10).

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

Motion passed 9-0.

Mr. Hammons next distributed an addition to the Board’s Bylaws regarding a Nominating Committee for the purpose of nominating Board members for officers. Discussion of this possible addition could possibly occur at a future meeting as time did not permit so at this meeting.

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. Mr. Hammons 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 April 9, 2010, meeting of the Board of Governors to consider items of business pursuant to:

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

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

Ms. Sheid 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, Sheid, Smith, Washington, and Winston; those voting against – none.

Mr. Hammons declared the resolution passed unanimously.

15. Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Thursday, May 13, 2010, at 3:00 p.m. on the Springfield Campus.

16. Adjournment--- Mr. Hammons adjourned the meeting at 12:15 p.m. on the motion of Ms. Bradbury, the second of Ms. Sheid, and the unanimous vote of the Board.

John W. McAlear