December 20, 2005

December 20, 2005

1. Roll Call
Present- Mr. Michael Duggan, Governor (by conference call)
Mr. Michael Franks, President of the Board (by conference call)
Ms. Mary Sheid, Vice President of the Board (by conference call)
Mr. Ryan Sivill, Student Governor (by conference call)
Ms. Phyllis Washington, Governor (by conference call)
Mr. John Winston, Governor (by conference call)

Present- Michael Nietzel, President
Greg Onstot, Vice President for University Advancement
Paul Kincaid, Chief of Staff
Bill Rowe, Director of Athletics
Bill O'Neill, Associate Director of Athletics
John Black, General Counsel
John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the meeting was Mr. Michael Franks, President of the Board of Governors. He called the conference call meeting to order at 11:00 a.m. originating in Room 203 of Carrington Hall on the campus of Missouri State University in Springfield, Missouri.

Mr. McAlear first asked to confirm the date of the March 2006 meeting. After a brief discussion, it was decided to have the March meeting on March 10, 2006 in West Plains, Missouri.

3. 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. Franks 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 during a recess of this December 20, 2005 special conference call 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. R.S.Mo. 610.021(3). "Hiring, firing, disciplining or promoting an employee of a public governmental body."

C. 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. Washington seconded the motion.

A roll call vote on the resolution was as follows: those voting in favor – Governors Duggan, Franks, Sheid, Washington, and Winston; those voting against – none.

Board President Franks declared the motion was passed 5-0.

The Board recessed this meeting at 11:05 a.m.

The Board reconvened at 11:20 a.m.

Mr. Franks asked if there was a motion to authorize Dr. Michael Nietzel to enter into an employment contract with Mr. Terry C. Allen under the terms of the overview sheet that had been distributed to each of the Board members. Ms. Washington so moved, receiving the second of Ms. Sheid.

Motion passed 5-0.

4. Adjournment --- Mr. Franks adjourned the meeting at 11:25 a.m. on the motion of Mr. Duggan, the second of Mr. Winston, and the unanimous vote of the Board.

John W. McAlear

Overview of Benefits for the
Employment Contract of
Terry C. Allen
Head Football Coach
Missouri State University

Five (5) year contract in effect January 1, 2006 - January 31, 2011.

Salary - $96,803, first year.

Rental of Plaster Sports Complex for summer football camp.

Worker's Compensation Insurance (regular University benefit).

Retirement Fund (regular University benefit).

Achievement payment for winning or finishing as co-champions of the Gateway Football Conference -- $7,500.

Student Academic Achievement - $2,500.

Achievement payment for finishing as runner-up or co-runner-up in Gateway Conference competition - $2,500.

$6,000 achievement payment for each game appearance of the Bears in the NCAA

$1,000 achievement payment for each win above seven wins during the regular season.

$5,000 achievement payment for a win over an NCAA I-A opponent.

Television show guarantee - $19,197.

Radio show guarantee - $10,000.

Highland Springs Country Club social membership; the Tower Club membership and Millwood Country Club golf and social membership.

Use of one (1) automobile and insurance.

Cancellation Clause - University agrees to pay Coach 12 month's base salary if terminated without cause. Coach will pay University 12 month's base salary if Coach cancels the contract.