February 17, 2012




FEBRUARY 17, 2012



1. Roll Call

Present- Mr. Stephen Bough, Governor
Ms. Elizabeth Bradbury, Governor
Mr. Gordon Elliott, Chair of the Board
Mr. Peter Hofherr, Governor
Mr. Stephen B. Hoven, Governor
Mr. Orvin Kimbrough, Governor
Ms. Beverly Miller, Governor
Mr. Brandt Shields, Student Governor
Ms. Cathy Smith, Vice Chair of the Board
Mr. John Winston, Governor

Present- CliftonSmart 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
PenniGroves, 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 1:00 p.m. in the Traywick Parliamentary Room in the Plaster Student Union on the campus of Missouri State University in Springfield, Missouri. Mr. Elliott welcomed and introduced Ms. Beverly Miller of Lebanon as the newest member of the Board. He also introduced Ms. Paige Jenkins in the audience, Governor Jay Nixon’s appointment as the new Student Governor to replace Mr. Brandt Shields. Ms. Jenkins has not yet been confirmed by the Senate.


3. Approval of Minutes:

a. Board of Governors’ Meetings --- Mr. Elliott mentioned that the first item of business was the approval of the minutes for the open and closed meetings of December 16, 2011. Mr. Kimbrough so moved, receiving the second of Ms. Bradbury.

Motion passed 8-0-1 (Ms. Miller abstained).


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. He indicated that he was pulling the resolution entitled “Approval of Contract for Athletics Footwear, Apparel, Accessory, Equipment Products, Media Coverage, and Other Methods of Communications” as there has been some concern about this matter. He asked that this item be presented under the President’s Report. The remaining items included in the Consent Agenda are:


Approval of salaries and benefits for Football Coaches (Human Resources No. 1378-12).

Academic Affairs

Approval of amendment to the Academic Calendar for 2012-2013 (Curriculum No. 349-12).

Ratification of the Memorandum of Understanding regarding the Therapeutic Riding Program (Agreement No. 283-12)

West Plains Campus

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 334-12).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 335-12).

Student Affairs

Approval of the non-student Usage Fee Structure for the Bill R. Foster and Family Recreation Center on the Springfield Campus of Missouri State University (Fees No. 137-12).

Approval of the non-student Usage Fee Structure for the Student Recreation Center on the West Plains Campus of Missouri State University (West Plains Fees No. 14-12)

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period December 17, 2011, through February 3, 2012 (Purchasing Activity Report No. 367-12).

Facilities and Equipment

Approval of Activity Report for the month of December 2011 (Activity Report No. 229-12).

Approval of Activity Report for the month of January 2012 (Activity Report No. 230-12).

Professional services in conjunction with the renovation and expansion of the Blair-Shannon Cafeteria (Architects & Engineers No. 680-12); Berkebile Nelson Immenschuh McDowell Architects, for a fixed fee of $106,000 plus reimbursable expenses. Additional services of up to $30,000 as described in this agreement may be authorized and approved as necessary.

Approval of the transfer of the Leo Journagan Ranch located in Douglas County, Missouri, by General Warranty Deed from the Missouri State University Foundation to Missouri State University (Land No. 102-12).

Human Resources Items

Actions concerning academic employees (Human Resources No. 1379-12).

Actions concerning non-academic employees (Human Resources No. 1380-12).

Approval of salary adjustments (Human Resources No. 1381-12).

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

Motion passed 9-0.


5. President’s Report --- Mr. Clif Smart, Interim President, first reported that at the encouragement of several board members, we will begin today a new tradition of recognizing an exceptional student and faculty member at each board meeting. Dr. Earle Doman, Vice President for Student Affairs, first introduced Dr. Brett Garland, Associate Professor, Criminology & Criminal Justice. Dr. Garland has published 15 articles since arriving on campus in 2007. Dr. Doman then introduced Ms. Stacie Hammer of Bolivar,Missouri, nominated for today’s recognition by Dr. Garland. As a Graduate Assistant in the Department of Criminology & Criminal Justice, she has been involved in a national-level evaluation (under the leadership of Dr. Garland) of Evening Reporting Centers (ERC), an alternative approach to supervise high-risk youth who are awaiting court hearings in the juvenile justice system. Dr. Doman added that Ms. Hammer is an example of the excellence produced by Missouri State University, and we are proud of her accomplishments and the mentoring of Dr. Garland.

Mr. Smart next reported that the proposed reduction in our 2013 State Appropriations now stands at 7.78%, about $6 million. Given projected increased expenses and reduced revenues, the total amount we need to address is $11.7 million. The Executive Budget Committee has reached consensus on a plan to address this which includes remaining within the increase allowed by Missouri Statutes for tuition and fees for undergraduate, resident students – we will not seek a waiver from the Commissioner of Higher Education. He added that we have reduced the amount of the cut to the academic colleges by almost $500,000.

Mr. Smart then gave an update on the Academic Administrators’ Return to Faculty Policy. He commented that one of his first acts as Interim President was to ask Dr. Frank Einhellig, Provost, and Dr. Terrel Gallaway, Faculty Senate Chair, to appoint a task force to review and approve this policy that provided administrators to return to faculty at 9/11 of their administrative salary. The task force completed its report in late November. On a related note, the Faculty Senate Committee on Heads and Chairs completed its report in December. This new policy adopts the great bulk of the recommendations from the task force and some of the policy recommendations from the Faculty Senate committee.

Mr. Smart ended his report by presenting the resolution that was pulled from the Consent Agenda - Approval of contract for Intercollegiate Athletics footwear, apparel, accessory and equipment products, media coverage, and other methods of communications (Purchase Approval No. 123-12). This contract is a five-year Team Agreement with Adidas, effective June 1, 2012, and will cover all Intercollegiate Athletics squads except for Women’s Basketball and Men’s Basketball, both subject to prior agreements which shall not expire until, respectively, August 31, 2012, and August 31, 2014. After the expiration of their respective prior agreements, Women’s and Men’s basketball shall be included in this contract with Adidas. This is, by far, the best financial arrangement we have ever had in the history of the University for this type of product. Mr. Smart commented that there had been some recent concern with Adidas and its practices overseas in manufacturing its products. He then read from a statement by Adidas that absolutely denies any improper activity. Mr. Smart commented that he and Mr. Kyle Moats, Director of Intercollegiate Athletics, will continue to monitor the situation, and if they learn of inconsistent information, they will revisit our association with Adidas. However, in terms of everything we know now, he is recommending that we move forward with this contract. Mr. Winston so moved, receiving the second of Mr. Hoven.

Motion passed 9-0.


6. Academic Affairs:

a. Report from Academic Affairs Committee – Ms. Bradbury, Chair of the Academic Affairs Committee, reported that they heard a very good review of the College of Humanities and Public Affairs by its Dean, Dr. Victor Matthews.

b. Faculty Senate Report --- Dr. Terrel Gallaway reported that the Budget and Priorities Committee of the Faculty Senate looked at the issue of bringing the salaries of all faculty up to CUPA averages and it would cost just under $4 million if we were to do so today. If this was done over a five-year period, including increases for those already at or above CUPA averages, it would cost about $7.2 million. He also reported on a Faculty Senate Resolution in support of equal rights to support the University of Missouri’s attempts to provide domestic partner benefits.

c. Report from the Provost --- Dr. Frank Einhellig first presented a resolution (Curriculum No. 350-12) for the approval of the Academic Calendar for 2013-2014. Moved by Mr. Hofherr and seconded by Ms. Smith.

Motion passed 9-0.

He next presented another resolution (Curriculum No. 351-12) for the approval of changing the name of the Department of Health, Physical Education and Recreation to the Department of Kinesiology, effective July 1, 2012. Moved by Ms. Smith and seconded by Mr. Hoven.

Motion passed 9-0.

Dr. Einhellig next reported that we are very close to gaining our third doctoral program in a professional health area – Doctor of Nursing Practice. The Higher Learning Commission will be voting on this in March. He then announced that Dr. Gloria Galanes has agreed to be the Interim Dean of the College of Arts & Letters next year to replace Dean Carey Adams who has taken a provost position at another institution. He next reported that we have submitted to the State that our unique, institutional performance measure will be the number of graduates in critical fields for workforce in the State of Missouri. We are still negotiating which fields will be covered. It will include STEM (Science, Technology, Engineering, and Mathematics) and health care but there are some other areas listed as critical in Missouri.


7. Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported we have been awarded about $11 million through January which is down when compared to last year at this time. We did submit several proposals in January so we are hoping to see an increase in the coming months.


8. Diversity and Inclusion --- Dr. Kenneth Coopwood, Vice President for Diversity and Inclusion, reported that, after a little more than four months on the job, he has completed more than 150 meetings, been present at 31 campus events, and attended more than 31 community events. He has had talks with Springfield Public Schools with regard to the use of theatre to train both faculty and students on diversity-related issues. He reported that there were over 400 applications for the multicultural leadership scholarship, a record. We invited 107 students and their parents to campus and 96 students attended. We have offered the multicultural leadership scholarships to 61 students and the remaining students were offered a $2,000 leadership grant.


9. West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, first reported that they are in the process of using the Diversity Recruitment and Hiring Process to hire candidates that will result in the West Plains Campus making significant progress on their minority placement goals established by the Affirmative Action Plan. By the Fall semester, they hope to have additional hires that include individuals of diversity to go along with the two new hires this semester. He next reported that the Gohn Hall project is on schedule and within budget. He ended his report by announcing that Mr. Matt Morris, who has served as Director of Business & Support Services on the West Plains Campus is returning to the Springfield Campus as Interim Associate Vice President for Administrative and Information Services.


10. Student Affairs:

a. Report from Student Affairs Committee --- Ms. Cathy Smith, Chair of the Student Affairs Committee, reported that they had a very interesting report from the Behavioral Intervention Team.

b. Report from Student Body President --- Mr. Scott Turk, President of the Student Body, reported that the Student Government Association passed a resolution to submit a proposed $2 increase in the Taylor Health Center Fee to be voted upon by the student body during the April Student Body Elections. He also reported that they have been researching the possibility of forming a Sustainability Graduate Assistant position. He next mentioned that the new Bear Line Shuttle route that runs on Fridays and Saturdays to downtown Springfield and back, to increase the safety of students, has averaged over 300 riders each weekend.

c. Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported that the official Spring enrollment number of 19,715 is an all-time record for Spring enrollment. As far as Summer and Fall enrollment, it is projected that the number of high school graduates in Missouri will be down 4% this year. At this time, very early in the process, we are up in the number of admitted students in all categories of degree-seeking students. Dr. Doman next commented on the volunteer efforts of the Office of Student Engagement. He then highlighted the Veterans Incentive Program and introduced Ms. Jennifer Kautzman, Assistant Registrar for Veteran Student Services. He also introduced Major Jeff Coberly, the new Coordinator of the Veterans Incentive Program.


11. Financial:

a. Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that through the seven months ending on January 31, 2012, we are up about $27,000 in total gifts received when compared to last year. He added that we announced a couple of weeks ago that we have reached our capital campaign goal of $125 million so the goal has been increased to $150 million by the end of this calendar year.


12. Facilities & Equipment --- Mr. Ken McClure, Vice President for Administrative and Information Services, first presented a resolution (Agreement No. 284-12) for the approval to participate in the Energize Missouri Schools and Local Governments Program of the Department of Natural Resources and to execute a Loan Agreement, Promissory Note, and Related Documents to obtain funds to finance the installation or construction of energy conservation measures; such funds to be repaid from energy cost savings realized as a result of implementing such energy conservation measures. Moved by Mr. Hoven. Seconded by Mr. Bough.

Motion passed 9-0.

He next reported that he was removing the approval of the Letter of Intent with the University of Missouri-Kansas City regarding lease space for the Doctor of Pharmacy Program from today’s agenda as we are still negotiating the terms of this arrangement.

Mr. McClure next presented a resolution (Agreement No. 285-12) for the approval of a Cost Share Agreement between the City of Springfield and Missouri State University for the installation of a traffic signal at National Avenue and Monroe Street. It is planned that this will become the main entrance to our campus. Moved by Ms. Bradbury and seconded by Mr. Hoven.

Motion passed 9-0.


13. New Business – Ms. Penni Groves, Interim General Counsel, presented a resolution approving revisions to the Bylaws of the Board of Governors. She explained that this is the first reading of this revision. The one change is to clarify the enrollment requirements of the Student Member of the Board of Governors. This resolution will need to be presented again at the March 30, 2012, board meeting and will be voted on at that 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. Elliott 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 February 17, 2012, 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. Bradbury moved the approval of the resolution and Mr. Winston seconded the motion.

A roll call vote on the resolution was as follows: those voting in favor – Governors Bough, Bradbury, Elliott, Hofherr, Hoven, Kimbrough, Miller, Smith, and Winston; those voting against – none.

Mr. Elliott declared the resolution passed unanimously.


15. Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, March 30, 2012, at 1:00 p.m. on the Springfield Campus.


16. Adjournment--- Mr. Elliott adjourned the meeting at 3:25 p.m. on the motion of Mr. Shields, the second of Mr. Kimbrough, and the unanimous vote of the Board.


John W. McAlear