May 17, 2012



MAY 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

Ms. Paige Jenkins, Student Governor

Mr. Orvin Kimbrough, Governor

Ms. Beverly Miller, Governor

Ms. Cathy Smith, Vice Chair of the Board

Mr. John Winston, Governor


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 and International Programs

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 1:30 p.m. in the Traywick Parliamentary Room in the Plaster Student Union on the campus of Missouri State University in Springfield, Missouri.

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 meeting of March 1-2, 2012; closed meeting of March 2, 2012; open and closed meetings of March 30, 2012 (8:00 a.m.); and open meeting of March 30, 2012 (1:00 p.m.). Mr. Kimbrough so moved, receiving the second of Mr. Hofherr.

Motion passed 9-0.

b. Executive Committee Meeting --- Mr. Elliott next asked if there was a motion for the approval of the minutes for the open and closed Executive Committee meetings of April 24, 2012. Ms. Bradbury so moved, receiving the second of Mr. Kimbrough.

Motion passed 3-0. (Governors Bradbury, Kimbrough, and Smith)

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 announced that the resolution for the approval of the Intergovernmental Agreement with the City of Springfield under the Academic Affairs section of the Consent Agenda was being pulled from today’s agenda as some word revisions were necessary. This item will be presented at a future meeting. The remaining items included in the Consent Agenda are:

April 24, 2012 Executive Committee Meeting

Electrical service feeder modifications for Hammons Student Center (Bids & Quotations No. 1392-12); AC Electrical Systems, Inc., only bid received of $162,000; total project budget set at $200,000.

Replacement of boiler number 4 at the Power House (Bids & Quotations No. 1393-12); WMC Mechanical, Inc., lowest responsible bidder (based on their experience working on similarly sized projects under similar conditions) with a bid of $1,307,168 for the base bid and alternates 1, 2A, and 2B; total project budget established at $1,480,000.

Landscape improvements, Kings Street and the Foster Recreation Center (Bids & Quotations No. 1394-12); Larry Snyder and Company, low bid of $1,280,000 for the base bid plus alternates 1, 3, 5, and 6; total project budget set at $1,600,000.

Parking lot maintenance on the Springfield campus (Bids & Quotations No. 1395-12); Ball Paving, Inc., only bid received of $145,775; total project budget established at $200,000.

Phase II renovation at Robert W. Plaster Center for Free Enterprise and Business Development (Bids & Quotations No. 1396-12); DeWitt & Associates, Inc., low bid of $6,791,600 for the base bid and alternates 1, 3, and 6; total project budget set at $7,974,326.

Increasing the current allowable annual expenditures for FY2012 for the Job Order Contracting Services – Mechanical Repair & Replacement by $75,000 to a new total of $275,000 (Bids & Quotations No. 1397-12).


Approval of salaries and benefits for Jermaine Henderson as Assistant Coach for Men’s Basketball and Dave Collins as Head Coach for Men’s and Women’s Swimming (Human Resources No. 1384-12).

Academic Affairs

Ratify the termination of the Inventor Services Agreement approved and ratified on June 18, 1993 (Finance No. 1018-12).

Research and Economic Development

Approval of a lease agreement for general office and education space for Ozarks Public Television with Gryphon Tenant, LLC (Agreement No. 286-12). This is for 152 square feet of commercial space located at 1027 S. Main, Suite 314, Joplin, Missouri. The monthly rental rate is $326 per month and the term of the lease is for one year, commencing on June 1, 2012, unless extended by written agreement of both parties.

West Plains Campus

Approval of Activity Report dated April 26, 2012 (West Plains Activity Report No. 94-12).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 338-12).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 339-12).

Approval of FY2013 Salary and Benefits Overview for Missouri State University-West Plains Athletics’ Coaches (West Plains Personnel No. 340-12).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period March 31, 2012, through May 2, 2012 (Purchasing Activity Report No. 370-12).

Facilities and Equipment

Approval of Activity Report for the month of March 2012 (Activity Report No. 232-12).

Bookstore renovations at Hammons House and Bear Park South (Bids & Quotations No. 1398-12); Bales Construction Company, Inc., low bid of $267,000 for the base bid plus alternate 1; total project budget set at $500,000.

Human Resources Items

Actions concerning academic employees (Human Resources No. 1385-12).

Actions concerning non-academic employees (Human Resources No. 1386-12).

Mr. Hoven made a motion to approve the Consent Agenda, receiving a second from Mr. Kimbrough.

Motion passed 9-0.

5. President’s Report --- Mr. Clif Smart, Interim President, first gave an update on legislative actions concerning Missouri State University.

Senate Bill 562 – this bill will allow us to lease our own facilities without needing legislative approval. Due to some inaction during last year’s legislative session, we lost the ability to do so. This bill will go into effect as soon as it is signed by Governor Nixon.

Senate Bill 563 – this bill added some specific language regarding governors’ terms which will result in having three new governors appointed every two years. Included in this bill were some land conveyances that we were advocating that allow work on streets bordering the campus. Also included was a capital matching bill that will provide an opportunity for a 50-50 match on certain higher education projects. For example, for a $5 million capital project, if we can raise $2.5 million, the State will fund the other $2.5 million.

Mr. Smart next provided an initial review of the FY2013 Internal Operating Budget which the Board will be asked to approve at its June meeting. He first summarized the budget process with involvement from budget committees for each college, the Academic Affairs Budget Committee, the Administrative Budget Committee, and the Executive Budget Committee. The first action by the Executive Budget Committee during the past year was the development of a mid-year salary increase for our employees who had not received a pay raise for 2½ years. Mr. Smart then summarized some key budget developments during the past several months. Governor Nixon’s budget which was presented in January 2012 included a 12.5% cut for higher education which equated to about $9.6 million for Missouri State. In February, Governor Nixon restored $40 million to higher education which reduced our state appropriation reduction to 7.78%, which meant about $5.9 million for us. However, last week, the legislature passed a budget which kept higher education at the same level as last year. The Governor has 45 days to decide on any holdbacks he might need to make. We anticipate some holdbacks but we do not know how much this might be. So, what we have proposed for the budget to be presented next month is that we go forward with the 7.78% state appropriation cut. In the Fall, the Executive Budget Committee will reconvene and will know: a) the actual holdback; b) whether we hit our enrollment target; and, c) if our health insurance costs have increased dramatically. The Executive Committee can then determine how best to strategically utilize any available funds.

Mr. Smart mentioned that there was an 11th hour compromise last week to pass a State Budget by the deadline that added a $3 million pool to provide additional state appropriations for seven state universities. The University of Missouri and Missouri State were left out of this compromise. However, we were successful in adding an amendment to the bill that establishes a joint legislative committee to examine the question of equity funding for all institutions.

Mr. Smart ended his FY2012 Internal Operating Fund budget review by showing; a) projected decreases in state appropriations and cost increases - $11,337,000; b) projected funding sources - $11,184,000; c) one-time/non-recurring cost allocations - $1,079,000; and d) projected decrease in Net Assets for FY2013 - $1,232,000.

Mr. Smart next reported that we have completed the annual process of reviewing our Long-Range Plan. We all agreed that the major objectives of the Plan are solid and we have no suggested revisions to the objectives. We have compiled a list of recommended changes to some of the performance measures underneath the objectives. The most significant change is documenting that the University will maintain a specific reserve - $40 million.

He then presented a resolution approving 15 Key Performance Indicators to evaluate progress on the current long-range plan, with the understanding that these indicators be prominently displayed on the University’s website and that an annual report on the indicators be made to the Board. He added that several of these come directly from the State’s performance measures. Ms. Bradbury commented that she is very supportive of this listing. She wondered if there was a way to add some kind of measure of how we are supporting our Public Affairs mission. There are items included that address student support; but, is there a way to reflect our faculty and staff support of the mission. Mr. Hoven agreed with Ms. Bradbury on this addition. Mr. Smart responded that we will add a measure to this listing and bring this resolution back at the Board’s next meeting. Mr. Hofherr commented that we might consider a sustainability measure and that we look at these measures frequently.

6. Academic Affairs:

a. Report from Academic Affairs Committee – Ms. Bradbury, Chair of the Academic Affairs Committee, reported that they had an excellent joint meeting with the Student Affairs Committee this morning. She added that they had very good presentations from the Provost’s Office, the Faculty Senate, and Student Government on “plus/minus” grading. She commented that the Academic Affairs Committee will come back to the Board at a future meeting with a recommendation on whether we should continue using “plus/minus” grading. She also reported that they were briefed on the upcoming 2015-16 accreditation with the Higher Learning Commission.

b. Faculty Senate Report --- Dr. Terrel Gallaway, former Chair of the Faculty Senate, first reported on the April session of Faculty Senate. He reported that Dr. Ryan Giedd and Ms. Kathy Gibson were elected, respectively, Chair-elect and Secretary of the Faculty Senate. He also reported that they met for seven hours over multiple sessions on general education learning outcomes. In the end, they approved a very solid document regarding general education outcomes.

Dr. Chris Herr, Chair of the Faculty Senate, next reported on the May session of the Faculty Senate. He summarized a report from the Budget & Priorities Committee. They have arrived at a series of 12 performance indicators related to faculty at Missouri State, including, among others, information on faculty salaries, ratios of faculty to students, credit hour production, retention rates, diversity, and benefits. These indicators will be updated by Budget & Priorities yearly and posted on the Senate website. Other reports heard in May were from the Academic Relations Committee, an Ad Hoc Committee on Study Away, and from the Task Force on General Education.

c. Report from the Provost --- Dr. Frank Einhellig first presented a resolution of appreciation for Dr. Terrel Gallaway for his exemplary service as Chair of the Faculty Senate for the 2011-2012 academic year. Moved by Ms. Bradbury and seconded by Mr. Kimbrough.

Motion passed 9-0.

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

Amendment to Section 4.6.4 of the Faculty Handbook (Faculty Policies No. 133-12).

Amendment to Section 4.8.5 of the Faculty Handbook (Faculty Polices No. 134-12).

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

Motion passed 9-0.

Dr. Kurt Heinlein, Chair of the recent Public Affairs Conference, next reported on the success of this year’s Conference with the theme – Culture of Connectivity. He praised the Office of Public Affairs’ Support for their efficient support this year. Total attendance was 4,190.

Dr. Einhellig next reported that we have plans in place for making sure we have an evening college opportunity across the general education curriculum with eight-week block courses. He next introduced Dr. Gloria Galanes as the incoming Interim Dean of the College of Arts & Letters and Dr. David Hough as the incoming Interim Dean of the College of Education. He also announced that Dr. Tom Peters will be the new Dean of Library Services, effective August 1st.

7. Research and Economic Development & International Programs --- Dr. Jim Baker, Vice President for Research and Economic Development and International Programs, reported that the Sponsored Research & Programs Activity Report for the ten–month period ending April 30, 2012, shows that the number of proposals submitted and number of individuals participating are up considerably. Funds awarded are down just a little. He reported that the International Programs Office is actively developing additional strategic partnerships in Latin America, particularly in Brazil and Chile. We have signed agreements with universities in both countries. Dr. Baker accompanied Missouri Governor Jay Nixon and a group of business people on a trade mission to Brazil.

8. Diversity and Inclusion --- Dr. Kenneth Coopwood, Vice President for Diversity and Inclusion, reported on the results of their recent Division for Diversity and Inclusion (DDI) retreat. The DDI mission is to promote, achieve, advance, and sustain the Missouri State University commitment to diversity, equity, and inclusion by enhancing employee capabilities and competencies through diversity research, professional development, collaboration, and integrated activities and practices. He added that a recent organizational change in the Division is the change in the multicultural leadership scholarships – we want that to become a program, not just a simple handing of checks to students and leaving them to navigate the MSU experience alone.

9. West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, first presented a resolution (West Plains Curriculum No. 40-12) for the approval of a new academic program for the Associate of Science in Business. Moved by Mr. Bough and seconded by Mr. Hofherr.

Motion passed 9-0.

He next presented a resolution (West Plains Administration No. 15-12) for the approval of the 2009 Howell County Multi-Jurisdictional All Hazard Mitigation Plan. Moved by Ms. Bradbury. Seconded by Mr. Winston.

Motion passed 9-0.

Dr. Bennett then announced that MSU-West Plains, for the second consecutive year, has been named one of the top 120 two-year colleges in the United States by the Aspen Institute. He also announced that they have received the minimum amount needed in donations and pledges to create the William & Virginia Darr Endowed Honors Professorship. Mr. Dennis Lancaster, Assistant Professor and Director of the Darr Honors Program, will hold the professorship.

10. Student Affairs:

a. Report from Student Affairs Committee --- Ms. Cathy Smith, Chair of the Student Affairs Committee, reported that they have been investigating the possibility of having an award for faculty and staff similar to the Citizen Scholar Award for students that the Student Affairs Committee began several years ago. Dr. Rachelle Darabi presented some draft materials in today’s meeting for a Staff Excellence in Public Affairs award and a Faculty Excellence in Public Affairs award. Students will have input as to who is nominated for these awards. They hope to have the first awards next Spring.

b. Report from Student Body President --- Mr. Scott Turk, 2011-2012 President of the Student Body, reported on all of the different resolutions passed by Student Government this semester. He reported that Ms. Paige Oxendine and Mr. Andrew Adkins were elected, respectively, Student Body President and Vice President. Ms. Nicole Flamm was elected Senior Class President. Mr. Turk also reported Tony Ary and Kristi Ary were elected, respectively, SGA President and Vice President of the MSU-West Plains campus.

Ms. Oxendine next addressed the Board and stated that she and Andrew are very excited and feel quite privileged to represent the Missouri State University student body.

c. Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, first presented a resolution to commend Scott Turk for outstanding service as Student Body President from May 2011 through May 2012. Moved by Mr. Bough and seconded by Mr. Hoven.

Motion passed 9-0.

Dr. Doman then presented a resolution to commend Emily Bernet for outstanding service as Student Body Vice President from May 2011 through May 2012. Moved by Mr. Bough and seconded by Ms. Bradbury.

Motion passed 9-0.

He then presented a resolution (Awards No. 45-12) for the approval of former Missouri State University employees to be added to the Wall of Fame. Those former employees honored this year are: James N. Giglio, Richard L. Meyers, James F. O’Brien, Bruno Schmidt, and Carol Bell Silvey. Moved by Mr. Winston and seconded by Mr. Hoven.

Motion passed 9-0.

Dr. Doman then presented a resolution (Future Projects No. 72-12) for the approval of Wyrick Fund expenditures for one project passed by student vote in April 2012 to be implemented in FY2013. The project approved this year is: $15,965.50 for SmartBoards for the Bill R. Foster and Family Campus Recreation Center. Moved by Mr. Winston and seconded by Ms. Smith.

Motion passed 9-0.

He ended his report by presenting an update on the Tobacco Use Policy. We will become a tobacco-free campus on August 15, 2012.

11. Staff Senate --- Mr. Ken McClure, Vice President for Administrative and Information Services, next read a resolution to commend Mr. Michael Frizell for his outstanding service as Staff Senate Chair for 2011-2012. Moved by Ms. Miller and seconded by Mr. Hofherr.

Motion passed 9-0.

12. Financial:

a. Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that through the ten months ending on April 30, 2012, we are up about $3.6 million in total gifts received when compared to last year – we are at a total of $18.1 million. With two months remaining in the fiscal year, we have already set a new fiscal-year record for total gift dollars received.

Mr. Dunn then presented the following two resolutions for the Board’s consideration:

Recognizing Mr. Bobby Allison’s financial contributions in support of the Bill R. Foster and Family Recreation Center and for the intramural program by naming the basketball courts in the Foster Family Recreation Center the Betty and Bobby Allison Courts and the intramural fields located at National and Cherry the Betty and Bobby Allison Intramural Fields (Facilities No. 40-12).

Approval of a Telemarketing Services Agreement with RuffaloCODY, LLC. (Agreement No. 287-12). This is outsourcing the annual telephone campaign to a vendor that will provide a complete, full service, on-site solution to restore the phone campaign’s effectiveness. This will cost us more down the road but the vendor should be able to bring in more contributions. RuffaloCODY will continue to use our students in making the calls. Each party will have the ability to cancel the contract with a 60-day written notice.

Motion to approve the two resolutions was made by Mr. Bough with the second being provided by Mr. Kimbrough.

Motion passed 9-0.

b. Financial Report ---Mr. Steve Foucart, Interim Chief Financial Officer, first presented a resolution (Purchasing Activity Report No. 371-12) for Office of Procurement Services activities from May 3, 2012, through May 17, 2012. Moved by Mr. Hoven and seconded by Ms. Bradbury

Motion passed 9-0.

Mr. Foucart then summarized the upcoming timetable for the proposed bond issue for the Walnut Street Housing project. Timing is crucial to have the housing project completed by Fall 2013. The Board will be asked to approve the bonds at the June 22nd meeting. The Executive Committee will approve the final pricing of the bonds on June 29th.

13. Facilities & Equipment --- Mr. Ken McClure next presented the following resolution for the Board’s consideration:

Professional services in conjunction with the locker room improvements at the JQH Arena (Architects & Engineers No. 681-12); AECOM, for a fixed fee of $339,640 plus reimbursable expenses. Additional services of up to $40,000 as described in this agreement may be authorized and approved as necessary. Mr. McClure added that AECOM is the new name of Ellerbe Becket, the design firm that did the original design of the JQH Arena.

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

Motion passed 9-0.

14. Human Resources --- Mr. McClure then presented a resolution (Human Resources No. 1387-12) for the approval of an amendment to the University’s Group Medical Insurance Plan. Missouri Revised Statutes Chapter 376, Section 1220 requires self-insured group health arrangements to provide coverage for certain newborn hearing screenings and initial amplification devises. This amendment authorizes the appropriate change to our plan to make it consistent with State law. Moved by Mr. Hoven and seconded by Ms. Bradbury.

Motion passed 9-0.

15. New Business – Mr. Elliott next reported that the Presidential Search Committee had their first meeting on May 11, 2012. He added that the Presidential Search website was launched today. National ads will run in June. The Search Committee plans on naming three outstanding finalists soon after September 19, 2012. This will permit on-campus interviews on about October 3-17, 2012. The goal is for the Board to be able to name a new president by November 1st.

16. 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 May 17, 2012, meeting of the Board of Governors to consider items of business pursuant to:

a. R.S. Mo. 610.021 (1). “Legal actions, causes of actions, or litigation involving a public governmental body…”

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

c. R.S.Mo. 610.021 (12). “Specifications for competitive bidding….”

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

Mr. Winston moved the approval of the resolution and Mr. Hofherr 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.

17. Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, June 22, 2012, at 1:00 p.m. on the West Plains Campus.

18. Adjournment--- Mr. Elliott adjourned the meeting at 5:05 p.m. on the motion of Ms. Bradbury, the second of Mr. Kimbrough, and the unanimous vote of the Board.

John W. McAlear