MINUTES
Northwestern
Enid Campus, Board Room
TABLE
OF CONTENTS
Agenda of
Minutes of
Attachments to Minutes.......................................................................................... 45-110
MINUTES
Northwestern
Enid Campus, Board Room
I. ANNOUNCEMENT OF FILING MEETING NOTICE AND POSTING OF THE AGENDA IN ACCORDANCE WITH THE OPEN MEETING ACT
The Board of Regents
of Oklahoma Colleges met in regular session at
II. CALL TO ORDER AND REGENTS’ ROLL CALL
Board Chair Ryerson called the meeting to order. Roll call established the presence of a quorum with seven Regents present.
Richard Ryerson, Chair, Position 6
Belva Howard, Regent, Position 2
Marseda Garrison, Regent, Position 3
Jan Gordon, Regent, Position 4
Mickey Thompson, Regent, Position 5
Ann Holloway, Regent, Position 7
Mark Stansberry, Regent, Position 8
R. #74 – EXCUSE ABSENT REGENTS
Regent Howard made
the motion, seconded by Regent Garrison, to excuse Regent Steve Poag, Position
1 and Regent Sandy Garrett, Position 9.
II. CALL TO ORDER AND REGENTS’ ROLL CALL (Continued)
R. #74
Voting
for the motion: Regents Howard, Garrison,
Gordon, Thompson, Holloway, Stansberry, Ryerson
Voting against the motion: None
GUESTS
Edward
Professors (AAUP),
Jane McDermott, Executive Director,
Northwestern
University Foundation,
Janet Cunningham, Executive Vice
President, Northwestern
University,
Steve
Lohmann, Vice President for Academic Affairs,
Steve Valencia, Executive Assistant to the President/Director of Public
Relations, Northwestern
OTHERS PRESENT
University Presidents
Glen Johnson, President,
Southeastern
Roger Webb,
President,
Paul Beran, President, Northwestern
Bill Cole, President,
John Hays, President, Southwestern
Larry Williams, President,
Northeastern
Board Administrative Staff
Bette Leone, Executive Director
Kathleen Shannonhouse, Director of Internal Auditing
Pat Shiflett, Administrative Secretary
III. MINUTES OF PREVIOUS MEETING
R. #75– MINUTES OF OCTOBER 24 AND
Regent Garrison made
the motion, seconded by Regent Thompson, to approve the minutes of the
Voting for the
motion: Regents Garrison, Thompson,
Howard, Gordon, Holloway, Stansberry, Ryerson
Voting against
the motion: None
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS
A. ACADEMIC AFFAIRS
COMMITTEE REPORT – Chair Jan Gordon (Attachment
A, Pages 45-48)
Informational Item
1. Northwestern
Informational
Item – Program Deletion
School
Psychometrist program option for the Master of Education degree
2.
Informational
Items
a. Oklahoma
State Regents for Higher Education mandatory five-year program reviews for 2002-2003
b. The Commission on Accreditation of Allied Health Education
Programs (CAAHEP) has awarded the maximum of five years accreditation to the
Athletic Training Education Program.
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
B. BUILDING
COMMITTEE REPORT – Chair Ann Holloway (Attachment B, Pages 49-57)
1. Southwestern
Regent
Holloway made the motion, seconded by Regent Garrison, to approve the following
projects submitted by
a. R. #76 -
CHEMISTRY, PHARMACY AND PHYSICS RENOVATION -PROJECT #6650021
Proceed
with the North Wing of the Chemistry, Pharmacy and Physics Renovation Project.
Estimated cost of Architectural and Engineering fees of $140,000. This phase will utilize both vendor
supplied and internal workforces. Rick Skinner, SWOSU Plant Director will be
the on-site manager for this construction-managed project. (Section 13 and
b. R. #77 - CHEMISTRY, PHARMACY AND PHYSICS RENOVATION -PROJECT #6650021
Bid and award HVAC, electrical upgrades and other systems budgeted
at approximately $1,350,000.00; equipment and materials for use by our
renovation crew at approximately $400,000.00; and furniture and casework
budgeted at $250,000.00. (Section 13 and
2.
a. R. #78 – DOROTHY SUMMERS
AUDITORIUM – PROJECT #2300009
Regent
Holloway made the motion, seconded by Regent Stansberry, to approve the change
order increase in the amount of $1,349.00 to furnish and install additional alarm devices as required by the State
Fire Marshall. (Section
13/New College Funds, Auxiliary and Student Activity Facility Fees)
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
B. BUILDING COMMITTEE REPORT
2.
R. #78
Voting for the motion: Regents
Holloway, Stansberry, Howard, Garrison, Gordon, Thompson, Ryerson
Voting
against the motion: None
Informational Items
b. Pontotoc Residence Hall Renovation--Project
#2300044
All bids for the renovation of Pontotoc
Residence Hall were rejected. The scope of renovation is being revised and a
new bid date will be set.
c. New Student Housing--Project
#2300044
Bids for the
new student housing will be opened
3.
Regent
Holloway made the motion, seconded by Regent Gordon, to approved the following
projects submitted by the
a. R. # 79 – MAX CHAMBERS LIBRARY RENOVATION – PROJECT #1200047
Increase the
funding for the project to $850,000.00 from $450,000.00. This increase will allow acceptance of all
desired elements of work for the project and will provide allowable contingency
funds that may be needed for the project. (Board approved project
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
B. BUILDING COMMITTEE REPORT
3.
b. R. # 80 – NIGH
Final completion of the
Nigh University Center Miscellaneous Renovations and Improvements-International
Student Office Area Project contract with J.L.
Voting
for the motion: Regents Holloway,
Gordon, Howard, Garrison, Thompson, Stansberry, Ryerson
Voting
against the motion: None
c. R. #81 – WANTLAND SPORTS COMPLEX IMPROVEMENTS – PROJECT #1200032
Regent Holloway
made the motion, seconded by Regent Howard, to approve the contract with the firm of CDFM2 Architecture
Inc. and Hornbeek Larsson Blatt Architects, as the architect for the Sports
Complex Improvements Project.
(Board approved the rank order at the
Voting
for the motion: Regents Holloway,
Howard, Garrison, Gordon, Thompson, Stansberry, Ryerson
Voting
against the motion: None
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
B. BUILDING COMMITTEE REPORT
3.
d. R. #82 – WANTLAND SPORTS COMPLEX IMPROVEMENTS – PROJECT #1200032
Regent
Holloway made the motion, seconded by Regent Howard, to approve the project, preparation of plans, and the
authorization to bid the project. This includes construction and fees for Sports
Complex improvements and renovations at a cost of $15,000,000.00. (Board approved Campus Master Plan update
Voting
for the motion: Regents Holloway,
Howard, Garrison, Gordon, Thompson, Stansberry, Ryerson
Voting against the motion: None
e. R. #83 – MATH AND COMPUTER SCIENCE BUILDING RENOVATIONS – PROJECT #1200061
Regent Holloway
made the motion, seconded by Regent Gordon, to approve an increase in funding
to $475,000.000 from $300,000.00. Initial mandatory elements have been
completed at a cost of approximately $100,000.00. This increase will allow
acceptance of necessary Phase II elements of work for the project and will
provide funds that may be needed in the next critical phase. Additional work will be necessary as funding
allows. (Board approved the
project July 18, 2002 - R#9) (Section 13 Funds).
Voting
for the motion: Regents Holloway,
Gordon, Howard, Garrison, Thompson, Stansberry, Ryerson
Voting
against the motion: None
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
B. BUILDING COMMITTEE REPORT
3. University of Central Oklahoma
f. R. #84 – PARKING, SIDEWALKS, LIGHTS AND LANDSCAPING – V9, S9, FS9 AND FS5 PARKING LOTS – PROJECT 1200013
Regent Holloway made the motion, seconded by Regent Garrison, to approve the project and funding source for the reconstruction and repairs to the V9, S9, FS9, and FS5 parking lots including landscaping and irrigation systems at a cost of $260,000.00. (Auxiliary Funds)
Voting
for the motion: Regents Holloway,
Garrison, Howard, Gordon, Thompson, Stansberry, Garrett
Voting
against the motion: None
C. POLICY & PROCEDURES COMMITTEE
REPORT – Chair Belva Howard
(Attachment C, Pages 58-61)
R. #85 – BOARD OF REGENTS OF
OKLAHOMA SUPPLEMENTAL RETIREMENT PLAN FOR ACTIVE EMPLOYEES WITH A DATE OF
EMPLOYMENT PRIOR TO JULY 1, 1995 (401) (A) – ANNEX E
Regent Howard made the motion,
seconded by Regent Gordon, to: 1) approve September 1, 2003 as the effective
date for the changes to Annex E, Article II, 2.1 – Accrued Benefit, 2) (a)
Method One S.R.A. Calculation (SRA-1), 3) (b) Method Two S.R.A.
Calculation (SRA-2), and 4) November 21, 2003 as the effective date for
changes to 14.5 – Missing Persons, and 6) November 21, 2003 as the
effective date for the addition of 14.7 – Alienation or Assignment as
follows:
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
SUPPLEMENTAL RETIREMENT PLAN FOR ACTIVE EMPLOYEES WITH A DATE OF
EMPLOYMENT PRIOR TO JULY 1, 1995 (401) (A)
ARTICLE II
2.1 “Accrued
Benefit ” means, with respect to an Eligible
Employee, a supplemental monthly annuity due to a Participant commencing as of
the first day of the month coincident with his or her Date of Retirement
payable beginning the first of the following month as calculated under the
greater of (a) or (b) below:
(a) Method One S.R.A. Calculation (SRA-1) . For an Employee who meets the
defined Normal Retirement or Early Retirement Plan definition or is vested
under Article VIII of the Plan at the defined Date of Retirement, the written
formula will be: one-half (½) of Average Monthly Salary (A.M.S.), less the
monthly Teachers’ Retirement Maximum Life Option Annuity (T.R.A.), times the
Employee’s number of Service Years divided by twenty-five (25). Notwithstanding any provisions of this Section
2.1 to the contrary, with respect to any currently active Participant the no deduction
for TIAA will not be used to
reduce the benefit of any participant., or The
monthly actual TIAA life option annuity will be calculated using the assumption
of 100 per cent TIAA allocation rather than the Participant’s actual
allocation, or
(b) Method
Two S.R.A. Calculation (SRA-2) . For an Employee who meets the
defined Normal Retirement or Early Retirement Plan definition or is vested
under Article VIII of the Plan and has at least ten (10) defined Service Years
in the Oklahoma Regional University System immediately preceding date of
retirement, the written formula will be: two and four-tenths percent (2.4%) times
the Employee’s Service Years times the Employee’s Average Annual Base Salary
less the annual Teachers’ Retirement Maximum Life Option Annuity (T.R.A.),
divided by twelve (12). Notwithstanding
any provisions of this Section 2.1 to the contrary, with respect to any
currently
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
SUPPLEMENTAL RETIREMENT PLAN FOR ACTIVE EMPLOYEES WITH A DATE OF
EMPLOYMENT PRIOR TO JULY 1, 1995 (401) (A)
ARTICLE II
(b) Method Two S.R.A. Calculation (SRA-2). (Continued)
active Participant the no deduction for TIAA will not be used to reduce the
benefit of any participant. The monthly
actual TIAA life option annuity will be calculated using the assumption of 100
per cent TIAA allocation rather than the Participant’s actual allocation.
Notwithstanding any provisions of this
Section 2.1 to the contrary, with respect to any Participant whose First Date
of Employment is on or after July 1, 1987, the reference in the Method One
S.R.A. Calculation to the number of the Employee’s Service Years shall be
thirty (30), not twenty-five (25), and the reference in the Method Two S.R.A.
Calculation to Service Years in the Oklahoma Regional University System shall
be fifteen (15), not ten (10).
14.5 Missing
Persons. If any benefit from the Plan is unable to be
paid because the identity or whereabouts of a Participant, contingent annuitant
or Beneficiary cannot be ascertained after reasonable due diligence
efforts have been made to locate such person, all further benefits with
respect to such person shall be suspended until
such person is located. To the extent
that state law provides that a missing Participant shall be treated as
deceased, a death benefit shall be paid to the estate of the Participant as
though the death of the Participant had occurred on the date when the benefit
was first suspended according to the preceding sentence, and such payment shall
extinguish all benefits payable to the Participant or his or her Beneficiary
under the Plan. treated
as a forfeiture pursuant to the Plan.
Such forfeiture shall be deemed to occur upon the expiration of a one
year period from the date as of which the benefit was originally distributable
(or was required to commence) under the terms of the Plan. Such forfeited benefits shall remain in the
Plan.
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
SUPPLEMENTAL RETIREMENT PLAN FOR ACTIVE EMPLOYEES WITH A DATE OF
EMPLOYMENT PRIOR TO JULY 1, 1995 (401) (A)
ARTICLE II
14.5 Missing
Persons. (Continued)
If,
after the distributable amount is deemed forfeited, such missing person should
subsequently be located, such person’s benefit shall be restored and made
available for distribution within a reasonable time.
14.7 Alienation or Assignment. Except as permitted under applicable statute
or regulation, a Participant, Beneficiary, or annuitant may not assign,
alienate, transfer or sell any right or claim to a benefit or distribution from
the Plan, and any attempt to assign, alienate, transfer or sell such a right or
claim shall be void, except as permitted by statute or regulation. Any such right or claim under the Plan shall
not be subject to attachment, execution, garnishment, sequestration, or other
legal or equitable process. This
prohibition against alienation or assignment also applies to the creation,
assignment, or recognition of a right to a benefit payable with respect to a
Participant pursuant to a domestic relations order, unless such order is
determined by the Plan Administrator or their designee to be a “qualified
domestic relations order”, as such term is defined in Section 414(p) of the
Code. The Plan Administrator shall
establish written procedures to be used to determine the qualified status of
such orders and to administer distributions under such orders. Furthermore, to the extent provided under a
qualified domestic relations order, a former spouse of a Participant shall be
treated as an existing spouse for all purposes under the Plan.
Voting
for the motion: Regents Howard,
Gordon, Garrison, Thompson, Holloway, Stansberry, Ryerson
Voting against the motion: None
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
D. AUDIT & FINANCE COMMITTEE REPORT
– Chair Marseda Garrison
(Attachment D, Pages 62-69)
1. R. #86 – EXTERNAL AUDIT REPORTS
Regent
Garrison made the motion, seconded by Regent Stansberry, to accept the External
Audit Reports for the year ended June 30, 2003, submitted by Cole & Reed,
P.C., for the six regional universities and the administration office.
Voting
for the motion: Regents Garrison,
Stansberry, Howard, Gordon, Thompson, Holloway, Ryerson
Voting
against the motion: None
2. R.
#87 – TRANSITIONAL AUDITS
Regent
Garrison made the motion, seconded by Regent Stansberry, to approve the
transitional audits for the Vice President for Business and Development at
Northeastern State University, retiring December 31, 2003, and the Executive
Director for the Regional University System of Oklahoma Administration Office,
retiring January 5, 2004.
Voting
for the motion: Regents Garrison,
Stansberry, Howard, Gordon, Thompson, Holloway, Ryerson
Voting
against the motion: None
3. R.
#88 – ACL DATA ANALYSIS SOFTWARE
Regent
Garrison made the motion, seconded by Regent Gordon, to approve the purchase of
the ACL Data Analysis software for the Department of Internal Auditing to
include $1,995.00 for license fee, $420.00 for premium support, and $1,300.00
for tuition for a total cost of $3,715.00, to be made when funds are available.
Voting
for the motion: Regents Garrison,
Gordon, Howard, Thompson, Holloway, Stansberry, Ryerson
Voting
against the motion: None
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
D. AUDIT & FINANCE COMMITTEE REPORT
4. Informational Item – Status Report of the Internal Audit function.
Regent Garrison stated that the Internal Audit function is still in the process of being evaluated.
Board Chair Ryerson inquired as to when the Board could
expect a dated FY 2004 Audit Plan.
Regent Garrison requested that the Director of Internal
Auditing have the dated Audit Plan prepared by the January 2004 Board meeting.
E. PERSONNEL COMMITTEE REPORT
1. R. #89 – PRESIDENTIAL EVALUATIONS
Regent
Thompson made the motion, seconded by Regent Stansberry, to approve conducting
three informal presidential evaluations beginning early in 2004: February Board
meeting-- President Johnson, April Board meeting--President Hays, and May Board
meeting--President Beran.
Voting
for the motion: Regents Thompson,
Stansberry, Howard, Garrison, Gordon, Holloway, Ryerson
Voting
against the motion: None
Regent Thompson stated that the informal evaluations would include the following three components:
a. Presentation and discussion on 5-year comparison of statistical institutional data trends;
b. List institutional goals, objectives, accomplishments and challenges both from a short-term and long-term perspective, to be provided to the Regents at least one month prior to the individual evaluations; and
IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)
E. PERSONNEL
COMMITTEE REPORT
1. (Continued)
c. Presentation and discussion of the President’s vision in the following six core areas:
· Academic Leadership
· Fiscal Leadership
· Administrative Leadership
· Student Matters
· External Affairs
· Board Relations
Each President is to provide the Board with their institutional goals, objectives, accomplishments and challenges. The informal evaluations for the remaining three Presidents will be conducted in 2005.
2. R.
#90 – Regional University System of Oklahoma EXECUTIVE DIRECTOR
Regent
Thompson made the motion, seconded by Regent Stansberry, to approve redefining
the position of Executive Director with the broad concept that this position
would become more externally focused, and a search to fill the position be
conducted similar to a presidential search.
R. #91 – MOTION TABLED
Regent
Gordon made the motion, seconded by Regent Garrison, to table the motion until
after discussion in the Executive Session regarding the Executive Director
vacancy.
Voting
for the motion: Regents Gordon,
Garrison, Howard, Thompson, Holloway, Stansberry, Ryerson
Voting
against the motion: None
The order of the agenda changed
to Item VII.
VII. NEW BUSINESS
President Johnson requested that the Board grant a posthumous degree to Carmen Ayers-Cavender. Ms. Ayers-Cavender was killed Tuesday, November 18, 2003 in a single car accident. She was a senior, completing her minor in Psychology this semester. She had completed her coursework for her major in Sociology. The faculty unanimously recommended to the Dean of the School of Education and Behavioral Sciences that the degree be granted. The awarding of a posthumous degree to Ms. Cavender meets the Oklahoma State Regents for Higher Education’s policy on conferring Posthumous Degrees (II-02-23).
R. #92 POSTHUMOUS DEGREE
Regent
Gordon made the motion, seconded by Regent Stansberry, to grant a posthumous
degree to Carmen Ayers-Cavender.
Voting
for the motion: Regents Gordon,
Stansberry, Howard, Garrison, Thompson, Holloway, Ryerson
Voting against the motion: None
The order of the agenda changed
to Item IX.
IX. R. #93 – EXECUTIVE SESSION
At
10:00 a.m. Regent Thompson made the motion, seconded by Regent Garrison, to go
into Executive Session to discuss:
Pursuant to 25 O.S. § 307 (B) (1), discuss the employment, hiring, appointment, promotion, demotion, disciplining or resignation of the Executive Director, General Counsel, and Director of Internal Auditing.
Voting
for the motion: Regents Thompson, Garrison,
Howard, Gordon, Holloway, Stansberry, Ryerson
Voting against the motion: None
X. ANNOUNCEMENT TO RECONVENE IN PUBLIC SESSION
The Board reconvened in public session at 10:20 a.m.
The
order of the agenda changed to Item changed to Item V-A.
V. PRESIDENTS’ RECOMMENDATIONS
A. R. #94 - SEOSU
RECOMMENDATIONS APPROVED
Regent Garrison made the motion, seconded by
Regent Stansberry, for approval of the President's Recommendations for
Southeastern Oklahoma State University as presented by President Johnson.
(Attachment E, Pages 70-78)
Voting
for the motion: Regents Garrison,
Stansberry, Howard, Gordon, Thompson, Holloway, Ryerson
Voting against the motion: None
B. R.
#95 – UCO RECOMMENDATIONS APPROVED
Regent Stansberry made the motion,
seconded by Regent Howard, for approval of the President’s Recommendations for
the University of Central Oklahoma as presented by President Webb. (Attachment F, Pages 79-80)
Voting
for the motion: Regents Stansberry,
Howard, Garrison, Gordon, Thompson, Holloway, Ryerson
Voting against the motion: None