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MINUTES

 

REGULAR BOARD MEETING
Regional University System of Oklahoma

 

January 16, 2004

 

Board of Regents of Oklahoma Colleges

Administrative Office

Oklahoma City, Oklahoma


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

 

 

Minutes of January 16, 2004...................................................................................... 1-17

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

MINUTES

 

Friday, January 16, 2004, 9:00 a.m.

Board of Regents of Oklahoma Colleges

Administrative Office

Oklahoma City, Oklahoma

 

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 9:05 a.m., January 16, 2004, Regional University System of Oklahoma Administrative Office, 3555 NW 58th, Suite 320, Oklahoma City, Oklahoma.  Notice of the meeting had been properly filed with the Secretary of State December 11, 2003, and a copy of the Agenda posted by 9:00 a.m., January 15, 2004 in compliance with the Open Meeting Act.

 

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 eight Regents present.

 

            Richard Ryerson, Chair, Position 6

            Steve Poag, Vice Chair, Position 1

Belva Howard, Regent, Position 2

            Marseda Garrison, Regent, Position 3

Jan Gordon, Regent, Position 4

Mickey Thompson, Regent, Position 5

            Mark Stansberry, Regent, Position 8

            Sandy Garrett, Regent, Position 9 

 

            Regent Holloway arrived at 9:10 a.m.

 

           

           


II.         CALL TO ORDER AND REGENTS’ ROLL CALL  (Continued)

 

GUESTS

 

      Edward Neparko, Oklahoma Conference American Association of University

                                   Professors (AAUP), Weatherford, Oklahoma

                                                                       

OTHERS PRESENT 

 

            University Presidents

 

Paul Beran, President, Northwestern Oklahoma State University, Alva,

  Oklahoma

Roger Webb, President, University of Central Oklahoma, Edmond, Oklahoma

Bill Cole, President, East Central University, Ada, Oklahoma

John Hays, President, Southwestern Oklahoma State University, Weatherford,

  Oklahoma

Larry Williams, President, Northeastern State University, Tahlequah,

  Oklahoma

Glen Johnson, President, Southeastern Oklahoma State University, Durant,

  Oklahoma

 

Board Administrative Staff

 

Sheridan McCaffree, Interim Executive Director

Kathleen Shannonhouse, Director of Internal Auditing

Lynn Griswold, Administrative Assistant

Pat Shiflett, Administrative Secretary

 

III.        MINUTES OF PREVIOUS MEETING

 

            R. #106– MINUTES OF NOVEMBER 21, 2003

 

            Regent Thompson made the motion, seconded by Regent Howard, to approve the minutes of the November 21, 2003 regular meeting.

 

            Voting for the motion:  Regents Thompson, Howard, Poag, Garrison, Gordon, Holloway, Stansberry, Garrett, Ryerson

 

            Voting against the motion:  None


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS

 

A.         ACADEMIC AFFAIRS COMMITTEE REPORT – Chair Jan Gordon 

 

            Informational Items

 

1.         Southwestern Oklahoma State University 

 

a.          Oklahoma Board of Nursing survey visit report of the University’s nursing program.

 

b.          Commission on Accreditation in Physical Therapy Education - continued accreditation of the physical therapist assistant education program at SWOSU/Caddo-Kiowa Technology Center.

 

c.          Program modification of the Bachelor of Science in Recreation Leadership to include a change in the name of the degree and changes in course requirements.

 

d.         Program deletions of the following programs that are offered on the Sayre campus: (1) Technology – AAS; (2) Criminal Justice – AAS; and, (3) Computer Information System – AAS.

 

2.         Northeastern State University

 

a.         Modification of the Master of Education in Reading

 

b.         Modification of the Master of Science in Library Media and Information Technology

 

c.          Modification of the Bachelor of Science in Science Education with a Physics Emphasis

 

d.         New Program Request for Master of Education in Mathematics Education

 

e.         New Program Request for Master of Education in Science Education

 

f.           New Program Request for School Library Media Specialist Certificate


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS  (Continued)

 

A.        ACADEMIC AFFAIRS COMMITTEE REPORT

 

            Informational Items

 

2.         Northeastern State University

 

g.         Program Suspensions

 

1)         Athletic Training, B.S.

2)         Psychometrist Certificate

3)         School Psychologist Certificate

 

3.         Northwestern Oklahoma State University  

 

a.         New Program Request for Bachelor of Arts in General Studies.

 

b.         Program Modification for Bachelor of Science in Mass Communications.

 

c.         Program Modification for Bachelor of Science in Nursing. 

 

                        4.         East Central University 

 

The Council on Social Work Education has approved the reaccreditation of the baccalaureate social work program.  The next accreditation visit is 2011.

 

B.        BUILDING COMMITTEE REPORT – Chair Ann Holloway

 

                        1.         Southwestern Oklahoma State University 

 

Regent Holloway made the motion, seconded by Regent Gordon, to approve the following items submitted by Southwestern Oklahoma State University:

 

a.         R. #107 - REVISED CAMPUS MASTER PLAN

 

b.         R. #108 - CHEMISTRY, PHARMACY AND PHYSICS RENOVATION - PROJECT #6650021

 

1)         Authority to finance a maximum of $1,000,000 of this project with the OSRHE Master Lease program.  Funds for the repayment of this amount


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS  (Continued)

 

B.        BUILDING COMMITTEE REPORT

 

            1.         Southwestern Oklahoma State University 

 

b.         R. #108

 

1)        will come from utility savings from the E&G I Budget, S-13/New College Funds and/or other sources that may become available for such use.

 

2)        Bond Purchase Program Reimbursement Resolution allowing Southwestern Oklahoma State University to proceed with the project prior the availability of funds. (OSRHE Master Lease Program)

 

This item will serve as the formal resolution for reimbursement of core operating funds expended on the projects approved for the Bond Program.

 

Under federal guidelines, a reimbursement allocation is a designated use of bond proceeds to pay an expenditure which was previously paid from sources other than bond proceeds.  According to Internal Revenue Code, Section 1.150-2, certain preliminary original expenditures related to capital projects may be reimbursed from bond proceeds if the Board declares the intent to do so in a formal resolution.  This item will serve as the formal resolution for reimbursement of core operating funds expended on purchase approved for the Master Lease Purchase Program.

 

Voting for the motion:  Regents Holloway, Gordon, Poag, Howard, Garrison, Thompson, Stansberry, Garrett, Ryerson

 

                        Voting against the motion:  None


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS  (Continued)

 

B.        BUILDING COMMITTEE REPORT

 

                        2.         University of Central Oklahoma 

 

Regent Holloway made the motion, seconded by Regent Poag, to approve the following items submitted by the University of Central Oklahoma:

 

a.         Project Approval

 

R. #109 - UNIVERSITY STORAGE FACILITY PROJECT #1200060

 

Project approval and preparation of plans and authorization to bid the project. The project is to help alleviate storage problems on campus, including adding a storage rack system.  Cost is $125,000. (Board approved the project on the Campus Master Plan at the June 20, 2003, Board meeting, R. #219)  (Section 13 Funds)

 

b.        Change Order

 

R. #110 - LIBERAL ARTS BUILDING - THATCHER HALL AND WANTLAND HALL TUCKPOINTING & WATERPROOFING REPAIR - MID-CONTINENTAL RESTORATION CO. INC. - PROJECT #1200027 

 

Change Order #1 - increase in the amount of $12,300.00. This is for necessary tuckpointing repairs that need to be addressed at all elevations of Thatcher Hall of approximately 2,941 linear feet of joint repair. Also cut existing mortar to a sufficient depth, install backer rod and seal and patch steps and concrete.  Extend completion time (30) thirty days.  (Section 13 & Physical Plant Funds)

 

Voting for the motion:  Regents Holloway, Poag, Howard, Garrison, Gordon, Thompson, Stansberry, Garrett, Ryerson

 

                        Voting against the motion:  None


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS  (Continued)

 

B.        BUILDING COMMITTEE REPORT

 

3.         East Central University 

 

Regent Holloway made the motion, seconded by Regent Stansberry, to approve the following change order submitted by East Central University:

 

a.         Change Order Approval

 

R. #111 - DOROTHY SUMMERS AUDITORIUM RENOVATION - RFD CONSTRUCTION - PROJECT #2300009

 

                         Change Order #6 – increase in the amount of $232.00.  Furnish and install smoke seals on doors 201A and 201B required to complete the fire rating of the doors separating the main corridor and the theater lobby. (Section 13/New College and Auxiliary Funds and Student Activity Facility Fees)

 

Voting for the motion:  Regents Holloway, Stansberry, Poag, Howard, Garrison, Gordon, Thompson, Garrett, Ryerson

 

                        Voting against the motion:  None

 

            Regent Holloway made the motion, seconded by Regent Howard, to approve ratification of the following projects submitted by East Central University:

 

b.         Ratification of Emergency Approval

 

1)         R. #112 - NEW STUDENT HOUSING - PROJECT #2300044

 

Contract awarded for $2,826,700.00 to the low bidder - Fenix Constructors, Inc., Ardmore, Oklahoma, for the new student housing. Bids were opened November 26, 2003. Five bids were received. Regent Ryerson gave permission to accept the best bid. (Bond proceeds are being used to fund the project)


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS  (Continued)

 

B.        BUILDING COMMITTEE REPORT

 

3.         East Central University 

 

b.         Ratification of Emergency Approval

 

2)        R. #113 - PONTOTOC RESIDENCE HALL RENOVATION - PROJECT #2300044

 

Contract awarded for $2,143,000.00 to the low bidder - Fenix Constructors, Inc., Ardmore, Oklahoma, for the renovation of Pontotoc Hall. Bids were opened December 23, 2003. Regent Ryerson gave permission to accept the best bid.  (Bond proceeds are being used to fund the project)

 

Voting for the motion:  Regents Holloway, Howard, Poag, Garrison, Gordon, Thompson, Stansberry, Garrett, Ryerson

 

                        Voting against the motion:  None

 

C.        AUDIT & FINANCE COMMITTEE REPORT – Chair Marseda Garrison

 

            R. #114 - EXTERNAL AUDIT FIRM ENGAGED

 

                         Regent Garrison made the motion, seconded by Regent Thompson, to award the external auditing contract, subsequent to the approval by the General Counsel, for a total sum of $1,016,000.00 which includes performing services related to the preparation of form 990-T, the arbitrage calculation and the SEC continuing disclosure reports (not to exceed $121,000.00), for the six regional universities and the Regional University System of Oklahoma Administrative Office to Havern, Behrens, and Heim, Oklahoma City, Oklahoma, for fiscal years 2004-2008.

 

Voting for the motion:  Regents Garrison, Thompson, Poag, Howard, Gordon, Holloway, Stansberry, Garrett, Ryerson

 

            Voting against the motion:  None


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS  (Continued)

 

            D.        PERSONNEL COMMITTEE REPORT – Chair Mickey Thompson

 

R. #115 – PRESIDENTIAL EVALUATIONS

 

Regent Thompson made the motion, seconded by Regent Stansberry, to approve the following:

 

1.         Reschedule the three informal presidential evaluations as follows: April 2004 Board meeting—President Johnson, May 2004 Board meeting—President Hays, and July 2004 Board meeting—President Beran.

 

2.         Omit the presentation of the 5-year comparison of statistical institutional data trends as a component of the informal evaluations.

 

3.         All presidents will provide a list of institutional goals, objectives, accomplishments and challenges, both from a short-term and long-term perspective, at the February 2004 Board meeting.

 

4.         Presidents to be evaluated in 2004 to present their vision in the following six core areas:

 

·        Academic Leadership

·        Fiscal Leadership

·        Administrative Leadership

·        Student Matters

·        External Affairs

·        Board Relations

 

Voting for the motion:  Regents Thompson, Stansberry, Poag, Howard, Garrison, Gordon, Holloway, Garrett, Ryerson

 

            Voting against the motion:  None


IV.       REPORT OF BOARD COMMITTEE PROCEEDINGS  (Continued)

 

            E.        POLICY & PROCEDURES COMMITTEE – Chair Belva Howard

 

R. #116 – Regional University System of Oklahoma POLICY ACADEMIC FREEDOM, ACADEMIC RESPONSIBILITY, TENURE AND DISMISSAL OF FACULTY

 

                         Regent Howard made the motion, seconded by Regent Stansberry, to approve the following change to the Regional University System of Oklahoma Policy Manual:    

 

                         3.3.5 Procedure for Granting Tenure and Reviewing of Tenured Faculty.

                                   

c)        The academic and professional performances of each tenured faculty member at each institution must be reviewed at least every three (3) years.  When the review results in a finding that a tenured faculty member’s academic and professional performance is unsatisfactory, the faculty member shall be notified of the deficiencies in performance and must be reviewed again within one (1) year.  The results of each review will be placed in the personnel record of the tenured faculty member.   The tenured faculty member should be given a copy of the review and an opportunity to respond. Two consecutive unsatisfactory reviews will may be grounds for dismissal or suspension based on incompetence or on an act or acts which demonstrate unfitness to be a member of the faculty the causes for dismissal or suspension of tenured faculty delineated in subsections d, e, f, and g below. 

 

Voting for the motion:  Regents Howard, Stansberry, Poag, Garrison, Gordon, Thompson, Holloway, Garrett, Ryerson

 

            Voting against the motion:  None

 

V.        PRESIDENTS’ RECOMMENDATIONS

 

            A.        R. #117 – NWOSU RECOMMENDATIONS APPROVED

 

Regent Poag made the motion, seconded by Regent Garrison, for approval of the President’s Recommendations for Northwestern Oklahoma State University as presented by President Beran. 

 

Voting for the motion:  Regents Poag, Garrison, Howard, Gordon, Thompson, Holloway, Stansberry, Garrett, Ryerson


V.        PRESIDENTS’ RECOMMENDATIONS

 

            A.        R. #117

 

Voting against the motion:  None

 

B.        R. #118 – UCO RECOMMENDATIONS APPROVED

 

                        Regent Gordon made the motion, seconded by Regent Thompson, for approval of the President’s Recommendations for the University of Central Oklahoma as presented by President Webb. 

 

Voting for the motion:  Regents Gordon, Thompson, Poag, Howard, Garrison, Holloway, Stansberry, Garrett, Ryerson

 

            Voting against the motion:  None

 

President Webb informed the Board that the University of Central Oklahoma will be hosting a presidential debate on January 28, 2004 from 2:00 – 4:00 p.m. in University Center Ballroom.

 

            C.        R. #119 – ECU RECOMMENDATIONS APPROVED

 

             Regent Gordon made the motion, seconded by Regent Garrett, for approval of the President’s Recommendations for East Central University as presented by President Cole.

 

Voting for the motion:  Regents Gordon, Garrett, Poag, Howard, Garrison, Thompson, Holloway, Stansberry, Ryerson

 

            Voting against the motion:  None

 

D.         R. #120 – SWOSU RECOMMENDATIONS APPROVED

 

             Regent Gordon made the motion, seconded by Regent Garrett, for approval of the President’s Recommendations for Southwestern Oklahoma as presented by President Hays. 

 

Voting for the motion:  Regents Gordon, Garrett, Poag, Howard, Garrison, Thompson, Holloway, Stansberry, Ryerson

 

            Voting against the motion:  None

 

President Hays reported to the Board that the University received a donation of $250,000 from Winneola Berrong to establish the Ed and Winneola Berrong Endowed Chair for Music.


V.        PRESIDENTS’ RECOMMENDATIONS  (Continued)

 

E.         R. #121 – NSU RECOMMENDATIONS APPROVED

 

             Regent Garrison made the motion, seconded by Regent Stansberry, for approval of the President’s Recommendations for Northeastern State University as presented by President Williams. 

 

Voting for the motion:  Regents Garrison, Stansberry, Poag, Howard, Gordon, Thompson, Holloway, Garrett, Ryerson

 

            Voting against the motion:  None

 

F.         R. #122 - SEOSU RECOMMENDATIONS APPROVED

 

Regent Thompson made the motion, seconded by Regent Garrett, for approval of the President's Recommendations for Southeastern Oklahoma State University as presented by President Johnson. 

 

Voting for the motion:  Regents Thompson, Garrett, Poag, Howard, Garrison, Gordon, Holloway, Stansberry, Ryerson

 

            Voting against the motion:  None

 

VI.       PRESIDENTS’ COUNCIL REPORT

 

President Hays stated that at the November meeting the Board modified the Board of Regents of Oklahoma Colleges Supplemental Retirement Plan For Active Employees With A Date Of Employment Prior To July 1, 1995 (401) (A) – Annex E by adding section 14.7.  This section requires the Plan Administrator to have written procedures to determine the status of a qualified domestic relations order (QDRO).  A model QDRO has been drafted by Deloitte & Touche, and reviewed by the Board legal counsel.  The adoption of this document will provide the Plan Administrator with the written procedures required by the plan modification.

 

VII.       NEW BUSINESS

 

            None


VIII.      EXECUTIVE DIRECTOR’S REPORT

 

            Sheridan McCaffree, Interim Executive Director, presented the following items to the Board:

 

A.         R. #123 – Regional University System of Oklahoma ADMINISTRATIVE OFFICE – LEASE RENEWAL

 

Regent Garrison made the motion, seconded by Regent Thompson, to approve the Board of Regents of Oklahoma Colleges Administrative Office lease renewal for office and storage space.

 

Voting for the motion:  Regents Garrison, Thompson, Poag, Howard, Gordon, Holloway, Stansberry, Garrett, Ryerson

 

            Voting against the motion:  None

 

                         Board Chair Ryerson requested that the Building Committee explore other lease options for office space for the administrative office, stating that the current lessor, Landmark Towers, requires a six-month notice of non-renewal.

 

            B.        R. #124 – EXECUTIVE DIRECTOR’S RETIREMENT DATE

 

Regent Gordon made the motion, seconded by Regent Garrett, to ratify the emergency approval, granted by Board Chair Ryerson on December 8, 2004, which changed Bette Leone’s retirement date from January 5, 2004 to January 31, 2004 in accordance with Oklahoma Teachers Retirement regulations.

 

Voting for the motion:  Regents Gordon, Garrett, Poag, Howard, Garrison, Thompson, Holloway, Stansberry, Ryerson

 

            Voting against the motion:  None

 

            C.        R. #125 – COMMEMORATION FOR FORMER REGENT

 

Regent Garrison made the motion, seconded by Regent Howard, to approve the Commemoration for Sherry Berry, former Regent, who served on the Board from April 1988 to March 1991.

 

Voting for the motion:  Regents Garrison, Howard, Poag, Gordon, Thompson, Holloway, Stansberry, Garrett, Ryerson

 

            Voting against the motion:  None


VIII.      EXECUTIVE DIRECTOR’S REPORT

 

            Informational Items

 

D.         Association of Governing Boards of Universities and Colleges National Conference on Trusteeship, March 27-30, 2004, Riverside Hilton, New Orleans, Louisiana.  

 

E.         Out-of-State Travel Reports

 

F.         Status Report on Administrative Office

 

             Sheridan McCaffree, Interim Executive Director, reported that she met with the administrative staff regarding their responsibilities and asked for their ideas for increasing efficiency, services to the Regents and the universities, enthusiasm and being appropriately challenged. 

 

She presented the following plan to improve cohesiveness, increase services, and streamline paperwork:

 

·        Timely review of tentative agenda materials with staff in order to give the universities ample time to submit additional information and increase communication and collaboration with presidents’ staff.

 

·        Working closely with the auditing staff to meet their goals

 

·        Expand the RUSO Website to include the policy manual, make data more searchable for the administrative staff and the universities and update with current information about the RUSO.

 

IX.       REGENTS’ COMMENTS

 

            None

 

The Board Chair declared a break at 11:00 a.m.  The meeting reconvened at 11:20 a.m.

 

X.        R. #126 – EXECUTIVE SESSION

 

At 11:25 a.m. Regent Howard made the motion, seconded by Regent Garrett, to go into Executive Session to discuss:

 

A.         Pursuant to 25 O.S. § 307 (B) (1), discuss the employment of an Executive Director.


X.        R. #126 – EXECUTIVE SESSION  (Continued)

 

B.         Pursuant to 25 O.S. § 307 (B) (4), confidential communications with General Counsel concerning pending litigation.

 

Voting for the motion:  Regents Howard, Garrett, Poag, Garrison, Gordon, Thompson, Holloway, Stansberry, Ryerson