BOARD OF REGENTS

TABLE OF CONTENTS

Agenda of July 29, 2005............................................................................................. 1-10

Minutes of July 29, 2005........................................................................................... 11-28

Attachments to Minutes........................................................................................... 29-186

MINUTES

Friday, July 29, 2005, 9:00 a.m.

Northeastern State University

Gene Branscum Alumni Center

Tahlequah, 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 9:00 a.m., July 29, 2005, Northeastern State University, Gene Branscum Alumni Center, Tahlequah, Oklahoma. Notice of the meeting had been properly filed with the Secretary of State, November 18, 2004, and a copy of the Agenda posted by 9:00 a.m., July 28, 2005 in compliance with the Open Meeting Act.

II. CALL TO ORDER AND REGENTS’ ROLL CALL

Board Chair Holloway called the meeting to order. Roll call established the presence of a quorum with eight Regents present.

Ann Holloway, Chair, Position 7

Steve Poag, Regent, Position 1

Belva Howard, Regent, Position 2

Joe Anna Hibler, Regent, Position 3

Jan Gordon, Regent, Position 4

Richard Ryerson, Regent, Position 6

Mark Stansberry, Position 8

Sandy Garrett, Regent, Position 9

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

R. #1 – EXCUSE ABSENT REGENT

Regent Howard made the motion, seconded by Regent Stansberry, to excuse Regent Mickey Thompson, Position 5.

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

Voting against the motion: None

GUESTS

Jim Pate, Vice President for Academic Affairs, Northeastern State University,

Tahlequah, Oklahoma

Kim Cherry, Vice President for Administration, Northeastern State University,

Tahlequah, Oklahoma

Neal Weaver, Vice President for University Relations, Northeastern State

University, Tahlequah, Oklahoma

Gary Wickham, Professor, Optometry, Northeastern State University, Tahlequah,

Oklahoma

Anita Thompson, Director, Alumni Relations, Northeastern State University,

Tahlequah, Oklahoma

John A. Gyllin, Director, Development/Foundation, Northeastern State University,

Tahlequah, Oklahoma

John Yeutter, Assistant Professor, Accounting, Northeastern State University,

Tahlequah, Oklahoma

Shirley Griffin, Secretary III, President’s Office, Northeastern State University,

Tahlequah, Oklahoma

Chrissi Nimmo, Assistant Director, Development, Northeastern State University,

Tahlequah, Oklahoma

Dale Denwalt II, Editor, The Northeastern, Northeastern State University,

Tahlequah, Oklahoma

Sean Sallis, Reporter, The Northeastern, Northeastern State University,

Tahlequah, Oklahoma

Tom Fagan, Vice President for Administration and Finance, Southwestern

Oklahoma State University, Weatherford, Oklahoma

Shelley Ross, Director of Purchasing, East Central University, Ada, Oklahoma

Janet Cunningham, Executive Vice President, Northwestern Oklahoma State

University, Alva, Oklahoma

Raquel Hutchens, Chief of Staff, Southeastern Oklahoma State University,

Durant, Oklahoma

Steve Kelley, RUSO Legislative Liaison, Tulsa, Oklahoma

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

OTHERS PRESENT

University Presidents

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

Larry Williams, President, Northeastern State University, Tahlequah, Oklahoma

Paul Beran, President, Northwestern Oklahoma State University, Alva

Oklahoma

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

Oklahoma

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

Oklahoma

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

Board Administrative Staff

Sheridan McCaffree, Executive Director

Charlie Babb, General Counsel

Pat Shiflett, Executive Assistant

III. MINUTES OF PREVIOUS MEETING

R. #2 – MINUTES OF JUNE 16, 2005

Regent Howard made the motion, seconded by Regent Gordon, to approve the minutes of the June 16, 2005 regular meeting.

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

Voting against the motion: None

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS

A. ACADEMIC AFFAIRS COMMITTEE – Chair Steve Poag

(Attachment A, Pages 29-33)

Regent Poag made the motion, seconded by Regent Ryerson, to approve the following Academic Affairs Committee items submitted by Southwestern Oklahoma State University:

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

A. ACADEMIC AFFAIRS COMMITTEE

Southwestern Oklahoma State University

R. #3 - PROGRAM MODIFICATION

Change in department name for two degree programs: Bachelor of Science in Industrial Technology and the Bachelor of Science in Engineering Technology.

R. #4 - PROGRAM MODIFICATION

Program name change and degree designation change for the Bachelor of Science in Medical Technology.

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

Voting against the motion: None

B. POLICY & PROCEDURE COMMITTEE REPORT – Chair Jan Gordon

(Attachment B, Pages 34-36)

Regent Gordon reported that the committee met with the presidents and business officers to discuss issues regarding the Regional University System of Oklahoma Supplemental Retirement Plan, provisions 6.1 and 6.2. Regent Gordon expressed her appreciation to the business officers for the time they spent and the clarification of issues they presented to the committee related to the retirement plan and stated that this item will be discussed further at a future meeting.

C. BUILDING COMMITTEE REPORT – Chair Richard Ryerson

(Attachment C, Pages 37-52)

Regent Ryerson made the motion, seconded by Regent Howard, to approve the following building committee items submitted by Northeastern State University, Northwestern Oklahoma State University, Southwestern Oklahoma State University, East Central University, Southeastern Oklahoma State University and the University of Central Oklahoma:

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

C. BUILDING COMMITTEE REPORT

1. Northeastern State University

R. # 5 - PARKING AND STREET DEVELOPMENT - PROJECT #4850013

Increase in the amount approved to award for parking lot repairs. The project was originally approved for $150,000.00. (2004 R#32, 1998 R#141) Bids were received from Patton Construction for $193,996.00. The project scope has been expanded to include eleven campus lots, five lots in addition to the previous six approved. The project includes seal coating, asphalting, asphalt overlays, striping, addition of storm drains, and raising a manhole. The project cost of $193,966.00. (Auxiliary Funds)

2. Northwestern Oklahoma State University

R. #6 – RENOVATION OF SCIENCE BUILDING

PROJECT #5050028

RENOVATION OF HEALTH AND PHYSICAL EDUCATION BUILDING – PROJECT #5050023

Easley Associates, Architects, Enid, Oklahoma, as the architect for the renovation of the Science Classroom and Laboratory Building and the Health and Physical Education Classroom Building. (Higher Education Bond Issue 2005 Funds)

3. Southwestern Oklahoma State University

a. R. #7 – SUPPLEMENTAL WATERSHED PLAN

Resolution to approve the Supplemental Watershed Plan for the Rehabilitation of the Floodwater Retarding Structure Number 1 at Crowder Lake for the plan that is between SWOSU and the Natural Resources Conservation Service.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

C. BUILDING COMMITTEE REPORT

3. Southwestern Oklahoma State University

b. R. #8 - MEMORIAL STUDENT UNION

PROJECT #6650023

Tabulation information for the following bids is attached: (1) Demolition and site grading; (2) Masonry; (3) Structural steel; (4) Steel erection; (5) Millwork; (6) Finish hardware; (7) Drywall and ceilings; (8) Flooring and tile; (9) Painting; (10) Fire sprinkler system; (11) Total mechanical; and, (12) Electrical work. (OSRHE Master Lease, Statewide Higher Education Bond Issue of 2005, Auxiliary Funds, Section 13 Offset New College Funds)

4. East Central University

a. R. #9 - CAMPUS MASTER PLAN REVISION

PROJECT 2300048

Campus Master Plan update to reflect an increase in the Skills Center budget (Project 230-0048). This budget reflects both federal and state dollars.

b. R. #10 - ROOF REPAIRS - PROJECT #2300013

Design, bid and award a contract to the lowest responsible bidder for roof repairs for the Mickey McBride Gymnasium at a cost of $75,000. (Section 13/New College Funds).

c. R. #11 - FINE ARTS CENTER - PROJECT #2300038

Alter the property line of the property on the future site of the Fine Arts Center by bringing legal action in the name of the Regional University System of Oklahoma to seek a court decree to vacate a portion of the property.

Authorization to execute all related documents and take all action necessary to consummate the transaction. (Revenue Bond and Private Gift Funds).

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

C. BUILDING COMMITTEE REPORT

5. Southeastern Oklahoma State University

a. R. #12 - STUDENT UNION – PROJECT #6600440

Amend the Guaranteed Maximum Price (GMP) negotiated with Manhattan Construction as the Construction Manager “At-Risk” on the Student Union Project from $7,796,690 to $12,648,969.

b. R. #13 – SIEMENS BUILDING TECHNOLOGIES PERFORMANCE CONTRACT

Add leasing firm as a source of funding on the amended Performance Contract with Siemens Building Technologies for the inclusion of Phase II for an amount not to exceed $7,000,000 approved by the Board at the May 2005 meeting, R. #239. (Student Union Revenue Bonds, State-wide Higher Education Bond Issue of 2005, State Regents Master Lease Program, Special Agency Funds, and Leasing Firm).

c. R. #14 - CAMPUS MASTER PLAN UPDATE

Ratification of emergency Board approval received from Chairman Steve Poag on June 16, 2005, for the updated Fiscal Year 2007-2011 Campus Master Plan with the addition of Projects Nos. 6600007, 6600010, 6600011, and 6600012 pertaining to the McCurtain County Branch Campus.

6. University of Central Oklahoma

a. R. #15 - MAX CHAMBERS LIBRARY RENOVATION

PROJECT #1200047

Increase funding $65,000 for the Library Third Floor renovation project. The revised Project Budget is $185,000. The Board approved $120,000 April 15, 2005. (R#201) (E&G, Section 13 and offset, Library Facility Fee)

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

C. BUILDING COMMITTEE REPORT

6. University of Central Oklahoma

b. R. #16 - CAMPUS MASTER PLAN-DESIGN SERVICES

PROJECT #1200057

Increase Fee authorization $100,000 to include Campus Master Plan Phase II work. The Project Budget remains $500,000. The Board authorized $150,000 to fund the initial Phase I Fees January 21, 2005 (R#126), however the University now desires to fund both Phase I and Phase II at this time. The combined Fee will be $250,000. (Section 13, Section 13 offset, E&G Funds)

c. R. #17 - UNIVERSITY CENTER MISCELLANEOUS RENOVATIONS AND IMPROVEMENTS

PROJECT #1201010

Increase funding $10,000 for the University Center Underground Drainage Improvements. The revised Project Budget is $60,000. The Board approved $50,000 September 14-15, 2004. (R#55) (Auxiliary Funds)

d. R. #18 - HOWELL HALL SCIENCE LABORATORIES

PROJECT #1200010

Award Contract to JCI, Inc. for Howell Hall Forensic Labs 215, 216, 350 and 350A based upon current Federal General Services Administration Contract pricing. Project Budget is $177,000. Board accepted the grant funding September 15, 2004. (Federal Grant)

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

Voting against the motion: None

Regent Mickey Thompson joined the meeting by telephone.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

D. RUSO SYSTEM PUBLIC RELATIONS AD HOC COMMITTEE – Chair Mickey Thompson (Attachment D, Pages 53-54)

1. Regent Thompson expressed his appreciation to the Regents who attended the reception held on May 26, 2005 for the Board, Oklahoma State Regents for Higher Education, and the university presidents. He stated that the group had good casual discussion on various subjects which made for a very enjoyable evening.

2. Dr. Neal Weaver, Vice President for University Relations, Northeastern State University, stated that a Power Point presentation, similar to the brochure, is now available either by e-mail or CD. He encouraged everyone to use the Power Point presentation to get the RUSO System message out to organizations, legislators, and the public.

3. Dr. Weaver reported that the consensus of the committee is that changing the name of the Regional University System of Oklahoma would more clearly define that the Board governs universities, not colleges. He stated that a name change would not only give the public and legislature a better understanding of the role of the Board but what institutions report to the Board. He provided a legal opinion prepared by Charlie Babb, General Counsel which states that the Oklahoma Legislature, through a joint resolution, can change the name of the Board and does not require a vote of the people. The committee will continue to discuss the name change initiative.

Regent Thompson suggested that the Board consider having editorial board meetings with the Daily Oklahoman, Tulsa World, and local newspapers to present the RUSO System message.

The order of the agenda changed to Item V-G.

G. ECU PRESIDENTIAL SEARCH COMMITTEE - Chair Mickey Thompson

(Attachment E, Pages 55-56)

Regent Thompson reported on the following items:

1. The ECU Presidential Search Advisory Committee had an organizational meeting on July 20, 2005. Regent Thompson expressed that he is excited and proud of the committee. He stated that the important themes discussed by the committee were:

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

G. ECU PRESIDENTIAL SEARCH COMMITTEE

1. 1) openness of the process; 2) inclusion of people who want to be heard through stakeholders’ meetings; and 3) absolute confidentiality of candidates’ names.

2. ECU presidential search timeline

Regent Thompson emphasized the importance of giving the ECU Presidential Search Advisory Committee and the Board as specific a timeline as possible and requested that the Board consider the following items regarding the timeline:

· Board approval of the statement of leadership by the October 2005 Board meeting.

· The Personnel Committee to provide parameters for the financial package by the October 2005 Board meeting, prior to the placement of the advertisement.

· Place the advertisement in late October 2005 to run through November with an application deadline of December 31, 2005.

· Consider special Board meeting dates: 1) last week of February 2006 or first week of March 2006 to select finalists; and 2) special Board meeting the last week of March 2006 or first week of April 2006 to interview finalists and select a president for ECU in order to make the announcement the first of April 2006.

The Board will continue to consider dates regarding the timeline.

3. Charge to the ECU Presidential Search Advisory Committee

Regent Thompson presented the following concepts of the Draft Charge to the Board noting that they differ from previous presidential searches:

· Conduct stakeholders’ meetings in Ada and Oklahoma City to gather input from interested persons regarding the statement of leadership criteria, i.e. qualities the next president of ECU should possess.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

G. ECU PRESIDENTIAL SEARCH COMMITTEE

3. Charge to the ECU Presidential Search Advisory Committee

· Members of the Search Committee would recruit candidates and emphasize throughout the search that committee members or the committee do not support any one particular candidate.

· Finalist candidates would be required to visit the campus.

R. # 19 – CHARGE TO THE ECU PRESIDENTIAL SEARCH ADVISORY COMMITTEE

Regent Ryerson made the motion, seconded by Regent Stansberry to approve the Charge to the ECU Presidential Search Advisory Committee.

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

Voting against the motion: None

4. Contractual agreement for the incoming ECU president

No action was taken.

5. Background checks for the ECU presidential search finalists

No action was taken.

Regent Thompson concluded his telephone call.

The order of the agenda resumed.

E. PERSONNEL COMMITTEE REPORT – Chair Belva Howard

(Attachment F, Pages 57-58)

Regent Howard reported on the following items:

1. The Personnel Committee will be meet on August 11 or 12, 2005 to consider the following areas regarding presidential compensation:

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

E. PERSONNEL COMMITTEE REPORT

· Continue to research the fair market value of presidents’ compensation packages at similar institutions;

· Whether to recommend an assessment process for presidents instead of an evaluation process or a blend of both; and

· Develop benchmarking criteria.

2. President Cole’s evaluation is scheduled for the October meeting. The Committee will draft questions in the nature of a transitional interview for President Cole to respond to. Those questions will include general questions about his perceptions of ECU’s strengths and weaknesses, his views on ECU’s grantsmanship, a list of ECU’s important works in progress, President Cole’s goals for ECU, and a discussion of ECU’s strategic plan.

3. R. # 20 – ADMINISTRATIVE ASSISTANT

Regent Howard made the motion, seconded by Regent Poag, to approve the request to hire Janis Steincamp as the administrative assistant for the administrative office at a salary of $24,000.00 per year, to serve at the will of the Board.

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

Voting against the motion: None

Janis Steincamp will replace Trisha Gerrity.

F. AUDIT & FINANCE COMMITTEE REPORT – Chair Joe Anna Hibler

(Attachment G, Pages 59-65)

1. R. #21 - INTERNAL AUDIT CONSULTANT

Regent Hibler made the motion, seconded by Regent Stansberry, to hire an internal audit consultant by using the Institute for Effective Governance (IEG) consulting services.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

F. AUDIT & FINANCE COMMITTEE REPORT

1. R. #21

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

Voting against the motion: None

Regent Hibler stated that membership in IEG will include this consultation at no additional cost as part of the membership fee and that hiring an internal audit consultant is in response to the Quality Assurance Review recommendation to increase the amount of internal auditing services and to expand audit coverage.

2. R. #22 – THREE MONTH AUDIT PLAN

BOARD OF REGENTS

OF

REGULAR BOARD MEETING

July 29, 2005