MINUTES OF THE QUARTERLY MEETING OF THE BOARD OF REGENTS

Murray State University
June 18, 1999

The Board of Regents of Murray State University met on June 18, 1999, in quarterly session in the Board of Regents Room, Wells Hall, on the campus of Murray State University. The meeting was called to order at 1:45 p.m. by Chair Sid Easley. Regent Wells Lovett gave the invocation.


Upon roll call, the following members were present: Marilyn Buchanon, Thomas A. Burich, Olivia Burr, Lori Dial, Todd Earwood, Sid Easley, Beverly Ford, Philip Lanier, Wells Lovett, Elizabeth McCoy, and James Rudolph. Absent: none.


Others present were: Dr. Kern Alexander, President of the University; Sandra M. Rogers, Secretary to the Board; Tom Denton, Treasurer of the Board; Gary Brockway, Interim Provost and Vice President for Academic Affairs; John Rail, University Counsel; Dewey Yeatts, Associate Vice President for Facilities Management; Joyce Gordon, Associate Vice President for Human Resources; members of the faculty, staff, students, news media and visitors.


Agenda

The following agenda for the meeting was presented:

(insert agenda)

Minutes of the Quarterly Board of Regents Meeting held on February 12, 1999. and the Special Meeting held on April 16. 1999. approved

Mrs. Burr moved that the Minutes of the quarterly meeting of the Board of Regents held on February 12, 1999, and the special meeting held on April 16, 1999, be approved as presented. Mr. Earwood seconded and the motion carried.

Report of the President

President Alexander informed the Board that the main issue for discussion at this meeting is the Budget. The budget is dependent upon growth of the University and continuing funding at the state level that would be at a relatively high level. The University is entering a new era with the state and will be delegated responsibility to set our own tuition and fees in the future. Between now and the September meeting we are going to need to do a lot of work to determine what is the proper balance for our tuition and our fees against our scholarships and what should be the balance for in-state tuition versus out-of-state tuition. This is a new experience for Murray State. While we are secure for this coming year, we are going to have to make some heavy decisions later this summer and September and November with regard to next year's budget and continuing under this new regime of delegation that we are going to certainly receive from the state.

In the past, institutions have not had the prerogative to set their own tuitions. In the future, we will be able to set in-state and out-of-state tuitions and we will be able to set a different tuition from Morehead, Eastern or Western or UK, so we need to carefully calibrate what that does to our fiscal future. What is the elasticity of demand for students in Illinois and Tennessee for out-of-state tuition, our incentive grant districts We have gone to core city areas and urban areas with incentive grants throughout the country in the past to bring in good students. All of that plays into this important decision that we are going to have to make with regard to tuition and fees. Keeping in mind that we are an access institution and as a public university we want to keep our tuitions and fees as low as possible so that students will have access to this University.

Report of the Chair

Chair Easley congratulated Regent Wells Lovett on receiving an award at the State Bar meeting for having practiced law for 50 years.

He expressed appreciation to all individuals who helped to establish the MSU Hopkinsville Center. A number of people were involved in the project.

Mr. Easley also expressed appreciation to all individuals who have worked so hard with regard to the Hester Fire, including Mike Ward of the Commonwealth Attorney's Office.

Report of the Treasurer

Treasurer Tom Denton presented and reviewed the financial and investment reports for the period of July 1, 1998, through March 31, 1999. Following a brief discussion, Mrs. McCoy moved, seconded by Mrs. Buchanon, that the Treasurer's Report be accepted. Motion carried.

(See Attachments #1 and #2)

Report of the Dean of Admissions and Registrar

Mr. Earwood moved, seconded by Mrs. Dial, that the Board of Regents ratify the awarding of the degrees to individuals on May 8, 1999, as recommended by the Dean of Admissions and Registrar. Motion carried.

(See Attachment #3)

Gift Acceptance

Mrs. Buchanon moved that the Board of Regents, upon the recommendation of the President of the University, accept the donation of an HP Viridia Component Monitoring System valued at $54,202, which was donated by the Hewlett-Packard Company of Palo Alto, California, to be used by the Department of Nursing. Mrs. Ford seconded and the motion carried.

Personnel Changes, approved

Staff Leaves of Absence Without Pay, approved

Mrs. Buchanon moved that the Board of Regents, upon the recommendation of the President of the University, approve the Staff Leaves of Absence Without Pay as listed below:

Arnold, John Facilities Management 5/7/99-7/9/99
Benson, Brenda Industry and Technology 6/22/99-7/30/99
Elkins, Tammy Food Services 1/9/99-5/3/99
Futrell, William Facilities Management 5/14/99-6/18/99
Gills, Betty Food Services 2/27/99-5/3/99
Higgins, Melissa University Libraries 3/13/99-6/30/99
McKinney, Angela Residence Halls 4/2/99-5/24/99
Miller, Dorothy Food Services 3/2/99-5/31/99
Morgan, Judith Facilities Management 4/30/99-6/28/99
Reed, Billie Facilities Management 12/24/98-6/30/99
Simmons, Candace Department of English 2/17/99-3/22/99
Yarbrough, Susan Admissions and Registrar 3/16/99-4/19/99

Mrs. Dial seconded and the motion carried.

Extension of Leave Without Pay, approved

Dr. Rudolph moved that the Board of Regents, upon the recommendation of the President of the University, approve the Extension of Leave without Pay for Eileen McElrath, Reference Librarian/Lecturer, University Libraries, effective July 1 - August 15, 1999. Mrs. Burr seconded and the motion carried.

Military Leave of Absence Without Pay, approved

Mrs. McCoy moved that the Board of Regents, upon the recommendation of the President of the University, approve the Military leave of Absence Without Pay for Chekita Hall, Assistant Professor, Department of English, effective August 1, 1999 - May 31, 2000. Mrs. Burr seconded and the motion carried.

Withdrawal of Leave of Absence Without Pay, approved

Mrs. Buchanon moved that the Board of Regents, upon the recommendation of the President of the University, approve the Withdrawal of the Leave Without Pay approved by the Board of Regents at the February 1999 meeting for Barry Brown, Department of Economics and Finance. Dr. Rudolph seconded and the motion carried.

Sabbatical Leave, approved

Dr. Rudolph moved that the Board of Regents, upon therecommendation of the President of the University, approve theSabbatical Leave for Tom Auer, Professor and Dean, College of Industryand Technology, effective July 1 - December 31, 1999, with full salary.Mrs. McCoy seconded and the motion carried.

Postponement of Sabbatical Leave, approved

Mrs. Buchanon moved that the Board of Regents, upon therecommendation of the President of the University, approve thePostponement of the Sabbatical Leave that was approved by the Board ofRegents at the February 1999 meeting for Margaret Brown, ForeignLanguages, to a later date. Mrs. Ford seconded and the motion carried.

Early Retirement Contract, approved

Mr. Earwood moved that the Board of Regents, upon therecommendation of the President of the University, approve theapplication for Early Retirement for Louis Beyer, Professor, Departmentof Physics and Engineering Physics, effective with the 1999-2000contract. Dr. Rudolph seconded and the motion carried.

Interim Chair, Department of Educational Leadership and Counseling,appointed

Mrs. Burr moved that the Board of Regents, upon the recommendationof the President of the University, approve the appointment ofDr. Thomas Holcomb, Professor of Guidance and Counseling, as InterimChair of the Department of Educational Leadership and Counseling,effective July 1, 1999, at a fiscal year salary of $65,974.

Mrs. Buchanon seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Chair, Department of Special Education, appointed

Mrs. Buchanon moved that the Board of Regents, upon therecommendation of the President of the University, approve theappointment of Dr. Jo-Ann Mammons as Chair of the Department of SpecialEducation, effective July 1, 1999, at a fiscal year salary of $57,136.

Dr. Rudolph seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Assistant Dean. College of Education, appointed

Mrs. Buchanon moved that the Board of Regents, upon therecommendation of the President of the University, approve theappointment of Dr. Elizabeth Blodgett as Assistant Dean of the Collegeof Education, effective July 1, 1999, at a fiscal year salary of $74,588.
Mrs. Ford seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Acting Dean. College of Industry and Technology, appointed

Mr. Earwood moved that the Board of Regents, upon therecommendation of the President of the University, approve theappointment of Dr. Paul McNeary as Acting Dean of the College ofIndustry and Technology, for the period July 1 - December 31, 1999, foran additional stipend of $7,500.

Mrs. Ford seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Professor with Joint Appointment in the Colleges of Business and Public Affairs and Industry and Technology, appointed

Mrs. McCoy moved that the Board of Regents, upon the recommendationof the President of the University, approve the appointment ofDr. Walter Bolter as Professor with a joint appointment in the Collegesof Business and Public Affairs and Industry and Technology. As anintegral part of his professorship he will serve as Director of theCenter for Telecommunications Systems Management, effective March 29,1999, at a 1998-99 fiscal year salary of $110,000.
Mrs. Dial seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Promotions, approved

Mr. Earwood moved that the Board of Regents, upon therecommendation of the President of the University, approve the followingfaculty for promotion to the respective rank, effective with the1999-2000 contracts:

Holly Rudolph Accounting Associate Professor
Nkomobo "Gerry" Muuka Management & Marketing Associate Professor
Squire Babcock English Associate Professor
Renae Duncan Psychology Associate Professor
Dan Brown Industrial & Eng. Tech. Associate Professor
Michael Prophet Mathematics & Statistics Associate Professor
John Crofton Physics & Eng. Physics Associate Professor
Floyd Carpenter Accounting Professor
R. B. Barton, Jr. Management & Marketing Professor
James Willis Elem. & Secondary Ed. Professor
Robert Lochte Journalism & Mass Comm. Professor
Stephen Cobb Physics & Eng. Physics Professor

Mrs. Burr seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Tenure, awarded

Dr. Rudolph moved that the Board of Regents, upon therecommendation of the President of the University, award tenure to thefollowing faculty effective with the 1999-2000 contracts:

Jean Scafella, Professor, Journalism & Mass Communications
Squire Babcock, Assistant Professor, English
Duane Bolin, Associate Professor, History
Renae Duncan, Assistant Professor, Psychology
Fulgentius Lugemwa, Assistant Professor, Chemistry
Michael Prophet, Assistant Professor, Mathematics & Statistics
John Crofton, Assistant Professor, Physics & Engineering Physics

Mrs. Buchanon seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, no; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Chair Easley introduced Roger Reichmuth, Interim Director of Development, who gave a brief report on the Capital Campaign. He expressed appreciation for the support of the President and the Board of Regents.

Committee Reports

  1. Academic Affairs - Mr. Lovett.
    A report on the status of Post Tenure Review and a progress report on reorganization was provided by Provost Gary Brockway at the Academic Affairs Committee.
    Regents Awards for Teaching Excellence, approved
    Mr. Lovett moved, seconded by Mrs. Ford, that the Regents Awards for Teaching Excellence approve the presentation of the awards to Bonnie L. McNeely, College of Business and Public Affairs; Yvonne D. Stephens, College of Education; John A. Steffa, College of Fine Arts and Communication; Ogden (Ted) Brown, College of Humanistic Studies; Dan C.Brown, College of Industry and Technology; and Elizabeth C. Powell,College of Science.
    Following brief discussion, the vote was called for and the motion carried.
    Departmental Name Change, approved
    On behalf of the Academic Affairs Committee, Mr. Lovett moved,seconded by Mr. Lanier, that the Board of Regents, upon therecommendation of the President of the University, approve changing thename of the Department of Graphics Arts Technology to the Department ofGraphic Communications Technology, effective July 1, 1999. Motioncarried.
    Program Changes
    On behalf of the Academic Affairs Committee, Mr. Lovett moved,seconded by Mrs. Ford, that the Board of Regents, upon therecommendation of the President of the University, approve deleting thefollowing programs: Minor in Retail Merchandising, Major in SpeechCommunication, and Area in Family and Child Studies. Motion carried.
    On behalf of the Academic Affairs Committee, Mr. Lovett moved,seconded by Mrs. Ford, that the Board of Regents, upon therecommendation of the President of the University, approve the followingnew programs: Area in English Education/Secondary Certification andCertificate in Public Child Welfare. Motion carried.
    On behalf of the Academic Affairs Committee, Mr. Lovett moved that the Board of Regents, upon the recommendation of the President of the University, approve the following changes in the program inventory,effective with the 1999-2001 Undergraduate Bulletin:
    • Change the Fisheries/Aquatic Biology Area to an option under the Major in Biology
    • Change the Area in Manufacturing Engineering Technology to an areain Electromechanical Engineering Technology
    • Consolidate the Area in Interior Design into an option under theArea in Industrial Tech and Design
    • Consolidate the Engineering Technology programs in CivilEngineering Tech & Construction Tech, Environmental EngineeringTech and Electrical Engineering Tech with Computer Systems andPower/Com Options into an Area in Engineering Tech with options inArchitectural Engineering Tech, Civil Engineering Tech,Construction Engineering Tech and Environmental Engineering Tech
    Mr. Earwood seconded and the motion carried.
  2. Athletic - Mrs. Ford. No report.
  3. Buildings and Grounds - Mr. Burich. The Buildings and GroundsCommittee met with the Finance/Audit Committee.
  4. Development/Investments - Mr Lovett. No report.
  5. Equal Opportunity/Affirmative Action - Mrs, Burr. No Report.
  6. Faculty/Staff Affairs - Mr. Lanier.

Mr. Lanier submitted a written report on behalf of theFaculty/Staff Affairs Committee for inclusion in the Minutes of themeeting. (See Attachment #4) The Committee heard from Dr. William Call,accompanied by Dr. Frank Elwell and Dr. Ann Landini. The Committeeconcluded that the Faculty Handbook lacks a desirable degree of clarity,that there is some ambiguity in the manner in which it is put together,and thinks that attention should be given to this. Illustrations weregiven of the ambiguities and lack of clarity. We recommend that theBoard act to remedy this situation. Mrs. Dial, the Staff Regent,expressed a desire from Staff Congress that there be a Staff Handbook.The Committee approved that suggestion. Submitted with this report is adraft of a resolution. Mr. Lanier read the last paragraph of the report as follows:

The letter from the Faculty Senate also asked that if the Boardconcludes that the Faculty Handbook is official policy of theUniversity, it direct President Alexander to abide by the officialpolicy of the Board of Regents. The proposed resolution, if adopted bythe Board, should remove concerns in that respect. However, theCommittee wishes to state to the Board that it has absolutely no doubtthat the President has heretofore abided by official policies of theBoard of Regents and that he will continue to do so.

On behalf of the Faculty/Staff Affairs Committee, Mr. Lanierpresented the following resolution.

The Board received and considered a report from the Faculty/StaffAffairs Committee of action taken by it in response to a request fromthe Faculty Senate that the Board of Regents state whether the FacultyHandbook is official policy. Upon motion of Mr. Lanier, duly seconded,and following discussion, it was

RESOLVED, that--

  1. The Board of Regents states that the provisions of the FacultyHandbook adopted by it represent University policies and procedures.
  2. The Faculty Senate is invited to proceed, in accordance withthe provisions of Section 1.8 of the Faculty Handbook, with areview of the Handbook for the purpose of making a clear separationwithin the Handbook of "policies" and "procedures" and material ofother kinds presently in the Handbook, and of stating the significance, distinctions and implications of the separation intothose categories, all with a view to increased clarity of thosepresent statements in the Handbook.
  3. At the request of the Staff Regent, the Staff Congress isinvited to consider the question of there being created a Staffhandbook, of nature similar to that of the Faculty Handbook and, ifit concludes that such a handbook should be created, to proceed, incompany with the Office of Human Resources, to prepare such aHandbook and to submit it to the Vice President for AdministrativeAffairs who, following his examination, will submit it to thePresident, with his recommendations, for the President'sconsideration and determination concerning submission of theHandbook to the Board of Regents for action.

Mr. Lovett seconded and discussion followed.

Mr. Easley suggested that the word represent in No. 1 be changed to contains. Mr. Lanier and Committee agreed to the change.

President Alexander requested that the Student Handbook be included in the resolution with the same wording for Student Government

Mr. Lanier and committee agreed to the change and requested thatNo. 4 be written and added to the Resolution.

Mr. Lanier moved for question and the motion read as follows withthe amendments included.

RESOLVED, that--
  1. The Board of Regents states that the provisions of the FacultyHandbook adopted by it contains University policies and procedures.
  2. The Faculty Senate is invited to proceed, in accordance withthe provisions of Section 1.8 of the Faculty Handbook, with a review of the Handbook for the purpose of making a clear separation within the Handbook of "policies" and "procedures" and material ofother kinds presently in the Handbook, and of stating the significance, distinctions and implications of the separation into those categories, all with a view to increased clarity of thosepresent statements in the Handbook.
  3. At the request of the Staff Regent, the Staff Congress isinvited to consider the question of there being created a Staff Handbook, of nature similar to that of the Faculty Handbook and, ifit concludes that such a Handbook should be created, to proceed, incompany with the Office of Human resources, to prepare such a handbook and to submit it to the Vice President for AdministrativeAffairs who, following his examination, will submit it to thePresident, with his recommendations, for the President's consideration and determination concerning submission of the Handbook to the Board of Regents for action.
  4. President Alexander requested that the Student Handbook beincluded in the Resolution with the same wording for Student Government.

Upon call for the motion as amended, the motion carried.

Regent Lanier requested to read a paper representing his personal comments and that the paper be placed with the minutes of the Board of Regents on June 18, 1999.

(See Attachment #5)

Student Faculty Evaluations

Mr. Earwood moved that the student faculty evaluations, using thepresent norm referenced evaluation instrument, continue to be madeutilizing the current student evaluation process for each class taughtat the University and that those evaluations be made available to allstudents annually.

Mr. Lovett seconded and discussion followed.

Mr. Earwood stated that he wanted to affirm that only the normreferenced portion of the instrument will be made available to allstudents. The motion does not contemplate that anonymous handwrittencomments will be made available.

Mr. Lanier moved to table the motion until a date not earlier thanthe next regular meeting of the Board of Regents.

Mr. Burich seconded and discussion followed.

Chair Easley clarified that Todd's motion is nothing new, all he is saying is that the university will continue to do what we are doing and regarding the question about whether it is policy, it becomes policy with the motion.

Mr. Earwood confirmed that the intention of his motion was tocontinue with the current procedure and, since the meeting is his lastmeeting before going off the Board, he wanted the policy to be in placebefore he left the Board. He further pointed out that any outsidesource as a nonmember of the University could submit an open recordsrequest and publish it privately and sell it.

Recess

The Board recessed at 3:15 p.m. and reconvened at 3:35 p.m.Discussion continued regarding student faculty evaluations.
Question was called for on the motion to table the motion regardingstudent faculty evaluations indicating that yes means the motion istabled and no means the original motion will stand as presented.

The roll was called with the following voting: Mrs. Buchanon, no;Mr. Burich, I want the faculty and my fellow Faculty Regent to know thatbecause of the jeopardy of doing a fair evaluation for faculty, I mustsay no; Mrs. Burr, no; Mrs. Dial, no; Mr. Earwood, no; Mrs. Ford, no;Mr. Lanier, yes; Mr. Lovett, no; Mrs. McCoy, no; Dr. Rudolph, yes; andMr. Easley, no. Motion to table failed.

Mr. Earwood was asked to restate his motion for the purpose of clarity and voting. He restated as follows:

Mr. Earwood moved that the student faculty evaluations, using thepresent norm referenced evaluation instrument, continue to be madeutilizing the current student evaluation process for each class taughtat the University and that those evaluations be made available to allstudents annually.

The roll was called for the original motion on student facultyevaluations with the following voting: Mrs. Buchanon, yes; Mr. Burich,yes; Mrs. Burr, yes; Mrs. Dial, yes; Mr. Earwood, yes; Mrs. Ford, yes;Mr. Lanier, no, may I explain my vote, not only do I object to signingof the motion as proposed and the action that has been taken, but I amlooking straight at the Handbook which I believe a prior Board ofRegents adopted and I am satisfied that this procedure violates theprocedure that we established and set forth in section 1.8 of theHandbook and I don't think we need to do it like that; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, no, I would also like to say that I'm notvoting against evaluations, but I am voting against the presentprocedure that has been done in accordance with the Handbook; andMr. Easley, yes. Motion carried.

G. Finance/Audit - Mr. Easley.

Authorization to Dispose Surplus Bunk House

Mrs. McCoy moved that the Board of Regents, upon the recommendationof the President of the University, approve the attached Resolution andOrder to dispose of the structure known as the Mobile Home (Building#808) located at the Wickliffe Mounds Research Center. Mrs. Fordseconded and the motion carried.

(See Attachment #6)

Development and Alumni Center

Mrs. McCoy moved that the Board of Regents, upon the recommendationof the President of the University, approve the capital constructionproject for the renovation of the Development and Alumni Affairs Center(former Church of Christ Building) with a scope of $750,000 usingprivate donations as the source of funding for this project.

Mrs. Buchanon seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, pass, I haven'treviewed the matter; Mr. Lovett, yes; Mrs. McCoy, yes; Dr. Rudolph, yes;and Mr. Easley, yes. Motion carried.

Preliminary Six-year Capital Plan

Mr. Easley moved that the Board of Regents, upon the recommendationof the President of the University, approve the preliminary 1998-2004 Six-Year Capital Plan which includes the Capital Budget Requests for the 2000-2002 State Biennial Budget.

Mrs. Dial seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

(See Attachment #7)

Naming of Facilities Policy, revised

Mr. Easley moved that the Board of Regents, upon the recommendation of the President of the University, approve the revision in the policy on Naming of Campus Facilities, Programs and Activities.

Mr. Burich seconded and the motion carried.

(See Attachment #8)

Ratification of Action of the Series N Bond Special Committee

Mr. Lovett moved that the Board of Regents ratify, confirm, andapprove the action of the special committee on the $6,370,000 MurrayState University Housing and Dining System Revenue Bonds, Series N,dated April 1, 1999 (Official Statement Attached), and approve theattached Sale Resolution.

Mrs. Ford seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, I want to explain my vote as well, I vote yes,however, because I have been accused by members of the University thisyear on voting for student fees, I want to clarify that I, by no means,want to raise student fees, however, because the University is doing it,I will support the bond; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett,yes; Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

(See Attachment #9)

Resolution of Official Intent

Mrs. McCoy moved that the Board of Regents, upon the recommendationof the President of the University, adopt the attached Resolution of Official Intent to finance the acquisition, construction, installation,renovation and equipping of building projects including the Carr HealthBuilding, the Business Building, and the College of Education Buildingfrom proceeds of a proposed issue of revenue bonds.

(See Attachment #10)

Exception to Salary Distribution Policy

Mr. Easley stated that the next recommendation was that the Boardof Regents, upon the recommendation of the President of the University,authorize an exception to the Salary Policy for the 1999-2000 budget.

Chair Easley asked for a motion.

Mr. Lovett moved to eliminate in any Handbook or any other officialpublication of the University any reference to percentages of allocatingsalaries, specifically, that we eliminate the current reference, whichhe understands to be in a Handbook, that 75 percent of the money go across the board and that 25 percent of the money be allocated to meritconsiderations. That and any other reference which is contrary to thatshould be eliminated.

Mrs. Buchanon seconded and discussion followed.

Upon call for the vote on the motion, the motion carried.

1999-2000 Budget

The floor was opened for discussion on the 1999-2000 Budget.

Mr. Burich stated that he was going to recommend a salary increasefor the President of the University, effective immediately. He statedthe reasons as follows. This Board must take a stance and put a supportmechanism behind the President so that he can continue to go out thereand fight those battles to let the community, the Legislature, theGovernor, and the people out in the state know that he has got 100percent support from everybody in this community. There can be nothingmore important than when this man goes to the Legislature and fights ourbattles. He further pointed out that we cannot have a President doingso well being paid the least of all the universities in the state. Wemust show some credibility to the rest of this state.

The second reason Mr. Burich stated that it is absolutely vitalthat the Board take action today is because it is deserved. Progressmade at Murray State University in the last five years isunprecedented--things that are going on, the problems we have had, Iknow we've had our issues with family, we will continue to have them,but I think that a reward and an achievement such as has beenaccomplished in the last five years should be rewarded.

The third reason Mr. Burich stated was that the Board needed to seta precedent at this university; we need to let the community know we arenot going to keep this man forever or his family who I think are a hugevital clog of this community, the credibility that whole family bringsto us all is phenomenal, but I do believe that we want to make sure whenthat sad day comes that the next president is going to be at thatstandard, that we are going to set a new standard for hiring a leader.

The fourth reason given was that it is imperative that alluniversities such as Murray State set a standard of comfort that we aregoing to do what it takes to put the presidency at a level where it must perform. A pressure point for any leader is one where he is being paid equitably for his performance. A non-pressure point for any leader isone that is being underpaid and has no reason to have to outperformanybody. But I would like to see a man of this caliber or anybody in a position of this caliber to be equitable so that that pressure pointcontinues to satisfy the needs of our faculty, of our employees, andbetter this University. We need to pyramid this so that pressure point continues to grow.

Mr. Burich moved that the 1999-2000 budget be amended to read thatPresident Kern Alexander's salary rise to $160,000. Mrs. Buchanon seconded and discussion followed.

Upon call for the vote, the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,pass; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, I'm the only one whoknows how difficult it is to vote this way, no; Mr. Lovett, yes; Mrs.McCoy, yes; Dr. Rudolph, it's very difficult for me too, but no; and Mr.Easley, yes. Motion carried.

Mr. Lanier prepared the following statement after the meeting andasked the chairman to include in the minutes:

"It is apparent that Dr. Alexander's salary is at the low end ofthe salary range of the presidents of the public universities in the state, and I believe that by that measure and by the standard ofperformance -- which, in my opinion, is of high order in the case of Dr.Alexander --Murray State is not properly compensating Dr. Alexander.Nonetheless, at a time of only minimal percentage increases in salariesof staff and faculty, most of whom, I believe, are similarly undercompensated, I believe that a proposal of this nature should bepreceded by a careful and detailed study and assembly of factsjustifying the proposal. The case is there to be made, in my opinion,but it has not been made today. I would hope that at the nextevaluation process the available facts would be assembled and presentedto the Board for action. For the reasons, stated, I must vote no."

Mr. Easley moved that the Board of Regents, upon the recommendationof the President of the University, approve the 1999-2000 budget as amended.

Mrs. McCoy seconded and the roll was called with the following voting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, no; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, no; and Mr. Easley, yes. Motion carried.

(See Attachment #11)

Institutional Control of MSU Racer Foundation /p>

On behalf of the Finance/Audit Committee, Mr. Easley moved that theBoard of Regents, upon the recommendation of the President of theUniversity, approve the following guidelines as a point of departure forthe University's further development of its relationship with the non-affiliated, private non-profit, Racer Foundation in order to provideadditional institutional control as required by the National CollegiateAthletic Association (NCAA).

  1. 1. An annual budget of expenditures to be funded by the RacerFoundation must be prepared by the Director of Athletics andapproved by the President of the University prior to any funds fromthe Racer Foundation being expended, requested, or obligated by oron behalf of the University. To the extent practicable, the budgetshall delineate all specific expenditures known or expected as ofthe time the budget is so approved. The budget as planned andapproved for the benefit of the University shall reflect spendingpriorities of the University only. Except as otherwise provided,any expenditure of funding from the Racer Foundation must be inaccordance with the approved budget.
  2. 2. Any emergency or unexpected expenditure of funds, not included inthe budget, by the Racer Foundation for the benefit of theUniversity must be approved in advance by the President or hisdesignee, the Vice President for Administrative Services. Anyexpenditure of this type in an amount less than $500 will requireno prior approval from these officials unless otherwise required byNCAA policy. Upon receipt of any necessary approval, all requestsfor the funding of emergency or unexpected expenditures by theRacer Foundation for the benefit of the University will bepresented to the university Director of Athletics, who is the onlyathletic staff member authorized to forward requests for funding to the Racer Foundation.
  3. 3. Once a budgeted or emergency or unexpected request for funds hasbeen approved by the designated University official and by theRacer Foundation, the appropriate funds will be transferred fromthe Racer Foundation to Murray State University and placed in anappropriate athletics account.
  4. 4. Financial statements, including a balance sheet and statements ofincome and expenditures as well as a detailed transactions list,from the Racer Foundation will be sent monthly to the President andVice President for Administrative Services to keep them apprised ofthe financial condition of, and all income received anddisbursements processed through, the Racer Foundation.
  5. 5. All expenditures by the Racer Foundation for or on behalf of theUniversity shall be subject to an annual financial audit, inaddition to any regular financial audit policies and procedures ofthe University, conducted for the University by a qualified auditorwho is not a staff member of the University and who is selectedeither by the University President or the Vice President forAdministrative Services. (NCAA Policy 6.2.3.1.)
  6. 6. All expenditures, of whatever nature or kind and regardless of origination, must be in conformity with applicable NCAA policy. It is the intent of the Board of Regents to comply with all NCAApolicies relating to institutional control while preserving theRacer Foundation's non-affiliated status.

Mrs. McCoy seconded and the motion carried.

Audit Contract, revised

On behalf of the Finance/Audit Committee, Mr. Easley moved that theBoard of Regents, upon the recommendation of the President of theUniversity, authorize an increase in cost from $49,634 to $54,634 forthe contract with Deloitte & Touche to perform the University'sfinancial and compliance audits for the fiscal year ended June 30, 1999,for the addition of the audit of the Murray State Athletic Foundation.

Mrs. McCoy seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mr. Burich, yes; Mrs. Burr, yes; Mrs. Dial,yes; Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; Dr. Rudolph, yes; and Mr. Easley, yes. Motion carried.

Mrs. Buchanon moved that the Board of Regents convene intoexecutive session to consider property acquisitions. Mrs. Ford secondedand the motion carried.

Executive Session

Executive Session began at 4:25 p.m. and ended at 4:42 p.m.

Regents Burich and Rudolph left the meeting for prior commitments.

Public Session

Motion to convene into public session was made by Mrs. Buchanon,seconded by Mrs. Ford. Motion carried and the Board reconvened at 4:42 p.m.

Acquisition of Property for Relocating Electric Substation

Mrs. Burr moved that the Board of Regents authorize the Presidentto acquire, if he deems it advantageous to do so, real property forrelocating the electric substation plant located on Highway 121.

Mrs. Ford seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mrs. Burr, yes; Mrs. Dial, yes;Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; and Mr. Easley, yes. Motion carried.

Dedication of Public Easement for Street

Mr. Easley stated that the Dedication of Public Easement For Streetand this is the property immediately across from the Regional Special Events Center. It is an 87 square foot section of land at the extremeeastern end of a triangle right across and it simply permits a street togo across it. This is an easement to the City of Murray.

Todd Earwood moved, seconded by Wells Lovett.

The roll was called with the following voting: Mrs. Buchanon, yes;Mrs. Burr, yes; Mrs. Dial, yes; Mr. Earwood, yes; Mrs. Ford, yes;Mr. Lanier, yes; Mr. Lovett, yes; Mrs. McCoy, yes; and Mr. Easley, yes.Motion carried.

(See Attachment #12)

Purchase of Property in Hopkinsville

Mrs. McCoy moved that the Board of Regents authorize the Presidentof the University to purchase up to 100 acres located to the southand/or southwest of Hopkinsville, Kentucky, for the West RegionalPostsecondary Education Center at a purchase price not to exceed theappraised value as determined by a qualified appraiser. The purpose ofthis is to purchase from the MSU Foundation a portion of the propertythat they bought where the Postsecondary Education Center will go andsimply to use a portion of the money that we are receiving from thestate to do that.

Mrs. Buchanon seconded the roll was called with the followingvoting: Mrs. Buchanon, yes; Mrs. Burr, yes; Mrs. Dial, yes;Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; and Mr. Easley, yes. Motion carried.

Authorization to Sublease Buildings 3 and 4 of the Crisp Center

Mrs. Burr moved that the Board of Regents, upon the recommendationof the President of the University, authorize the University tosublease the buildings designated as Buildings 3 and 4 of the CrispCenter in Paducah through a Request for Proposal process.

Mrs. Ford seconded and the roll was called with the followingvoting: Mrs. Buchanon, yes; Mrs. Burr, yes; Mrs. Dial, yes;Mr. Earwood, yes; Mrs. Ford, yes; Mr. Lanier, yes; Mr. Lovett, yes;Mrs. McCoy, yes; and Mr. Easley, yes. Motion carried.

Resolutions, adopted

  1. 1. Retiring Staff Members

    Mrs. Dial moved, seconded by Mrs. Buchanon, that the followingresolution for retiring staff members be adopted.

    BOARD OF REGENTS
    MURRAY STATE UNIVERSITY
    Resolution

    WHEREAS, the following staff members of Murray State University areretiring or have retired during the 1998-99 academic year:

    Sarah L. Bryan, Athletics, 4 1/2 years
    Adrian B. Cloys, Facilities Management, 31 1/2 years
    John D. Cooper, Facilities Management, 26 1/2 years
    Claudene Darnell, Facilities Management, 10 1/2 years
    Elvis Green, Procurement Services, 13 1/2 years
    Sharon C. Greer, Breathitt Veterinary Center, 21 1/2 years
    Betty L. Kirks, Residence Life/Housing, 11 years
    Barbara A. Lax, Information Systems, 7 1/2 years
    Homer L. Lusk, Facilities Management, 26 years (deceased)
    D. Griselda Morgan, Food Services, 15 1/2 years
    Peggy S. Noel, Residence Life/Housing, 11 years
    James M. Ramsey, Facilities Management, 16 years
    Hafford W. Smith, Food Services, 15 years
    Estella K. Stepto, Family and Consumer Studies, 20 1/2 years
    Bartholmew J. Toth, Public Safety, 16 1/2 years
    Terry D. Tyler, Facilities Management, 25 years
    James Q. Wilson, Public Safety, 18 years
    Mary Ann Wilson, Admissions and Registrar, 22 1/2 years
    Barbara M. Yocum, Food Service, 8 1/2 years (deceased);

    and

    WHEREAS, they have served Murray State University faithfully,loyally, and professionally; and

    WHEREAS, students and faculty of Murray State University are cognizant and appreciative of the vital support and services of these members; and

    WHEREAS, they have performed their responsibilities in a dedicated and professional manner;

    NOW, THEREFORE, BE IT RESOLVED that the University recognizes these individuals and their 321 collective total years of service to MurrayState University; and

    BE IT FURTHER RESOLVED that the Board of Regents expresses its deepand heartfelt appreciation to these staff members for their loyalty anddevotion to the institution and their contributions to the betterment of the University.

    ***

    Upon call for a vote, the motion carried.

  2. 2. Retiring Faculty Members

    Mr. Lanier, seconded by Mrs. Ford, moved that the followingresolution be adopted for the Retiring Faculty Members.

    BOARD OF REGENTS
    MURRAY STATE UNIVERSITY
    Resolution

    WHEREAS, the following faculty members of Murray State Universityare retiring or have retired during the 1998-99 academic year:

    Anita Boss, Nursing, 9 years
    Karen Boyd, Art, 32 years
    Marlene Campbell, Computer Science and Information Systems, 15 years
    Bennie Cooper, Occupational Safety and Health, 20 years
    Sally DuFord, Family and Consumer Studies, 22 years
    Kent Forrester, English, 28 years
    Roy Hatton, History, 33 years
    Ben Humphreys, Elementary and Secondary Education, 37 years
    Cheryl Jackson, Nursing, 10 years
    Ruth Jacquot, Elementary and Secondary Education, 10 years
    Willis Jackson, Elementary and Secondary Education, 22 years
    Fred Shepard, Art, 36 years

    WHEREAS, they have served Murray State University faithfully,loyally, and professionally, and

    WHEREAS, they have served the students of Murray State Universityon a daily basis with warmth, understanding and concern,

    NOW, THEREFORE, BE IT RESOLVED that the University recognizes theseindividuals and their collective total 274 years of service to MurrayState University, and

    BE IT FURTHER RESOLVED that the Board of Regents expresses its deepand heartfelt appreciation to these faculty members for their loyaltyand devotion to the institution and their contributions to the betterment of the University.

    ***

    Upon call for the vote, the motion carried.

    Mr. Lovett moved, seconded by Mrs. Ford, that the followingresolution be adopted.

    BOARD OF REGENTS
    Murray State University
    Resolution of Appreciation

    Todd Earwood

    TODD EARWOOD was elected President of the Student GovernmentAssociation by his fellow students in April 1997. By virtue of theoffice, he served as a member of the Board of Regents from July 1, 1997,to June 30, 1999.

    IN HIS SERVICE AS A REGENT, Todd exhibited maturity and a sense ofresponsibility worthy of a person any of age. While representing theinterests of students with keen insight and vigor, he always did so witha paramount loyalty to his University.

    TODD EARWOOD has been a major asset to Murray State Universitythese past two years and throughout his years as a student. He hasparticipated in two of Murray State University's most successful yearsas an institution and led his fellow students in celebrating the 75th anniversary of the founding of Murray State University.

    TODD EARWOOD is a humble, sensitive and intelligent young man whomaturely assessed his options before making decisions that determinedthe future of his University. Having been blessed with an outstandingparental heritage, he exhibited that stellar character in all hisactions while a member of this Board.

    TODD EARWOOD is a courageous and principled leader. In facing theslings and arrows often encountered by those who lead in times ofchange, he exhibited a grace under pressure rarely found in leaders today.

    NOW, THEREFORE, BE IT RESOLVED on this 18th day of June 1999, thatTodd's fellow Regents and friends on the Board of Regents of MurrayState University join together in publicly thanking Todd Earwood foroutstanding service to his University and do further resolve that thisresolution be permanently preserved in the minutes as a statement ofthis Board's admiration and esteem for his many accomplishments.

    ***

    Upon call for the vote, the motion carried.

    Quarterly Meeting Dates, scheduled

    Following a lengthy discussion, the following dates were scheduled for the 1999-2000 quarterly meetings of the Murray State University Board of Regents:

    Friday, September 17, 1999 (summer meeting)
    Friday, December 10, 1999 (fall meeting)
    Friday, February 11, 2000 (winter meeting)
    Friday, May 26, 2000 (spring meeting)

    Other dates to remember:

    September 26-27, 1999, CPE Trusteeship Conference
    October 16, 1999, Homecoming
    May 3, 2000, Commencement

    Election of Officers

    Chair Easley reviewed the Bylaws regarding the election of officers.

    For the office of Chair, the Secretary alphabetically called theroll for nominations. Mrs. Buchanon nominated Mr. Sid Easley. Allother members passed. The Secretary reported one nomination for Chair:Mr. Sid Easley. Mrs, Ford moved, seconded by Mrs. Buchanon, thatMr. Easley be elected by acclamation. Motion passed. The Vice Chairstated Sid Easley elected Chair for 1999-2000.

    For the office of Vice Chair, the Secretary alphabetically calledthe roll for nominations. Mrs. Buchanon nominated Mrs. Beverly Ford.All other members passed. There being no other nominations, theSecretary reported one nomination for Vice Chair: Mrs. Ford. Mrs.Buchanon moved, seconded by Mr. Lovett, that Mrs. Ford be elected byacclamation. Motion passed. The Chair stated Beverly Ford elected Vice Chair for 1999-2000.

    For the office of Secretary, the Secretary alphabetically called the roll for nominations. Mrs. Buchanon nominated Sandra Rogers. Allother members passed. There being no other nominations, the Secretaryreported one nomination for Secretary: Mrs. Rogers. Mrs. McCoy moved,seconded by Mrs. Ford, that Mrs. Rogers be elected by acclamation. Motion passed. The Chair stated Sandra Rogers elected Secretary for 1999-2000.

    Mr. Easley appointed Mr. Tom Denton as Treasurer of the Board.

    Meeting Adjourned

    There being no further business to come before the Board, Mrs. Ford moved, seconded by Mrs. Buchanon, that the meeting adjourn. The meeting adjourned at 5:15 p.m.

    Oath of Office Administered to Brandon Kirkham

    Following the meeting, the Oath of Office was administered toMr. Brandon Kirkham by Chair Sid Easley. Mr. Kirkham is President ofthe Murray State University Student Government Association whichqualifies him to serve as Student Regent. He will be serving for theterm, July 1, 1999, to July 1, 2000.