WASHBURN UNIVERSITY OF TOPEKA

BOARD OF REGENTS

MINUTES

March 11-12, 2005

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I. Call to Order



Chairperson Roth called the meeting of the Board of Regents to order at 4:02 p.m. in Petro Allied Health Center Room 220.



II. Roll Call



Present were: Mr. Blair, Mrs. Parks, Mr. Engel, Mrs. Paul, Mr. Ferguson, Mr. Roth and Mrs. Warren.

III. Approval of Minutes of January 14-15, 2005 meeting as mailed.



It was moved and seconded to approve the Minutes of the January 14-15, 2005 meeting as mailed. Motion passed unanimously.



IV. Officer Reports



A. Chair's Report



Chairperson Roth noted the next meeting of the Board of Regents in May is on the Friday immediately preceding the graduation ceremonies. He said as the time available for that meeting is relatively short, he asked the Board consider June 17 to cover three primary issues: budget, evaluation of the President, and election of officers for the upcoming year. He said he was afraid the Board would not be able to get to all of those items within the short time period on the May meeting.



He said in advance of that meeting, he'd like to appoint a nominating committee comprised of Regents Ferguson and Parks and a presidential compensation committee of Regents Blair and Warren. He said at the June meeting there would also be an executive session to do an evaluation of the President.



B. Committee Report(s)



1. Audit Committee



a. 2003-2004 Audit Reports - Berberich Trahan & Co., P.A.



The chairperson of the Audit Committee, Regent Paul, reminded the Board the audit prepared by Berberich Trayan & Company P.A. was submitted to the Board at its last meeting with a recommendation that it be approved.



Chairperson Roth opened the floor to members of the Board to make inquiries of the Audit Committee or of Brad Koehn from the auditing firm.



Regent Engel raised a question about the debt service reported on page 40 of the audit report and inquired whether the $13 million figure identified with the years 2010 through 2004 was intended to be reported as an aggregate number. Mr. Koehn reported the requirements of GASBE are that they do five separate years then aggregate the remainder in five year increments. Mr. Engel also inquired for clarification about a report on page 27 concerning a correction of an error in a prior period.



The University's Director of Finance, Chris Leach, indicated the discrepancy arose as the auditors for the WEA re-examined the records and discovered there was double accounting of an income item which was not distributed to the University at the time and was then included also as a pooled asset. Mr. Leach reported there are approximately $33 million in University endowments pooled for management purposes at Washburn Endowment Association, that the values for each of the funds is determined by a unit value. He said the WEA calculates the total values of all investments in the pool then determines the number of units to be allocated to each fund and the fund value for each then is the number of units times the unit value.



Mr. Engel commended Mr. Koehn and his staff for the excellent job on preparation of the audit for fiscal year 2004. He said he found the management explanations excellent and very, very informative. He said he appreciates everyone's efforts on the audit. Motion was made to accept the audits. Motion passed unanimously.



C. President's Report



Dr. Farley reported the women's basketball team was playing in the regional tournament during the Board meeting time and at half-time was leading by seven points. He said both the women's and men's basketball teams had done very well and are at regional playoffs. He said he is hopeful that both teams advance to the elite eight. He said the members of each team are very proud and are having an incredible experience.



President Farley reported the University's forensics team is likewise doing extremely well this year. He said unlike athletic competition, forensics teams are not paired at tournaments by institutional size or by institutional classification, rather teams will compete with other teams from a variety of institutions such as the University of Nebraska, University of Illinois, and the like. He asked Dr. Wasserstein, the University's Vice President for Academic Affairs, to provide additional information.



Dr. Wasserstein reported the novice team participated in the national tournament for novices recently held in Kentucky. He said the previous team of sophomores and juniors last year came in second. This year the team took first, competing with over thirty schools. He said the team also has done very well, placing first, second or third in several other regional tournaments.



Dr. Farley said the art building project is still progressing. He anticipates we are going to be able to occupy the building in May or June. At that point the Art Department will be vacating the Mulvane and the anticipated completion of the Mulvane is in January. He reported the first phase of the Stoffer project is underway with the architect engaged in Phase I. He said he would hope the architect will be able to present the University with dollar figures for the project in the next month or two.



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President Farley said in the near future Dean Dickes and others will be discussing future enrollment plans for Washburn University. He said he anticipates the Board will receive the information at the May meeting.



Dr. Farley said the Audit Committee earlier had reviewed a proposed conflict of interest policy for employees of the institution. He reported the draft was circulated across the campus for input from all. He said the policy originally drafted for the employees was more elaborate and detailed than that of the Board. He said we've been receiving comments and we'll be integrating the input in trying to simply the document. He said he anticipates we'll be holding one or two town hall meetings to discuss the proposal and he anticipates having it to the Audit Committee and Board in May.



D. Treasurer's Report



1. Depository Security Transactions

2. Liquidated Claims Approval - January, 2005

3. Liquidated Claims Approval - February, 2005

4. Quarterly Report for Quarter Ended December 31, 2004



Vice President for Administration and Treasurer, Wanda Hill, reported her report included the three traditional reports plus a quarterly report for the period ending December 31, 2004. She noted the report includes comparisons between the same periods for the FY 2004 and 2005 years and explanatory notes.



Regent Warren indicated she appreciated the comments provided and the changes in the format of the report. She said she has found the new document to be very helpful. It was moved and seconded to accept the Treasurer's report. Motion passed unanimously.



V. New Business



A. Consent Agenda:



It was moved and seconded to approve the Consent Agenda. it was also moved and seconded to amend the motion to include the award of a posthumous degree to Norman Eugene Henderson. Motion to amend was approved unanimously. Upon vote of the motion as amended, the Consent Agenda was approved.



As approved by action of the Board of Regents:



1. Revisions to Classified Compensation Schedule

revisions to the 2005-2006 Classified Compensation Schedule deleting the positions of Baker, Cook I, Cook II, Data Equipment Operator I, and Data Equipment Operator II; and adding the position of User Support Assistant with a salary range $8.69-$13.04;



2. Recommendation for Chair of Criminal Justice

appointment of Gerald Bayens to Chair of Criminal Justice;



3. Eminentes Universitatis

award of Eminentes Universitatis to: Harold Barnhill, Phyllis Ladner and Elizabeth Wunder;



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4. Faculty Personnel

a. Designate Alyce Jessop Assistant Professor Emeritus

designation of Alyce Jessop as Assistant Professor Emeritus;



b. Designate Dr. Susan Miller Associate Professor Emeritus

designation of Dr. Susan Miller as Associate Professor Emeritus;



c. Designate Dr. Loretta Moore Professor Emeritus

designation of Dr. Loretta Moore as Professor Emeritus;



d. Voluntary Phased Retirement: Dr. Mary McCoy

voluntary phase retirement granted to Dr. Mary McCoy, 50% appointment for academic years 2006-07, 2007-08 and 2008-09 effective August 1, 2006;



e. Voluntary Phased Retirement: Dr. Sara Tucker

voluntary phased retirement granted to Dr. Sara Tucker, 50% appointment for academic years 2006-07, 2007-08 and 2008-09 effective August 1, 2006;



f. Voluntary Phased Retirement: Dr. Janice Barton

voluntary phased retirement granted to Dr. Janice Barton, 50% appointment for academic years 2005-06, 2006-07 and 2007-08 effective August 1, 2005;



5. Permission to Grant Posthumous Degree

award of Juris Doctor posthumously to Todd Lowe; and, *award of Associate of Arts in Humanities and Creative Performing Arts degree posthumously to Norman Eugene Henderson.



* Item added at the meeting with the consent of the Board.



B. Action Items:



1. Tenure and Promotion Recommendations



It was moved and seconded to approve the awarding of faculty promotions and tenure. Motion passed unanimously.



In response to a question from Chairperson Roth about the percentage of tenured faculty at the University. Dr. Wasserstein reported the total number of faculty tenured is 54% and that were tenured and tenure-track faculty combined the total would be 66%. Vice President Wasserstein reported at all six of the Kansas Board of Regents institutions the tenure percentage is 75%.



2. Policies



a. Creation of a Washburn University Faculty Senate



President Farley introduced Vice President for Academic Affairs, Ron Wasserstein, who circulated to the Board of Regents a slightly revised draft of the Faculty Senate Constitution as circulated with the agenda item.







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Chairperson Roth noted the revisions to the draft sent with the agenda item were minor, intended primarily as clarification and did not affect the substance. It was moved and seconded to approve the Faculty Senate Constitution as circulated at the Regents meeting. Motion passed.



Chairperson Roth extended his thanks to all the people who worked so hard and diligently on the preparation of the Faculty Senate Constitution, noting it surely is hard to get agreement among all the faculty let alone agreement from the administration.



Vice President for Academic Affairs, Dr. Wasserstein, likewise commended those who worked on the development of the Faculty Senate Constitution, recognizing those in the audience this evening, Russ Jacobs, Tom Prasch and Dan Peterson. Dr. Jacobs said the work leading to the Faculty Senate Constitution presented was a long, long job and appreciated that it was taken seriously.



In response to a question concerning the items raised about the audit at the last Board of Regents meeting, President Farley said he has worked with the Law School Foundation and has met with the Dean and there will be developed a new Memorandum of Understanding by and among the Washburn Endowment Association, Washburn University and the Washburn Law School Foundation and he hoped we would be able to have it back to the Audit Committee by May.



In connection with the athletic receipts item raised at the last meeting of the Board, Vice President for Administration and Treasurer, Wanda Hill, reported there was a memorandum at each Regents place authored by Director of Finance, Chris Leach, to herself which details a meeting held with Athletics Director Loren Ferré about the changes now put in place to correct the issue raised in the audit. Additionally she said it includes some additional items to make the process a little bit tighter.



With respect to the third item to treat KTWU more like an auxiliary, Vice President for Adminsitration and Treasurer Hill reported the management does not feel that is appropriate to do at this time.



b. Amendments to Article V of the Bylaws



The Board heard, on first reading, amendments to Article V of the University Bylaws.



3. Request for Proposal - University-Wide Telephone System



Vice President Hill reported what the Board had before it this evening is a culmination of about a year's work. She noted the Board last year approved an RFP to hire a consultant who would not be vendor specific to help the institution in the process of leading the acquisition of a new University-wide telephone system. She said the consultant was hired last June and assisted the University in assessment of its needs and the development of the RFP.







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Vice President Hill said the RFP was sent to 15 vendors and the University received five proposals, two of which were rejected because they did not include the required bid bond. The remaining three vendors were evaluated by the consultant and the core committee on the University's campus who were working on the process which led to consideration of the final two vendors.



She reported the core committee and the consultant conducted reference checks on the two remaining vendors, asking them all the same questions and that the two vendors also made presentations. She noted the presentations were expanded to include not only those who had been directly involved in the development of the RFP, but to anyone on the University's campus having an interest. Following the interview and presentation process, the choice was narrowed down to one vendor, SBC, and the administration went into negotiations with the company and during that process the institution was able to gain some concessions in pricing and also to obtain additional features we had been wanting. She said the proposal presented for approval this evening includes the base system, all-voice mail and management package to be able to track calls, monthly statements, caller ID, unified messaging and all digital phones. She reported the consultant engaged by the institution, Tom Pavek, and representatives of Nortel and SBC, Michael Mullen and Maria Coughlan respectively, were in attendance. She noted the consultant agreement includes the requirement that the consultant assist the University in the implementation of the process for the installation of the new phone system and, if the item is approved at this meeting, the process would begin with a timeline to provide for cut-over at the end of July or the first part of August.



In response to a query from Regent Warren, Vice President Hill reported the money for the project is already allocated to a special program account in the Building Construction Fund and the funds are already sufficient in that account to handle the acquisition.



In response to a query from Chairperson Roth about the point basis and its development, the consultant, Tom Pavek, reported this is a point system he uses with his clients and that the University's core committee concurred with the point system. He noted that all of the vendors were provided information prior to the submittal of their bids about the evaluation process which would be utilized by the institution. Vice President Hill said the core group uses the same point system to evaluate the vendors and concurred with what the consultant had arrived at.



It was moved and seconded to approve the project including a contract with SBC in the amount of $726,097.00, acquisition of additional PCs and survey in the amount of $26,000 and a 10% contingency in the amount of $72,609 for a total project cost of $824,706.00.



4. Petro Allied Health Center Weight Facilities



President Farley reported that after an architect selection process the Schwerdt Design Group was recommended for providing architectural services for the athletic weight room and locker room renovation project.







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In response to a question from Regent Engel about which option the Univcersity would be asking the architect to do a schematic, President Farley said the architect will be required to examine and evaluate all of the options available to the institution including but not limited to a separate free-standing building in addition to Petro Allied Health Center or conversion of existing internal space and provide the cost of each before we could move forward.



In response to a question from Regent Blair about the swimming pool, President Farley said the space in which the pool is located is one of the potential options that the architect will be required to evaluate. He said the pool is still in use and is scheduled for use in classes for at least Fall of 2005.



It was moved and seconded to approve the contract for architectural fees with Schwerdt Design Group for the athletic weight room and locker room renovation project. Motion passed unanimously.



5. Changes to Requirements for Master of Education - Curriculum and Instruction with Emphasis in Educational Technology



Vice President for Adademic Affairs, Dr. Ron Wasserstein, reported the item is a developmental change in the Master of Education program to permit a change in the structure of the program to meet the instructors' needs for educational technology in the future.



It was moved and seconded to approve the changes in requirements for Master of Education - Curriculum and Instruction with Emphasis in Educational Technology. Motion passed unanimously.



6. Increase Maximum Number of Credit Hours That May Be Counted for General Education from Any One Discipline in Natural Science and Mathematics



Vice President for Academic Affairs, Dr. Ron Wasserstein, indicated this item arose because of the unique situation where some of the science courses are offered for five credit hours. He said this was an unintended consequence and the change would be to change the maximum credit hours from the six hour rule to allow up to eight hours in two separate courses.



It was moved and seconded to approve the change. Motion passed unanimously.



7. Bachelor of Legal Studies



Vice President Wasserstein recognized Richard Martin and Kay Rute who are key faculty in the legal studies program. Dr. Wasserstein said we've had a successful associate's degree program in legal studies for a number of years. He said because of the change in the level of credentialing there is now a need to have a bachelor's program.



It was moved and seconded to approve the Bachelor of Legal Studies. Motion passed unanimously.







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8. Purchases over $50,000



a. Master Control and Branding Equipment for KTWU



It was moved and seconded to approve award of a contract to Alpha Video & Audio, Inc. in the amount of $303,006 for the purchase of master control and branding equipment for KTWU as outlined in the agenda item. Motion passed unanimously.



b. Production Switcher for KTWU



It was moved and seconded to approve the award of a contract to Ross Video, Inc. in the amount of $168,801.00 for a multi-definition digital production switcher for KTWU.



Chairperson Roth noted the Committee of the Whole meeting for Saturday includes an Executive Session for the purpose of legal consultation with counsel and that no vote would be taken following the item. He also indicated a draft version of Bylaws had been circulated to members of the Board of Regents earlier and that members were asked to comment upon them. He said he is asking the Secretary to the Board to mail out the items again to the Regents with the idea that the item would be brought to the May meeting on first reading. He said if there were questions, they should contact Mr. Hackler.



Regent Engel noted the voluntary phased retirements were included in the Consent Agenda but he wanted to take the opportunity to note the persons who have been granted their voluntary phased retirement have been excellent teachers for the University for a long time and the administration will have its work cut out for it to replace them.



Without objection, the meeting was adjourned at 4:55 p.m. March 10, 2005 to 8:30 a.m. March 11, 2005 in the McPherson Booster Room in Petro Allied Health Center.





VI. COMMITTEE OF THE WHOLE



At 8:34 a.m. March 11, 2005 Chairperson Roth reconvened the meeting of the Board of Regents in the McPherson Booster Room in Petro Allied Health Center.



Present were: Mr. Blair, Mrs. Parks, Mr. Engel, Mrs. Paul, Mr. Roth and Mrs. Warren.



Chairperson Roth noted that while there was an Executive Session noted on the agenda, he would defer Executive Session until after discussion of Capital Maintenance Review and AGB Self-Assessment as there were a number of people in attendance. He said there would be no action following the Executive Session.



I. Capital Maintenance Review



President Farley noted the members of the Board had been provided, at the beginning of the Committee of the Whole meeting, a publication captioned Major Maintenance Funding Requirements Five Year Estimate 2006-2010. Dr. Farley said this publication has been done by Facilities Services for decades and involves an annual careful look at all of the facilities and what needs to be done to keep them in good condition.





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Vice President for Administration, Wanda Hill, said the major maintenance review is the basis for the main funding request the Board receives annually. She pointed to the table on page 1 of the book which shows the approved budget FY'05 which was the budget approved by the Board in July of 2004. By way of example of the evaluation of buildings, Vice President Hill directed the Board's attention to page 5 which details Benton Hall and the actual and projected expenditures and then to page 43 of the publication which details the most recent evaluation of the building. Vice President Hill reported the rating schedule is a national rating schedule that's been in use for 40-50 years by higher education institutions across the country.



President Farley noted the Board just approved going forward with the Stoffer Science Hall project, that the information on the building at pages 33 and 70 of the Major Maintenance Funding Requirements does not show the project. This is because the major maintenance funding requirement is based on the structural condition of the building not the programs necessarily that are housed within it.



President Farley called the annual evaluation of the buildings an excellent exercise as it gets people out to review the conditions of the buildings.



Regent Engel noted many of the projects the Board has seen recently contemplate the use of reserves. Dr. Farley indicated there was approximately $5.8 million in unexpended employee benefit contribution fund revenues, noting the authority to levy the tax dedicated for payment of employee benefits was abolished by the legislation of the county-wide sales tax for the support of the institution. He said also there was some $6 million available in reserve when he arrived on the campus and that has increased by some $2-$3 million and in three of the years in which the institution has collected sales tax there have been over-collections to three instances and there is some $6 million available from that source. Information in the agenda detailing the projected capital projects forecast in September and October 2003, noting that many of the items remained unchanged though some of the projected cost estimates would need to be increased. He pointed to the projected cost estimate for the science hall renovation in the September 18, 2003 memorandum.



II. Review 2004 AGB Self-Assessment Evaluation



Dr. Farley indicated the subject stems from the Board of Regents Retreat session last year with Tom Ingram from the AGB and the self-assessment evaluation of the Board which Regents completed prior to the retreat. Dr. Farley circulated a self-study update which included information from the survey completed last year along with some notes of items discussed by the Board since the survey.



Chairperson Roth said he'd be happy to spend as much time as anyone wanted to on discussion of the self-study update information but suggested that everyone should review the material following the meeting and provide comments to the administration as we begin planning for the next year. Mr. Roth asked the Regents provide their responses to Dr. Farley's office within the next two to three weeks so the information could be compiled into a report to be presented to the Board at its next meeting.



Mr. Roth also said he would like to have the Board Secretary e-mail to the Regents the draft version of new Bylaws which were prepared last year and a reminder to the members to review and provide input on the self-study to President Farley.







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Regent Parks reported she'd heard on the Jim Cates call-in show last week a statement that Washburn University was refusing to participate in Advantage Topeka and asked Dr. Farley for information.



Dr. Farley said as the plan was first presented to the University it was a loan program under which local businesses could advance money to the program and get a rebate from the City in an amount equal to one-half of their contribution so if they contributed $100,000 to the Advantage Topeka loan program they would get back $50,000 in tax credits. The $100,000 then would be a loan to students which would be forgiven over time if they continued to work in the city of Topeka. He said Mr. Duffy, whose idea this was, the proposal was that the University would match the amount put up by businesses. Dr. Farley said because the cost to the institution was unknown, we offered that we would handle the bookkeeping of the funds, make the awards and manage the program at no cost to the city. He said he didn't know what changes may have been outlined in the plan, that the University of Kansas is reportedly participating in it, although he indicated he did not think the University of Kansas was asked to match any of the contributions made by business as we had been.



A. EXECUTIVE SESSION



It was moved and seconded to recess to Executive Session for the purpose of discussing a legal matter with counsel and to reconvene in Open Session in the McPherson Booster Room at 10:00 a.m. Motion passed. The Board recessed to Executive Session at 9:40 a.m.



At 10:00 a.m. the Board reconvened in Open Session in the McPherson Booster Room. Chairperson Roth reported the Board had been in Executive Session for the purpose of discussing a legal matter and that no action had been taken.



It was moved and seconded to adjourn. The meeting adjourned at 10:00 a.m.







_______________________

Kenneth P. Hackler

Secretary, Board of Regents































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