WASHBURN UNIVERSITY OF TOPEKA

BOARD OF REGENTS

MINUTES

November 19-20, 2004

_____________________________________________________________________________________



I. Call to Order



Chairperson Roth called the meeting of the Board of Regents to order at 4:07 p.m. in the Kansas Room of the Memorial Union.



II. Roll Call



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

III. Approval of Minutes of October 8-9, 2004 meeting.



In response to a query from Chairperson Roth whether there were corrections to be made to the Minutes of the Minutes of the October 8-9, 2004 meeting as mailed, Regent Engel noted the word "million" should be inserted in the third line of the fourth paragraph on page six between "$2" and the word "and." Then he noted the first sentence of the last paragraph on the page should have the period following the word "process" and strike the remainder of the sentence. It was moved and seconded to approve the Minutes as corrected. Motion passed unanimously.



IV. Officer Reports



A. Chair's Report



Chairperson Roth noted the item on the Student Organization Recognition Policy, agenda item V.B.7., has been withdrawn but it will probably be on the next agenda.



Next Mr. Roth said the agenda has no section for old business but noted that an action had been tabled at the previous Board of Regents meeting and that he anticipated that would be taken up right before the new business.



Finally, he noted that an e-mail had been sent to the Board of Regents concerning a report made recently to the Kansas Board of Regents by NORED making recommendations concerning higher education in the state of Kansas. He has asked that Regents be provided the section of that NORED report dealing with Washburn University.



B. Committee Report(s)



There were no committee reports.



C. President's Report



President Farley noted there will be a Commencement before the next regularly scheduled meeting of the Board of Regents. He said it will be held on the University's campus on December 10 and said Regents would be receiving information concerning the ceremony and that their participation would be welcomed.



Next, President Farley said the members of the Board would be sent a copy of all 36 recommendations made by the consultant of NORED to the Kansas Board of Regents and said if persons wanted to read the report in its entirety they would be provided a web site address for it. Regent Ferguson asked the Regents be sent specifically pages 50-51 of the NORED report dealing with the recommendation for changes in funding for Washburn.



D. Treasurer's Report



Vice President for Administration and Treasurer, Wanda Hill, said that in addition to the usual reports provided to the Regents is a quarterly report for the first quarter. She noted the report was in a slightly different format than in previous years. She said the first page of the report showed the comparison between fiscal year '05 and '04 and a change in dollar amount and in percentage. Page 2 compared the first quarter '05 with budget and page 3 was the '04 quarterly report compared to budget. She pointed out, in the revenue section, a difference related to revenue from KTWU. She explained the cause was the timing difference from the previous year. Resources were received later this year compared to last year. Under the expense side, she noted in the area of institutional support, again the cause for the difference has to do with a timing issue when we paid the annual Banner maintenance fee.



1. Depository Security Transactions

2. Liquidated Claims Approval - October, 2004



It was moved and seconded to receive the Treasurer's report. The motion passed unanimously.



Chairperson Roth solicited a motion that the item tabled at the previous Board of Regents meeting be taken off the table. It was so moved and seconded. Motion passed. Chairperson Roth asked the Secretary to the Board to read from the Minutes the motion that was tabled. The Secretary read the motion from the Minutes that "... the main motion be amended, substituting as the name for the building "Peace Chapel." The Board Secretary noted that the intent of the motion was to be a substitute motion.



The Board Chair recognized Dr. Roy Menninger who said he appreciated the opportunity to speak. He said he'd like to compliment the University on the very effective compromises made in the structure and said all the people with whom he's visited who have seen the structure are very pleased with it. He said he'd ask that the Board consider placing the Nunemaker/Menninger name on the chapel, recognizing the origin of the gift, and the Menninger presence. He said the building is the only physical remnant of the Menninger Clinic being in town for 75 years. He asked the Board consider the gifts made by those who contributed to the placement of the building on the Menninger campus of some $500,000. In response to questions from Regent Parks, Dr. Menninger reported that Irene Nunemaker gave two gifts totaling $450,000 and Evelyn Meade some $50,000.



The Chaplain of the Menninger campus said he had conducted workshops in the building for over six years and asked that the Board consider the Nunemaker/Menninger name as the primary donors, recognizing a prominent Topekan who gave back to her community after a career with Avon in New York.



The Chair recognized Terri Hobbs, who identified herself as being in real estate in Topeka, who said she first met Irene Nunemaker in the 1980s in conjunction with honoring her as woman of the year. She noted Ms. Nunemaker gave not only to Menningers in the form of the donation of the chapel, but also to other organizations in town including Washburn University. She said a lot of Topekans were under the impression when the building was moved to the Washburn campus that it would be here as the Nunemaker/Menninger chapel and that in her informal poll quite a few were surprised of the name change. She asked the Board consider tabling the motion again to conduct a survey of people concerning the name of the structure.



The Chair recognized Irving Sheffel who said his last position at the Menninger Foundation was as vice president. He said he began working with Dr. Karl Menninger in 1949 and worked with him until Dr. Karl died in 1990. He said it would be appropriate with relation to the chapel that the Menninger family be recognized. He noted Dr. Karl's mother did Bible study for years and that Bible study may still be ongoing. He also said Dr. Karl Menninger taught at Washburn University in the 1920s and that Dr. Will and Dr. Karl both have honorary degrees from Washburn University. He said besides the former Nunemaker Chapel the only presence left in Topeka of the Menninger years is the archives maintained by the Historical Museum.



The Board Chair recognized David Beal who said he is a retired psychiatrist from Menninger's, on the staff there for 35 years. He said many people have used the chapel and most have a very strong emotional attachment to it as the Nunemaker Chapel.



Regent Parks said she understood the Washburn Endowment Association and the University made a commitment to the donor for naming of the chapel and inquired what commitment had been made. President Farley said discussions began in the spring of 2003 with the Menninger foundation concerning the possible gift of the building to Washburn. The Board accepted the gift, knowing the University would raise private funds for moving the structure from the Menninger campus and making the changes required to make the building more compatible for the campus. He said there's been a long-standing policy of the Washburn Endowment Association when fundraising that donors who provide approximately one-hafl of the private funds to be raised will have the opportunity to request naming of the facility. Dr. Farley said the fundraising for the project was in accordance with the WEA policy the donor could request the naming of the structure. He said he made the recommendation in accordance with that policy and the policy had been approved by the Board in January of 2004. In response to a query from Regent Parks, President Farley noted Mr. Etzel had given more than one-half of the total private funds acquired for the project.



President Farley thanked all for the various perspectives offered. He said the University is grateful to have the building. He said it's a great addition to the campus and a lovely structure. He commended those who were very generous in raising and contributing money for its move and its improvements. He said there will be appropriate remembrance for the Nunemaker/Menninger names in the building's interior. He said there will be a history of the Nunemaker Chapel, a brief history of Ms. Nunemaker as well as a history of the activity of the activity of the Menninger Foundation. He said we do not want to lose those memories.



Regent Engel said the building came to the University as a gift from a non-profit organization with no value attached as the Menninger Foundation was not looking for a tax benefit. He said we do not know what would have happened to the structure if it had not been moved here. He said the chapel didn't go away, it is still here and still a legacy of Nunemaker and Menninger. He added that in addition to the presence of the building here on campus and the archives at the Historical Museum, the Topeka Shawnee County Library has a vast collection of memorabilia from Menninger and from Nunemaker.



Regent Paul said that she came onto the Board of Regents after the gift had been made and remembers asking early on whether there were any restrictions placed on the gift when we received it and was told no. She said we would have saved ourselves a lot of heartburn if there had been stipulations at the outset dealing with the naming issue. She said we have to do here what benefits the whole as we see it and adhere to our policies. She said that when we have fundraising activities we cannot change midstream in terms of our relationships with donors. She said she's very, very sorry it has come to this.



Regent Ferguson said he regrets he was not present at the October meeting for discussion on the naming and inquired of President Farley what were the plans for the tribute to Nunemaker and Menninger. President Farley said the administration is working on that now. He said that likely will be plaques and boards in the interior of the structure with a chronology of the history of the building, the story of the gift to the Menninger campus and of the Menninger Clinic.



Dr. Menninger noted that when the building was given to Washburn there were two other possibilities of gifting of the structure to others. Secondly he said that he worked with Mr. Etzel in raising funds for the project. He also said that while there were no strings attached when the building was given to Washburn, "we were all assuming the name would go along with the chapel."



Regent Ferguson said he will not vote for the motion, but said he wanted members of the Board to understand his position. He said he was a friend with Dr. Karl, having lunch with him every week over a period of 15 years, and served as a pallbearer at his funeral. He said Dr. Karl had the Menninger Lecture Series on campus and has a conference room named for him in the Criminal Justice Department. He said Dr. Karl dearly loved Washburn and attending anything having to do with the lecture. He said given his close association with Dr. Karl Menninger, he cannot vote not to put the Menninger name on the building.



* The Mayor arrived at 4:45 p.m.



On vote on the substitute motion to name the chapel the Peace Chapel, motion was defeated with Regents Ferguson and Lee voting yes, the remainder voting no.



Regent Parks wondered if, by way of compromise, the building could be named Nunemaker/Menninger/Carole Chapel.



Regent Ferguson inquired whether the fundraising goal was met by the donor. President Farley indicated yes. Regent Ferguson then asked whether there would be difficulties if the interior were named Carole Hall. President Farley said that would be difficult.



It was moved and seconded as a substitute motion to name the chapel the Nunemaker/Menninger Chapel. On vote of the motion, Regents Lee and Ferguson voted aye, the remainder voted nay. The motion was defeated 5-2.



On vote of the main motion to name the building Carole Chapel, motion passed.



Chairperson Roth reiterated the present policy of the University is if a donor gives 51% of the projected goal for private fundraising, the individual will have the opportunity to propose a name for the facility. He said if the members of the Board of Regents disagree with that, they should notify President Farley and the Board will take it up.



Regent Lee said at the time the building was accepted it was "ramrodded" through in a meeting when a couple of Regents didn't even know what the chapel looked like or where it would be placed. She said what we should learn from this is in the future we need to have a plan in dealing with gifts of this sort.



Regent Warren said as a new Regent that the Board has learned a lot from it.



V. New Business



A. Consent Agenda:



It was moved and seconded to approve the agenda items V.A.1.a. through h. Motion passed unanimously.



As approved by action of the Board of Regents:



1. Personnel

a. Personnel Actions - Administrative Staff - Moss

appointment of Eric J. Moss as Chief of Custodial Services at an annual salary of $46,000;

b. Personnel Actions - Administrative Staff - Stover

appointment of Michael P. Stover as Systems Specialist - Finance at an annual salary of $42,815;

c. Personnel Actions - Administrative Staff - Shew

appointment of Teresa Dawn Shew as Director, Student Activities and Greek Life at an annual salary of $42,500;

d. Personnel Actions - Administrative Staff - Jackson

appointment of Chad A. Jackson as full-time Consultant in the Small Business Development Center Manhattan Chamber Office at an annual salary of $42,000;

e. Permission to Increase FTE and Salary

change Yarlenis Coletta-Ensley FTE status to 1.0 and increase annual salary to $30,000 for Spring 2005 semester only;

f. Permission to Increase Salary

increase in annual salary for Nora Clark to $49,928;

g. Promotion Recommendation

promotion of Jackquice Smith-Mahdi to Assistant Professor in Criminal Justice;

h. Permission to designate Dr. Mary Alice Hines Professor Emeritus

designate Dr. Mary Alice Hines as Professor Emeritus;



It was moved and seconded to approve agenda items V.A.2.a. and b. Motion passed unanimously.



As approved by action of the Board of Regents:



2. Expenditures exceeding $50,001

a. Roof Replacement Garvey Fine Arts Center - Project C05015

award of contract to Guilfoyle Roofing in the amount of $167,000 to replace the roof over Garvey Fine Arts Center; and,

b. Replace roof on original building Memorial Union

award of contract to Vincent Roofing, Inc. in the amount of $99,960 for roof replacement of the Memorial Union.



B. Action Items:



1. Creation of a Minor in Peace, Justice and Conflict Resolution



It was moved and seconded to approve the proposed Minor in Peace, Justice and Conflict Resolution. President Farley reported the institution will be able to do this at minimal cost as it is an amalgamation of existing courses. He said there may be a need from time to time to hire additional faculty at about $2,000 to teach one or more of these courses. Motion passed unanimously.



2. Retirement Program Change



It was moved and seconded to approve, effective January 1, 2005, an additional tier of mandatory contributions for employees earning salaries of $130,000 or more of 3% for a total mandatory contribution of 6%; and an additional tier of mandatory contributions of 3% for employees with salaries greater than $190,000 for a total mandatory contribution for such employees of 9%. President Farley reminded the Board some four or five years ago the Board adopted the first tier of mandatory contribution of 3%. He said one of the goals of the program is so that employees may be provided retirement income equal to about 60% of their working income as part of the calculation involves Social Security. Higher salaried employees are less likely to achieve that goal of 60% as the amount of Social Security is capped. On vote of the motion, motion passed unanimously.



3. Salary adjustments budgeted positions



It was moved and seconded to authorize the President to make upward salary adjustments of up to 10% of the budgeted salary for administrative and faculty positions where appropriate and within total University budget. Dr. Farley said, if however, the budget is inadequate for the position there is sometimes difficulty created because of the time between Board meetings. He said then he is asking for a window of 10% by which the budgeted salary amount might be increased because of the delay between the interview process and the time Board approval could be given.



Regent Engel said he supports the motion but asked the motion be amended to require the administration to report to the Board of Regents at the Board meeting next following such an upward adjustment. It was accepted as a friendly amendment. Upon vote of the motion, the motion passed unanimously.



4. Reinstatement of Benefits for Returning Employees



It was moved and seconded to amend Section I.3.2.1.3. of the Business and Financial Affairs Handbook (BAFAH) to include "Years of service for personal leave purposes shall include all previous years of service in a benefits eligible status whether or not employment has been continuous." And to amend I.3.2.2.5. by adding to the end of the second sentence the words "of more than five years." Motion passed unanimously.



5. Board of Regents Conflict of Interest Policy and Annual Conflict of Interest Disclosure Statement



Item was passed over for discussion following action on the remaining items.



6. FY 2006 Tuition Rates for Allied Health On-line Programs and New Master's of Science in Nursing Program



It was moved and seconded to approve the recommended FY 2006 tuition rates for the Allied Health On-line Programs and New Master's of Science in Nursing as detailed in the agenda item. Motion passed unanimously.



As approved by action of the Board of Regents:



FY '06 tuition rates: for Allied Health on-line programs -- Radition Therapy of $275/credit hour, Diagnostic Medical Sonography and Bachelor of Health Science programs each $210/credit hour; and for New MSN program -- resident tuition of $275/credit hour, non-resident of $495/credit hour.



7. Student Organization Recognition Policy



Item was withdrawn with the consent of the Board.



8. Changes to Bradbury Thompson Alumni Center Rental Rates and Facilities Use Policy



It was moved and seconded to approve the proposed rate and policy changes set forth in the agenda item.



Regent Engel said he didn't understand the reference to the rent of the facility as a low cost option and said he didn't think it important the University gain some $15,000 of additional revenue in light of the primary purpose of the building to serve the University's needs for use by students, alumni and friends of the University. He said he's concerned about the PR value of the increase in rent of the Convocation Hall for the period of 6-10 hours from $975 to $1,400.



In response to a question from Regent Ferguson concerning the ratio of use of the facility by the University versus outside users, Mr. Monical reported use of the Convocation Hall is approximately 60% of off-campus while the use of the conference rooms is almost always all University.



Regent Warren said for many users an increase in the rate as proposed would not make much difference and it's really a business decision to update the rental rates.



Upon vote of the motion, motion passed with Regent Engel voting no.



5. Board of Regents Conflict of Interest Policy and Annual Conflict of Interest Disclosure Statement



Regent Paul said the committee working on the proposed Conflict of Interest Policy has had a number of meetings and has hashed and re-hashed this item many times. She noted an updated version of the proposed policy be placed at each of the Regents' seats. She said there is an error in the handout in that the words in red in the third paragraph "in any contractor transaction" should be crossed out. She said the over-arching goal of the policy is to avoid conflict or the appearance of conflict by a Regent. She said the committee proposes that at the beginning of each meeting the Board Chair ask if anyone has a conflict.



There was discussion on the proposed Conflict of Interest Policy leading to the following amendments: striking the words "for all employees of the University" at the end of the first sentence of the first paragraph; insertion of the word "and" between the words "objectivity" and "integrity" in the second line of the third paragraph; striking the words "and confidentiality" following the word "integrity" in the second line of the third paragraph; deleting the words "between Regent responsibilities and outside activities" between the words "interest" and "from" in the fourth line of the third paragraph; inserting the word "relationship" and a comma following the word "business" in the second sentence of the third paragraph; insertion of the words "is the owner or" in the second line of the definition of business relationship; substituting the words "financial interest" for the words "substantial benefit" in the third bullet point; deletion of the words "more than 5% of the ownership" following the word "owner" in the second line of the financial interest bullet point; and, deleting the words "totaling $10,000 or more annually" following the word "receipts" in the bullet point now captioned financial interest.



It was moved and seconded to approve the proposed Conflict of Interest Policy as amended. Motion passed.



A copy of the Conflict of Interest Policy showing changes is attached to these Minutes.



It was moved and seconded to adjourn the meeting of the Board of Regents to 8:30 a.m. November 20, 2004 in the Kansas Room of the Memorial Union. Motion passed.





At 8:33 a.m. November 20, 2004, Chairperson Roth reconvened the Board of Regents in the Kansas Room of the Memorial Union.



Present were: Mr. Ferguson, Mrs. Lee, Mr. McClinton, Mrs. Parks, Mrs. Paul, Mr. Roth and Mrs. Warren.



President Farley now noted that at the last meeting of the Board of Regents the Board discussed the plans and goals for the University and the purpose of today's discussion was to talk about one of those goals - what to do about enrollment growth in the future. He noted in 1997 the student head count was approximately 5,800 students, which has now grown to, at the end of fifth week Fall 2004, 7,334 students. He said that is pretty dramatic growth. He noted in 1998 the Board talked about where to go for the future and what the campus and student body should look like. That led to changing the focus to a more traditional campus, including the construction of the Living/Learning Center and now the transitional student housing. He said at the time the initial goal was established we anticipated growth of somewhere between 4% or 5%, which has turned out to be a good goal for the University. In fact, the University surpassed the goal one year earlier than had anticipated. He said the three basic questions before the Board are how to maintain quality, how to have adequate capacity, and the University's market. He said the University has had two town hall meetings on the topic already and asked that Dean of Enrollment Management, Al Dickes, highlight some of the issues and questions which were addressed at the town hall meeting.



Mr. Dickes gave a PowerPoint presentation of the options as related to enrollment growth. He reported the faculty, as did the Board, identified the following as key points:



- focus on quality

- remain distinctive

- expand use of alternative delivery methods

- maintain diversity goals

- consider needs on economically disadvantaged student

- recognize expectations of community

- exercise care in establishing selectivity criteria



It was moved and seconded to adjourn. Motion passed. The meeting of the Board of Regents adjourned at 10:00 a.m.



_______________________

Kenneth P. Hackler

Secretary, Board of Regents



WASHBURN UNIVERSITY BOARD OF REGENTS

CONFLICT OF INTEREST POLICY







The Board of Regents recognizes that honesty, integrity, accountability, responsibility, openness and disclosure of financial relationships and interests are absolutely essential to the educational process and administration of the University. The Board deems it necessary and appropriate for the University to provide an atmosphere in which the highest standards of behavior, accountability and responsibility are inculcated among students, faculty, administrators and regents. To achieve this end, the Board requires a conflict of interest and disclosure policy.



Board members of Washburn University serve the public trust and have a clear obligation to make decisions solely on the basis of a desire to advance the best interests of the University and the public good. The integrity of the University must be protected at all times.



Recognizing the Board provides leadership by example, it is the purpose of this policy to ensure objectivity, and integrity on the part of the regents. All regents shall identify and avoid actual conflicts of interest, and the appearance of a conflict of interest. In order to prevent any potential conflict of interest from arising, no regent shall participate in an action where he or she is financially interested either directly or indirectly through business relationship, investment, or family in any contract or transaction affecting the interest of the University, nor procure or be a party in any way to procuring the appointment of any relative to any position of trust or profit connected with the University. A regent shall disclose those matters where a conflict of interest arises, or where a potential conflict could theoretically arise.

Each regent annually shall (a) be familiar with the terms of this policy; (b) disclose on the annual conflict of interest disclosure statement any possible personal, familial, or business relationships that reasonably might give rise to a conflict or a perceived conflict involving the University; and (c) acknowledge by his or her signature that he or she is in accordance with the letter and spirit of this policy. If a regent becomes aware of a potential or perceived conflict of interest subsequent to filing the annual statement, the regent must report this event to the secretary of the Board of Regents.

If a regent is uncertain whether to disclose a particular relationship or whether a relationship does constitute a conflict of interest, the board chair and the board secretary should be consulted. The Board of Regents will make the final determination of whether a conflict exists, if necessary.

A regent who believes another board member has a conflict should consult with the board chair and the board secretary or the entire Board, if necessary.

The following definitions are provided to help regents decide whether a relationship should be disclosed:

Business Relationship: One in which a regent, or a member of his or her family as defined below is the owner or serves as an officer, director, employee, partner, trustee, or stockholder of an organization conducting business with Washburn University that requires Board approval.

Family Member: A spouse, parent, sibling, child, grandchild, or any other relative if the latter resides in the same household as the regent.

Financial Interest: When a regent or a member of the regent's family (a) is the actual or beneficial owner of an organization conducting business with the University, or (b) has other direct or indirect dealings with such an organization from which the regent or a member of the regent's family benefits directly, indirectly, or potentially from cash or property receipts.

Regents who have declared a conflict of interest, or who have been found to have a conflict of interest, shall not be present during the discussion or vote on proposed transactions unless the Board requests information or interpretation for special reasons. Should a conflict of interest matter require a Board vote to resolve, those concerned shall not be present at the time of the vote.



Each Board of Regents' member shall receive a copy of this conflict of interest policy and agree to comply with the policy by executing a conflict of interest disclosure statement no later than August 1 each year, or within 30 days of appointment to the Board, and sending it to the secretary of the Board of Regents. Each Board of Regents' member shall also notify the secretary of the Board of Regents of any perceived or potential conflict of interest which might arise subsequent to filing the annual conflict of interest disclosure statement.



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