Board of Regents

11-19-98minutes

Board of Regents

OFFICIAL MINUTES

Meeting of the
University of Alaska Board of Regents
November 19-20, 1998
Anchorage, Alaska

OFFICIAL MINUTES

Regents Present:
Michael J. Burns, President
Elsa Froehlich Demeksa, Vice President
Annette M. Nelson-Wright, Secretary
Mary Jane Fate
Sharon D. Gagnon
Joseph R. Henri
Michael P. Kelly
R. Danforth Ogg
Lew M. Williams, Jr.

Mark R. Hamilton, Executive Officer and President of the University of Alaska

Regents Absent:
Chancy Croft, Treasurer

In Attendance:
E. Lee Gorsuch, Chancellor, University of Alaska Anchorage
Marshall L. Lind, Chancellor, University of Alaska Southeast
Joan K. Wadlow, Chancellor, University of Alaska Fairbanks
Jim Lynch, Interim Vice President for Finance and Planning
James A. Parrish, General Counsel
Wendy Redman, Vice President for University Relations
James R. Johnsen, Chief of Staff
Patty Kastelic, Executive Director for Human Resources
Daniel Johnson, Provost, University of Alaska Anchorage
Paul Reichardt, Provost, University of Alaska Fairbanks
Roberta Stell, Vice Chancellor, University of Alaska Southeast
William S. Rose, Vice Chancellor for Administrative Services, University of Alaska Anchorage
Frank Williams, Interim Vice Chancellor for Administrative Services, University of Alaska Fairbanks
Carol Griffin, Director, Administrative Services, University of Alaska Southeast
Jim Johnsen, Director, Labor Relations
Robert Miller, Director, Public Affairs
Jeannie D. Phillips, Board of Regents' Officer
Dawn Hunziker, Board of Regents' Coordinator

I.   Call to Order

The meeting was called to order by President Burns at 8:15 a.m. on Thursday, November 19, 1998.

II.   Adoption of Agenda

Regent Demeksa moved, seconded by Regent Thomas, and passed unanimously that:

PASSED AS AMENDED (amendments noted with *)

"The Board of Regents adopts the agenda as presented.

I. Call to Order

II. Adoption of Agenda

III. Approval of Minutes

IV. Approval of Resolutions of Appreciation

A. Sharon D. Gagnon

B. Joseph R. Henri

C. Michael P. Kelly

D. Lew M. Williams, Jr.

V. Public Testimony

VI. University President's Report

VII. Consent Agenda

A. Academic and Student Affairs Committee
1. Approval of Revisions to and Renumbering of Regents' Policy 09.09 --Recreational and Competitive Athletics

2. Approval of Regents' Policy 09.03 - Student Dispute Resolution (removed from Consent Agenda to New Business - VIII.A.1)

3. Approval of Delay in Implementation of Regents' Policy 09.02 - Student Rights and Responsibilities and of Deletion of Regents' Policy 09.96.01 - Student Behavioral Standards

B. Finance, Facilities and Land Management Committee

1. Approval of Schematic Design for University of Alaska Fairbanks Original Duckering Deferred Maintenance and Code Correction Project (removed from Consent Agenda to New Business, VIII.D.1)

2. Approval of University of Alaska Fairbanks Food Service Enhancement Project - Project Approval

C. Committee of the Whole

1. Approval of University of Alaska Scholars Program

2. Approval of FY00 Operating and Capital Budget Requests

a. Operating Budget Request

*b. Capital Budget Request (removed from Consent Agenda to New Business, VIII.C.1)

VIII. New Business and Committee Reports

A. Academic and Student Affairs Committee
*1. Approval of Regents' Policy 09.03 - Student Dispute Resolution (moved from Consent Agenda)

B. Audit Committee

C. Committee of the Whole

*1. Capital Budget Request (moved from Consent Agenda)

D. Finance, Facilities and Land Management Committee

*1. Approval of Schematic Design for University of Alaska Fairbanks Original Duckering Deferred Maintenance and Code Correction Project (moved from Consent Agenda)

*2. Approval of University of Alaska Fairbanks Food Service Enhancement Project - Reallocation of Funding (added)

E. Human Resources Committee

F. Labor Relations Committee

G. Planning and Development Committee

IX. Future Agenda Items

X. Alaska Commission on Postsecondary Education Report

XI. Board of Regents' Comments

XII. Executive Session

XIII. Acceptance of Bargaining Unit Contract between the University of Alaska and United Academic-Adjuncts

XIV. Approval of Revision to Policy 05.08.02 - Records Management and Adoption of Regulation 05.08.02

*XV. Presentation on University of Alaska Anchorage Health Care Programs (added)

XVI. Adjourn

This motion is effective November 19, 1998."

III.   Approval of Minutes

Regent Henri moved, seconded by Regent Fate, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves the minutes of its meeting of October 1-2, 1998 as amended. This motion is effective November 19, 1998."

Regent Henri moved, seconded by Regent Fate, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves the minutes of its Presidents Seminar of October 22, 1998 as amended. This motion is effective November 19, 1998."

Regent Fate moved, seconded by Regent Nelson-Wright, and passed unanimously that:

PASSED

"The Board of Regents approves the minutes of its emergency meeting of November 4, 1998 as presented. This motion is effective November 19, 1998."

Regent Henri moved, seconded by Regent Thomas, and passed unanimously that:

PASSED

"The Board of Regents approves the minutes of its emergency meeting of November 5, 1998 as presented. This motion is effective November 19, 1998."

Regent Henri moved, seconded by Regent Fate, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves the minutes of its retreat of November 13, 1998 as amended. This motion is effective November 19, 1998."

IV.   Approval of Resolutions of Appreciation

A.   Sharon D. Gagnon

WHEREAS, Sharon D. Gagnon served with distinction as a member of the Board of Regents of the University of Alaska from February 1991 through January 1999, appointed by Governor Walter J. Hickel; and

WHEREAS, Sharon D. Gagnon provided outstanding leadership on the Board of Regents, serving as its president from 1993 until 1996; as chair of the Planning and Development Committee, and chair of the Academic and Student Affairs Committee; and

WHEREAS, Sharon D. Gagnon, a native of Evansville, Indiana, earned her undergraduate degree in 1962 from Indiana University, where she was elected to Phi Beta Kappa, and from 1962 to 1964 studied in France on a Fulbright Scholarship; she went on to receive her master's and Ph.D. in French Literature at Harvard University; and

WHEREAS, Sharon D. Gagnon was an adjunct faculty member at the University of Alaska Anchorage from 1988 to 1990 teaching French, and also taught at the old Anchorage Community College, Alaska Methodist University, and before coming to Alaska in 1970, taught at Vanderbilt University and earlier was a teaching fellow at Harvard University and at the Université de Poitiers, France; and

WHEREAS, Sharon D. Gagnon has served the citizens of this state in many capacities including service on the board of trustees of the University of Alaska Foundation, Alaska Commission on Postsecondary Education, Northern Pedagogical University, Magadan; Alaska Aerospace Development Corporation, Rasmuson Foundation, The CIRI Foundation, Providence Hospital Community Advisory Board, Mapco Alaska Community Advisory Board, Alaska Airlines Community Advisory Board, Anchorage Chamber of Commerce, Anchorage Organizing Committee for the Winter Olympics, Alaska Repertory Theater and Alaska Children's Services; and

WHEREAS, Sharon D. Gagnon demonstrates her deep commitment to higher education, not only with the University of Alaska, but with her service to Harvard University where she served as president of the Harvard Alumni Association from 1993 to 1994, and was elected to membership on the Harvard Board of Overseers in 1995 where she serves as chair of the Standing Committee on Humanities and Arts; and

WHEREAS, Sharon D. Gagnon served on the University of Alaska Anchorage Citizens Advisory Committee from 1976 to 1986 and was chair of the committee for three terms during a time when UAA was developing fully into a 4-year institution; and

WHEREAS, Sharon D. Gagnon was honored in 1985 for her numerous contributions to the growth and development of the university system by having a street, Sharon D. Gagnon Lane, named for her on the UAA campus in Anchorage; and

WHEREAS, Sharon D. Gagnon, during her exemplary service as a member of the Board of Regents, helped guide the University of Alaska through an exhaustive program review process that resulted in reduced administrative costs, saved millions of dollars throughout the system, and reallocated several million more to protect the university's academic programs; and

WHEREAS, Sharon D. Gagnon, in the last two years as chair of the board's Planning and Development Committee, has guided the university's strategic planning process, building on the work done during program assessment, emphasizing always the university's need to "develop not only students' knowledge, but also their clarity of thought, their ability to analyze and their humanity"; and

WHEREAS, Sharon D. Gagnon as chair of the Academic and Student Affairs Committee, was almost single-handedly responsible for the extensive writing and rewriting of Board of Regents' policies regarding academic and student matters to assure the effectiveness, relevance and fairness of such policies as they are applied to situations throughout the system; and

WHEREAS, Sharon D. Gagnon at all times provided leadership with grace, good humor and equanimity which served to ease the board's passage through many troublesome and divisive issues; and

WHEREAS, Sharon D. Gagnon has demonstrated her personal commitment to quality higher education and shown a dedication, sense of purpose, dignity and energy befitting the highest standards of public service;

NOW, THEREFORE BE IT RESOLVED that the Board of Regents of the University of Alaska takes official recognition of Sharon D. Gagnon's outstanding service and extends to her this statement of appreciation for her contributions to the advancement of higher education in the state of Alaska; and

BE IT FURTHER RESOLVED, that this resolution be appropriately engrossed and conveyed to Sharon D. Gagnon with a copy incorporated in the official minutes of the November 19-20, 1998, meeting of the Board of Regents.

Regent Williams moved, seconded by Regent Thomas, and passed unanimously that:

PASSED

"The Board of Regents approves the Resolution of Appreciation for Sharon D. Gagnon. This motion is effective November 19, 1998."

B.   Joseph R. Henri

WHEREAS, Joseph R. Henri served with distinction as a member of the Board of Regents of the University of Alaska from February 1991 through January 1999, appointed by Governor Walter J. Hickel; and

WHEREAS, Joseph R. Henri provided outstanding leadership for eight years on the Board of Regents, serving for all but two regular meetings as chair of the Finance, Facilities and Land Management Committee, fostering the formation of a Board of Regents' Audit Committee, having served as its first chair and as a continuous member; and representing the Board of Regents on the University of Alaska Foundation Board of Trustees; and

WHEREAS, Joseph R. Henri's contributions to the university are grounded in nearly four decades of experience as a practicing lawyer and public official, serving under U. S. Senator Ernest Gruening, as Governor William A. Egan's Alaska Commissioner of Administration, as a State District Judge in Fairbanks, and as City Attorney and City Manager in Juneau; and

WHEREAS, Joseph R. Henri, in his capacity as a member of the Board of Regents, continued his long-term commitment to the development of Alaska's natural resources, utilizing his experience and insights as owner of South Central Timber Development, Inc., former president of the Resource Development Council and of the Council's Education Foundation, member of the State of Alaska Board of Forestry, and director of the Alaska Miners Association, chairing its Federal Oversight Committee; and

WHEREAS, Joseph R. Henri, with Aletha Walker Henri, co-founded two schools in Juneau in 1969 to provide care and education to physically and mentally handicapped children, of which one is still serving the needs of the community; and

WHEREAS, Joseph R. Henri has been steadfast in his belief that the State of Alaska has the resources it needs to develop and strengthen the University of Alaska, his eloquent, but sometimes lonely, voice calling upon the university to be accountable and to enhance its own revenue sources, always pointing out that such strategies can only supplement increased state appropriations; and

WHEREAS, Joseph R. Henri, consistently spread the message that to increase state revenues, the people need to reinstate a state income tax, and/or cap the Permanent Fund Dividend checks to enable the State of Alaska to fund the university at the appropriate capital and operating levels; and authored a resolution approved by the board in February 1998 which urged the Legislature to "reallocate enough surplus earnings of the Permanent Fund to fully fund the budget request of the Board of Regents and the deferred maintenance accounts of the University of Alaska and other state agencies" resulting in the Legislature reallocating those funds for the first time in the state's history; and

WHEREAS, Joseph R. Henri has earned the respect of his colleagues for his dogged determination to avoid using such terms as "downsizing" and "rightsizing" in favor of pressing the university to do what is right by embracing new disciplines like architecture, or expanding existing but narrowly focused endeavors such as health care, mineral engineering and forestry, to being outstanding in all that it does, and in pressing state decision-makers to fund the university adequately; and

WHEREAS, Joseph R. Henri during his exemplary service as chair of the Finance, Facilities and Land Management Committee, teamed with other regents to obtain capital funding necessary to address the university's deferred maintenance problems, and to seek passage of legislation in the Alaska Legislature and in Congress to increase the university's land grant; and

WHEREAS, Joseph R. Henri because of his personal commitment to provide quality postsecondary education for all Alaskans, will be remembered for his dedication, his sense of purpose, his deep love of Alaska and the University of Alaska, his sense of humor and irony, the energy which he brought to the role of regent, and, alas, his often expressed exasperation with what he considered the occasional backward step and with the slow pace of beneficial change; and

WHEREAS, Joseph R. Henri savored a memorable breakthrough in new ventures when he addressed a meeting of Alaska architects about his concerns for architecture, municipal layout and northern living, and they responded by establishing at UAA a 3-credit graduate course called northern Design which is now accepted by the Alaska Board of Architects, Engineers and Land Surveyors as fulfilling the Alaska-specific requirement for licensure;

NOW, THEREFORE, BE IT RESOLVED that the Board of Regents of the University of Alaska officially recognizes Joseph R. Henri's outstanding service and dedication and presents this statement of appreciation for his contributions to the development and preservation of higher education in the state of Alaska; and

BE IT FURTHER RESOLVED that this resolution be appropriately engrossed and conveyed to Joseph R. Henri, with a copy to be incorporated in the official minutes of the November 19-20, 1998, meeting of the Board of Regents.

Regent Gagnon moved, seconded by Regent Demeksa, and passed unanimously that:

PASSED

"The Board of Regents approves the Resolution of Appreciation for Joseph R. Henri. This motion is effective November 19, 1998."

C.   Michael P. Kelly

WHEREAS, Michael P. Kelly, a resident of the Fairbanks community for more than 40 years, served with distinction as a member of the Board of Regents of the University of Alaska from February 1991 through January 1998, appointed by Governor Walter J. Hickel; and

WHEREAS, Michael P. Kelly provided outstanding leadership on the Board of Regents, serving as its president from 1996 until 1998, as its vice president from 1995 until 1996, as chair of the Human Resources Committee, and as a member of the Finance, Facilities and Land Management Committee; and

WHEREAS, Michael P. Kelly graduated from Monroe High School in Fairbanks, attended Seattle University, and graduated from the University of Alaska Fairbanks with a bachelor's degree in business management; and

WHEREAS, Michael P. Kelly is now President and Chief Executive Officer of the Golden Valley Electric Association, his 16th year at the helm of the electric utility; and

WHEREAS, Michael P. Kelly has also served as chair of the Alaska Utility Systems Coordinating Council; chair of the Statewide Utility Managers Association; chair of the Bradley Lake Hydroelectric Project Management Committee; and as a member of the National Power and Generation Committee; and

WHEREAS, Michael P. Kelly's example of professional and civic leadership has established him not only as a successful businessman, but also as a role model for future generations of Alaska business leaders, and in 1987 he was named Business Leader of the Year by the Associated Students of Business at the University of Alaska Fairbanks; and

WHEREAS, Michael P. Kelly's commitment to the Fairbanks community and the state of Alaska, is demonstrated by his service on the board of directors for the Alaska State Chamber of Commerce, the Fairbanks Community Hospital Foundation, and as a former chair of the Fairbanks Chamber of Commerce, the Monroe/ICS School Board, and the United Way; and

WHEREAS, Michael P. Kelly's promotion of business growth and development is further evidenced by the fact that he has served on the Board of Directors for the Fairbanks Rotary, the Fairbanks Industrial Development Corporation, and Denali State Bank; and

WHEREAS, Michael P. Kelly played a crucial role as a member of the Board of Regents in protecting and promoting the University of Alaska during state budget cuts that required years of university budget reductions and reallocations to provide for the needs of academic programs; and

WHEREAS, Michael P. Kelly's leadership initiatives after he became president of the board resulted in regular communications with the Office of the Governor, the Alaska Legislature, and the Alaska public regarding the capital and operating needs of Alaska's only institution of public higher education, the University of Alaska; and

WHEREAS, Michael P. Kelly's no-nonsense style, and his determination to increase state funding while responding to legislative and public concerns about the university's administrative costs, helped guide the university through the budgetary downsizing, and kept the board focused on efforts to have the university "do more with less"; and

WHEREAS, Michael P. Kelly's firm belief that excellent people produce excellent results, chaired the search committee culminating in the hiring of the University's General Counsel; and led the Board of Regents through the single most important decision the board can make, the selection of a president to lead the system, ensuring that the opinions of the University faculty, staff, students, alumni and Alaska citizens were solicited, considered and incorporated into the search process; and

WHEREAS, Michael P. Kelly provided leadership with compassion for others and with a sense of good humor which eased the way through many a troublesome issue; and

WHEREAS, Michael P. Kelly demonstrates his personal commitment to the University of Alaska and to quality postsecondary education through his dedication, sense of purpose and energy befitting the highest standards of public service;

NOW, THEREFORE, BE IT RESOLVED that the Board of Regents of the University of Alaska takes official recognition of Michael P. Kelly's outstanding service and extends to him this statement of appreciation for his contribution to the advancement of higher education in Alaska; and

BE IT FURTHER RESOLVED, that this resolution be appropriately engrossed and conveyed to Michael P. Kelly with a copy incorporated in the official minutes of the November 19-20, 1998, meeting of the Board of Regents.

Regent Gagnon moved, seconded by Regent Fate, and passed unanimously that:

PASSED

"The Board of Regents approves the Resolution of Appreciation for Michael P. Kelly. This motion is effective November 19, 1998."

D.   Lew M. Williams, Jr.

WHEREAS, Lew M. Williams, Jr., served with distinction as a member of the Board of Regents of the University of Alaska from February 1991 through January 1999, appointed by Governor Walter J. Hickel; and

WHEREAS, Lew M. Williams, Jr., began running Alaska newspapers in 1946, upon his return from service as a paratrooper during World War II; and

WHEREAS, Lew M. Williams, Jr., in addition to the Ketchikan Daily News, has published the Wrangell Sentinel, the Sitka Sentinel, and the Petersburg Press, and even though he retired in 1990 he remains active, writing a weekly column and serving as a resource person for the newspaper's editorial staff; and

WHEREAS, Lew M. Williams, Jr., served the Board of Regents as chair of the Nominating Committee, and as a member of the Finance, Facilities and Land Management Committee; and

WHEREAS, Lew M. Williams, Jr., provided a sense of pragmatism and historical perspective during countless hours of committee and board deliberations; and

WHEREAS, Lew M. Williams, Jr., was instrumental in guiding the board to establish as its number one priority the resolution of the university's deferred maintenance problems, which was vital to the process that has resulted in significant resources being directed at deferred maintenance projects throughout the system; and

WHEREAS, Lew M. Williams, Jr., emphasized the importance of having University of Alaska campuses in urban and rural settings, and reminded those citizens that were privileged to have a campus in their communities that it is an enterprise that should be supported not only by state general funds but by the communities themselves; and

WHEREAS, Lew M. Williams, Jr., is committed to the idea that the University of Alaska as a land grant institution should have a larger land grant from which to develop a financial base to help pay for the educational programs and services it provides, and his efforts have been instrumental in obtaining legislative, if not executive branch, approval of legislation awarding the university land; and

WHEREAS, Lew M. Williams, Jr., has worked on state boards and commissions under every governor since statehood, including terms on the Alaska Judicial Council and the Board of Governors of the Alaska Bar Association, serving on the Alaska Blue Ribbon Task Force to establish the state's position on the Alaska National Interest Lands Conservation Act of 1980, and as chair of the Citizen's Advisory Commission on Federal Areas; and

WHEREAS, Lew M. Williams, Jr., has demonstrated his commitment to civic service, serving a term on the Wrangell School Board, five years as mayor of Petersburg; on chambers of commerce in Wrangell, Petersburg and Ketchikan; and on numerous local committees; and

WHEREAS, Lew M. Williams, Jr., was co-founder of an association of municipal governments and chambers of commerce in Southeastern Alaska, and founder and multi-term president of the Alaska Newspaper Association, as well as director of Allied Daily Newspapers, which is now the Pacific Northwest Newspaper Association; and

WHEREAS, Lew M. Williams, Jr., has been deservedly honored for his selfless years of service, as evidenced by the conferral of an honorary Doctor of Humanities degree by the University of Alaska in 1981, his selection by the Alaska State Chamber of Commerce as Outstanding Alaskan, and by the City of Ketchikan as Citizen of the Year; and

WHEREAS, Lew M. Williams, Jr., will be remembered for his commitment to quality public higher education for all Alaskans, and for his dedication and thoughtful attention to the concerns of the University of Alaska system and its students;

NOW, THEREFORE, BE IT RESOLVED that the Board of Regents of the University of Alaska officially recognizes Lew M. Williams, Jr.'s invaluable service and dedication and presents this statement of appreciation for his contributions to the development and preservation of higher education in the state of Alaska; and

BE IT FURTHER RESOLVED that this resolution be appropriately engrossed and conveyed to Lew M. Williams, Jr., with a copy incorporated in the official minutes of the November 19-20, 1998, meeting of the Board of Regents.

Regent Demeksa moved, seconded by Regent Gagnon, and passed unanimously that:

PASSED

"The Board of Regents approves the Resolution of Appreciation for Lew M. Williams, Jr. This motion is effective November 19, 1998."

V.   Public Testimony

Rick Mystrom, Mayor of the Municipality of Anchorage, thanked the board for the University of Alaska Anchorage's consideration of a Logistics program, stating that Chancellor Gorsuch and Provost Johnson are working with the mayor's office to research possibilities of starting such a program.

Grant Baker, professor at University of Alaska Anchorage, voiced his concern regarding the integrity of university administration.

Merritt Mitchell, Kachemak Bay Branch Advisory Council, urged the Board to support the capital budget request for the Kachemak Bay Branch campus in Homer.

Erica Kline, junior at UAA in Business Administration and member of the Seawolf Speech and Debate Team, reported on the impacts of the budget cuts regarding the Speech and Debate Team and the accomplishments of the Team despite the cuts including tournaments, work toward an endowment for the Team. Ms. Kline also asked the board to consider funding the program through the Natural Resources Fund and urged board members to participate on the Debate Team Advisory Board.

Larry Weiss, president of United Academics, reported on good communication with President Hamilton, and thanked the four regents leaving the board for their commitment to the University of Alaska.

Bruce Willard, resident of Homer, spoke to the board regarding the pending sale of the Homer Red Meat Facility.

Donna Lyons, Staff Alliance representative from UAA, reported on restructuring activities in the Alliance to increase communication up and down; and plans being made for the upcoming legislative session.

Shannon Christensen, Staff Alliance representative from UAF, thanked the regents, President Hamilton, and the chancellors for their support of staff, and pledged that the Staff Alliance would continue to emphasize a proactive role in supporting the university;

Theresa Obermeyer, spoke to the board on concerns regarding the Alaska Bar exam.

Patrick Race and Aaron Siring, ASUAF senators and members of UAF Technology Advisory Board, expressed their concerns regarding how the technology fee funds are being administered at UAF as a result of the lack of student participation on the Advisory and removal of RFP process.

FRIDAY, NOVEMBER 20, 1998

VI.   University President's Report

President Hamilton reported on his recent meeting with Senator Stevens to discuss an omnibus research plan; on progress made regarding the University of Alaska Scholars Award Program; on recent meetings with faculty, staff, and chancellors; on efforts to improve governance involvement on university issues; and that a coordinator has been hired for Year 2000 activities.

VII.   Consent Agenda

A.   Academic and Student Affairs Committee
1.   Approval of Revisions to and Renumbering of Regents' Policy 09.09 - Recreational and Competitive Athletics Reference 1

MOTION

"The Academic and Student Affairs Committee recommends that the Board of Regents approve Regents' Policy 09.09 - Recreational and Competitive Athletics, as presented in Reference 1. This motion is effective November 20, 1998."

2.   Approval of Regents' Policy 09.03 - Student Dispute Resolution

Moved to New Business - VIII.A.1

3.   Approval of Delay in Implementation of Regents' Policy 09.02 - Student Rights and Responsibilities and of Deletion of Regents' Policy 09.96.01 - Student Behavioral Standards Reference 3

MOTION

"The Academic and Student Affairs Committee recommends that the Board of Regents approve the deletion of Regents' Policy 09.96.01 - Student Behavioral Standards and set the effective date of this deletion and of the implementation of Regents' Policy 09.02 - Student Rights and Responsibilities at the start of the Fall 1999 semester. This motion is effective November 20, 1998."

Regent Gagnon moved, seconded by Regent Nelson-Wright, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves recommendations 1 and 3 of the Academic and Student Affairs Committee as stated above. This motion is effective November 20, 1998."

B.   Finance, Facilities and Land Management Committee

1.   Approval of Schematic Design for University of Alaska Fairbanks Original Duckering Deferred Maintenance and Code Correction Project

Moved to New Business - VIII.D.1

2.   Approval of University of Alaska Fairbanks Food Service Enhancement Project

[Note for the record: an additional motion was passed under New Business - VIII.D.2, approving reallocation of resources for this project]

MOTION

"The Finance, Facilities, and Land Management Committee recommends that the Board of Regents approve the University of Alaska Fairbanks Food Service Enhancement Project as presented and authorize expenditures not to exceed $750,000 for the evaluation, planning, and design of food service enhancements and related capital improvements.

This authorization is subject to President Hamilton's approval of: (1) an expenditure plan for the evaluation, planning and design; (2) funding sources and availability of funds for the work; (3) and review of UAF's strategic plan for the housing and food service system.

This motion is effective November 19, 1998."

Regent Henri moved, seconded by Regent Williams, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves recommendation 2 of the Finance, Facilities and Land Management Committee as stated above. This motion is effective November 20, 1998."

C.   Committee of the Whole

1.   Approval of University of Alaska Scholars Program Reference 11

"The Committee of the Whole recommends that the Board of Regents approve the creation of the University of Alaska Scholars Program and direct President Hamilton to implement the program beginning Fall Semester 1999. This motion is effective November 19, 1998."

2.   Approval of FY00 Operating and Capital Budget Requests  Reference 12

MOTION #1 - Operating Budget Request

"The Committee of the Whole recommends that the Board of Regents approve the operating budget proposal as presented in Reference 12 and authorize the university president to complete a formal operating budget submission based on the proposal. This motion is effective November 19, 1998."

MOTION #2 - Capital Budget Request

Removed to New Business, VIII.C.1

Regent Henri moved, seconded by Regent Fate, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves recommendations 1 and 2a of the Committee of the Whole as stated above. This motion is effective November 20, 1998."

VIII.   New Business and Committee Reports

A.   Academic and Student Affairs Committee
1.  Approval of Regents' Policy 09.03 - Student Dispute Resolution  Reference 2

Moved from Consent Agenda

During the course of the Academic and Student Affairs Committee, several revisions were made to the Student Dispute Resolution policy. Regent Gagnon reviewed those changes with the Full Board.

Regent Gagnon moved, seconded by Regent Nelson-Wright, and passed unanimously that:

PASSED AS AMENDED (amendment indicated by underscore)

"The Board of Regents approves Regents' Policy 09.03 - Student Dispute Resolution as presented in Reference 2 and as amended by the Academic and Student Affairs Committee on November 20, 1998, to become effective at the start of the Fall 1999 semester. This motion is effective November 20, 1998."

2.   Committee Report

Regent Gagnon made the following report:

The Academic and Student Affairs Committee

- forwarded policy revisions to the Full Board for approval.

- heard a progress report from the three MAUs on assessment of educational effectiveness, an effort which is in part a response to BOR direction and accrediting agency mandates to assess student success. Each MAU is in the process of developing assessment activities in all programs, which has required a cultural change from looking at courses only in terms of material presented to looking at results. Each MAU has made significant discoveries in course improvement and consistency. Each MAU has also identified the monetary resources needed to carry out assessment.

- heard a status report on the Professional Education Coordinating Committee, which coordinates the system programs in teacher education. Each MAU is in the process of developing a 5th year MAT program, which coordinates with the teacher certification program. The goal is for each MAU to suspend the B.Ed. in both elementary and secondary education and to transition students into content degrees for secondary education MATs and baccalaureate degrees designed for students who want to pursue a MAT in elementary education. At UAS admission is currently suspended in both elementary and secondary B.Ed programs, and fifth year MAT programs are in place. At UAF coordinated MAT and certification programs are in place, the new baccalaureate in elementary education will be in place next year, with concentrations in social studies, language arts and humanities and math and science. The B.Ed in secondary education will be suspended by the year 2000. At UAA the secondary MAT is in place and the 5th year licensure program is developing. The secondary MAT is in place and admission to the secondary B.Ed. is suspended. Changes to the elementary program are anticipated in fall 1999.

The new systemwide cooperative program in Education Leadership is in place and the program for Special Education teachers is anticipated for fall 1999.

The Committee learned that students can pursue a joint Masters in Special Education and MAT and save time in becoming special education teachers.

- heard a report from John Wiese, director of the Rural Educators Preparation Program, an initiative to prepare students to teach in rural schools in Alaska. The program is based at Fairbanks, but floats throughout the system according to need. The REPP goals are to have more native teachers, better quality teachers and improved student learning. These goals will be accomplished through course availability, mentoring and internships in rural schools. Part of the program's effort is directed toward helping current rural teachers' aides become teachers through Rural Education faculty at UAF direct interns in the program, while distance education is provided by all MAUs.

B.   Audit Committee

The Audit Committee met with the University of Alaska's external auditors and reported that the external audit showed that the financial statements of the university are in order.

Regent Henri reported that the Audit Committee discussed the Coal Water Project and recommended that a chronology of the project be presented to the Finance, Facilities and Land Management Committee at its February 1999 meeting.

Regent Gagnon commended the Audit Committee for reporting that the University of Alaska books are in order.

C.   Committee of the Whole

*1.   Capital Budget Request
a.   Prioritization of Capital Budget Request (new)

During the Committee of the Whole meeting of November 19, 1998, President Hamilton asked that the board determine whether it would prefer to submit a capital budget in prioritized or non-prioritized order. The Committee of the Whole passed the following motion, recommending that the Board of Regents approve a capital budget request in priority order.

Regent Ogg moved, seconded by Regent Henri, and passed unanimously that:

PASSED

"The Board of Regents approves the prioritization of the capital budget request. This motion is effective November 20, 1998."

b.   Criteria for Prioritization of Capital Budget Request (new)

During the Committee of the Whole meeting of November 19, 1998, President Hamilton reviewed a list of the criteria used to prioritize the capital budget request. The Committee of the Whole passed the following motion, recommending that the board adopt the following criteria when considering prioritization in the category of new construction, major renovation, and other.

Regent Ogg moved, seconded by Regent Henri, and passed unanimously that:

PASSED

"The Board of Regents adopts the following criteria when considering prioritization in the category of new construction, major renovation and other:

-- strategic initiative

-- demonstrated need

-- developed plan

-- partnership potential

-- degree of self-support

This motion is effective November 20, 1998."

c.   Capital Budget Request Proposal

Moved from Consent Agenda

As a result of approving that the capital budget request be submitted in priority order, the Committee of the Whole recommended that the Board of Regents amend its motion to indicate this approval.

Regent Ogg moved, seconded by Regent Henri, and passed unanimously that:

PASSED AS AMENDED (amendment indicated by underscore)

"The Board of Regents approves the capital budget proposal as presented in Schedule C - FY00 Prioritized (dated 11-9-98) and authorizes the university president to complete a formal capital budget submission based on the proposal. This motion is effective November 20, 1998."

d.   Committee Report

In addition to action items, the Committee of the Whole also heard presentations from Richard Jonsen, Executive Director of the Western Interstate Commission on Higher Education (WICHE) and from the UAF School of Mineral Engineering; heard a report on legislative issues; and reviewed the 1st draft of a policy on Crisis Planning and Response.

D.   Finance, Facilities and Land Management Committee

1.   Approval of Schematic Design for University of Alaska Fairbanks Original Duckering Deferred Maintenance and Code Correction Project Reference 6

Moved from Consent Agenda

a.   Schematic Design Approval

Regent Henri moved, seconded by Regent Williams, and passed unanimously that:

PASSED AS AMENDED (amendment indicated by underscore)

"The Board of Regents approves the schematic design for the University of Alaska Fairbanks Original Duckering Deferred Maintenance Project as presented and authorizes the university administration to bid and award contracts not to exceed a total project cost of $9,860,000, subject to identification of funding sources to be approved by President Hamilton after consultation with the Finance, Facilities and Land Management Committee. This motion is effective November 20, 1998."

b.   Expansion of Project Scope (new)

Regent Henri moved, seconded by Regent Williams, and passed unanimously that:

PASSED

"The Board of Regents approves an expansion of the Duckering Building project scope to include renewal of laboratories, baseboard heating system modifications, classroom cabling, elevator repairs, darkroom upgrade, and interior lighting in the 1984 addition, and new furnishings, interior painting of office walls and corridors, new plumbing fixtures and ADA modifications to classrooms and laboratories to accommodate the disabled, at an estimated cost of $2,377,800. The expansion will increase the total cost of the project from $9,860,000 to $12,237,800.

This approval is subject to receipt of appropriate authorization for the reallocation of sufficient funding to complete the project from the FY99 deferred maintenance, code compliance, and renovation appropriation currently allocated to the Arctic Health Facility. This motion is effective November 20, 1998."

c.   Reallocation of Funding (new)

Regent Henri moved, seconded by Regent Williams, and passed unanimously that:

PASSED

"The Board of Regents authorizes the Vice President for Finance to request a reallocation of funding in the amount of $4,000,000 from the FY99 deferred maintenance, code compliance, and renovation appropriation, currently allocated to the Arctic Health Facility, to the Duckering Building project. This reallocation will fund the otherwise unfunded portions of the original Duckering Deferred Maintenance Project in the amount of $1,622,200 and the unfunded Duckering Project expansion in the amount of $2,377,800. This motion is effective November 20, 1998."

*2.  Approval of University of Alaska Fairbanks Food Service Enhancement Project - Reallocation of Funding (added)

[Note for the record: action to approve the project was passed under the Consent Agenda - VII.B.2]

Regent Henri moved, seconded by Regent Demeksa, and passed unanimously that:

PASSED

"The Board of Regents approves the reallocation of uncommitted FY96 deferred maintenance funding from the Moore, Bartlett and Skarland Hall projects, which are nearing completion, to the Fairbanks Food Service Enhancement Project, as presented. This motion is effective November 20, 1998."

3.   Committee Report

In addition to action items, the committee also heard reports on the FY98 financial statements and on construction in progress.

E.   Human Resources Committee

The Human Resources Committee heard a reports on labor relations issues, the annual grievance report, and the recent employee attitude survey; and reviewed the 1st draft of a revised Dispute and Grievance Resolution policy.

F.   Labor Relations Committee

No report.

G.   Planning and Development Committee

No report.

IX.   Future Agenda Items

Regent Ogg requested that a facilitated board retreat be held within the next year and encouraged all board members to attend the Association of Governing Board's National Conference on Trusteeship on March 27-30 in Seattle.

X.   Alaska Commission on Postsecondary Education (ACPE) Report

Regent Demeksa reported that the representatives from the Coalition of Student Leaders would be meeting with the director of ACPE on November 21, 1998 regarding credit checks.

XI.   Board of Regents' Comments

Regent Thomas thanked the four outgoing regents for their service and commitment; and expressed his support of the reorganization of the agenda.

Regent Fate thanked the outgoing regents for their service to the University of Alaska; reported that Senator Stevens recently provided the UA Museum with $2.5 million; thanked the administration, staff and students; and thanked President Hamilton for holding the Board President meeting.

Regent Demeksa thanked the outgoing regents, stating that their tutelage has been invaluable.

Regent Nelson-Wright thanked Regent Williams for being a well of wisdom; Regent Henri for always being a gentlemen and a scholar; Regent Kelly for his unsurpassed compassion; and Regent Gagnon for serving as an inspiration and a role model.

Regent Ogg stated that he has cherished time spent on board with the "Regents 4" who have pitted their strength and hearts to make the institution stronger.

Regent Williams spoke of the great friendships made during his tenure on the board and warned everyone to be nice since he "hasn't gotten to you yet in his book".

Regent Henri commented that the Class of 1991 was a fine one, and that it has been a privilege to be a part and to have been appointed.

Regent Gagnon thanked everyone who had made her tenure on the board a special one and stated that "I have more memories than if I was a thousand years old."

XII.   Executive Session

Regent Henri moved, seconded by Regent Kelly, and passed unanimously that:

PASSED

"The Board of Regents goes into executive session at 12:25 p.m. A.S.T in accordance with the provisions of AS 44.62.310 to discuss matters the immediate knowledge of which would have an adverse effect on the finances of the university related to land, litigation and labor, including:

· Tentative collective bargaining agreement with United Academic-Adjuncts

· Update on current University of Alaska litigation issues

The session will include members of the Board of Regents, President Hamilton, General Counsel Parrish, and such other university staff members as the president may designate and will last approximately two hours. Thus, the open session of the Board of Regents will resume in this room at approximately 2:25 p.m. A.S.T. This motion is effective November 20, 1998."

The Board of Regents concluded an executive session at 2:25 p.m. A.S.T. in accordance with AS 44.62.310 discussing matters the immediate knowledge of which would have an adverse effect on the finances of the university. The session included members of the Board of Regents, President Hamilton, General Counsel Parrish and other university staff members designated by the president and lasted approximately two hours.

XIII.   Acceptance of Bargaining Unit Contract between the University of Alaska and United Academic-Adjuncts

Board of Regents' Policy 08.10.02 - Agreements with Collective Bargaining Agents, states:

No collective bargaining agreement shall be binding upon the Board of Regents without prior approval of the entire agreement by the Board of Regents.

Alaska Statute 14.40.170(a)(2) provides:

The Board of Regents shall . . . fix the compensation of the president of the university, all heads of departments, professors, teachers, instructors, and other officers; . . .

Alaska Statute 14.40.170(b)(1) provides:

The Board of Regents may . . . adopt reasonable rules, orders, and plans with reasonable penalties for the good government of the university and for the regulation of the Board of Regents.

The Alaska Supreme Court has stated:

Through legislative enactments, the University enjoys a considerable degree of statutory independence. Not only does the board of regents have the constitutional authority to appoint the president of the University, formulate policy and act as the governing body of the institution, but the legislature has specifically empowered it to fix the president's compensation and the compensation of all teachers, professors, instructors and other officers . . .

Pursuant to this policy and legal authority, the university administration submitted a tentatively agreed-upon contract with the United Academic-Adjuncts union to the Board of Regents for its approval.

Regent Henri moved, seconded by Regent Kelly, and passed unanimously that:

PASSED

"The Board of Regents accepts the bargaining unit contract between the University of Alaska and United Academic-Adjuncts as presented. This motion is effective November 20, 1998."

XIV.   Approval of Revision to Regents' Policy 05.08.02 - Records Management and Adoption of University Regulation 05.08.02 Reference 14

The Public Records Act requires the Board of Regents to supervise and adopt procedures for the operation and implementation of the act. Regulation currently governs some aspects of record management and production.

The public records act separately requires that:

"The regulations and procedures adopted under this section must include the establishment of procedures for making an administrative appeal of public agency action that is taken under A.S. 09.25.110 -- A.S. 09.25.140."

The university has been looking for guidance to some regulations that were proposed a number of years ago. This does not, however, satisfy the statutory requirement.

The Board of Regents was asked to approve the proposed provisions of policy and regulation in Reference 14 to satisfy the statutory requirements for an appeal procedure.

Regent Kelly moved, seconded by Regent Ogg, and passed unanimously that:

PASSED

"The Board of Regents approves the revisions to Regents' Policy 05.08.02 - Records Management and adopts corresponding University Regulation 05.08.02. This motion is effective November 20, 1998."

XV.   Presentation on University of Alaska Anchorage Health Care Programs

Chancellor Gorsuch introduced faculty, staff, and former students working in University of Alaska Anchorage health care programs including the Alaska Telemedicine Project, the Alaska Telemedicine Testbed Project, Stat Central, the Alaska Telehealth System, the School of Nursing, and the Center for Rural Health.

XVI. Adjourn

President Burns adjourned the meeting at 4:30 p.m., Friday, November 20, 1998.

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