01/06/1978

UCCSN Board of Regents' Meeting Minutes
January 6-7, 1978








1-06-1978

Pages 135-162

BOARD OF REGENTS

UNIVERSITY OF NEVADA SYSTEM

January 6, 1978



The Board of Regents met on the above date in the Teacher Educa-

tion building, University of Nevada, Las Vegas.



Members present: Fred M. Anderson, M. D.

Mr. James L. Buchanan, II

Mr. John Buchanan

Mrs. Lilly Fong

Mr. Chris Karamanos

Mrs. Molly Knudtsen

Louis E. Lombardi, M. D.

Mr. John Tom Ross



Members absent: Miss Brenda Mason



Others present: Acting Chancellor Donald H. Baepler

President William Berg

President Russell Bloyer

President Jack Davis

President Max Milam

President Lloyd P. Smith

Mr. Larry Lessly, General Counsel

Mr. Stan Aiazzi, NNCC

Ms. Joan Chambers, UNR

Ms. Jo Anne Dain, WNCC

Mr. Robert Hill, WNCC

Dr. Joy Leland, DRI

Dr. Clarence Ray, UNLV

Ms. Barbara Summers, Unit

Mr. Scott Lorenz, CSUN

Mr. John Mc Caskill, ASUN



The meeting was called to order by Chairman Buchanan at 10:45

A.M.



1. Approval of Minutes



The minutes of the regular session of November 18, 1977 were

submitted for approval.



Mrs. Knudtsen noted a typographical error on page 134 where-

in Mrs. Fong was incorrectly referred to as Mr. Fong.



Mr. Karamanos moved approval of the minutes as submitted,

with the correction of the typographical error. Motion

seconded by Mrs. Knudtsen, carried without dissent.



2. Presentation by UNLV Alumni Association



Mr. Fred Albrecht, Director of the UNLV Office of Alumni

Relations, introduced Mr. Bill Terry, President of UNLV

Alumni Association, and Mrs. Alberta Sturm, alumni repre-

sentative for the Board of Regents meeting, and presented

the Regents with the NCAA basketball commemorative mugs.



3. Report of Gifts and Grants



Acceptance of the gifts and grants as reported by the Presi-

dents was recommended (report identified as Ref. 3 and filed

with permanent minutes).



Mr. Karamanos moved approval. Motion seconded by Mrs.

Knudtsen, carried without dissent.



4. Report and Recommendations of Investment Advisory Committee



Mr. John Buchanan, Chairman of the Investment Advisory

Committee, submitted the Investment Goals, Objectives and

Policies, as adopted by the Investment Committee, and

requested approval by the Board, with the note that the

policy statement as included with the agenda as Ref. 4A

should be amended to delete the word "Risk" from the

subsection title of "Portfolio Composition and Risk".



Dr. Lombardi moved approval. Motion seconded by Mrs.

Knudtsen, carried without dissent.



Mr. Buchanan also requested acceptance of the minutes of the

November 18, 1977 meeting, as included with the agenda as

Ref. 4B, together with approval of the following recommenda-

tions from the meeting held immediately preceding the regu-

ar Board meeting:



(1) Appointment of a graduate research assistant who will

analyze and monitor the performance of the University's

endowment fund. Employment for one semester will

require a maximum allocation from the Board of Regents

Special Projects Account of $2,818 (a grant-in-aid for

nine credits = $198, plus $750 tuition if out-of-state

student; salary for one semester for a first year

graduate assistant is $1,700, plus $170 in fringe

benefits).



(2) Acceptance of an offer of 60,000 shares of Associated

Smelters International Stock from Mr. James Joyce,

with proceeds to be used to establish the Paul Pinching

Scholarship at UNR. Stock is to be sold to Mr. Paul

Pinching and Mr. Lewis Shuman for $26,311, which is the

difference between $30,000 and the amount already in

the scholarship account. There is a pledge of an addi-

tional $20,000 to the account.



Mrs. Knudtsen moved approval. Motion seconded by Mr.

Karamanos, carried without dissent.



5. Review of Appointment of Consultant for UNR



Chairman Buchanan noted that there had been a great deal of

publicity, much of it critical, concerning the appointment

by President Milam of Dr. Neil Humphrey as a consultant for

UNR at a fee of $3,000 per month, and he had requested this

be placed on the agenda because he wished to have an expla-

nation from Dr. Milam concerning that action and why it was

not submitted to the Board for approval prior to the offer.

Mr. Buchanan added that he was opposed to the appointment

and believed the Board should treat this as a critical item

in view of the financial crisis which UNR has had to contend

with and the strict budget which will be in effect for this

Campus during the next fiscal year.



President Milam reviewed his tenure as President, from his

appointment in 1974 to the present, and cited some of the

areas in which he believed progress had been made under his

leadership, specifically, the improvement in the faculty

attitudes toward the Medical School and Intercollegiate

Athletics, the support and cooperation now being received

from the Alumni Association, and the support from the com-

munity. Dr. Milam stated that each decision he had made,

including the decision to retain Dr. Humphrey as a consult-

ant, had been made in what he believed to be the best inter-

rests of the University. He emphasized that the consulting

assignment under discussion was to be on a month-to-month

basis, with several projects in mind for completion. One

of these projects, he said, and one of the most pressing,

was development of a group practice plan for the physicians

who will be coming on the staff of the Medical School, and

the establishment of a collecting or billing system for that

group practice. He also cited other areas which would bene-

fit from the availability of consulting services, stating

that he believed that no one was more suited to performing

this service for the University than Dr. Humphrey and the

University should take advantage of his availability for the

next several months. Dr. Milam also pointed out that ap-

pointment of consultants had been the prerogative of the

Division Presidents without Board approval for many years

and he did not regard this as extending beyond the authority

delegated by the Board of Regents.



In response to a question from the Chairman regarding wheth-

er or not affirmative action procedures had been followed in

this appointment, Dr. Milam noted that there are no affirma-

tive action procedures applicable to hiring of a consultant.

He also stated, in response to statements made by Regents to

the Press, that Dr. Humphrey's return to the University

would not be disruptive to the Chancellor's search, that he

did not believe Dr. Humphrey's presence would have any ef-

fect whatsoever on the search for his successor. Dr. Milam

stated that there are people in the community who believe

very strongly that Dr. Humphrey should be hired if the

University can use him in any capacity. These include, he

stated, "people who have resources, people who control re-

sources, and people who can garner resources that are vital

to the University." Even so, he emphasized, a consulting

appointment would not have been offered to Dr. Humphrey un-

less it was believed that the contribution he would make

would merit the fees that he would be paid.



Following an extended discussion between Chairman Buchanan

and President Milam, Mr. Ross stated that in his opinion Dr.

Humphrey would be a great asset as a consultant, but he ex-

pressed criticism of the manner in which the assignment had

been arranged.



Mr. Karamanos also expressed concern at what he stated ap-

peared to be an attempt to make an appointment without Board

approval, and suggested that the action had embarrassed Dr.

Humphrey. Mr. Karamanos also suggested that it sounded to

him as if Dr. Milam had responded to pressure from some area

to hire Dr. Humphrey.



Chairman Buchanan read a mailgram from a faculty member whom

he declined to identify and a letter from a person identi-

fied as a Reno businessman, stating that he believed the

letters represented opposition to the action taken by

President Milam.



Mr. Karamanos moved that the Board go into Personnel Session

for the purpose of discussing the character, alleged mis-

conduct, professional competence or physical or mental

health of a person. Motion seconded by Mr. Ross.



President Milam stated that it was his understanding that a

closed Personnel Session is provided for the protection of

the person who is involved. He stated that he was not

requesting that protection and would prefer that the dis-

cussion be held in public.



Dr. Anderson asked to speak prior to a vote on the motion.

He stated that he had spoken to Dr. Humphrey at the time he

had resigned from the Presidency of the University of Alaska

and had determined that Dr. Humphrey did not wish to be con-

sidered for reappointment as Chancellor of the University

of Nevada System and had asked that his name not be allowed

to enter into consideration. Dr. Anderson also commented

about concerns expressed in relation to the proposed $3,000

per month salary and the assertions that it would take away

from future salary increases. He suggested that such an

assertion was close to ridiculous in that an expenditure of

$3,000 per month for a period extending at the most to June

30 could not have any effect on the amount of money avail-

able during a succeeding fiscal year for salary increases or

new positions. He also pointed out that Board policy and

practice allows a President to make such consulting appoint-

ments and noted that such appointments have been made dozens

of times during the 22 years that he has been a Regent with-

out such a challenge from the Board, either publicly, as has

been done through the Press in this instance, or privately

in Executive Session. Dr. Anderson also noted that the

present Medical School faculty have been working for months

in an attempt to develop a group practice plan and have not

been successful. He suggested that this requires someone

with both fiscal and analytical abilities as well as nego-

tiating ability, all of which Dr. Humphrey possesses.



Mr. Don Heath, President of the UNR Alumni Association,

spoke in support of President Milam's action, expressing

concern about the public mishandling of the matter. Mr.

Heath stated that he had been contacted by the Press, but

had chosen not to respond to these inquiries or to make pub-

lic statements until he had been able to secure more infor-

mation about the matter. He stated that as a result of his

own inquiries into the matter, he wished to publicly state

his support of Dr. Milam as President of UNR and endorsement

of his choice of Dr. Humphrey as a special consultant to UNR

for those projects which Dr. Milam had identified. Mr.

Heath stated that his position of support was also shared

by seven out of the nine members of the UNR Alumni Associa-

tion Administrative Board.



Dr. Lombardi stated that in his opinion Dr. Milam had acted

within the authority delegated to him by the Board to admin-

ister the University and suggested that the Board had med-

dled too much in the administration of the University in

past few years and should limit its actions to governance

and policy.



Chairman Buchanan disagreed, stating that he believed that

the appointment was not in the best interests of the Univer-

sity and that it was a product of political and business

pressure and that a vote should be taken concerning Presi-

dent Milam's competency and a decision made either to retain

him or discharge him from that position.



Mrs. Knudtsen pointed out that President Milam was acting

within his authority to make such an appointment and the

discussion should not be extended beyond that question. She

stated that in her opinion Dr. Humphrey is the best person

to perform the consulting assignments identified by Dr.

Milam and he should be allowed to proceed.



Mr. John Buchanan expressed general agreement with Mr. Ross

and Mr. Karamanos, adding however that he believed that the

budget staff in the Chancellor's Office and the staff at UNR

should be assigned to do the jobs outlined by President

Milam. He stated that he did not believe any one person

could possibly accomplish all the assignments identified

within the maximum of six months that Dr. Milam had speci-

fied. He also stated that he believed such an expenditure

of contingency funds would damage the University's position

with the Legislature at the next session.



Mrs. Fong stated that she agreed that Dr. Milam had the

authority to make the appointment but suggested that he

perhaps used poor judgment and very poor timing. She sug-

gested that if anyone else had been hired, there would not

be all the debate.



Mr. Karamanos stated that in his opinion the question does

not concern the person who was hired but the way in which it

was handled, in that it was never brought to the Board prior

to the offer of the appointment and the commitment of the

funds.



Chairman Buchanan called for a motion to consider the com-

petency of President Milam. Dr. Anderson objected, suggest-

ing that prejudices were coming into the discussion a little

too strongly, and again stated that the contingency fund is

created to handle such extra expenses and that the President

acted within his authority to make such an appointment and

the person whom he chose to appoint was qualified to perform

the assignment.



Chairman Buchanan then called for a motion either to approve

or disapprove the appointment of Dr. Humphrey as a

consultant.



Mrs. Knudtsen moved approval of the appointment of Dr.

Humphrey. Motion seconded by Dr. Anderson, failed by the

following roll call vote:



Yes - Dr. Anderson, Mrs. Knudtsen, Mrs. Fong, Dr.

Lombardi

No - Mr. James Buchanan, Mr. John Buchanan, Mr. Ross,

Mr. Karamanos

Miss Mason was not present



Chairman Buchanan declared the motion to have failed since

it did not have the required five affirmative votes, and

interpreted the action to mean that Dr. Humphrey would not

be hired as a consultant.



There was further discussion to the effect that this action

did not preclude the offer and acceptance of a professional

position within the University System at such time as one

might be available. There was also agreement by the Chair-

man that if there is a clearly defined need for a consultant

and that need is brought before the Board and if it is

determined that Dr. Humphrey is the appropriate person to

provide the consulting service, then the matter could be

reintroduced.



Mr. Karamanos restated his motion to go into Personnel

Session to discuss the character, alleged misconduct,

professional competency, physical or mental health of a

person. Motion seconded by Dr. Anderson, carried without

dissent.



Meeting adjourned for a Personnel Session with an announcement by

the Chairman that the regular meeting would be reconvened at 1:30

P.M.



When the meeting reconvened, Chairman Buchanan announced

that a Personnel Session had been held but that no motions

or action of any kind had been taken.



Mr. Ross stated that he wished to go on record as expressing

his general dissatisfaction with UNR's Administration and

moved for the dismissal of President Milam. Motion seconded

by Mr. Karamanos, failed by the following roll call vote:



No - Dr. Anderson, Mrs. Fong, Mrs. Knudtsen, Dr.

Lombardi

Yes - Mr. James Buchanan, Mr. John Buchanan, Mr.

Karamanos, Mr. Ross

Miss Mason not present



Dr. Anderson asked that the letters read earlier by the

Chairman be made available to the public and the Press.

Chairman Buchanan agreed that he would do so.



Letters are as follows:



As a citizen and a taxpayer who happens also to be a

professor at UNR, I applaud your forthright honest

reaction to the absurdity of hiring Neil Humphrey in

any capacity when a new Chancellor has not been chosen.

Many faculty and students feel as I do, namely, that

spending $3,000 a month for a consultant is incompre-

hensible when we have insufficient funds for salary

increases or for the hiring of badly needed new facul-

ty. Further, such action violates every rule and code

of respectable educational administration. Signed/

Rosella Linskie, Ph. D.



I was pleased to read about your stand in the local

newspaper regarding Neil Humphrey and Max Milam. I

couldn't agree with you more when you stated "we do not

need Humphrey in any capacity." I feel just as strong-

ly regarding Max Milam. He is not the type of individ-

ual to run our institution here in Reno. I feel that

we have enough talent in our own State to fill the pos-

itions here at the University. I am with you 100%.

Signed/George M. Basta, President, National Oil and

Burner Co.



6. WNCC/Reno - Phase III



Mr. Harry Wood, System Architect, introduced Mr. Fred Dolven

who presented the design development drawings for Phase III

of the Reno Campus of WNCC. A review of the project scope

and budget was included with the agenda (identified as Ref.

21 and filed with permanent minutes).



President Davis recommended approval of the preliminary

plans as presented. Acting Chancellor Baepler concurred.



Dr. Lombardi moved approval. Motion seconded by Mr.

Karamanos, carried without dissent.



7. Departmental Name Change, UNLV



Dr. Baepler recommended that the name of the Department of

Mathmatics be changed to Department of Mathematical Sciences

effective July 1, 1978. It is believed, he stated, that

this will more accurately reflect the evolving scope of the

Department's programs. This past Spring, the College ap-

proved curricular changes that encourage specialization in

statistics, computer science and applied or pure mathematics

within the undergraduate mathematics major. At the same

time, the distinctiveness of these various disciplines was

recognized by instituting separate course prefixes (CSU,

STA, MAT), instead of retaining them all under the MAT

listings.



Mr. John Buchanan moved approval. Motion seconded by Mr.

Karamanos, carried without dissent.



8. Transfer of Funds, UNLV



Acting Chancellor Baepler requested approval of the follow-

ing transfer of funds:



Intercollegiate Athletics



#78-052 $10,552 from Reserve for Contingency to Direc-

tor's Office, Athletics, for purchase of training

supplies for all sports.



#78-053 $20,000 from Reserve for Contingency to Men's

Football for purchase of football supplies and

athletic equipment for Spring practice.



Mr. Ross moved approval. Motion seconded by Mrs. Knudtsen,

carried without dissent.



9. Bid Opening, Science Hall Remodeling



Acting Chancellor Baepler reported that bids were opened

December 20, 1977 for remodeling of the Science Hall for

the computing facilities. Bids were as follows:



Ponderosa Construction $106,309

Claude Cook Construction 134,475

Control Data Corporation 98,880



Dr. Baepler recommended that the low bid by Control Data

Corporation in the amount of $98,880 be accepted. Funding

is available from the $64,000 balance remaining of the mon-

ies provided by the Board of Regents and $34,800 from the

Computing Center Sales Account.



Mrs. Knudtsen moved approval. Motion seconded by Mr. Ross,

carried without dissent.



10. Tonopah Hall Improvements, Rebid



Bids were opened November 29, 1977 for remodel of Tonopah

Hall, with authority delegated to the Administration to

concur in the award of a contract, with the following

results:



Base Bid Alt A Alt B Alt C



Fremont Const. Inc. $64,400 $15,700 No bid $16,600

Casey's Const. Co. 63,665 16,975 $4,177 11,573

Stoddard Bldg. Co. 89,350 Unit price Cost + only 18,144

$15.16 sq. yd.

installed



Alternate A - Provide and install new carpeting

Alternate B - Provide and install carpet repair

Alternate C - Provide and install plastic laminated panels



Acting Chancellor Baepler reported that the State Public

Works Board had, with the concurrence of the University

Administration, awarded a contract for $80,100 to Fremont

Construction, Inc. for the base bid and alternate A.



11. Report of National Advisory Board



President Smith commented on the report from the National

Advisory Board for DRI which had been submitted following

the Board's annual visit to Reno in October, 1977. (Report

identified as Ref. 9 and filed with permanent minutes.)



Acting Chancellor Baepler recommended the report be accepted

and the Board's appreciation be extended to the members of

the National Advisory Board for their continued interest in

and support of the Institute.



Mrs. Knudtsen moved approval. Motion seconded by Mr. John

Buchanan, carried without dissent.



12. Request for Salary Adjustment



President Smith requested approval to adjust the annual sal-

ary of Dr. David Koch from $24,000 to $28,000, effective

January 1, 1978. He noted that Dr. Koch assumed the duties

of Acting Executive Director of the Bioresources Center in

September, 1977, and has also generated several large re-

search proposals that will be funded in the near future.



Mr. John Buchanan moved approval. Motion seconded by Mr.

John Tom Ross, carried without dissent.



13. Approval of Fund Transfer, DRI



President Smith requested approval of the following

transfer:



#78-002 $51,648 from the Contingency Reserve to Atmospher-

ic Sciences Center Weather Modification Project

Operating. An offsetting transfer has been made

from the salary account. Operating expenses will

be paid from State funds, with salaries to be paid

from Federal funds.



Acting Chancellor Baepler recommended approval.



Mrs. Fong moved approval. Motion seconded by Mr. Karamanos,

carried without dissent.



14. Revision of Estimative Budget, DRI



President Smith requested approval of the following revision

to the Estimative Budget for Atmospheric Sciences Center:



Current Revision Revised

Budget Requested Budget

Revenue

Indirect Cost Recovery $103,492 $55,291 $158,783



Expenditures

Salaries & Fringe Benefits $ 67,492 $ 67,492

Operating 36,000 $55,291 91,291

$103,492 $55,291 $158,783



Vice President Dawson explained that the additional funding

will be derived from Indirect Cost Recovery and will be used

to purchase equipment for the Air Monitoring Program. The

equipment which will be purchased for this purpose was orig-

inally purchased under a Nevada Power Company grant, with

that company retaining title to the equipment. The Insti-

tute now has a new grant from Nevada Power Company for a

Reid-Gardner Power Plant Study. This study will require

the same equipment as used previously and Nevada Power

Company will allow a 20% per year use allowance which will

permit the Institute to recover its investment in 5 years.

Acting Chancellor Baepler recommended approval of the

revision and purchase of the equipment as proposed without

going to bid.



Mrs. Knudtsen moved approval. Motion seconded by Mr.

Karamanos, carried without dissent.



15. Dental Hygiene Program, CCCC



President Bloyer reported that the American Dental Associa-

tion has granted "accreditation eligible" status to the

Dental Hygiene Program which begins at CCCC in January 1978.



16. Postretirement Appointments, CCCC



President Bloyer requested approval to offer postretirement

appointments for the 1978-79 academic year to the following:



Dr. Ernest Searles, Instructor in Economics

Mr. James Stacy, Welding Instructor

Mr. Jesse Stroud, Instructor in Mathematics



Mr. Ross moved approval. Motion seconded by Mrs. Fong,

carried without dissent.



17. Investment of Surplus Operating Capital, CCCC



Acting Chancellor Baepler noted that it is the policy of

the Board of Regents that interest earned from the temporary

investment of surplus operating capital be credited either

back to the account which generates the funds or to the

Board of Regents Special Projects Account, unless a specific

exception has been made by the Board. President Bloyer re-

quested that the Book Sales Account at CCCC, which has a

balance in excess of $100,000, be allowed to retain the

interest earned from the investment of these funds.



Acting Chancellor Baepler recommended approval, noting that

a recommendation for use of these funds will be developed

and submitted to a subsequent meeting of the Board.



Mr. John Buchanan moved approval. Motion seconded by Mrs.

Fong, carried without dissent.



18. Science Facilities, CCCC



President Bloyer explained the necessity for remodeling of

existing facilities at CCCC to accommodate the necessary

science facilities required by the instructional program.

Estimate of the cost to complete this work and the proposed

funding is as follows:



Project Budget

Construction



Building Work (including A/C, Elec., Plumbing) $188,500

Science Laboratory Casework 111,500

Contingencies 12,000

$312,000



A/E Design and Supervision 30,000

Furnishings and Equipment 8,000



Proposed Funding

Capital Improvement Fee Funds (CCCC)* $350,000



*Balance in account is $681,000



Dr. Bloyer requested authorization to proceed with the proj-

ect and to negotiate a contract for professional services

with the Architect of record, Daniel, Mann, Johnson and

Mendenhall. Acting Chancellor Baepler recommended approval.



Mrs. Fong moved approval. Motion seconded by Mr. Ross,

carried without dissent.



19. Revision of Estimative Budget for Food Service, CCCC



President Bloyer requested approval of the following revi-

sion to the Food Service Estimative Budget to adjust to the

deletion of the Meals on Wheels contract:



Current Revision Revised

Budget Requested Budget



Revenue

Opening Cash Balance $ 10,500 $ 7,565 $ 18,065

Revenue 509,965 291,965- 218,000

$520,465 $ 284,400- $236,065



Expenditures

Professional Compensation $ $ 6,060 $ 6,060

Classified Compensation 21,050 18,673- 2,377

Wages Compensation 2,472 32,878 35,350

Operating 392,127 204,762- 187,365

Out-of-State Travel 1,000 1,000

Ending Fund Balance 103,816 99,903- 3,913

$520,465 $ 284,400- $236,065



Acting Chancellor Baepler recommended approval.



Mrs. Fong moved approval. Motion seconded by Mr. Ross,

carried without dissent.



20. Report of Overdue Student Loans, CCD



A. CCCC - President Bloyer reported a total of $721.50 in

uncollectible student loans which he requested be

written off. (List of students and amount of loans

filed with permanent minutes, identified as Ref. 19A.)



B. WNCC - President Davis reported a total of $305 in

uncollectible student loans which he requested be

charged off. (List of students and amount of loans

filed with permanent minutes, identified as Ref. 19B.)



Acting Chancellor Baepler recommended approval, noting that

efforts will continue toward the collection of these loans

and holds will be placed on the records of the students

involved.



Mr. Karamanos moved approval. Motion seconded by Mr. Ross,

carried without dissent.



21. WNCC/Reno Parking



President Davis recalled that in October the Board concurred

in the proposal to construct additional parking at WNCC/Reno

which, although a part of the original contract documents,

was not completed due to insufficient funds. Bids were

opened December 6, 1977 with the following results:



Base Bid Alt A Alt B



Nevada Paving, Inc. $44,080 $ 8,400 $ 8,400

Robert Helms Const. Co. 47,800 12,900 11,950

T. E. Bertagnolli & Assoc. 49,600 No bid No bid

George Reed, Inc. 51,224 5,600 5,600



Alternate A - Add stairs and railings (easterly area)

Alternate B - Add stairs and railings (westerly area)



Dr. Davis reported that the State Public Works Board has

awarded a contract to Nevada Paving, Inc. for the base bid

and alternates A and B, for a total contract of $60,880.



22. Approval of Fund Transfers, WNCC



President Davis requested approval of the following fund

transfers:



#526 $15,000 from Contingency Reserve to O & M Services,

Operating, to cover increased cost of utilities for

the North Campus.



#527 $16,000 from Contingency Reserve to O & M Property

Rental, Part-time Professional Salary, for instruc-

tional costs associated with the Washoe County School

District In Service Education Program. This program

is offered in lieu of rental payments to the District

for classroom space.



Acting Chancellor Baepler recommended approval.



Mr. Karamanos moved approval. Motion seconded by Mrs. Fong,

carried without dissent.



23. Bid Opening, Installation of Low-Lead Gasoline Storage and

Dispenser, UNR



Bids were opened December 28, 1977 for installation of a

low-lead gasoline tank and dispenser at the UNR Motor Pool.

Bid results were as follows:



Bidder Base Bid Alternate Total



T & T Engineering $10,294 $3,000 $13,294

Petroleum Engineering 12,673 7,674 20,347



Alternate - Concrete paved area at the dispenser location



President Milam recommended that the Board of Regents concur

in the award by the State Public Works Board of a contract

to T & T Engineering for $13,294.



Dr. Lombardi moved approval. Motion seconded by Mrs. Fong,

carried without dissent.



24. Removal of Architectural Barriers, UNR



President Milam recalled that in November, the Board author-

ized the University Administration to award a contract for

removal of architectural barriers to be funded by a $99,500

grant from the Economic Development Administration. One bid

was received for $126,999 and a request was made to EDA to

negotiate with the single bidder. Upon approval by EDA, a

contract was negotiated with Nevada Builders, Inc., for

$98,674, including a change order to eliminate the walkway

from Palmer Engineering to Fleischmann Life Sciences Wing,

and elimination of the removal of the revolving doors in

Clark Administration.



25. Student Health Facility, Phase III



President Milam recalled that in November, the Board author-

ized the University to concur with the State Public Works

Board in its review of bids and award of a contract for the

completion of Juniper Hall remodeling to accommodate the

Student Health Services. Bids for this project have been

called for by the State Public Works Board and will be

opened January 12, 1978.



Dr. Anderson moved that the Board's delegation of authority

be extended forward so that a contract may be awarded by

the State Public Works Board without delay. Motion seconded

by Dr. Lombardi, carried without dissent.



26. Addition to Mackay Stadium



President Milam reported that bids were opened December 6,

1977 for an addition to Mackay Stadium, with the following

results:



Base Bid Alternate A



Nevada Builder, Inc. $612,800 $ 89,900

K-W Construction, Inc. 625,500 83,200

Walker Boudwin, Const. 657,981 99,898

Holcomb Const. Co. 672,500 107,598



Alternate A - Provide toilet rooms



All bids exceeded the construction budget and the State

Public Works Board rejected the bids and directed the

engineer to redesign the project with the new bid opening

set for January 24, 1978.



President Milam requested the Board to authorize a request

to the Interim Finance Committee for an additional $250,000

in State funds with which to complete the expansion of

Mackay Stadium. This will enable the State Public Works

Board to issue separate bid documents for that part of the

work deleted because of lack of funds.



Acting Chancellor Baepler concurred, noting that assurance

has been given to the Interim Finance Committee that such

approaches on behalf of the University will not be a regular

occurrence.



Mr. Ross moved approval. Motion seconded by Mr. Karamanos,

carried without dissent.



27. Morrill Hall Restoration



President Milam requested approval of a loan of up to

$160,000 from the UNR Capital Improvement Fee Fund to the

UNR Alumni Association to allow the Morrill Hall Restora-

tion Project to proceed. He noted that the project is

estimated to cost $543,243, with $389,000 of that amount

available, and the balance pledged but not yet on hand.

Dr. Milam reported that the Capital Improvement Fee Fund

presently has a usable balance in excess of $900,000 and

sufficient funds will be added to the account to insure

that all commitments against the account will be met dur-

ing the loan period. Repayment by the Alumni Association

will be made by July 1, 1979. The loan will carry a 6%

rate of interest. Acting Chancellor Baepler recommended

approval.



Dr. Anderson moved approval of the loan but specified

that no interest be charged. Motion seconded by Dr.

Lombardi, carried with Mrs. Fong opposing.



28. Departmental Name Change



President Milam requested approval to change the name of the

Office of Alumni Relations and Development to "Alumni and

University Relations". He noted that additional functions

have been placed within this office, including the Office of

Information. Dr. Harry Gianneschi, who is responsible for

this office will be retitled Director of Alumni and Univer-

sity Relations. Acting Chancellor Baepler recommended

approval.



Mr. Ross moved approval. Motion seconded by Dr. Lombardi,

carried without dissent.



29. "Lake's Crossing" Sculpture



President Milam recalled that earlier this year, the Board

accepted Mr. John Sheridan's sculpture in metal, known as

"Lake's Crossing", as a gift from the Board of County Com-

missioners of Washoe County. It has since been determined

that the County is not empowered to divest itself of prop-

erty acquired through tax dollars by gift. Accordingly, the

District Attorney's Office has asked that the Board of

Regents enter into an agreement (contract of sale) whereby

the University would purchase the work of art in consider-

ation of the sum of $10.



President Milam and Acting Chancellor Baepler recommended

the Board authorize such an agreement in order to effect

the transfer of interest.



Mrs. Fong moved approval. Motion seconded by Mr. Ross,

carried without dissent.



30. Recommendation for Appointment with Tenure



President Milam recommended that Ernest Mazzaferri, M. D.,

be granted tenure as a condition of employment as Professor

and Chairman of the Department of Medicine in the School of

Medical Sciences, effective July 1, 1978.



Dean Thomas Scully reviewed Dr. Mazzaferri's vita (identi-

filed as Ref. 30 and filed with permanent minutes) and urged

the Board's approval of the award of tenure.



Mr. Karamanos moved approval. Motion seconded by Dr.

Lombardi, carried with Mr. John Buchanan opposing. Mr.

Buchanan noted that his vote was based on his opposition

to tenure, not to the appointment of Dr. Mazzaferri.



31. Sabbatical Leaves for 1978-79



Nevada Revised Statutes and Board of Regents policy provide

for the number of sabbatical leaves which may be awarded

each year. Utilizing the concept which has been followed

in previous years, the maximum leaves allocated for 1978-79

are: 11 for UNR, 7 for UNLV, 3 for CCCC, 1 for NNCC, 3 for

WNCC, 1 for DRI and for the Unit.



A. University of Nevada, Las Vegas - President Baepler

recommended the seven sabbatical leaves available to

UNLV be granted to the following (summary of proposed

projects contained in Ref. 31A, filed with permanent

minutes):



Claude Warren, Professor of Anthropology

Craig Walton, Professor of Philosophy

Marie-France Hilgar, Associate Professor of Foreign

Languages

Arlen Collier, Associate Professor of English

Rosemary Anderson, Professor of Education

Malcolm Graham, Professor of Mathematics

Virko Baley, Associate Professor of Music

Alternates: Henry Sciullo, Professor of Marketing

William Alsup, Associate Professor of

Chemistry

Rudolf Koester, Professor of Foreign

Languages



B. University of Nevada, Reno - President Milam recommends

the eleven sabbatical leaves available to UNR be granted

to the following (summary of proposed projects contained

in Ref. 31B, filed with permanent minutes):



Eugene Grotegut, Professor of Foreign Languages

Donald L. Hardesty, Associate Professor of Anthropology

Thomas L. Harrington, Associate Professor of Psychology

Sven O. Loevgren, Professor of Art

Robert A. Manhart, Professor of Electrical Engineering

Robert Merrill, Associate Professor of English

Linda W. Peterson, Associate Professor of Health

Sciences

Elmer Rusco, Professor of Political Science

William T. Scott, Professor of Physics

Chris Unterseher, Associate Professor of Art

Robert Winzeler, Associate Professor of Anthropology

Alternates: John C. Houghton, Associate Professor of

Geology-Geography

Edward E. Loveless, Professor of Education

Robert F. Peterson, Professor of Psychology

William Metz, Associate Professor of

Journalism



C. Clark County Community College - President Bloyer

recommended the three sabbatical leaves available to

CCCC be granted to the following (summary of proposed

projects contained in Ref. 31C, filed with permanent

minutes):



Barbara Agonia, English

James Keeton, Mathematics

John Rosich, Business



D. Western Nevada Community College - President Davis

recommended the three sabbatical leaves available to

WNCC be granted to the following (summary of proposed

projects contained in Ref. 31D, filed with permanent

minutes):



Dee Stroub, Psychology

N. Jean Pontrelli, English

Larry W. Crandall, Learning Resources



E. Desert Research Institute - President Smith recommended

the one sabbatical leave available to DRI be granted to

Clinton Case, Associate Research Professor in Water

Resources Center. Dr. Case plans to spend his leave

writing a book on "Flow Through Porous Media".



F. Unit - Acting Chancellor Baepler recommended the one

sabbatical leave available to the Unit be granted to

Harry Paul Wood, Architect, for one year beginning

October, 1978. Mr. Wood plans to spend the year at the

Technische Universitat Munchen (West Germany), engaged

in the following activities:



(1) Research in the planning and design of complex

facilities utilizing a consciously articulated

approach to the problem-seeking and -solving

process, and



(2) Teaching planning and design under the direction

of the Dean and Faculty of the Department of

Architecture.



G. Northern Nevada Community College - President Berg re-

ported that no applications were received from faculty

at NNCC.



Mrs. Knudtsen moved approval of the sabbatical leaves as

recommended. Motion seconded by Mr. Karamanos, carried

without dissent.



32. Supplement to Litigation Fund



Acting Chancellor Baepler requested an additional allocation

of $15,000 from the Board of Regents Special Projects Ac-

count to the Litigation Fund established to handle fees and

expenses of Special Counsel. He noted that in addition to

funds required for retention of Special Counsel which is

being requested in the following agenda item, the supplement

is needed to help defray expenses of the NCAA/Tarkanian lit-

igation and a subsequent appeal to the Supreme Court.



Mr. Karamanos moved approval. Motion seconded by Mr. Ross,

carried with Mrs. Fong opposing.



Mr. Karamanos requested that a report be presented to the

February meeting concerning the UNLV Senate's action regard-

ing the NCAA.



33. Retention of Special Counsel



Mr. Lessly reported concerning the status of the Univer-

sity's claims against the Hughes estate and requested that

the Board authorize the law firm of Paul, Hastings, Janofsky

& Walker of Los Angeles to proceed with litigation to estab-

lish the claim of the University of Nevada against the es-

tate of Howard R. Hughes, Jr., in the State of California

with respect to the Hughes-UNR Medical School contract

payments.



Mrs. Knudtsen moved approval. Motion seconded by Dr.

Lombardi, carried without dissent.



34. Claim of Margaret Bailey



Acting Chancellor Baepler reported that a claim had been

filed against the State of Nevada and the University by

Margaret Bailey (copy of claim identified as Ref. 34 and

filed with permanent minutes). Dr. Baepler concurred in the

recommendation of University Counsel that no action be taken

by the Board at this time other than to acknowledge receipt

of the claim.



Dr. Lombardi moved that the claim be acknowledged without

further action. Motion seconded by Mrs. Knudtsen, carried

without dissent.



35. Summer Session Budgets for 1978



Acting Chancellor Baepler requested approval of the follow-

ing 1978 Summer Session budgets for UNR, WNCC and UNLV:



1978 Summer Session, UNR



Source of Funds

Opening Cash Balance $ 75,000

Student Fees 456,700

Total $531,700



Application of Funds

Instruction

Professional Compensation $353,631

Classified Compensation 46,022

Wages 2,500

Operating 40,895

Total Instruction $443,048



Academic Support

Professional Compensation $ 45,152

Out-of-State Travel 5,000

Total Academic Support $ 50,152



Grants-in-Aid $ 27,500



Contingency Reserve $ 6,000



Closing Fund Balance $ 5,000



TOTAL $531,700





1978 Summer Session - WNCC-North



Revenue

Opening Cash Balance $ 10,135

Student Fees 24,000

Total $ 34,135



Expenditures

Professional Compensation $ 19,500

Operating 500

Ending Fund Balance 14,135

Total $ 34,135





1978 Summer Session, UNLV



Source of Funds

Opening Cash Balance $ 60,000

Student Fees 577,000

Total $637,000



Application of Funds

Professional Compensation $553,423

Classified Compensation 13,827

Wages 250

Operating 22,000

Grants-in-Aid 15,000

Out-of-State Travel 2,500

Ending Fund Balance 30,000

Total $637,000



Dr. Lombardi moved approval. Motion seconded by Mrs.

Knudtsen, carried without dissent.



36. Revision of Deferred Fee Payment Policy



Acting Chancellor Baepler recommended amendment of the de-

ferred fee payment policy to include deferred payment of

room and board costs as well as registration fees. Current

policy is as follows:



All fees are due and payable at registration. Upon

request, a student registering for seven credits or more

may enter into a contract for the delayed payment of

fifty percent of the assessed registration fee (and

tuition) during Fall or Spring semesters only. The

second payment shall be paid not later than Friday of

the sixth week of instruction. There shall be no grace

period beyond that date. Any unpaid balance on a

deferred fee payment shall become a student accounts

receivable on the due date and be treated as an official

fee hold for future registration and transcription

privileges. A penalty fee of $5 per $100 (or fraction

thereof) of the unpaid balance shall be charged each

deferred fee payment student who does not pay the total

amount by the due date.



It is recommended that this policy be amended to include

deferred payment of room and board costs as well as

registration fees. Revised policy statement would be as

follows:



Contracts for deferred payment of room and board costs

and preregistration fees which are in excess of $200 are

available during the registration period. Approximately

one half of the total due is payable upon registration.

The balance is due and payable not later than Friday of

the sixth week of instruction. This option is available

during the Fall and Spring semesters only. Any unpaid

balance on a deferred fee payment becomes a student ac-

counts receivable on the due date and is treated as an

official fee hold for future registration and transcript

privileges.



A penalty fee of $5 per $100 (or fraction thereof) is

charged on the deferred balance not paid by the due

date.



Mr. John Buchanan moved approval. Motion seconded by Mr.

Karamanos, carried without dissent.



37. Interview and Recruiting Expense Funds



Acting Chanceller Baepler requested an allocation of $26,020

from the Board of Regents Special Projects Account to pro-

vide supplemental funds to the Interview and Recruiting Ex-

pense Funds for 1978, as indicated below:



Present Allocation Total for

Balance Requested 1978



UNR $6,789.00 $ 8,211.00 $15,000.00

UNLV 4,947.22 10,052.78 15,000.00

DRI 1,255.24 3,744.76 5,000.00

CCCC 2,950.04 1,049.96 4,000.00

NNCC 937.55 1,062.45 2,000.00

WNCC 1,100.86 1,899.14 3,000.00

Unit 2,850.63 -0- 2,850.63

$26,020.09



Mrs. Knudtsen moved approval. Motion seconded by Dr.

Anderson, carried without dissent.



38. Proposed Amendment to University Code



The University Code requires that amendments to that docu-

ment shall first be referred to all Senates for considera-

tion and recommendation, and that at least two months shall

be allowed for such consideration before action is taken by

the Board of Regents.



President Smith submitted a proposed amendment, endorsed by

the DRI Faculty Senate, as follows:



SECTION 3.5 Economic Security Provisions for Desert

Research Institute Faculty



3.5.1 DRI faculty are not eligible for appointment to

tenure; however, it is the policy of the University

that these members shall enjoy the maximum security

which can be provided consistent with the method of

financing the Institute. Pursuant to this objective,

the minimal length of written notice of termination

will be related to length of employment and rank

within the Institute as follows:



One working day of notice for each calendar month of

service for all Rank 0 and Rank I personnel; one

working day of notice for each calendar month of

service plus 20 working days for Rank II personnel;

one working day of notice for each calendar month of

service plus 40 days for all Rank III personnel; one

working day of notice plus 60 working days for Rank

IV personnel. There will be a minimum of 10 working

days to any employee whose term of employment in the

institute is less than 10 calendar months. The max-

imum amount of notice benefit that an employee may

accrue shall not exceed one calendar year. Accrued

annual leave shall not be considered a part of the

termination period and will be subject to separate

cash reimbursement unless expended during the ter-

mination period by mutual consent of the terminated

employee and the Institute.



3.5.2 Any involuntary termination is subject to review by

an ad hoc committee of the Faculty Senate. Upon no-

tification of such termination, the Executive Commit-

tee of the Faculty Senate will, within one week, ap-

point said ad hoc review committee unless receiving

a written request to desist from the terminated

employee. The committee shall consist of at least

three faculty members chosen from throughout the

institute. However, persons employed within the

center of the terminated individual shall not be

eligible to serve. The ad hoc committee will then

conduct a full review of the case. Review consid-

erations shall include all items regarding termina-

tions contained in Sections 2.1.4 and 3.4.3 of the

University of Nevada System Code. In addition, par-

ticular attention will be given to the employee's

past and potential contributions to the Institute.

The ad hoc committee will then forward a report and

recommendation to the President, whose decision will

be final.



3.5.3 The center Executive Director, in consultation with

the DRI President, shall decide whether a profes-

sional contract shall be discontinued. The faculty

member shall be given notification in writing by the

Executive Director and the President.



Acting Chancellor Baepler noted that by inclusion on this

agenda, this proposed amendment is referred to all other

Senates with consideration and action by the Board scheduled

for the March 17 meeting.



39. Selection of Distinguished Nevadans



Acting Chancellor Baepler recalled that in November, the

Board discussed the application of Nevada's Open Meeting Law

to the selection by the Board of Distinguished Nevadans, and

requested an opinion be sought from the Attorney General.

The letter received in response to that request (identified

as Ref. 40 and filed with permanent minutes) essentially

agreed with the advice offered by Counsel Lessly that delib-

erations concerning designation of Distinguished Nevadans

may be conducted in private only if they involve the char-

acter, alleged misconduct, professional competence, or

physical or mental health of a person under consideration.

Actual vote on the award to a recipient must be taken in a

Public Session of the Board.



It was agreed that this advice from the Attorney General

would permit the discussion of candidates for Distinguished

Nevadan and for honorary degrees to be discussed in a Closed

Session, as long as the vote concerning such awards is

handled in Open Session. Accordingly, it was determined

that consideration of these awards would occur at the March

meeting. Regents were encouraged to forward their nomina-

tions to either the University Presidents or to the Chancel-

lor's Office. Nominations will also be solicited from the

Campuses.



40. Nevada Postsecondary Committee for Continuing Education



Acting Chancellor Baepler reported concerning the creation

of a voluntary Nevada Postsecondary Coordinating Committee

for Continuing Education, in which the Universities and the

Community Colleges would participate, along with represent-

atives from the State Department of Education and Sierra

Nevada College. A statement concerning the goals and pur-

poses of the committee was included with the agenda (iden-

tified as Ref. 41 and filed with permanent minutes).



41. Fall Enrollment Reports



Enrollment of full-time-equated and head count students at

each of the Campuses was included with the agenda (identi-

fied as Ref. 42 and filed with permanent minutes). The

1977-78 Fall total net FTE for WNCC/South was changed from

from 634 to 711.



42. Work Program Augmentation



Acting Chancellor Baepler reported that Social Work grants

awarded to UNR and UNLV by the State Welfare Division have

exceeded the amounts budgeted in the 1977-78 Work Program

and require the following augmentation of that Work Program

in order that the funds may be expended:



Additional Revised

1977-78 Amount of 1977-78

Work Program Grant Work Program



UNR Social Work Grant $ 32,000 $36,802 $ 68,802



UNLV Social Work Grant $130,000 $35,698 $165,698



Dr. Baepler recommended approval by the Board and authori-

zation to request this augmentation from the Budget Office.



Mr. Karamanos moved approval. Motion seconded by Mrs. Fong,

carried without dissent.



43. Imperial Lead Mine



President Milam requested, as an emergency item, considera-

tion of a proposal to purchase the Imperial Lead Mine for

$30,000, with this amount to be paid at the rate of $10,000

down and $2,000 per year. He recalled that approval had

originally been granted for a lease-purchase of this proper-

ty for $50,000.



Mr. Karamanos moved approval. Motion seconded by Mrs. Fong,

carried without dissent.



44. UNR Marching Band



Mr. Ross recalled the earlier discussions concerning the

establishment of a marching band for UNR and moved that Dr.

Milam and he be authorized to appoint an ad hoc committee

in the Reno area to promote such a band and to identify

its costs. Motion seconded by Mrs. Fong, carried without

dissent.



45. New Business



A. Mrs. Fong spoke about the proposed Rebel Statue and re-

quested a report at the next meeting on how the Univer-

sity had arrived at such a narrow concept of a piece of

sculpture without consultation of all the student body,

faculty members, the Art Department and all of the Col-

leges concerned. She noted that she had a petition

signed by over 800 students and faculty opposed to the

statue.



Dr. Baepler pointed out that this is totally a CSUN

project, but agreed that he would ask Scott Lorenz,

CSUN President, to report on the status of the project

at the February meeting.



B. Mr. Karamanos asked about the status of collective bar-

gaining. Dr. Baepler recalled that an ad hoc committee

had proposed amendments to the Board's policy statement

under which collective bargaining could occur, and that

those proposed amendments have been under review in the

Chancellor's Office. That review has been completed and

a copy of the analysis by staff, an opinion by Counsel,

and the Administration's recommendations will be dis-

tributed to the Officers and Senates and consideration

by the Board will be scheduled in February if the Sen-

ates' responses have been received in time; otherwise,

it will be scheduled for the March meeting.



C. Mr. John Mc Caskill asked what kind of recruiting is

done by the instructional Divisions to attract out-of-

state students and students from economically and cul-

turally disadvantaged backgrounds to Nevada's institu-

tions. It was agreed that information concerning this

would be made available to Mr. Mc Caskill by the in-

structional Divisions.



The meeting adjourned at 4:15 P.M.



Mrs. Bonnie M. Smotony

Secretary to the Board

01-06-1978