08/03/1981

UCCSN Board of Regents' Meeting Minutes
August 3-4, 1981








08-03-1981

Pages 10-35

BOARD OF REGENTS

UNIVERSITY OF NEVADA SYSTEM

August 3, 1981



The Board of Regents met on the above date in the Pine Auditorium

in the Travis Student Union, University of Nevada, Reno.



Members present: Mr. Robert A. Cashell, Chairman

Mr. James L. Buchanan, II

Ms. Frankie Sue Del Papa

Mrs. Lilly Fong

Mrs. Dorothy Gallagher

Mr. John R. Mc Bride

Mr. John Tom Ross

Mrs. June Whitley



Members absent: Mr. Chris Karamanos



Others present: Chancellor Robert M. Bersi

President William Berg, NNCC

President Joseph Crowley, UNR

President Jack Davis, WNCC

President James Eardley, TMCC

President Judith Eaton, CCCC

President Leonard Goodall, UNLV

President Clifford Murino, DRI

Special Counsel C. Robert Cox

Secretary Bonnie Smotony



Also present were Faculty Senate Chairs and Student Association

Presidents.



The meeting was called to order by Chairman Cashell at 10:35 A.M.



1. Approval of Consent Agenda



Adoption of the Consent Agenda, containing the following

items, was recommended (Consent Agenda identified as Ref.

A and filed with permanent minutes):



(1) Approval of minutes of meetings of May 29, June 5,

June 12, June 25 and July 21, 1981.



(2) Acceptance of gifts and grants.



(3) Appointment of the following persons to the Citizens

Advisory Commitee for the College of Agriculture for

the period 1981-84:



La Var Young, Austin

Joseph Barotrelli, Battle Mountain

William Heise, Minden

Ken Lee, Panaca

Roger Bezayiff, Yerington



Appointment of Martha Agee of Wells to fill the unex-

pired term of John Connelly for 1981-82, and of

William Davidson to the Senior Advisory Board.



(4) Approval of a request for leave without pay for Dr.

Kenneth Knudson, Associate Professor of Anthropology,

for 1981-82 and 1982-83 academic years for the purpose

of accepting a two-year appointment as a Visiting

Professor in Guam.



(5) Approval of the sale of 30 shares of stock in the

Archer-Daniels-Midland Company given to UNLV by

Senator William Hernstadt for the support of the

Intercollegiate Athletics program.



(6) Approval of the appointment of Marjorie Ann Barrick

as a member of the UNLV Foundation Fund Board.



(7) Approval of the addition of Dale F. Schulke, Acting

Vice President for Administration, DRI, as an author-

ized signature on the DRI revolving petty cash ac-

count and the removal of Mark H. Dawson.



(8) Appointment of Regent Del Papa as Regent-liaison to

the TMCC Advisory Board.



(9) Approval of the lease by NNCC of the Home Arts build-

ing at the Elko County Fairgrounds for 80 days at a

cost of $21.25 per day, plus heat. This building

would replace the Armory now being used.



(10) Augmentation of Host Funds for 1981-82 by the alloc-

ation of the following amount from the Board of Re-

gents Special Projects Account:



UNR $4000

UNLV 4000

DRI 4000

TMCC 2000

CCCC 2000

WNCC 2000

NNCC 2000

Unit 3000

Board of Regents 5000

School of Medicine 2500



Upward adjustments may be requested during the course

of the year if monitoring of the accounts indicates

that augmentation is required.



(11) Allocation of $2685 from the Board of Regents Special

Projects Account for the annual dues for the Associ-

ation of Community College Trustees and the Associ-

ation of Governing Boards.



(12) Augmentation of special accounts from the Board of

Regents Special Projects Account:



UNLV Interview and Recruiting Account $10,000

Unit Interview and Recruiting Account 5,000

Student Body Presidents' Travel Account 5,000

Chancellor's Office In-State-Travel Account 5,000



And $1059.39 allocated to fund the remaining charges

incurred in the study of the census which was conduct-

ed at the request of the Board by Dr. Eleanore Bush-

nell.



(13) Exceptions to Purchasing Policy



A. Approval of an exception to the purchasing policy

to allow CCCC to negotiate with construction firms

for the cleanup and repair of damage resulting

from a fire which occurred on July 14. The cost

of this repair work is estimated at between

$100,000 and $250,000.



B. Approval of an exception to the purchasing policy

to allow CCCC to upgrade its computing equipment

as recommended by the Data Processing Policy and

Planning Board. This would allow for the acquisi-

tion of a new computer system, model 750, plus

peripherals and software.



President Eardley requested that Item number 8, the appoint-

ment of Regent Del Papa to the TMCC Advisory Board, be with-

drawn and that all Regents are invited to join the Advisory

Board.



Ms. Del Papa moved approval of the Consent Agenda, with the

change requested by President Eardley. Motion seconded by

Mrs. Gallagher, carried without dissent.



2. Appointment of General Counsel



Chancellor Bersi reported that the deadline for receipt of

applications for this position was July 15, 1981, and that

he wished to recommend Mr. Donald F. Klasic for appointment

as General Counsel, effective August 24, 1981, at an annual

salary of $43,700. Copy of vita filed with permanent min-

utes.



Mr. Mc Bride moved approval. Motion seconded by Mrs. Fong,

carried without dissent.



Chancellor Bersi further recommended that the firm of

Walther, Key, Maupin, Oats, Cox, Lee and Klaich continue

as special counsel for approximately 90 days to assist in

the handling of the backlog of work.



Mrs. Gallagher moved approval. Motion seconded by Mrs.

Fong, carried without dissent.



3. Proposed Amendment of Board of Regents Bylaws



Chancellor Bersi reported that advice has been received

from Counsel that the Board of Regents could take advantage

of the following provision of the Nevada Open Meeting Law

(as contained in the Open Meeting Law Manual, 3rd Edition,

December, 1980), which allows telephone conference calls:



Nothing in the Open Meeting Law appears to prohibit

members of a public body from discussing public busi-

ness via a telephone conference call in which a quorum

of members are simultaneously linked to one another

telephonically. However, since this is a "meeting",

the notice requirements of the Open Meeting Law must

be complied with and the public must have an opportuni-

ty to listen in on the discussions and votes taking

place. This may be accomplished by including in the

meeting notice the location and address of a place

where members of the public may appear and listen to

the meeting over a telephone speaker device.



Dr. Bersi therefore requested consideration of the follow-

ing amendment to the Board of Regents Bylaws to permit the

gaining of a quorum by telephonic hookup:



Article II, Section 5



d. A quorum of the Board shall be 5 or more members,

who may be either physically present or available

by telephonic hookup, provided that if a quorum

is gained by telephonic hookup, there are arrange-

ments for clear communication between the speaker

and others present at the meeting so that all par-

ticipants in the meeting are adequately informed

concerning the proceedings. Any official action

of the Board shall require at least 5 affirmative

votes.



Chancellor Bersi emphasized that the 3-day notice of meet-

ings would still be required and that any meetings held

under the proposed amendment would be open to the public.

He further stated that telephonic meetings would probably

be rarely used, but would permit the gaining of a quorum

under special circumstances such as the case of the recent

special meeting held for the purpose of authorizing the

sale of bonds for the sports pavilions.



It was agreed that a demonstration of this technique would

be arranged for the August 28 meeting, at which time the

proposed amendment would come before the Board as an action

item.



4. Report of Investment Advisory Committee



In the absence of Mr. Karamanos, Mrs. Fong Chaired the

Investment Advisory Committee and presented the following

report:



The Investment Committee met to receive reports and recom-

mendations from managers of endowment funds and submits

the following recommendations for approval by the Board:



(1) Recommendations by First Interstate Bank that avail-

able cash be invested to purchasing the following:



1,000,000 U. S. Treasury Notes

14 1/2% due 5-15-91

Approximate Price 97M

Approximate Value 970,000

Anticipated Income 145,000

Market Yield 14.8



1,000,000 U. S. Treasury Bonds

15 7/8% due 7-15-83

Approximate Price 100M

Approximate Value 1,000,000

Anticipated Income 158,750

Market Yield 15.9



1,000,000 U. S. Treasury Bonds

13 7/8% due 5-15-2011

Approximate Price 96M

Approximate Value 960,000

Anticipated Income 138,750

Market Yield 14.2



(2) Recommendation by Security National Bank for sale of

the following securities:



Trade Approx. Antic. Market Gain/

Units Security Price Price Income Yield Loss



150 Motorola 66 9,900 240 2.2 561-

500 G. D. Searle 33 16,500 260 1.6 6,145

200 Pfizer 47 9,400 320 3.3 416

200 Combustion Eng. 40 8,000 320 4.2 219-



43,800 1,140 2.6 5,781



Mrs. Whitley moved approval of the report and approval of

the Committee's recommendations. Motion seconded by Mrs.

Gallagher, carried without dissent.



5. Report of Audit Committee



Regent Whitley presented the following report of the Audit

Committee:



The Audit Committee met on August 3, 1982 to accept the

following reports:



(1) Harry Miltenberger of Kafoury, Armstrong and Company

presented their engagement plan and related informa-

tion with respect to the examination of the University

of Nevada System financial statements for the year

ended June 30, 1981. He explained that the examina-

tion will be made in accordance with generally accepted

auditing standards and will include such tests of the

accounting records and such other auditing procedures

as considered necessary in the circumstances.



(2) Mr. Miltenberger also discussed the audit requirements

for the Office of Management and Budget Circular A-110.

This federal regulation provides for uniform adminis-

trative requirements for Colleges, Universities and

other nonprofit institutions which receive federal

grants, contracts or other awards.



The Committee recommends acceptance of Mr. Miltenberger's

report and requests the allocation of $42,000 from the Board

of Regents Special Projects Account to fund this audit.



Mrs. Gallagher moved acceptance of the report and approval

of the Committee's recommendation. Motion seconded by Mrs.

Fong and carried without dissent.



6. Report of Budget Committee



Regent Del Papa presented the following report on the meet-

ing of the Budget Committee:



The Budget Committee met and makes the following recom-

mendation:



(1) Adoption of the 1981-82 Operating Budget including

authorization to see approval of augmentation of

$78,474 for the Cooperative Extension Service and

$117,568 for the Agricultural Experiment Station

which represents federal funds received.



(2) It is recommended that effective July 1, 1981, the

unencumbered balance in the Board of Regents Special

Project Account be utilized in the following manner:



(a) 1/3 to be maintained in the Board of Regents

Special Projects Account and, together with 1/3

of the annual earnings from the temporary invest-

ment of surplus capital not otherwise allocated,

be utilized as directed by the Board of Regents

for such purposes as the Board shall specify,

but shall normally be expended in instances where

use of State funds is not appropriate or permis-

sible, or where funds are not available from

other sources for the purposes intended.



(b) 1/3 of the unencumbered balance as of June 30,

1981, be used to establish a Regents Endowment

Development Account. The earnings of this new

account, together with 1/3 of the annual earnings

from the temporary investment of surplus capital

not otherwise allocated, continue to accrue to

the Regents Endowment Development Account. This

account shall be under the control of the Board

of Regents to assist them in their expressed ob-

jective of developing major independent financial

support for the University of Nevada System.



(c) 1/3 of the unencumbered balance as of June 30,

1981, be used to establish a System Management

Development Account, to be administered by the

Chancellor, for the purpose of assisting the

Chancellor in carrying out the Regents' charge

to administer the University of Nevada System.

1/3 of the annual earnings from the temporary

investment of surplus capital not otherwise

allocated shall continue to accrue to the System

Management Development Account.



Mrs. Gallagher moved approval of the recommendations con-

tained in the Budget Committee Report. Motion seconded by

Mr. Mc Bride, carried without dissent.



7. Request for Payment of Accrued Annual Leave



Chancellor Bersi reported that former Chancellor Baepler

has requested and received a "B" contract for the 1981-82

academic year. Board policy provides that an employee con-

verting from an "A" to a "B" contract shall be compensated

for unused accrued annual leave. Dr. Baepler has, there-

fore, requested payment for 48 days of accrued annual leave.

Dr. Bersi requested that an allocation of $8755.68 be au-

thorized from the Board of Regents Special Projects Account

to compensate Dr. Baepler.



Mrs. Fong moved approval. Motion seconded by Mr. Mc Bride,

carried without dissent.



8. Organization of Chancellor's Office



Dr. Bersi reported that as a result of his discussions with

members of the Board of Regents and the Campuses, he believ-

ed that academic affairs coordination, academic master plan-

ing and articulation between the Campuses should be given a

very high priority. He, therefore, recommended a shift in

emphasis from the position of Vice Chancellor for Legal

Affairs to a Vice Chancellor of Academic Affairs. He stat-

ed that this position would be advertised with the hope of

filling it in the Spring of 1982. In the meantime, Dr.

Warren Fox, an ACE fellow, would carry on the academic

affairs function in the Chancellor's Office.



Mrs. Fong moved approval. Motion seconded by Mr. Mc Bride,

carried without dissent.



9. Sales Resolutions for Revenue Bonds



Vice Chancellor Mark Dawson requested adoption of the

following sales resolutions for $2,000,000 for the UNLV

Hotel and Business Administration building and $2,200,000

for the CCCC Learning Resource Center:



RESOLUTION #81-5



A resolution designated by the short title "10-1-81

(CCCC) Public Sale Resolution"; authorizing the public

sale of the securities of the University of Nevada,

designated as the "University of Nevada System, Com-

munity Colleges Student Fees Revenue Bonds, Series

October 1, 1981", in the principal amount of $2,200,000,

for the construction, other acquisition, and improve-

ment of a building, structures, and other facilities,

equipment and furnishings therefor, other appurtenances,

for the Learning Resources Center, Clark County Communi-

ty College; providing the forms of the notices of such

sale; providing for giving notice of the sale and other

details in connection therewith; and repealing all

resolutions in conflict herewith.



RESOLUTION #81-6



A resolution designated by the short title "10-1-81

(UNLV) Public Sale Resolution"; authorizing the public

sale of securities of the University of Nevada, desig-

nated as the "University of Nevada System, Universities

Student Fees Revenue Bonds, Series October 1, 1981", in

the principal amount of $2,000,000, for the construc-

tion, other acquisition, and improvement of a building,

structures, and other facilities, equipment and fur-

nishings therefor, and other appurtenances, for the

Business and Hotel Administration building, Phase I,

University of Nevada, Las Vegas; providing for giving

notice of the sale and other details in connection

therewith; and repealing all resolutions in conflict

herewith.



Mr. Ross moved approval of the above resolutions and fur-

ther moved that all rules of the Board of Regents which,

unless suspended, might prevent the final passage and

adoption of the foregoing resolutions at this meeting be

suspended for the purpose of permitting the final passage

and adoption of the resolution at this meeting. Motion

seconded by Mr. Mc Bride, carried without dissent.



10. Marching Bands, UNR and UNLV



At the June 12 meeting, UNR and UNLV were directed to return

with a report and recommendations for future permanent

funding for the marching bands. A revenue and expenditure

analysis for the years 1979-80 and 1980-81, as developed

by Vice Chancellor Dawson, was presented (identified as

Ref. C and filed with permanent minutes).



President Goodall stated that Brad Rothermel, UNLV Athletic

Director, would make the UNLV report on the marching band

and President Crowley stated that due to the absence from

the Campus of the Director of the UNR Marching Band, the

UNR report would be forthcoming at the August 28 meeting.



Mr. Rothermel reported that it has been determined that

approximately $170,000 is needed on an annual basis for the

support of a band, beginning with the 1982-83 year. The

State already provides $90,000 (basically for salaries),

leaving approximately $80,000 to be funded by other means.

The marching band itself would take on the responsibility

of raising $20,000 by gifts and various events such as

concerts and the UNLV Intercollegiate Athletic Council

would provide $60,000 from its general operational budget.

After the first year, about 3/4 of the support would come

from the Intercollegiate Athletic Council.



Regent Del Papa voiced her concern that there had not been

a firm long-range proposal presented and it was the inten-

tion of the Board that the bands not be coming back in the

years to come for additional funding.



Chairman Cashell agreed that a request should not be forth-

coming next year and requested that Presidents Crowley and

Goodall research by the August 28 meeting to see if ticket

increases need to be implemented since a firm pattern on

how to fund the bands must be established.



President Goodall agreed that the source of the $60,000

coming from the Athletic Department had not as yet been

determined, stating that it might come from ticket sales,

parking, or several other places. He added that the

Athletics Department does understand its responsibilty

for a portion of the budget.



11. Nursing Challenge Grant



It was reported that the 1981 Legislature provided $33,000

for each year of the 1981-83 biennium, as matching funds to

a $100,000 per year contribution from the Nevada Hospital

Association to augment funds available for Nursing educa-

tion, particularly in the Associate Degree programs. Pro-

vision of the funds by the Legislature and Hospital Associ-

ation anticipated a matching allocation each year of the

biennium by the Board of Regents. A University Association

Committee has met to develop an understanding of how the

funds are to be allocated among the institutions offering

Associate Degree programs. In order that this funding be

available to the institutions as needed, it was requested

that the Board allocate a total of $100,000 from the Board

of Regents Special Projects Account to match the funds

provided by the Legislature and the Nevada Hospital Associ-

ation.



Motion by Ms. Del Papa that the Regents provide the match-

ing funds from the Special Projects Account. Motion sec-

onded by Mr. Mc Bride.



President Crowley pointed out that UNR is the only insti-

tution with a Nursing program not benefiting from this grant

since it goes to 2-year programs only. He stated that re-

search had shown that there are 72 Nurses locally with ADN

degrees that would like to pursue a baccalaureate degree

but UNR cannot provide for their need. Long-term emphasis

cannot be placed on ADN. The Chancellor's Advisory Cabinet

discussed and recommends that the Committee which prepared

the recommendations to the Chancellor for disbursement of

funds for this grant be reconstituted and charged with mak-

ing recommendations in the long term direction of Nursing

programs in the System and State in order to provide for

System planning.



Chairman Cashell supported the proposal, stating that

articulation between Community Colleges and UNR needs to

be studied since there is a real problem with the transfer

of credit. He agreed that this type of grant could cause

problems if an overall study is not done.



Regent Del Papa suggested that part of the motion be that

this study be ongoing and that the Committee report back

to the Board at some future date.



Motion carried without dissent.



12. Ski Report



In response to a request made by the Board at the June 25,

1981 meeting, President Crowley presented a report concern-

ing the discontinuance of the UNR Ski Team. He called at-

tention to a memo showing the estimated cost of the Ski

Team Program and funding from 1981 through 1984 (memo on

file with permanent minutes). He further indicated that UNR

had included the Ski Team in its budget request; however,

the budget was initially cut in the Governor's Office and

once again by the Legislature. The Intercollegiate Athletic

Deprtment received a 4.7% increase, although, with the ris-

ing costs and salaries, it was actually a decrease in funds

available. Additionally, two other problems arose: 1) no

classified salary increases for Intercollegiate Athletics

were included and these had to be funded from the 4.7% over-

all increase, and 2) No additional grants-in-aid funds were

received although the out-of-state tuition was increased

30% and the per-credit fee increased by $4.



President Crowley also pointed out that while the discon-

tinuance of the Ski Team has received a great deal of pub-

licity, there were also serious reductions in other pro-

grams, including Philosophy, Physics, Freshman Composition

and Engineering; all caused by budget limitations.



Dr. Crowley stated that he had many discussions with

representatives from the community who have interest in

the Ski Program and that he had informed them that in his

opinion the 3 following conditions would have to be met

prior to the program being reinstated: 1) there must be

a long-range plan for funding with assurances that the pro-

gram would be supported over several years; 2) there must

be increased State support so that the program is not fund-

ed exclusively by private donations; and 3) a plan on how

private funding would be secured and assurances given that

private fund raising would not interfere ith the Wolf Club.



The following persons spoke in favor of reinstating the Ski

Team, emphasizing the need and importance to this area and

students:



Wayne Paulson - graduate of the class of 1937, member

of the first UNR Ski Team and later its

coach.



Mark Schonard - supporter of the Ski Program.



Don Steinmeyer - Chairman of the Board of a ski-racing

academy at Incline Village.



Mike Rowe - Douglas County District Attorney,

speaking as a private citizen and coach

of the Douglas County Ski Team; a five

year member of the UNR Ski Team and a

representative of the USA on a ski team

in Europe.



Lynn Johnson - A 1957 graduate of UNR and a 3-year

letterman of the UNR Ski Team.



Chancellor Bersi also read the following telegram received

from Governor List indicating his support of the Ski Team.



I would like to lend my personal support to efforts to

save the Winter Collegiate Ski Program at the University

of Nevada, Reno. The University Ski Program has long

been a source of community interest and pride. UNR has

a well earned reputation as a national leader in Inter-

collegiate skiing. Its program has consistently been

one of the most active and successful in the country.



More than that, however, skiing has always been an ex-

tremely popular and important Winter recreation. Thou-

sands of people come to Reno each year to ski. In fact,

many students are attracted to UNR because of the Winter

recreation opportunities here. A group of Ski Team

boosters, recognizing the budget constraints faced by

the University Athletic Department is organizing fund

raising efforts to help continue the Ski Program. I

urge you to support this worthwhile community effort.

The discontinuing of the Ski Program would be a loss,

not only to the University, but to the entire State.



Thank you for your consideration.



Regent Del Papa stated that she believed that if a strong,

active drive is made in the community for this program,

people will contribute. She suggested that perhaps the

Board would make a matching contribution.



Regent Buchanan stated that he believed Dr. Crowley is cor-

rect and that realistically the Legislature is not going to

give the Athletic Program much support, financially or

otherwise, with the budget problems in other areas. He

proposed that the Board fund this program for one year and

that the ski-supporters, with the help of Legal Counsel,

set up an endowment so that the program can continue for-

ever. He did not believe that the Legislature should be

depended on two years from now.



Regent Mc Bride disagreed with this, stating that the

Women's Tennis Program was discontinued and the Board can-

not start allocating funds to all these programs.



Regent Buchanan moved that the Board fund the Ski Program

for 1981-82 in the amount of $30,000 as a one-time item,

that a foundation be set up and that a quarter-million

dollars be raised as a permanent endowment to the Ski Pro-

gram. This endowment must be established within a year or

the program would be discontinued.



President Crowley discussed his priorities for funding,

suggesting that if all programs were listed, the Ski Pro-

gram, as important as he feels it is, would still be well

down the line. He stated that the academic areas have been

cut to the bone and that more support in the academic areas

is needed. He stated, however, that he would work with any

committee established by the Board.



Regent Buchanan withdrew his motion but wished to state for

the record that he will vote against any funding for the

Ski Team that does not include a permanent endowment.



Chairman Cashell requested Dr. Crowley to appoint a commit-

tee, using the 5 persons who had appeared before the Board,

to develop a firm program so that action on this item can

be taken at the August 28, 1981 meeting.



Dr. Crowey stated he would appoint such a committee, but

wished to point out to the community that this does not

imply that this is a statement of the Board's or Univer-

sity's priorities.



13. Proposed Suit of College of Agriculture Cooperative

Extension Employees



Mr. Larry Hicks, attorney for 5 employees of the University

of Nevada Agricultural Extension Service, appeared on behalf

of John Pursel, A. Z. Joy, Gerri Lunsford, Irving Hackett

and Wallace Petersen, explaining that when these people were

employed by the University, they were required to partici-

pate in both the Nevada Retirement System and the Federal

Retirement System. Over the years, they have complied with

this requirement and have contributed to both retirement

systems.



Mr. Hicks explained further that in 1977, the Nevada Legis-

lature enacted AB 335 which limited the Extension workers'

participation in the State Retirement System to a maximum

of 23 years of employment. Because most of the employees

represented will have worked for the University in excess

of 30 years upon reaching retirement age, they will lose

the additional retirement benefits which they would have

accrued in their last years of employment.



Mr. Hicks stated that in his opinion it was unlawful for the

State to alter retirement benefits after an individual has

been employed and made contributions for many years of em-

ployment, and reported that due to a recent Supreme Court

opinion in support of this position, these 5 employees are

now preparing to file a legal challenge against the 1977

law. The proposed suit will be against the PERS Board and

the State. Because the University is the employer in this

case, it will also be a necessary party to this litigation,

and it is therefore hoped that the Board will join in and

support these employees as plaintiffs in the action.



Mr. Hicks explained that the lawsuit will be patterned

after a suit dealing with similar issues wherein the Nevada

Supreme Court upheld a legal challenge against the same

law as it applied to peace officers. Essentially, the

Court held that pension rights are part of the public em-

ployment contract and only under exceptional circumstances

can the Legislature alter those rights. Applying the

Supreme Court's rationale to these 5 University employees,

their retirement rights were firmly vested long before the

Legislature attempted to change them in 1977.



In the discussion following, it was pointed out that the

University is a necessary party in the suit and will there-

fore have to participate either as a defendant or as a

plaintiff. It was also noted that the University has

previously taken a position opposing the provisions of

this legislation when it was proposed to the 1977 Session.



Mr. Hicks stated that he intended, on behalf of his clients,

to first request the Retirement Board to take steps to set

aside the 23-year limitation in light of the Supreme Court's

decision. If the request is denied or if there is no re-

sponse within a reasonable time, then he would proceed with

the necessary legal challenge, in which, he said, he hoped

the Board of Regents would join.



Mr. Cox concurred with Mr. Hicks' assumption that the Board

would be involved, either by joining in the suit on behalf

of the plaintiffs, or by being named as defendant, adding

that there would be no appreciable difference in costs to

the University.



President Crowley stated that for the record, he wished to

urge the Regents to agree to the University's participation

as a plaintiff in this matter, adding that he believed that

the institution had an obligation to support the University

employees involved. Mr. Ross concurred and urged that the

necessary steps be taken to provide that support.



Mrs. Gallagher moved that the Board of Regents join as

plaintiffs in this suit. Motion seconded by Mrs. Fong,

carried without dissent.



The Board adjourned for lunch, with the meeting reconvening at

1:45 P.M.



14. Extension of Sierra Nevada Job Corps Contract



President Crowley reported that the Department of Labor has

advised the University of its intent to renew the cost re-

imbursement-type prime contract with UNR on the operation

of the Sierra Nevada Job Corps Center through August 31,

1983, with provision for an additional one-year extension.

The current prime contract became effective May 1, 1978,

terminating August 31, 1981.



All terms and conditions of UNR's current agreement with

the Department of Labor, including current inplace re-

sponsibilities, lines of authority, and channels of com-

munication remain unchanged in this proposed prime contract

renewal. There are no substantive changes in the statement

of work or other contractual requirements. The total con-

tract is in the amount of $10,253,949. Of this total,

$3,363,896 covers services supplied by the University and

the $6,890,053 is for the required operational subcontract

with Management Training Corporation, a private contractor.



President Crowley stated that the Job Corps program has been

a beneficial one to the University and he recommended that

the Board approve the new agreement, effective September 1,

1981.



Ms. Del Papa moved approval. Motion seconded by Mr.

Buchanan, carried without dissent.



15. Funding for Academic Support Services



President Crowley reported that in order to meet the com-

mitment to offer equal educational opportunities to members

of a diverse student population, an academic skills program

is needed. Prior to 1980-81, support services were provided

for disadvantaged, minority and handicapped students with

funds obtained through a Special Services Grant. In 1980,

the student registration fees were increased by $1 and 10

cents of the added dollar for each undergraduate credit was

allocated to expand the tutorial program so that tutoring

could be available to needy students who do not qualify

for federal programs. Now that federal funding has been

terminated, this 10 cents per undergraduate credit is the

only source of funding for the reading, writing, tutorial

and study skills program and is inadequate to meet the

needs. He requested an allocation of $25,000 from the Board

of Regents Special Projects Account to purchase the audio-

visual equipment (film strips, cassettes, films, etc.) and

computer assisted instructional programs to supplement the

individual and group tutoring program.



Ms. Del Papa moved approval of this request. Mr. Mc Bride

moved to amend the motion to include $25,00 for each Campus.



President Goodall stated that he would prefer to come back

at a later time with a proposal for UNLV.



Motion to amend was not seconded. Mr. Ross seconded the

original motion. Motion failed with the following roll

call vote:



Yes - Ms. Del Papa, Mrs. Gallagher, Mr. Ross, Mr.

Cashell

No - Mr. Buchanan, Mrs. Fong, Mr. Mc Bride, Mrs.

Whitley



Mr. Buchanan moved to table this item until UNR and UNLV

both come back to the Board with a proposal. Motion sec-

onded by Mr. Mc Bride, carried without dissent.



Mr. Cashell asked Chancellor Bersi to report back to the

Board at the August 28, 1981 meeting.



16. Final Drawings for the Mackay School of Mines Building



Mr. Brad Van Woert of the architectural firm of Sheehan,

Haase and Van Woert presented a report concerning the Mackay

School of Mines building. He indicated that this 67,500

square foot building had already gone to bid.



Mr. Buchanan questioned by what authority this building had

gone to bid prior to the Board approving the final plans.



Mr. Van Woert stated that the bids had been advertised at

the direction of the State Public Works Board and he added

that he believed the reason for this was due to the high

rate of inflation.



Chairman Cashell deferred any further discussion of this

building until later in the day when the firm could have

drawings available for inspection by the Board.



17. Contract Change for UNLV Athletic Director



President Goodall requested that the UNLV Athletic Director,

Brad Rothermal, be granted a 2-year contract since he cur-

rently has neither tenure nor academic rank. This change

would be consistent with the policy at many other Univer-

sities.



Mr. Buchanan moved for approval subject to it containing

the usual buy-out provision. Motion seconded by Mrs. Fong,

carried without dissent.



18. Loan from Student Union Reserve Fund



President Goodall reported that UNLV plans to enter into a

contract with the EPA that will require the use of approxi-

mately 4000 square feet in an available area of the build-

ing which houses the museum. He requested approval to use

$100,000 from the Student Union Reserve Fund for the re-

modeling of the space, with the loan to be repaid with in-

terest at the prevailing rate from the overhead derived

from the EPA contract.



Mr. Ross moved approval of the request. Motion seconded by

Ms. Del Papa, carried without dissent.



Ms. Del Papa suggested that if the Student Union has a

reserve fund, perhaps a portion of it could be used to do

some maintenance/repair work on the Union. President

Goodall stated that he agreed that there are several build-

ings on Campus that need work and it is being scheduled for

the near future.



19. UNLV Appointment for Chancellor



President Goodall stated that it was the desire of UNLV to

offer Chancellor Bersi an appointment as Professor of Edu-

cational Administration and Higher Education (tenured), add-

ing that this appointment would be consistent with the

Chancellor's Statewide responsibilities.



Mrs. Whitley moved approval of this appointment. Motion

seconded by Mrs. Gallagher, carried with Mr. Ross opposing.



20. Amendment to DRI Bylaws



President Murino requested amendment to the DRI Bylaws to

provide changes to Section 2.2 which defines the various

categories of professional appointments at DRI. The pro-

posed amendment establishes 4 ranks within the Research

Associate category parallel to the ones already in exist-

ence in the Research Professor catetory. Text of proposed

amendment contained in Ref. D (filed with permanent min-

utes).



Mrs. Gallagher moved approval of the amendment. Motion

seconded by Mr. Buchanan, carried without dissent.



21. Proposed Changes in Administrative Titles at CCCC



President Eaton requested that this item be withdrawn from

consideration at this time.



22. Associate Dean, Henderson Center, CCCC



Regent Buchanan stated that it had been his intention to

recommend the appointment of Ms. Betty Scott as Associate

Dean of the Henderson Center; however, with the withdrawal

of the previous item establishing the title, this obvious-

ly was not possible. However, he added that there were 3

persons in attendance from Henderson who wished to speak to

this subject and asked that they be heard.



The first speaker was Bill Horn, a Clark County school

teacher and part-time staff member of CCCC. Mr. Horn stated

that he would like the Mayor and City Councel of Henderson

to be able to make recommendations for membership on the

Advisory Board with appointment to be made by the Board of

Regents from the recommendations made.



Mr. Cashell stated that he would have a real problem turn-

ing this over to the City Council and Mayor.



Mr. Horn went on to say that he would like to see the larger

CCCC Advisory Board replaced with a smaller permanent Board

that would meet on a regular basis and advise President

Eaton on the desires and needs of the Henderson area.



Mrs. Gallagher stated that she was concerned with having

advisory boards for every Center, such as Battle Mountain,

Ely, Winnemucca and so forth. She stated that in her opin-

ion each Community College should have one advisory board

composed of representatives from the areas it services.



President Eaton stated that it was her intention to meet

with the existing Henderson Advisory Committee as well as

the Clark County Community College Advisory Board, speak

to the issue of appropriate representation of key areas

within the service district and come back with a recommenda-

tion. She also stated that she was not opposed to the idea

of increasing the number of representatives from Henderson

from 3 to a larger percentage of the total 17-person

Advisory Board.



Mr. Gary Johnson, a member of the Henderson Advisory Com-

mittee, also spoke in favor of the establishment of a

Henderson Advisory Board in order that the representatives

from the community might be more aware of decision being

made that affect the Center.



Caesar Caviglia spoke of his concern with the recent ad-

ministrative changes made at the Henderson Center and the

fact that the people of Henderson who have supported this

Center did not have input into the decision-making process.



Regent Buchanan asked that the establishment of a separate

advisory board for the Henderson Center be placed on the

August 28 agenda and asked President Eaton to come back with

a recommendation at that time.



23. 4-H Camp Lease



Mr. Cox reported that he had reviedwed the lease with Alta

Sierra for use of the 4-H Camp in Douglas County for the

period from Labor Day to June 1. It was his opinion that

the Board should first adopt a resolution stating that this

property was not needed for the stated time and then the

availability of the property advertised. He stated that

Vice President Jessup is presently working on lease speci-

fications in order that the property could be put out to

bid and suggested that a lease agreement and recommendation

be brought back to the Board at the end of the bid period.



Ms. Del Papa moved approval of the following resolution.

Motion seconded by Mrs. Fong, carried without dissent.



RESOLUTION #81-7



THE BOARD OF REGENTS of the UNIVERSITY OF NEVADA SYSTEM

hereby makes the following resolution in light of the

facts:



1. Under NRS 550.070, the Board of Regents of the

University of Nevada System, upon the recommenda-

tion of the Director and the State 4-H Camp Ad-

visory Council and with the approval of the Gover-

nor, may lease any parcel or parcels of real

property composing the State 4-H Camp when such

land can no longer serve the purpose and intent

of NRS Chapter 550: State 4-H Camp Institute

and Exihibit.



2. The Director of the Agricultural Extension Depart-

ment of the Public Service Division of the Uni-

versity of Nevada System and the State 4-H Camp

Advisory Council have made a determination that

it is advisable to lease the State 4-H Camp locat-

ed in Douglas County, Nevada during those periods

when the facility is not required for immediate

use or occupancy by 4-H members or other youth

organizations.



3. During the period from Labor Day of each year

until June 1st of the following year the State

4-H Camp is closed and therefore does not serve

the purpose and intent set forth in NRS 550.030.



4. A lease of the State 4-H Camp in Douglas County,

Nevada during those periods when the Camp is not

being used will provide in kind improvements for

the further development of the Camp and/or funding

for the operations of said Camp.



NOW THEREFOR, it is hereby,



RESOLVED: That the UNIVERSITY OF NEVADA SYSTEM should

attempt to lease the State 4-H Camp located at Douglas

County, Nevada during those periods when the Camp is

not required for use or occupancy by 4-H members or

other youth organizations under terms and provisions

established by the Director and the State 4-H Camp

Advisory Council, provided that any funds or in kind

payment received under such lease is used for the

further development and operations of the present State

4-H Camp and further provided that such lease is sub-

ject to the approval of the Board of Regents and the

Governor of the State of Nevada.



24. NNCC Student Housing Lease



President Berg requested that the proposed land lease with

Thomas Eck III be deferred until the August 28 meeting.



25. Expenditures from NNCC Capital Improvement Fee Fund



President Berg requested approval of the use of $15,000 from

the NNCC Capital Improvement Fee Fund to complete various

Campus improvements as follows:



1. Culvert pipe between the auto shop and agriculture

storage shed to permit landscaping the rest of the Elm

Street portion of the Campus - $4000



2. Gravel for the agriculture equipment storage shed

yard, a portion of the diesel shop area, and an on-

Campus road - $5500



3. Fencing around the agriculture equipment shed and

portion of the diesel shop area and a barb wire

perimeter fence around the animal pasture on Campus -

$5500



Mrs. Whitley moved approval. Motion seconded by Mrs.

Gallagher, carried without dissent.



26. Expenditures from WNCC Capital Improvement Fee Fund



President Davis requested approval of the use of $166,032

from the WNCC Capital Improvement Fee Fund for various

projects at the Fallon Center and Carson City Campus as

follows:



Fallon Center



a. Security chain link fence with two gates on wheels on

east and west sides behind shop area - 240 lineal feet

- $6,000



b. Scrap metal and landscape equipment storage area - 12

x 24 feet - $4,000



Carson City Campus



a. Modifications in the Learning Resources Unit, specif-

ically in the graphics, media and circulation areas -

$15,108



b. Relocation of Campus Photography Lab - $14,500



c. Completion of Mobile Ceramics Lab - $7,390



d. Renovation of Room 333 into a science preparation

and dry lab - $24,030



e. Construction of bus, automobile and motorcycle driver

training area - $72,000



f. Purchase and installation of I-beam monorail chain

hoist for the welding shop - $5,550



g. Art work display area - $5,148



h. Relocation and installation of faculty mail boxes -

$700



i. Purchase and installation of financial aids and

counseling receptionist center with accompanying

secretarial work stations - $4,200



j. Renovation and remodeling of the College's general

reception area and Student Services service area.

Improvements include construction of storage areas,

receiption counter/work station, wall repair and

new lounge furniture - $7,406



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

carried without dissent.



27. Appointment of Architect for WNCC Projects



President Davis requested the appointment of Maurice Nespor

and Associates to prepare estimates and plans for the fol-

lowing projects at the Carson City Campus:



1. The construction of handicapped outside entry and exit

areas for the Carson City Campus.



2. Remodeling of the present Art room into a Child Care

Center.



3. Design of a new Art facility.



Mr. Ross moved approval of this appointment. Motion sec-

onded by Mrs. Gallagher, carried without dissent.



Discussion resumed on Item 16. Final Drawings for Mackay School

of Mines Building



Mr. Van Woert presented the complete drawings for the

building. He indicated that the exterior appearance is

the same as it was at the presentation of the design de-

velopment drawings. He indicated that substantial changes

had been made on the interior floorplan at the direction

of UNR Administration and School of Mines.



Ms. Del Papa moved approval of the final drawings. Motion

seconded by Mrs. Gallagher, carried without dissent.



28. New Business



A. Regent Del Papa suggested the following items be re-

solved and/or considered by the Board at a later time:



(1) The legal audit should be commenced as soon as

possible.



(2) The Presidents should come back to the Board with

a proposal for the maintenance of computing equip-

ment located in the various Campus Departments.



(3) The audit staff, Vice Chancellor Dawson and Chan-

cellor Bersi were requested to meet with Presidents

Davis and Eardley to resolve the problems encoun-

tered with students selling promotional items on

Campus.



(4) Chancellor Bersi was requested to discuss a Regents

Scholarship Program with his Advisory Cabinet and

to bring a proposal back to the Board.



(5) The Faculty Senate representatives should get

together to input ideas into the Faculty Exchange

proposal.



B. Mrs. Fong suggested the following items:



(1) Asked Chancellor Bersi to contact the UNLV Alumni

Association concerning their new scholarship and

recruiting drive.



(2) Requested President Goodall to investigate the

possibility of using the proceeds from the sale

of the Hernstadt stock gift as a permanent endow-

ment for the Marching Band.



The meeting adjourned at 3:20 P.M.



Bonnie M. Smotony

Secretary of the Board

08-03-1981