October 6-7, 1994
10-06-1994
Pages 1-49
BOARD OF REGENTS
UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA
October 6-7, 1994
The Board of Regents met on October 6-7, 1994 in Rooms 7, 8 and
9, in Berg Hall, Northern Nevada Community College, Elko.
Members present: Dr. James Eardley, Chairman
Mrs. Shelley Berkley
Dr. Jill Derby
Mrs. Dorothy S. Gallagher
Mr. Madison Graves, II
Dr. Lonnie Hammargren
Mr. Daniel J. Klaich
Mrs. Nancy Price
Mrs. Carolyn M. Sparks
Mrs. June F. Whitley
Members absent: Mr. Joseph M. Foley
Others present: Interim Chancellor John Richardson
President Anthony Calabro, WNCC
President Joseph Crowley, UNR
Interim President Kenny Guinn, UNLV
Interim President David Hoggard, CCSN
President Ron Remington, NNCC
President James Taranik, DRI
Vice President Rita Gubanich, TMCC
Mr. Donald Klasic, General Counsel
Mr. Ron Sparks, Vice Chancellor
Mrs. Karen Steinberg, Interim Vice Chancellor
Ms. Mary Lou Moser, Secretary
Also present were Faculty Senate Chairmen (or their representa-
tives) Richard Finn (WNCC), Chris Gaub (Unit), Scott Hawkins
(NNCC), Dan Mc Clure (TMCC), Barbara Nelson (CCSN), Marsha
Read (UNR), James Stivers (UNLV), and Richard French (DRI),
and Student Association Officers.
Chairman Eardley called the meeting to order at 9:40 A.M.,
Thursday, October 6, 1994, with all Regents present except
Regents Berkley, Derby, Foley, Hammargren and Klaich.
1. Approved the Consent Agenda
Approved the Consent Agenda, which contained the following
(see Ref. A, filed in the Regents' Office):
(1) Approved the minutes of the special meeting held
July 20, 1994 and the regular meeting held August
25-26, 1994.
(2) Approved the appointment of Dr. Dan Grubic to the TMCC
Advisory Board.
(3) Approved the Handbook changes, Chapter 16, Sections
8, 9 and 19, Requirements for Graduation for CCSN, UNR,
NNCC, TMCC, WNCC and UNLV:
A. CCSN, NNCC, TMCC, WNCC, Chapter 16, Section 8,
Paragraph 3:
Students may select either the catalog year under
which they initially enrolled or the year under
which they will complete the curriculum require-
ments for an Associate Degree or a Certificate
of Achievement. (If a degree is offered for the
first time after a student has enrolled, the stu-
dent may choose the catalog year in which the de-
gree or major was first offered.) In no case may
students use a catalog which is more than six (6)
years old at the time of graduation.
B. UNLV, Chapter 16, Section 19, Number 1:
1. Choice of Catalog to Satisfy Graduation Re-
quirements for UNLV Students:
a. A student enrolled at a UCCSN institution
who has not officially changed majors may
elect to graduate under the catalog of
the year of enrollment in a baccalaureate
level program or the year of graduation.
b. Students who officially change their major
with the registrar's office may choose the
catalog of the year of the latest change
of major or the year of graduation.
c. Whichever catalog is used, it cannot be
more than 10 years old at the time of
graduation.
C. UNR, Chapter 16, Section 18, Number 1:
1. a. A student enrolled at a UCCSN institution
may elect to graduate under the catalog
of the year of enrollment in a baccalau-
reate-level program or the year of gradu-
ation.
b. Students who change their major must
choose the catalog of the year of the
latest change of major or the year of
graduation.
c. Whichever catalog is used, it cannot be
more than 10 years old at the time of
graduation.
d. In the case of UCCSN transfer students,
any exceptions to this policy will be
handled by the Transfer Center and the
transfer agreement contract process.
(4) Approved a Handbook change, Title 5, Chapter 6,
Chapter III, Section 18, Guidelines for Unranked
Position, UNLV, as contained in Ref. C-1, filed in the
Regents' Office.
(5) Approved a Self-Supporting Budget at UNR, as follows:
School of Medicine, Surgery
Surgery Practice Income
To Be Established
1994-95
Estimate
RESOURCES:
Opening Account Balance $ 0
Revenue:
Practice Income 115,588
TOTAL SOURCE OF FUNDS $115,588
EXPENDITURES:
Professional Salaries $100,000
Fringe Benefits 15,588
TOTAL EXPENDITURES $115,588
ENDING ACCOUNT BALANCE $ 0
TOTAL USE OF FUNDS $115,588
(6) Approved a Handbook change, Title 5, Chapter 1,
3.2.2.2, Specific Procedures, CCSN Bylaws:
The College President shall receive a recommendation
regarding the granting of tenure from a Peer Review
Committee, the Administrator to whom the faculty or
Administrator reports, and/or the appropriate Dean.
The Peer Review Committee will be constituted of
tenured faculty members who do not hold administra-
tive appointment. The Peer Review Committee shall
be composed of one member of the faculty selected
by the candidate for tenure, one member of the faculty
selected by the Administrator to whom the candidate
for tenure reports, and one member of the faculty who
shall be acceptable to both the candidate and the
Administrator mentioned above.
(7) Approved the assignment as provided under Section X
of the lease entered into on April 25, 1985, with
DRI for the property described as Lots I and II, Block
1, Longacres Park Tract 1. The assignment requested
is to Robert Joel Feinstock from Jacob and Eyra Bekhor
and Billy H. Mathews. This assignment is necessary to
allow the sale of the business, University Car Wash,
located on the property.
(8) Approved the following to be included as Section 1.3
of Title 4, Chapter 11, Codification of Board Policy
Statements, Desert Research Institute:
3. In conformance with NRS 396.7953, the Board of
Regents hereby specifically states and declares
that it is not bound by, among other provisions,
NRS 286.3007.
Ref. C-2 is filed in the Regents' Office.
(9) Approved the following interlocal agreements:
A. UCCSN Board of Regents/WNCC and the Nevada Division
of Wildlife (Interlocal Contract)
Effective Date: July 1, 1994 to September 30, 1995
Amount : $6000 to WNCC
Purpose : Ecological Survey of Mountain
Yellow-Legged Frog in Nevada.
B. UCCSN Board of Regents/TMCC and the State Job
Training Office (Interlocal Contract)
Effective Date: July 1, 1994 to June 30, 1995
Amount : $34,000 to TMCC
Purpose : Displaced Homemaker Program.
C. UCCSN Board of Regents/DRI and the Nevada Division
of Environmental Protection (Interlocal Contract)
Effective Date: October 1, 1994 through December
31, 1995
Amount : $65,000 to DRI
Purpose : Urban strategy for the Truckee
Meadows Non-Profit Instream Flow
Bank.
D. UCCSN Board of Regents/UNR and the Nevada State
Health Division (Interlocal Contract)
Effective Date: September 1 to November 30, 1994
Amount : $24,750 to UNR
Purpose : Community Health Surveys for com-
munities of Elko, Eureka, Storey,
Lyon, Esmeralda, Mineral and Clark
Counties, Carson City and Bullhead
City, Arizona.
E. UCCSN Board of Regents/UNR and the Nevada State
Health Division (Interlocal Contract)
Effective Date: August 1, 1994 to March 31, 1995
Amount : $3000 to UNR
Purpose : Report to be developed on study of
interdisciplinary practice models
and barriers to the use of mid-
level practitioners such as nurse
practitioners and midwives in com-
munity based primary care.
F. UCCSN Board of Regents/UNR and Nevada Army National
Guard (Interlocal Contract)
Effective Date: Date approved by Board of Regents,
until September 30, 1995
Amount : $6300 to UNR
Purpose : UNR to conduct plant, animal and
bird field surveys at Stead Train-
ing Site/Lemmon Valley Marsh to
ensure that actions of National
Guard do not negatively affect
these resources.
G. UCCSN Board of Regents/UNR and the Division of
Environmental Protection (Interlocal Contract)
Effective Date: August 1, 1994 through December
31, 1996
Amount : $107,000 to UNR
Purpose : Irrigation with Drainwater for
Ecological Risk Reduction: Demon-
stration, Technology Transfer,
Training and Public Education.
H. UCCSN Board of Regents/UNR and the Division of
Child and Family Services (Interlocal Contract)
Effective Date: July 1, 1994 through June 30, 1995
Amount : $69,564 to UNR
Purpose : 3/4 time Statewide Training Co-
ordinator and 1/2 time Administra-
tive Assistant to develop inte-
grated, focused, effective train-
ing program that meets assessed
training needs of employees who
provide child welfare services.
I. UCCSN Board of Regents/UNR and the Division of
Child and Family Services (Interlocal Contract)
Effective Date: July 1, 1994 through June 30, 1995
Amount : $28,575 to UNR
Purpose : Secondary Prevention of Abuse and
Neglect for the Children of Ado-
lescents in Foster Care: Partners
in Parenting.
J. UCCSN Board of Regents/School of Medicine and the
Nevada State Health Division (Interlocal Contract)
Effective Date: April 1, 1994 to March 31, 1995
Amount : $26,235 to School of Medicine
Purpose : Activities funded under this con-
tract will include programs for
School of Medicine as follows:
Generalist Initiative; Area
Health Education Center; Medical
Student Rotations; MEDEX Physi-
cian Assistant Training Program;
Family Practice Residents; and
Office of Rural Health.
K. UCCSN Board of Regents/School of Medicine and Divi-
sion of Mental Hygiene and Mental Retardation
(Interlocal Contract)
Effective Date: July 1, 1994 to June 30, 1995
Amount : $2,557,906 to School of Medicine
Purpose : Psychiatric care, treatment and
training of Division's clients.
L. UCCSN Board of Regents/UNR Cooperative Extension
and Clark County (Interlocal Contract)
Effective Date: Date approved by Board of Regents
and the Clark County Board of
County Commissioners, for one
year.
Amount : $32,779 to Cooperative Extension
Purpose : Desert Ecosystems and the Tortise
M. UCCSN Board of Regents/UNR Cooperative Extension
(Interlocal Contract)
Effective Date: Date approved by Board of Regents,
until July 30, 1995
Amount : $24,466 to UNR
Purpose : Preventive Health Services Educa-
tion Projects.
N. UCCSN Board of Regents/Nevada Cooperative Extension
Lander County (Interlocal Contract)
Effective Date: August 1, 1994 through December
31, 1996
Amount : $48,000 to Cooperative Extension
Purpose : Subsurface Drip Irrigation of
Alfalfa in Nevada.
O. UCCSN Board of Regents/UNR and the Crisis Call
Center, Inc. (Lease Agreement)
Effective Date: February 1, 1995 to January 31,
2005 (10 years)
Amount : Crises Call Center will make its
facilities and business avail-
able to UNR's students as part
of UNR's educational programs,
as mutually agreed upon by the
parties.
Purpose : Lease of residence and garage
located at 1061 Evans Avenue,
Reno.
P. UCCSN Board of Regents/UNR and Jack Douglass and
Channel 5 Public Broadcasting (Loan and Guarantee
Agreement)
Effective Date: Date approved by Board of Regents
Amount : To induce Douglass to guarantee
the loan and collateralize the
same, UNR conditionally guarantees
to Douglass the full payment of
the loan.
Purpose : Loan guarantee for final stages
of a capital campaign to raise
funds to construct Channel 5
facility.
Q. UCCSN Board of Regents/UNR and Sierra Pacific
Power Company (Grant of Easement)
Effective Date: Date approved by Board of Regents
Amount : $1 to Board of Regents
Purpose : Easement for Sierra Pacific to
furnish underground electrical
to UNR building on Virginia and
17th Street in Reno.
R. UCCSN Board of Regents/CCSN and Nevada Power
Company (Easement)
Effective Date: Date approved by Board of Regents
Amount : $1 to CCSN
Purpose : Grant of Easement to carry out
Nevada Power Company operations at
the Cheyenne Campus.
Mrs. Whitley moved adoption of the Consent Agenda and ap-
proval of the prepared agenda with the authority to change
the order of times as specified throughout the meeting.
Mrs. Gallagher seconded. Motion carried.
2. Introductions
President Taranik introduced Dr. Jack Hess, who will serve
as Interim Vice President for Research until a person is
selected for the permanent position at DRI.
President Remington extended a warm welcome to those in
attendance at the NNCC Campus.
President Remington introduced newly elected Associated
Student Body President Laura Burger.
The following introductions were made throughout the meet-
ing:
Chairman Eardley introduced former NNCC President Bill Berg.
President Crowley introduced ASUN representatives Janelle
Silva, Human and Community Sciences Senator; and Glenn
Booth, Arts and Sciences Senator.
Vice President Gubanich introduced Ohne Mulder, Student
Advisor, and ASTM representatives Toni Horn, President;
Matha Ferris, Vice President; Wendy Knorr, Senator; Derrick
Luckett, Senator; Paul Steimpeck, Senator; and Randi Wake-
field.
President Calabro introduced Dianne Hilliard-Kraff, Student
Advisor, and USA representatives Jeanine Powers, President;
Mary Freedle, Vice President; and Mary Anna Lavelle, Secre-
tary.
Interim President Hoggard introduced Autumn Keyes-Ita,
Student Advisor, and ASCCSN representatives David Hernandez,
President; Barbra Mc Millan, Vice President; and Dave
Duarte, Treasurer.
3. Chairman's Report
On behalf of the System, Chairman Eardley expressed appre-
ciation to Interim Chancellor Richardson, Interim Vice
Chancellor Steinberg, and Interim President Hoggard for
their service to UCCSN during the interim periods. They
have all performed well in these positions.
Chairman Eardley thanked President Remington, NNCC faculty
and staff for their hospitality.
Chairman Eardley thanked Regent Gallagher for hosting a
reception for the System on the prior evening, and request-
ed her to extend his appreciation to Mr. and Mrs. Morris
Gallagher for their contributions to the reception. Chair-
man Eardley wished her husband, Tom, a quick recovery from
an accident which has caused a leg injury.
Mr. Klaich entered the meeting.
Chairman Eardley introduced newly appointed Chancellor
Richard Jarvis and newly appointed Vice Chancellor for
Finance Tom Anderes, and welcomed them to the UCCSN family.
Chairman Eardley announced that TMCC Vice President for
Finance Rita Gubanich will represent President Gwaltney
at this meeting.
4. Chancellor's Report
Interim Chancellor Richardson requested Vice Chancellor
Sparks to present a report on the State Public Works
Board recommendations for the 1995-97 Capital Improvement
Projects for New Construction and Major Renovations, which
is filed in the Regents' Office.
Vice Chancellor Sparks reviewed the recommendations and
reported that the UNLV Library Phase I is still under
consideration by the State Public Works Board. In addi-
tion, UCCSN had requested $12 million for minor repairs
and improvements, $10 million is being recommended by the
State Public Works Board. Priorities 1 (CCSN Furniture
and Equipment), 7 (CCSN Henderson - including Library),
and 10 (New Projects for Advance Planning and Design) are
recommended to be funded from the State General Fund. The
remaining recommendations would be funded from State Gov-
ernment Obligation Bonds. He reported that $61.3 million
is the cumulative new construction and major renovation
recommendation by the State Public Works Board and the
total, including minor repairs, is $71.3 million.
Upon questioning, Mr. Sparks suggested that Priority 1
(CCSN Furniture and Equipment) be proposed to Governor
Miller that it be separated from the list in order for
UCCSN to seek an early appropriation from the 1995 Legis-
lature so that it could be implemented earlier in the
session.
With regards to the recommendation for UNLV's Wright Hall,
Mr. Sparks stated that it is a major renovation that has
been on prior Capital Improvement Projects lists to the
Legislature. Interim President Guinn stated that it is
not the intention of UNLV to change the priority list.
He added that the Americans Disability Act (ADA) must be
addressed in the future for all institutions to be in
compliance with the federal requirements. He has estimated
that it would cost approximately $8-10 million to retrofit
UNLV for compliance with this federal mandate. He suggested
that in the future the Capital Improvement Projects be set
aside until the ADA requirements have been met. Mr. Sparks
responded that a committee is studying the inventory and
federal requirements throughout the System and it will be
charged with keeping this information up-to-date.
5. Information Only: Report on Quality Assurance Review,
UCCSN
The Board of Regents engaged Deloitte & Touche to perform
a Quality Assurance Review of the UCCSN Internal Audit
Division. That report was presented by Mr. Dennis Gaugher
and Ms. Laura Humberger of Deloitte & Touche. The report
and the response prepared by the Internal Audit Department
is filed with the permanent minutes.
Deloitte & Touche performed a quality assurance review of
the UCCSN Internal Audit Department for the year ended
June 30, 1994 for the purpose of determining whether the
Department was in compliance with the Standards for the
Professional Practice of Internal Auditing adopted by
the Institute of Internal Auditors, Inc. The procedures
included reviewing documentation of internal audit poli-
cies and procedures, conducting interviews with various
individuals and groups, reviewing the documentation re-
lating to a sample of internal audits completed during
the year ended June 30, 1994, and such other procedures
that were considered necessary in the circumstances.
Mr. Gaugher stated that the results from the report have
been reviewed and discussed with Ms. Sandi Cardinal, former
Director of Internal Audit now on special assignment within
the System; Mr. John Love, Acting Director of Internal
Audit; Nancy Price, Chairman of the Regents Audit Commit-
tee; and Mr. Tom Anderes, Vice Chancellor for Finance and
Administration.
It has been determined that this report and its recommenda-
tions will be used as a foundation for the Audit Department
to build on, realizing that there are limited resources.
Mr. Gaugher stated that in Deloitte & Touche's opinion,
except for the limitations on the scope of the Department's
work discussed in the report, the Internal Auditing Depart-
ment of the UCCSN was in compliance with the Standard for
the Professional Practice of Internal Auditing during the
year ended June 30, 1994. Mr. Gaugher highlighted the
report and recommendations, and answered questions posed by
members of the Board of Regents.
Upon questioning, Mr. Gaugher responded that this is the
first time the Internal Audit Department had an outside
review and was measured against the standards. An external
review should be performed every 3 years, and the Internal
Audit Department has responded that in the meantime it
would conduct its own internal reviews.
Mrs. Sparks requested a proposed budget for additional em-
ployees, staff development, travel, tuition, etc. in order
to have some concrete material to present to the Legisla-
ture. This will strengthen UCCSN's position that it is
serious about improving this Department.
Interim President Guinn pointed out that the Board of
Regents is at risk without an EDP Auditor, and suggested
that the Board aggressively seek to hire an EDP Auditor.
Mr. Gaugher agreed and added that the EDP functions are
not being performed which puts the Internal Audit Depart-
ment in a terrible position. Mr. Klaich agreed, but em-
phasized the need to put this request in priority order.
Interim Chancellor Richardson reminded the Board that a
request has been built into the Biennial Budget Request
for two audit positions. He pointed out that the Legisla-
ture has been critical of the lack of audits performed and
it has been suggested that the Legislature perform the
audits. However, the irony of all this is that the Legis-
lature refuses to allocate funds for this function and then
turns around and criticizes UCCSN for the lack of perform-
ance. UCCSN needs to make a very strong case for this
need and then see how this issue plays itself out.
Mrs. Price stated that this is the best time to have this
area funded because accountability is very important and
popular at this time with the Legislature and the citizens
of Nevada. She suggested that it be presented at the
Legislature as a priority.
Mrs. Sparks left the meeting.
Chairman Eardley stated that he is appreciative of the past
Audit Committee Chairs, because the Audit Committee has a
hard time getting members of the Board to sit on the Com-
mittee and attend the meetings. the Board of Regents needs
to become serious about this Committee and its functions.
Mrs. Sparks returned to the meeting.
Mr. Love stated that the UCCSN Internal Audit Department is
appreciative of this audit performed by Deloitte & Touche.
The recommendations will require more work to be placed on
the current staff and they will perform to the best of their
abilities. He suggested that the Department employ 9 Audi-
tors, including an EDP Auditor. In addition, with all the
IRS requirements being implemented, UCCSN should consider
hiring a tax attorney or a tax accountant. At this time,
20 higher education institutions are being examined by the
IRS and it takes approximately 2-3 years for this audit
to be performed, which is a very comprehensive examination
throughout the entire institution. He noted that Ohio State
University was just assessed $1.9 million. Mr. Love stated
that this should be a concern of the Regents before UCCSN
is audited.
Mrs. Price stated that these concerns should be reflected
in the minutes, so that when IRS does its investigation
it would be noted as a concern of the Board. She thanked
Deloitte & Touche for this outstanding report and thanked
the entire Internal Audit staff. She recognized that the
staff is performing an impossible job with the limited
resources that are available. She stated that it was un-
fortunate that this item is being addressed after the
budget has been submitted to the Governor. She requested
that this issue be revisited to make it a priority of the
Board of Regents.
Mr. Graves directed incoming Chancellor Richard Jarvis to
review the allocation of resources to see if these issues
could be addressed before the next biennium. The Internal
Audit Department should be properly staffed.
Mr. Anderes stated that the report contains valuable rec-
ommendations and should be utilized as the foundation for
improving the Internal Audit Department. The Internal
Audit Department needs to focus on making sure that audits
are performed more regularly than every 10 years. Fiscal
timing may not be good, but it does raise the issue. He
stated that he will be working with the Committee to
develop a plan and that some of the recommendations could
be implemented within the next two months.
Upon questioning, Mr. Anderes estimated that the Internal
Audit Department would need 3 additional Auditors to per-
form audits every 5 years and it would cost approximately
$200-225,000 plus fringe benefits, equipment and training.
Chairman Eardley thanked Deloitte & Touche for the report.
Dr. Derby entered the meeting.
6. Approved Regents' Professorship
Approved the appointment of Dr. Anthony Calabro as a Re-
gents' Professor effective July 1, 1995, in accordance
with the provisions of Regents' policy, Title 4, Chapter
3, Section 12, Presidential Transition.
In addition, request was made for Dr. Calabro to retain
his status as a tenured member of the faculty of WNCC
granted to him by the Board of Regents on July 1, 1979.
Effective July 1, 1995, Dr. Calabro will become a member
of the instructional faculty of the University of Nevada,
Reno under an agreement between him and the University.
All provisions of that agreement must be consistent with
Regents' policy, Title 4, Chapter 3, Section 12, Presi-
dential Transition.
Vice Chancellor Sparks stated that it is important to note
that the Board of Regents' policy allows up to one year of
paid leave; however, President Calabro has chosen to waive
this part of the policy because he does not feel WNCC should
be responsible to pay for this leave in times of budgetary
constraints. Mr. Sparks felt that President Calabro should
be commended for this decision.
Mr. Klaich moved approval of the appointment of Dr. Anthony
Calabro as a Regents' Professor effective July 1, 1995,
and that he retain his status as a tenured member of the
WNCC faculty. Mrs. Gallagher, Mrs. Sparks and Mrs. Whitley
seconded. Motion carried.
7. Approved the Reappointment, Director of Institutional
Research, UCCSN
Approved the reappointment of Mrs. Karen Steinberg as
Director of Institutional Research, UCCSN, effective
October 17, 1994, at an annual salary of $67,021.
Mr. Klaich moved approval of the reappointment of Mrs. Karen
Steinberg as Director of Institutional Research, UCCSN,
effective October 17, 1994, at an annual salary of $67,021.
Mr. Graves seconded.
Mr. Klaich thanked Mrs. Steinberg for the outstanding work
she has performed over this period.
Motion carried.
8. Approved the Reappointment, Vice Chancellor for Academic
and Student Affairs, UCCSN
Approved the reappointment of Dr. John A. Richardson as
Vice Chancellor for Academic and Student Affairs, UCCSN,
effective October 17, 1994, at an annual salary of $116,484.
Mr. Klaich moved approval of the reappointment of Dr. John
A. Richardson as Vice Chancellor for Academic and Student
Affairs, UCCSN, effective October 17, 1994, at an annual
salary of $116,484. Mr. Graves seconded. Motion carried.
Mr. Klaich expressed his appreciation to Dr. Richardson
for the work he has accomplished over this period.
9. Approved the Appointment, Interim Vice President for
Academic Affairs, CCSN
Approved the appointment of Barbara Agonia as Interim Vice
President for Academic Affairs at CCSN at a salary of
$70,000, pro-rated from October 17, 1994.
Ms. Agonia will remain in the Interim Vice President for
Academic Affairs position until such time as the search
for the Vice President for Academic Affairs at CCSN has
been completed. This is a non-renewable contract.
Mr. Klaich moved approval of the appointment of Barbara
Agonia as Interim Vice President for Academic Affairs
at CCSN at a salary of $70,000, pro-rated from October 17,
1994. Mrs. Gallagher seconded. Motion carried.
10. Information Only: Outstanding Faculty Recognition
At the request of the Board of Regents, each Faculty Senate
Chairman reported on the outstanding faculty achievement
for the institution. Ref. B is filed in the Regents' Of-
fice.
Northern Nevada Community College
Louis W. Tempel
University of Nevada, Reno
Tom Harrison
Western Nevada Community College
Sherry Black
11. Information Only: Outstanding Classified Employee
Recognition
At the request of the Board of Regents, each President
reported on the outstanding classified employee achieve-
ment from the institution. Ref. C is filed in the Regents'
Office.
Western Nevada Community College
Betty Panuzzi
Truckee Meadows Community College
Joyce Cox
Eva Dellera
The open meeting recessed at 11:00 A.M. to convene the UCCSN
Foundation meetings and reconvened at 11:46 A.M. Thursday,
October 6, 1994 with all Regents present except Regents Berkley,
Foley and Hammargren.
12. Information Only: Public Comment
No comment.
13. Approved Recommendations for Promotion or Assignment to
Rank
The following recommendations for promotion or assignment
to rank were forwarded for Board consideration.
A. University of Nevada, Las Vegas - Interim President
Guinn recommended the following promotions, retroactive
July 1, 1994:
*Ching-Shyang Chen to Associate Professor of Mathematics,
College of Science and Mathematics
*William Epstein to Professor of Social Work, College of
Liberal Arts
*Shashi Sathisan to Associate Professor of Civil and
Environmental Engineering, College of Engineering
*Also recommended for Award to Tenure.
Mrs. Gallagher moved approval of the recommendations for
Promotion or Assignment to Rank at UNLV. Mr. Klaich
seconded. Motion carried.
14. Approved Recommendations for Award to Tenure
The following recommendations for tenure were forwarded
for Board consideration.
Note: The titles stated in this agenda item are descrip-
tive only. Faculty are tenured in institutions,
and not in particular employment positions.
A. University of Nevada, Las Vegas - Interim President
Guinn recommended the following awards of tenure,
retroactive July 1, 1994:
*Ching-Shyang Chen, Mathematics, College of Science and
Mathematics
*William Epstein, Social Work, College of Liberal Arts
Jan Klaassen, Clinical Laboratory Sciences, College
of Health Sciences
Joan Mac Donald, Radiological Sciences, College of
Health Sciences
Tom Mc Caslin, Accounting, College of Business and
Economics
Charles Regin, Health Education and Sports Injury,
College of Human Performance and Development
*Shashi Sathisan, Civil and Environmental Engineering,
College of Engineering
John Schibrowsky, Marketing, College of Business and
Economics
*Also recommended for Promotion or Assigment to Rank.
Mrs. Gallagher moved approval of the Awards of Tenure at
UNLV. Mr. Klaich seconded. Motion carried.
15. Approved Regents' Special Projects Fund, Chancellor Search
At it's October 1993 meeting, the Board approved an amount
up to $45,000 for the Regents' ad hoc Chancellor Search Com-
mittee. Based on Committee expenses to date, remaining
outstanding expenses and travel of candidates, the Board
approved a transfer of funds from Regents' Special Projects
up to $16,000 to cover these expenses.
Mrs. Sparks moved approval to expend $16,000 of Regents'
Special Projects Fund to cover remaining outstanding ex-
penses and travel related to the Chancellor Search. Mrs.
Gallagher seconded. Motion carried.
16. Approved Regents' Special Projects Fund, WNCC Presidential
Search
Approved to use up to $25,000 from Regents' Special Projects
Funds for the WNCC Presidential Search.
Mrs. Whitley moved approval to use up to $25,000 from Re-
gents' Special Projects Funds for the WNCC Presidential
Search. Mr. Graves seconded.
Mr. Klaich, Chairman of the ad hoc WNCC Presidential Search
Committee, stated that he was hopeful that the Committee
will consider the excellent method in which the ad hoc
CCSN Presidential Search Committee, Chaired by Regent
Sparks, came in under budget. He stated that materials
have been generated from the CCSN search and will be pre-
sented to the WNCC Committee for consideration and adop-
tion as the Committee deems appropriate. He expressed
his appreciation to Mrs. Sparks, Chancellor's staff, and
Committee members for use of those materials.
Chairman Eardley announced the Regent members of the ad hoc
WNCC Presidential Search Committee, as follows:
Daniel Klaich, Chairman
Jill Derby
Nancy Price
Carolyn Sparks
June Whitley
Motion carried.
The open meeting recessed at 11:50 A.M. and reconvened at 1:00
P.M. Thursday, October 6, 1994 with all Regents present except
Regents Berkley, Foley and Hammargren.
17. Approved Changes to UCCSN Tax Sheltered Annuity Plan
Approved the proposed changes to the UCCSN Tax Sheltered
Annunity Plan for employees as contained in Ref. D,
filed in the Regents' Office. These changes appeared on
the August 1994 agenda for a first reading.
Mr. Klaich moved approval of the changes to the UCCSN Tax
Sheltered Annuity Plan for employees. Mrs. Gallagher
seconded.
Upon questioning, Vice Chancellor Sparks responded that
these changes will not have financial implications upon
the System.
Motion carried.
18. Approved Proposed Bylaw Amendments, Regents
At the Chairman's request, proposed amendments to the Board
of Regents Bylaws, Article V, Sections 4 and 8, have been
prepared by General Counsel and were presented to the Board.
As provided by Board of Regents Bylaws, Article VIII this
item appeared on the August 1994 agenda for information.
General Counsel Klasic explained that these proposed amend-
ments increase the number of Regents necessary to call a
special meeting and to put items on the agenda from 4
Regents to 5. Additionally, to be consistent with the
Open Meeting Law, an amendment provides that the minimum
number of days that agendas must be distributed before a
Board meeting shall be decreased from 4 working days to
3 working days. Ref. E is filed in the Regents' Office.
Mrs. Whitley moved approval of the Regents Bylaws amend-
ments. Mrs. Gallagher seconded.
Mr. Klaich questioned whether, as a Regent, he wished to
place an item on the agenda, it was denied by the Chair-
man and the Vice Chairman, and he had to seek support from
other members of the Board, wouldn't that be considered
"polling" of the Board of Regents. General Counsel Klasic
responded that it would not, because the number of members
to support the request is less than the quorum.
Mrs. Berkley entered the meeting.
Mrs. Price questioned further whether, as a Regent, she
solicited support from other members of the Board to
place an item on the agenda, and the first 4 replies are
negative. Mr. Klasic stated that the first 4 are declin-
ing to participate, and this would not be considered
"polling".
Mrs. Price stated that her comments made at the Board of
Regents' meeting held August 25-26, 1994, still represent
her concerns, in that each member of the Board represents
different constituents and members of the Board should
be allowed to meet this responsibility by placing items
on the agenda.
Mrs. Sparks stated that her comments made at the August
meeting still represent her concerns, in that if only 1
Regent wishes to place an item on the agenda, then pos-
sibly that item could be handled by the Chancellor and
staff. She felt that this amendment is intended to utilize
the Board's valuable time for efficiently and not penalize
the other members of the Board who did not want to address
the requested item. Mrs. Sparks indicated that previously
the issue of polling had been discussed with the Attorney
General and it was determined that seeking support to place
an item on the agenda is not considered polling.
Mrs. Whitley withdrew the motion and Mrs. Gallagher withdrew
the second to the motion.
It was suggested that the item be voted on in two parts:
Section 4 and Section 8.
Mrs. Gallagher moved approval of Section 4 as presented in
Ref. E. Mrs. Sparks seconded. Regents Berkley, Derby,
Graves, Klaich and Price opposed. Motion failed.
Mr. Klaich moved approval to accept the change regarding
the mailing or distribution of the agenda to all members
of the Board from 5 to 3 working days prior to the meeting,
and to leave the number of 4 Regents to request an item be
placed on the agenda. Mrs. Gallagher seconded.
Dr. Hammargren entered the meeting.
A roll call vote was taken:
Aye: Regents Gallagher, Graves, Klaich, Sparks,
Whitley, Eardley
Nay: Regents Berkley, Derby, Price
Abstain: Regent Hammargren
Motion carried.
Some members of the Board were confused about the voting
rights of the Chairman, and Mrs. Berkley directed General
Counsel Klasic to review Robert's Rules of Order and report
back. Mrs. Sparks requested Mr. Klasic to also report on
the voting procedure for committees. Mr. Klasic had a copy
of Robert's Rules of Order with him and he read a portion
of it that stated the Chairman would vote only when the
Chairman's vote would affect the final outcome of the matter
being voted upon.
Dr. Hammargren left the meeting.
19. Approved the Amendment, 1995-97 Biennial Budget Request, UNR
Approved the acceptance of a gift of land and associated
building located in downtown Reno. The gift is designated
for the exclusive benefit of the University of Nevada, Reno.
The property currently has a restriction attached, which
requires repayment of a $1,254,000 EDA grant, in the event
the property is sold prior to November 2024. The Univer-
sity is in the process of attempting to remove this restric-
tion; however, it is UNR's position that the gift should be
accepted even if the restriction cannot be removed. The
property is valued at over $3,000,000, and it is a facility
that will be utilized by University outreach programs and
activities rather than held for resale.
The property was formerly occupied by Old College and has
a 47,605 gross square foot facility. Upon acceptance by
the Board of regents and subsequent transfer from Old
College, it is expected the facility would be fully oc-
cupied and operational by July 1, 1995.
Mr. Graves moved approval to accept a gift for UNR of land
and associated building located in downtown Reno. Mrs.
Gallagher seconded.
Mrs. Sparks questioned if the property was in good condi-
tion and that asbestos abatement has been completed, and
President Crowley responded that several years ago when
UNR considered this property there was too much work to
be done to the building to justify UNR's consideration.
However, UNR staff have recently evaluated the property
and have noted that several changes have been made since
the first consideration. The building is now in good
condition.
Upon questioning, President Crowley responded that the
Behavioral Analysis Program, which is being considered as
one program to be housed at the facility, produces its
own income and is used to assist in the increased needs.
All that income is returned to the program.
Motion carried.
In order to operate and maintain the facility, the Board
approved that the Operations and Maintenance of the Physi-
cal Plant budget be increased by $241,500 for fiscal 1996
and $250,600 for the fiscal 1997. The estimated cost of
operating the Old College facility reflects standard per-
square-foot costs experienced by the University. Univer-
sity personnel have inspected the property and have con-
cluded the facility is in good condition and that the
property is in substantial compliance with most ADA and
OSHA requirements.
President Crowley explained that the budget would begin
July 1, 1995, even though UNR intends to take possession
of the building in January 1995. UNR proposed to keep
the present tenants until July 1, 1995.
Vice Chancellor Sparks explained that the base budget
would be adjusted and calculated using the present formulas.
Mr. Klaich moved approval of the Operations and Maintenance
of the Physical Plant budget be increased by $241,500 for
fiscal 1996 and $250,600 for fiscal 1997. Mrs. Gallagher
seconded.
Mrs. Berkley stated that she wants to do what is right for
UNR, but questioned whether the other institutions' space
needs would be affected if the Board approves this adjust-
ment to UNR's budget. Mr. Sparks responded that all the
other institutions' space needs have been considered in
the budget request. This request will allow UNR to enjoy
the same opportunity to acquire new space.
Motion carried.
20. Approved the Naming of Building, TMCC
Approved the naming of the new technology building at TMCC,
the International Game Technology Applied Technology Center.
The TMCC Foundation raised funds for this building.
Mrs. Sparks moved approval of the naming of the new tech-
nology building at TMCC the International Game Technology
Applied Technology Center. Mrs. Berkley seconded. Motion
carried.
Mrs. Price requested that the Board review its policy on
naming buildings.
21. Approved a Loan Guarantee, UNR
Approved a loan guarantee from UNR in the amount of $500,000
for Channel 5 to commence construction of a new facility on
the land they leased in March 1994. Repayment of the loan
will be made on or before August 1, 1997 by Channel 5.
Mrs. Gallagher moved approval of a loan guarantee from UNR
in the amount of $500,000 for Channel 5 to commence con-
struction of a new facility. Mrs. Whitley seconded. Motion
carried.
President Crowley explained that if Channel 5 should default
on the loan, the facility will then be turned over to UNR
and UNR will then utilize Capital Improvement Fee funds to
pay off any remaining debt. To date, Channel 5 has raised
approximately $1.6 million for this facility.
Mrs. Price questioned what the legal reference was for the
Board of Regents to allow granting this loan, and General
Counsel Klasic responded that statutorily UCCSN can manage
its own affairs and assets and that he is not aware of any
constitutional prohibition to this effect.
Mr. Klaich noted that this loan guarantee is UNR's obliga-
tion, and he felt a little uneasy about approving this
item. However, he will support the motion because this is
another creative method to keep educational programs from
deteriorating.
President Crowley agreed with Mr. Klaich in that this is an
unusual request and stated that it probably will not occur
again in the future. This request is to allow the construc-
tion project to get started in a timely manner. He is con-
fident that additional funds will be raised by Channel 5.
Mrs. Sparks questioned why UNR is requesting this loan for
a person who has never given to the University, and Presi-
dent Crowley stated that a legal arrangement has been worked
out with First Interstate Bank, in which Mr. Douglass is
employed.
Mrs. Price opposed. Motion carried.
22. Information Only: UCCSN Academic Faculty Salary Study
Interim Vice Chancellor Karen Steinberg presented the find-
ings of the 1993-94 Academic Faculty Salary Study. The
study is conducted biennially to provide comparative data
on average faculty salaries from peer institutions of both
land grant Universities and medium enrollment urban Com-
munity Colleges. The findings from the study are used to
monitor UCCSN academic faculty salaries against the Board's
salary goal for such faculty. The 1993-94 Academic Faculty
Salary Study is filed in the Regents' Office.
Mrs. Steinberg explained that this report was compiled for
the lay audience and is not as sophisticated as in the past
when the report was prepared by an outside group. In light
of the budget constraints, it was decided to prepare an in-
house report using the same peer groups as before.
Mrs. Steinberg reported that this report contains the
Academic Faculty Salary Study for 1993-94 at State Land-
Grant Universities and at Peer Group Community Colleges.
The report covers faculty salaries and total compensation
at 51 Universities for the 1993-94 academic year. The
group of 51 institutions utilized in this study consists
of State Universities, 49 of them being land-grant insti-
tutions. One University is included from each state,
except Nevada, which has both UNR (Nevada's land-grant
institution) and UNLV in the study population.
This population of Universities was first used by Blatz
and Dobra in "A Comparative Analysis of Faculty Compensa-
tion at Principal Land Grant Universities", published in
1986, 1988 and 1990. This study draws comparisons with
the finding in, and utilizes data from, those surveys.
The data for the 1993-94 study were obtained from the
American Association of University Professors' (AAUP)
survey, published on an annual basis in "Academe" magazine.
This same data source was utilized by Blatz and Dobra in
all previous versions of this study.
Salary and compensation data for each University in the
study population are averages for faculty at all ranks --
Professors, Associate Professors, Assistant Professors,
Instructors and Lecturers. The averages were computed
by AAUP using each institution's respective distribution.
Compensation data include salary and benefits such as
retirement, medical/dental, disability, tuition, social
security, unemployment and workers compensation taxes,
group life and benefits in kind.
Nationally, the mean salary of the 1993-94 study ($50,147)
represents a 2-year percentage increase of 5.6% from the
1991-92 mean of $47,500. The mean compensation for 1993-
94 ($62,265) represents a 2-year percentage increase of
6.4% from the 1991-92 mean of $58,500. These modest 2-year
gains are considerably lower than salary progress in earlier
cycles. The modest gains experienced recently have occurred
at many State Universities across the nation which have
continued to face budget constraints. The national data
are displayed in the report for comparison purposes.
Between 1991-92 and 1993-94, UNLV's average salary for all
ranks increased by 0.6% and the average compensation in-
creased by 2.3%. In the ranking of the study population
of 51 institutions, UNLV fell from 34 to 40 in average
salary and from 39 to 47 in compensation.
Between 1991-92 and 1993-94, UNR average salary for all
ranks increased by 4.8% and the average compensation in-
creased by 5.0%. In the population ranking, UNR fell from
23 to 25 in average salary and from 32 to 33 in compensa-
tion.
Regarding the Community Colleges, the study covers faculty
salaries and total compensation at 50 Community Colleges
in the United States. The group of 50 Community Colleges
used in this study includes mostly medium-enrollment Com-
munity Colleges (4000+ students) in urban areas (100,000+
population). In a few instances, a College falling just
outside these criteria was included because it has been
used in other salary peer groups in the UCCSN. Both of
Nevada's medium-enrollment urban Community Colleges, CCSN
and TMCC, are included in the sample. Since NNCC and WNCC
fall well outside the medium-enrollment urban classifica-
tion, their data are not computed in sample averages, but
are listed in the report for comparison purposes.
Data were requested from this group of 50 Community Col-
leges, 47 of which were first used by Blatz and Dobra.
Through the AAUP survey the data were obtained for the
majority of the Colleges. Those Colleges in the sample
that did not provide data to AAUP were contacted to get
the salary and compensation information they would have
submitted to AAUP. This particular study draws broad
comparisons with the findings in, and utilizes data from,
those previous surveys. Compensation data in this study
includes salary and benefits such as retirement, medical/
dental, disability, tuition, social security, unemploy-
ment and workers compensation taxes, group life, and
benefits in kind.
The mean salary of the 1993-94 study ($40,950) represents
a 2-year percentage increase of 3.7% from the 1991-92 mean
of $39,500. Mean compensation for 1993-94 ($51,350) repre-
sents a 2-year percentage increase of 4.4% from the 1991-92
mean of $49,200. These modes 2-years gains are consider-
ably lower than salary progression in earlier cycles. Many
public Community Colleges have faced budget constraints for
several years.
Between 1991-92 and 1993-94, the CCSN average salary in-
creased by 5.9% and the average compensation increased by
5.2%. Between 1991-92 and 1993-94, the TMCC average salary
increased by 12.9% and the average compensation increased
by 11.7%.
An overall conclusion is that over the last few years UCCSN
institutions have not moved up and have generally stayed
steady or declined.
Mrs. Steinberg reported that neither the two Universities
meet the Regents' goal of the top quartile; UNR barely falls
below and UNLV is clearly below the median. The explana-
tion for this difference between UNR and UNLV is found on
page 6 of the report and Mrs. Steinberg added that UNLV is
a younger but growing institution. UNLV tends to hire a
larger number of faculty at a lower level who will then
work their way through the promotional structure. UNLV
has a much larger proportion of faculty at this lower level.
Mr. Graves stated that this report does not really tell
the Board anything and will only stir up much controversy
over the difference between UNR and UNLV. The report needs
to reflect that UNLV has chosen to hire more lecturers to
get "more bang for the buck". UCCSN is a competitive
system in what it pays its faculty and he did not think
this report reflects that competitiveness. Mrs. Steinberg
responded that this report does reflect Mr. Graves' con-
cerns. She noted that on page 7 of the report, in relation
to the peer groups, UCCSN is not making progress towards the
Regents' stated goal of paying within the top quartile. In
fact, over the last four biennia, UNR has stayed even and
UNLV has actually slipped.
Mr. Graves stated that UNLV is the fastest growing insti-
tution and it has chosen to hire more lecturers, but this
information is not reflected in this report.
Mrs. Steinberg stated that this report was compiled for
the purpose of relaying information to the Legislature to
support UCCSN's request for an 11.9% salary increase in
order for both Universities to move toward the Board's
stated goals.
Mrs. Sparks suggested that Table 5, 1993-94 University
Faculty Salaries, of the report, include previous years'
information and Mrs. Steinberg responded that she would
include that information.
Interim President Guinn stated that this report is an im-
portant document and he has used this salary data when
meeting with various groups, such as the local editorial
boards. The most important issue is that UCCSN is barely
at the median salary.
Interim Chancellor Richardson stated that although he has
mentioned this before, the Board must make a distinction
between the appropriation process vs. the allocation proc-
ess. The difference that is being demonstrated in this
report is the allocation, not the appropriation. The
budget formulas are compiled the same throughout the Sys-
tem. It is not an issue of fairness, but an issue of al-
location. Vice Chancellor Sparks pointed out that if the
System were to approach the Legislature with differentiated
pay increases, then it would have to deal with a different
set of issues. Salary schedules have been adopted by the
Board of Regents and they are intended to work at creating
a balance in the salaries. He stated that this document
would be helpful at the next legislative session.
In response to a question, it was projected that the faculty
salaries would not be able to move up to the top quartile,
the Regents' goal, in one legislative session.
Mr. Graves questioned where UCCSN's salary ranges compare
to the national comparison, and Mrs. Steinberg stated
that she would make an evaluation and report back to the
Board.
Mr. Graves questioned why the cost-of-living or taxes are
not included in the data, and Mrs. Steinberg responded that
in the past data was collected but the targeted audience
did not understand the information, so it was determined to
drop this information.
Mr. Klaich stated that this report has a very limited use,
in that it establishes a single set of data points that can
be constructed to make comparisons year after year. Alone
the data points are useless and irrelevant, but consistent.
However, when making comparisons to the past data, it be-
comes very relevant and useful. In the past, some Legisla-
tors would ask for information and UCCSN would provide
several different lists. At this time, UCCSN provides a
more established list that tracks consistent data over time
with the same comparison groups. He agreed that there may
be other management reasons for UCCSN to collect other
relevant data, but this report is consistent so UCCSN does
not get whipsawed at the Legislature. It provides an
historical base and a peer group that does not change,
even though the peer group does get challenged regularly.
Mrs. Berkley requested a comparison between the different
catagories, and Mrs. Steinberg stated this would be done.
Mrs. Price stated that the Legislature is trying to work
with the budgets in a more rational manner. She questioned
that when the Legislators look at this document, will UCCSN
be getting a better product in the end. She stated that
the product is at a level point, but there is a quality of
knowledge that should be measured. President Crowley
stated that these issues should be discussed by the Board,
but he did not think it wise to bring this issue before the
Legislature. It is very important that each institution
asses the effect of its faculty, but, again, it should not
be taken up with the Legislature.
23. Information Only: Report on Western Athletic Conference
Membership
Interim President Guinn presented a progress report re-
garding UNLV and the Western Athletic Conference member-
ship. He reported that UNLV has agreed to pay an entry
fee of $75,000 over a 5-year period, totaling $175,000.
A donor has indicated that s/he will pay the first $75,000
by October 1, 1994 and possibly $35,000 each year there-
after. Dr. Guinn indicated that there will be no cost to
the Board of Regents nor UNLV.
Secondly, Dr. Guinn reported that when the money is divided
between the WAC schools, the estimated annual income is
$485,000. It has been estimated that $38,500 will be earn-
ed for away games. This will allow UNLV to have more money
per year.
Dr. Guinn stated that the negotiations went well and UNLV
received the right to become immediate voting members even
though UNLV will not be in the conference until 1996.
Upon questioning, Dr. Guinn responded that the funds earned
by WAC are for equity in the partnership.
Chairman Eardley suggested that UNR continue to seek an
invitation to join the Western Athletic Conference.
Chairman Eardley noted that several years ago the Board
passed a resolution calling for UNR and UNLV to meet an-
nually in competition in football and basketball.
Mrs. Price indicated that she did not remember the Board of
Regents authorizing UNLV to join WAC, and Chairman Eardley
stated that the Board approved UNLV to join WAC subject to
negotiations.
24. Approved the Report on Administrative Officer Investigation,
UNLV
Interim President Guinn reported that at the Board of Re-
gents August 25-26, 1994 meeting, he had requested, in
accordance with the UCCSN Code, approval to appoint an ad-
ministrative officer to investigate whether any University
employee violated the prohibitions of Chapter 6 of the UCCSN
Code relating to athletic contracts at UNLV. Dr. Guinn
stated that it was determined, through meetings with General
Counsel Klasic, that UNLV could hire legal counsel in this
matter, rather than proceed with an appointed administrative
officer. By hiring a legal counsel, client confidentiality
could be maintained.
Dr. Guinn read his letter, dated September 22, 1994, to
Interim Chancellor Richardson, and requested it be made a
part of the minutes. He read as follows:
I feel compelled, after considerable deliberation, to
request your approval for employment of special counsel
for the President of UNLV. The scope of the special
counsel's duties would be to provide the President with
legal advice regarding potential rights and liabilities,
if any, of the University as related to the Massamino
employment contract signed in April 1992 and for any
other documents relating to Mr. Massamino. It is im-
perative that the University receive the above legal
advice regarding these matters in order to eliminate
any appearance of bias.
I have discussed this request with Donald Klasic and
both of us will be available to provide you with any
analysis you may need to support approval of special
counsel. Time is of the essence in having a special
counsel appointed and I would appreciate very much
your attention to this request.
Mr. Klaich clarified that the request is to go from appoint-
ing an administrative officer to hiring a special counsel to
the President, and Dr. Guinn affirmed.
Upon questioning, Dr. Guinn explained that if this matter
would need to be settled in a court of law, then records
would become private due to attorney-client privileges.
Mrs. Price stated that an administrative officer would
allow for a broader discussion to take place on this matter,
and Dr. Guinn responded that this request is being made so
that UNLV does not violate any legal technicalities that
may be involved.
Mrs. Gallagher moved approval to change the administrative
officer to special counsel to the President at UNLV. Mrs.
Berkley seconded.
Mrs. Berkley requested that the motion include the specific
hiring of Morton Galane, Attorney at Law, to serve in this
capacity. Dr. Guinn stated that he will officially notify
Mr. Galane of the action taken by the Board.
Mrs. Gallagher amended the motion to include Mr. Morton
Galane to serve as special counsel to the President at
UNLV. Mrs. Berkley seconded. Mrs. Price opposed. Motion
carried.
25. Approved the Reassignment of TMCC President
President John Gwaltney requested approval of his request
to be reassigned as President of the Truckee Meadows Com-
munity College to his tenured faculty position, effective
October 7, 1994. Dr. Gwaltney has also requested Board
approval of his request for leave during the remainder of
his contract year, with the payment of full compensation
and benefits as provided in this current employment con-
tract with the Board of Regents, for the purpose of prepar-
ing himself for his teaching duties at the Truckee Meadows
Community College for the Fall semester, 1995. As authoriz-
ed by Title 4, Chapter 3, Section 19(4) (b) of the Board
of Regents Handbook, Dr. Gwaltney has also requested ap-
proval by the Board of Regents of his request for a "B"
contract academic year salary in the amount of $83,767.13
(82% of Dr. Gwaltney's 1994-95 Presidential salary), ef-
fective July 1, 1995.
Interim Chancellor John A. Richardson recommended that Dr.
Gwaltney's requests be approved by the Board of Regents.
Mrs. Whitley moved approval to reassign Dr. John Gwaltney
to his tenured faculty position, effective October 7, 1994;
to grant leave during the remainder of Dr. Gwaltney's con-
tract year, with the payment of full compensation and bene-
fits as provided in his current employment contract; and to
grant Dr. Gwaltney a "B" contract in amount of $83,767.13,
effective July 1, 1995. Mrs. Gallagher seconded.
Interim Chancellor Richardson stated that the members of
the Board have been provided an agreement that has been
signed by himself, Dr. Gwaltney, Dr. Gwaltney's attorney,
and General Counsel Klasic.
Mr. Klaich suggested that the agreement contain a mutual
release, which should have been included in this type of
agreement, to allow for an amicable adjustment of those
rights of UCCSN and Dr. Gwaltney and that future action
against each party would be suspended. He requested that
the motion be approved upon this condition.
Mr. Klaich mentioned that the media has written articles
regarding this resignation; however, they have failed to
mention that the Board of Regents has a contract with Dr.
Gwaltney that it must honor.
General Counsel Klasic stated that Mr. Klaich's suggested
amendment could be included in the agreement, but only
conditional upon the parties' agreement of the amendment.
Interim Chancellor Richardson requested a recess. Upon
return, all Regents were present except Regents Derby and
Foley. Mr. Klaich requested that this item be tabled.
Mrs. Whitney withdrew the motion. Mrs. Gallagher withdrew
the second to the motion.
Mrs. Berkley stated that many members of the Board have
made it quite clear that if the Board is to consider con-
tracts, that the contracts be provided to the members
prior to the meeting. She stated that she will consistently
vote against any contracts that she does not receive ahead
of time. Dr. Richardson responded that one of the condi-
tions of the agreement was that it not be distributed be-
fore the meeting.
Mrs. Price stated that guidelines should be developed for
negotiating agreements and contracts.
The discussion continued the following day, and is found
after item 29.
26. Information Only: NNCC Presentation
President Remington introduced Vice President Bill Bonaudi
who reported on NNCC's strategies to meet NNCC's Academic
Master Plan and the System's Strategic Directions. He
distributed a document which highlights the 15 strategies
proposed by NNCC, and is filed in the Regents' Office.
Dr. Bonaudi stated that various institutions are offering
courses at NNCC, such as UNR, UNLV and most recently
Sierra Nevada College at Incline Village. The courses
offered are very helpful and on target with what NNCC is
trying to accomplish. For the first time, A UCCSN Com-
munity College has arranged an articulation agreement with
a baccalaureate granting institution. Sierra Nevada Col-
lege has determined that NNCC's associate programs are
appropriate in achieving the baccalaureate degree. The
articulation agreement is not based on a course by course
articulation and NNCC is very proud of this arrangement.
Sierra Nevada College intends to come into the Elko com-
munity and offer upper division courses. This will give
NNCC the opportunity to provide an upper division and a
baccalaureate program to its students.
Mrs. Gallagher stated that she was very pleased with the
articulation agreement between NNCC and Sierra Nevada
College.
Dr. Bonaudi reported that NNCC is considering a name change
for the institution to better reflect its service area. Two
prominent names that have been discussed are "College of the
Great Basin" and "Great Basin College".
Dr. Bonaudi stated that NNCC faculty are impressive and with
their quality and willingness to work together they contrib-
ute to the success of the College. Another strategy that is
working well is regarding assessment. Dr. Bonaudi intro-
duced Mr. Cliff Ferry, Director of Institutional Research
and Assessment at NNCC, who gave a presentation on the vari-
ous assessment studies that have occurred at NNCC. He dis-
tributed a document which contained samples of the assess-
ment studies, filed in the Regents' Office. Several enti-
ties, which have been assessed since 1987 in order for
NNCC to derive pertinent information, include students,
public, graduates, businesses and agencies, and employers.
Much of the data confirms what NNCC is already providing,
although there are still areas for improvement.
NNCC Faculty Senate Chairman Scott Hawkins welcomed those in
attendance to Northeastern Nevada. He introduced Ms. Val
Easterly who invited everyone to join her on a Campus tour.
Prior to recessing the meeting for the Campus tour, Ms. Easterly
presented each Regent with a poster commemorating the Cowboy
Poetry Gathering and presented Regents Hammargren and Whitley
with farewell gifts. She thanked them for all their hard work
while serving on the Board of Regents.
The open meeting recessed at 3:45 P.M. in order for the NNCC
faculty to give a tour and presentations on selected programs
at the College. The meeting reconvened at 9:05 A.M. Friday,
October 7, 1994, with all Regents present except Regents Foley,
Hammargren and Klaich.
27. Information Only: Facility in Ely, NNCC
Interim Chancellor Richardson and President Remington pro-
vided an update report on the proposed NNCC facility to be
located in Ely, Nevada.
President Remington introduced Mr. Jack Smith and Mr. Norm
Goeringer, both from Ely, Nevada. Mr. Smith had requested
that this item be placed on the agenda.
Mr. Smith stated that Mr. Goeringer was the person who in-
fluenced the proposed NNCC facility in Ely. The Ely resi-
dents were extremely disappointed with the cost of the
building when it was recently taken to bid. Due to this
disappointment, they took it upon themselves to investigate
other alternatives. A foundation has been formed and they
have received a bank loan to back pledges received. It was
never the intention of the foundation to cause a controver-
sy. After further investigation, the foundation has deter-
mined to return to the original plan in order for NNCC to
receive the EDA grant and to pledge its own money to the
facility. A sizeable amount of donations has already been
collected. Ely is a proud little City and does not want
to become a ghost town. Mr. Smith stated that two weeks
ago it was Ely's intention to build the facility with its
own money and donate it to NNCC as a gift. However, that
would not be for the betterment of the College nor the
citizens of Ely. Mr. Goeringer has pledged $500,000 for
a child care facility in Ely and is a catalyst for the
future of the people in Ely. The Ely residents are very
appreciative of his efforts. The newly formed foundation
will dedicate itself to various educational needs. Mr.
Smith stated that he is glad to be on track with NNCC and
apologized for inconvenience.
Mr. Goeringer agreed with Mr. Smith's comments and added
that after yesterday's meeting the Ely residents are happy
and confident. He wished to clarify that they were only
trying to investigate other plausible ways to get the
facility built. During this investigative period, it
became a concern that a major donor would withdraw his
pledge.
Mr. Goeringer reassured the Regents that he would continue
his pledge payments and that the Regents' $600,000 loan
guarantee would remain secured by the existing pledges to
the NNCC Foundation. Mr. Smith also assured the Board of
Regents that pledge payments to the NNCC Foundation for the
project will continue to be paid to the NNCC Foundation;
thus, insuring the solvency of the Regents' loan guarantee
and thereby the viability of the entire project. Mr. Smith
felt strongly that Bob Pratt's pledge, along with the other
existing pledges, would be forthcoming to the NNCC Founda-
tion.
The facility's plans will have to be altered to fit in line
with the budget. He is confident that additional funds can
be raised and he will advocate the raising of these funds
in order to make additions to the original footage of the
facility that has been approved. He, too, feels good about
being on track with NNCC and the facility plans.
Chairman Eardley explained that several members of the Board
were unaware of this situation until today and he felt it
in the best interest of the Board to bring this issue before
them for information.
Mr. Goeringer explained that the other foundation was formed
because of its concern to build other projects, such as the
child care facility. If it wasn't for this new foundation,
Mr. Goeringer could not have proposed this child care facil-
ity. He stated that something good has come out of some-
thing that could have been detrimental. It was determined
that they were too far into this project and did not want
to jeopardize the progress. The new foundation wanted to
work hand in hand with the funds that were available and to
provide fund raising efforts for the NNCC facility and the
child care facility.
President Remington gave a progress report on the Ely facil-
ity. On September 30, 1994, he facsimilied information to
the members of the Board. NNCC was on track with the cash
and pledges, and the building was projected to be completed
at a cost of $1.35 million. When the bids came in for the
facility they were 60% over the budget. Ely residents be-
came discouraged. They thought they could do it better
without the State Public Works Board and the EDA grant
which is significant. It is possible that the facility
will be scaled down to accommodate the funding. Since
this upset, everyone has come together on this plan and
it is back on target.
Mr. Tom Stephens, State Public Works Board Manager, stated
that he did meet with the Ely supporters, the State Public
Works Board in-house architect, the Las Vegas architect
and the Ely architect the previous day. Mr. Stephens ex-
plained the square footage and the cost per square foot.
The budget price greatly influenced the decision to reduce
the square footage to 10,000 sq. ft. from 15,000 sq. ft.
at $90 per square foot. It was also influenced by the
construction costs of the new high school in Ely. It has
now been agreed upon to build an 11,500 sq. ft. facility
and to remove some of the custom features previously re-
quested and bring it to bid in Spring, 1995.
Mr. Stephens stated that the State Public Works Board has
very little requirements. However, it does enforce the
building codes to especially meet safety requirements.
When State funds are utilized on a facility, the State
Public Works Board then becomes the funds manager. The
State Public Works Board is required to pay the minimum
prevailing wage which is set by the State Labor Commission.
In addition, when Federal funds are utilized, the Federal
Board is willing to work with whatever entity necessary
to complete this project.
A discussion was held regarding private foundations donat-
ing facilities to UCCSN, and it was determined that all
government entities must abide by the State law. If a
foundation is associated with a government entity then it
must build its facilities by code before it donates the
facility. Mr. Stephens stated that, for example, NNCC's
child care facility that is being built at this time is
being constructed by a private individual. The State Public
Works Board inspects the facility to be sure it meets the
building codes, but does not check on the bidding process
of the prevailing wages. For example, any facility being
constructed at 5000 sq. ft. and above must have a sprinkler
system.
President Remington stated that in order to receive the EDA
grant NNCC must go through the State Public Works Board.
NNCC has accepted the EDA grant in good faith and has gone
through the expenses and EDA requirements thus far. In-
terim Chancellor Richardson emphasized that the EDA grant
was given to NNCC, not to a foundation at the College nor
a private foundation. NNCC is ultimately responsible for
this project. If a private organization were to take over
this project the $850,000 EDA grant that was received by
the Board would have to be forfeited.
Vice President Carl Diekhans explained the financial aspect
of this project. Thus far, $150,000 has been spent from the
cash on hand from the NNCC Foundation. This project could
have been forfeited if the EDA grant was rejected. The
water and sewer have been paid for by White Pine County and
the City of Ely. The County and City have provided $130,000
each for in-kind work. The project is well on its way. The
$600,000 loan which was approved by the Board is covered and
will be repaid within 4-5 years by pledges that are to be
received and cash on hand. There are approximately $600,000
in pledges still to come in. NNCC is utilizing $150,000
from its Capital Improvement Project Fee Fund. $100,000
will help to repay the loan.
Mrs. Price questioned whether she was a stockholder of the
new Foundation, and General Counsel Klasic stated that this
Foundation is not connected with UCCSN in any way. He ref-
erenced the Lied Foundation and stated that this new organ-
ization is similar to that Foundation.
President Remington stated that the pledges made to NNCC
will remain, and be held separate from the Foundation in
Ely. The Ely residents wish to form their own foundation
in order to construct the child care facility for the
County, and to provide furnishings and some building costs
for NNCC subject to the Regents' approval. The Ely Founda-
tion also intends to raise monies and provide a gift to
UCCSN.
Mrs. Gallagher stated that the Ely residents have been very
enthusiastic in raising the money for this project. Some
of their questions have been resolved at this time. Their
enthusiasm has been wonderful and she is very pleased that
NNCC is back on track and the project will go ahead as plan-
ned. The Ely Foundation is outside of the System and is
not connected to NNCC or to UCCSN.
Mr. Goeringer informed the Board that the new Foundation
will be called the "Eastern Nevada Foundation for Higher
Education" and will be devoted to educational issues.
Dr. Hammargren returned to the meeting.
Mr. Smith clarified that the Eastern Nevada Foundation for
Higher Education has applied for a 501(c)(3) tax-exempt
foundation, and it is an open ended corporation with no
restrictions, except to abide by the IRS Codes.
Chairman Eardley stated that the Board has been receptive
to this issue and appreciated the time Mr. Smith and Mr.
Goeringer and others have spent.
Mrs. Price requested an agenda item regarding the Board's
relationship with the foundations.
28. Report and Recommendations of the Ad Hoc UNLV Presidential
Search Committee
A report and recommendations of the ad hoc UNLV Presidential
Search Committee was made by Regent Jill Derby, Chairman.
She reported that the Committee has agreed to an open search
with the aid from an executive search firm. The Committee
has developed a "Statement of Desired Presidential Leader-
ship Characteristics", and is filed in the Regents' Office.
This statement was formed through a collaborative effort of
175 persons from various constituencies. This statement
will be used as a recruitment tool and to aid in the screen-
ing process of candidates. The Committee will bring forward
3-5 candidates to the Board for consideration. This leader-
ship statement will convey the sense of the challenge and
the opportunity to draw the best candidates for this search.
Dr. Derby highlighted the leadership statement and stated
that the Committee has spent much time on this and feels
very good about it. The statement is honest, and lists
the challenges ahead for the next President.
The Committee will meet on October 14, 1994 to approve the
advertisement. The Committee will seek suggestions from
others throughout the System to form a network. The Com-
mittee will need to persuade people to apply. She noted
that there is a special challenge with working within the
public eye.
The Committee will determine a time line and process. It
is the Committee's intention to have the candidates to the
Board by February, 1995.
Dr. Derby moved approval of the report and recommendations
of the ad hoc UNLV Presidential Search Committee. Mrs.
Berkley seconded.
Mrs. Whitley commended Interim President Guinn on a good
job since he has held this position. She stated that she
was an advocate for a business person as the next UNLV
President and questioned whether the Committee is going
to require an earned Ph. D. in the advertisement. Dr. Derby
responded that the advertisement will require a person who
is able to be tenured in his/her own academic discipline.
It was explained that the Committee is very adamant to ob-
tain a person who is an academician with a strong adminis-
trative background. Dr. Derby stated that the organization
and leadership required is explained in the leadership
statement. There were many persons who voiced various con-
cerns about this requirement. Many supported that this
person be tenurable in his/her own academic discipline.
Mrs. Price requested an agenda item regarding a discussion
on the tenure policy. She noted that the Association of
Governing Boards warns against bringing people to the in-
stitutions with a tenured position. Chairman Eardley clari-
fied that the Board does not tenure its Presidents, rather
they may be tenured in their own disciplines.
Motion carried.
President Remington announced that UNR has donated $80,000 to-
wards NNCC's interactive learning center.
Dr. Hammargren distributed a document which contains a charted
map that will plot the Earthwinds Hilton flight around the
world. This document will be distributed to every Nevada school
student and is being provided by Hilton Hotels, DRI and himself.
29. Approved the Concept of an Economic Development Proposal
Regent Hammargren requested that the concept of a Nevada
Economic Development Network (Nev-Ed-Net) be briefly in-
troduced to the Board of Regents, as contained in Ref. F,
filed in the Regents' Office. He explained the theory is
that of setting up a central point of contact for questions
from representatives from business and industry for re-
location within the State of Nevada and requested the Board
to approve in concept.
Mr. Doug Burris, Director of Community College Affairs,
stated in more detail the concept for this proposal. The
Nev-Ed-Net is a program of service as a central point of
contact within the State. A professional staff member will
act as a "broker", a facilitator, a referral agent and
determine from inquiring business representatives just
what type of training or educational programs are needed
and direct them to the appropriate source. This center
would not attempt to deliver programs or offer services,
but would act as a central point of contact for businesses
with questions about needs for staff development, pools of
trained potential employees available through the existing
educational program pipelines, or availability of the
opportunity for custom designed classes with costs being
covered by the employer, which would meet specific periodic
needs of that employer. Mr. Burris stated that a thorough
study has been completed by the California Business Journal
which reported that of all 50 States, Nevada is rated number
one as the place to be.
The 4 Community Colleges of Nevada will continue to play
a major role in delivering and maintaining the workforce.
The Nevada Business Plan for Education has suggested that
by the year 2000, 84% of Nevada's workforce will require
post-secondary technical training.
Mr. Burris stated that Nev-Ed-Net would be a center that
would coordinate and focus on a Community College response
that would meet Statewide workforce priorities as it helps
to attract, retain and expand business in the State.
Dr. Hammargren moved approval to establish, in concept,
a UCCSN center as a central point of contact for questions
from representatives from business and industry for reloca-
tion within the State of Nevada. Mr. Graves seconded.
Mrs. Sparks questioned whether this center would require
funding from the System and suggested that funding be
requested from economic development entities such as
EDAWN or NISET, etc. Mr. Burris responded that ideally
this center should be funded by UCCSN, but felt that fund
raising efforts from outside sources is certainly viable.
Mrs. Sparks stated that this center is an extension of what
these entities already do, and it would be most logical
for them to provide start-up funding. They should be made
aware that this is not on UCCSN's priority list and it
would be for their benefit at this time.
Mr. Burris indicated that there are procedures that must
be followed within the System, which have not been dis-
cussed at this time. If the Board should approve the
concept, then he will move this project forward and search
for outside resources to fund the project. Dr. Hammargren
stated that it was his intention to approach the industries
and request funding for this project.
Interim Vice Chancellor Steinberg stated that there is a
rigorous process to be followed when implementing a new
program, center or unit. She reminded the Board that
this center should follow the established process in being
fully accepted. The program must relate to the master plan
and academic plan. Mr. Burris agreed, but at the same time
the Strategic Directions address this very issue as a high
priority.
Mr. Graves agreed with Mrs. Steinberg and requested that
this project be pursued vigorously and state its sources
of funds, etc., possibly at the December Board meeting for
consideration by the Board.
Mrs. Price stated that the role of the University is not
to provide economic development, and that by keeping
business apart from higher education will allow higher
education to operate accordingly and not be taken over by
the business and industry. This is a challenge to the
academic faculty, and the Board's role is to provide edu-
cation and to protect this role from the outside political
influences. The Board must be sure it is making the right
decision and not be influenced by what businesses should
actually perform on their own.
Mrs. Berkley stated that UCCSN should be working with
government and businesses in attracting industry to Nevada.
She stated that she agreed with the concept, but emphasized
the critical need to follow the established process in
seeking approval of a new center.
Motion carried.
25. Approved the Reassignment of TMCC President (continued)
Mrs. Gallagher moved approval to reassign Dr. John Gwaltney
to his tenured faculty position, effective October 7, 1994;
to grant leave during the remainder of Dr. Gwaltney's con-
tract year, with the payment of full compensation and bene-
fits as provided in his current employment contract; and
to grant Dr. Gwaltney a "B" contract in the amount of
$83,767.13, effective July 1, 1995. Mr. Graves seconded.
Interim Chancellor Richardson reported that he had spoken
to Dr. Gwaltney regarding the request for a "Hold Harmless
Clause". Dr. Gwaltney has stated he wished his attorney
to review the clause prior to his consent. General Counsel
Klasic reported that the attorney has stated he prefers to
review the clause prior to final agreement. However, the
attorney is on vacation and cannot be reached until next
week. Mr. Klasic suggested the Board could approve the
contract along those terms to resolve and achieve an amend-
ment with Dr. Gwaltney and his attorney at such time.
Dr. Richardson highlighted the proposed contract:
1) Reassignment to tenured faculty, effective October 7,
1994, and granted tenure when he was hired;
2) Paid leave for the remainder of the year;
3) Receive current salary and fringe benefits for full
contract until June 30, 1995;
4) Return to TMCC faculty on a "B" contract and receive
$83,767 as salary beginning July 1, 1995;
5) Receive same percentage salary increases as granted
to other faculty;
6) Agree not to make negative comments against the Board
of Regents, TMCC nor the System, and that we do the
same for him;
7) All other previous agreements and undertakings are
superceded by this agreement, except for the employment
contract; and
8) If the Board of Regents does not approve this agreement,
it shall be void and have no effect, and Dr. Gwaltney
will remain as President of TMCC.
Mrs. Price requested that the Board schedule a teleconfer-
ence to vote on the final contract. She requested that
the Board not rush into this decision.
Dr. Derby stated that there is a real widening gap of busi-
ness and perception of what is fair and equitable for UCCSN
employees. The Board should review its policies on sever-
ance arrangements. The public sector is very unhappy with
this arrangement and the Board should be sensitive and
responsible to its constituents. UCCSN needs public support
for higher education.
Mr. Graves agreed with Dr. Derby, but did not wish to post-
pone the vote on this issue.
Upon questioning, Mr. Klasic stated that if the Board amends
its motion contingent upon the agreement between the two
parties on the hold harmless clause, and the two parties
do not agree with the language, then the issue is dead and
Dr. Gwaltney remains President of TMCC.
Mrs. Gallagher amended the motion with the contingency
that the two parties will agree to the hold harmless clause.
Mr. Graves seconded.
Mr. Klasic clarified that if Dr. Gwaltney should take
another position outside UCCSN, then the agreement becomes
void.
Dr. Derby opposed. Motion carried.
Dr. Derby left the meeting.
30. Reassigned CCSN Merit Pay FY 1994-95
Interim Chancellor Richardson, Interim President Hoggard and
other representatives from CCSN reported on the CCSN merit
pay for 1994-95.
Interim Chancellor Richardson gave a chronology of Community
College Presidents' Council meetings relating to the dis-
cussion of funding of faculty salary schedules. The salary
schedule for Community College faculty includes a 2.5%
merit increase. Historically, the Nevada Legislature has
only appropriated 2% for the merit pool for the Community
Colleges and the Universities. The 1995-97 biennial budget
request includes funding to resolve this difference between
the allocation and the salary schedules. In the past, when
UCCSN also received a cost-of-living increase for faculty
and staff, the institutions made up the difference between
the 2.5% and 2% from funds provided by the cost-of-living
increases. However, the cost-of-living increase has not
been granted and has created this issue.
Interim Chancellor Richardson stated that it was his under-
standing that during the 1992-93 academic year the Community
College Presidents met with Chancellor Mark Dawson to seek
granting of a 2.5% merit effective January 1, 1993. The
annual effect on budget in granting 6 months into the year
was realized at 1.25%. The faculty did not raise any ob-
jections to that decision. The procedure was done by the
Community College Presidents and Chancellor Dawson and was
never considered by the Board of Regents. President Paul
Meacham, CCSN, granted bonuses at 1.25% that year, thereby
giving his faculty an effective 2.5% increase for the en-
tire year while the other Community Colleges only received
1.25%. No authority was given to grant these bonuses in
the Board of regents' policy nor in the State law. A year
ago, the faculty received 2.5% for the first year of the
current biennium, and in 1993 the Community College Presi-
dents began discussions regarding the budget reductions,
with the possibility of repeating this procedure in the
second year of the biennium.
Interim Chancellor Richardson stated the following chronol-
ogy:
June 9, 1993 - Concern was expressed regarding funding
the 2.5% salary schedule when it appeared that the
Colleges would only receive 2% from the State budget.
At a time of severe budget cuts, this could create
serious Campus budget problems. It was agreed that
each Campus would somehow find the money for the coming
year but should begin discussions on how to resolve
the problem for the following year.
August 9, 1993 - Item of discussion of strategy to
approach salary schedule issues is listed on this
agenda, but meeting is cancelled.
October 6, 1993 - As a follow-up from the June meeting,
a discussion took place regarding the 2% vs. 2.5% prob-
lem as it related to the faculty's salary schedule. It
was agreed that the next step would be to meet with the
System Budget Office and examine budget implications.
November 17, 1993 - It was agreed that the integrity
of the 2.5% merit step schedule should be maintained.
It was agreed that UCCSN should try to fully fund the
schedule in the 1995 legislative session. In order to
maintain the integrity of the 2.5% schedule, it was
agreed that the salary increase be delayed a few months
to allow for an annualized 2% increase as funded by the
Legislature. All agreed to take this approach back to
their Campuses.
February 2, 1994 - A document prepared by the System
Budget Office reflected a cost at $140,000 to the 4
Colleges (this was later adjusted to $153,000 since
fringe benefits had not been included in the previous
report). The President again agreed that since the
budget conditions are so severe for 1994-95, they
should hold to their November decision to limit the
salary increase to an annualized 2% as funded by the
State. The effective date of first payment would be
October 1, 1994.
March 16, 1994 - After a lengthy discussion about
faculty salary planning strategy for the 1995 legisla-
tive session, it was agreed to maintain the earlier
agreed to position of maintaining the integrity of
the 2.5% salary schedule, but paying out the equivalent
of 2%.
May 4, 1994 - The Community College Presidents and the
Chancellor confirmed for the 4th time their agreement
to a 2.5% merit for the faculty, deferred so that it
is actually a 2% increase for the year.
June 9, 1994 - It was learned that a problem had sur-
faced related to the way contracts were issued to
faculty at CCSN. The group was reminded that all had
agreed to issue contracts at 2.5% but delay implementing
the increase until October 1, 1994, for an annualized
amount of 2.0%. Delaying the increase would equate to
approximately the amount allocated by the State. How-
ever, at CCSN, contracts were issued at 2.5% beginning
July 1, 1994 -- not delayed until October 1 as was the
agreement. Paul Meacham apologized for the difficulty
this has created and said he simply didn't communicate
to (any) of his staff the agreement made by the Presi-
dents.
It was agreed that Dr. Meacham would send a letter to
the faculty who had received the 2.5% requesting that
they return the contracts and another contract would
be issued to reflect the October 1 date for the in-
crease. Some CCSN faculty agreed to that request,
while others did not. According to Interim President
Hoggard there are currently 80 CCSN employees who have
the contracts calling for the 2.5% increase effective
July 1, 1994; 78 CCSN employees who have the contracts
calling for the 2.5% increase effective October 1,
1994; 6 CCSN employees who have not signed any contract
because of the conditions contained in the letter from
Dr. Meacham; 4 CCSN employees who are above the step or
range who do not receive automatic increases; 57 CCSN
administrative employees have signed a contract with
the effective date of October 1, 1994; and 15 CCSN
employees are not eligible until July 1, 1995.
In summary, Dr. Richardson reported that 1/3 of the CCSN
faculty have received the increase effective July 1, 1994,
while 2/3 of the CCSN faculty have received the increase
effective October 1, 1994. In context of all Community
College employees, those 80 CCSN employees who have
received the increase effective July 1, 1994, represent
16% of the total eligible Systemwide Community College
employees.
Dr. Richardson stated the problems that have occurred are
based upon an institution not following the agreement that
was agreed to by the Community College Presidents. This
action has posed the following problems:
1) The administration of the funds and whether the
President had authority to distribute the funds
in this manner; and
2) If the Board of Regents should choose to grant
the 2.5% to all faculty at CCSN for this year,
what is the impact at the other 3 Community
Colleges who have not received this increase.
Interim President Hoggard stated that Dr. Richardson has
described the events as he understands them. Once the
situation was identified, CCSN Administration tried to
discontinue the mistake, but had to honor the contracts
that were already executed. This has caused a great
morale problem throughout the institution.
Chairman Eardley requested the other Community College
Presidents to respond to this issue. On behalf of TMCC,
Dr. Rita Gubanich stated that she was not involved in
the Community College Presidents' discussion but has been
made fully aware of the situation at CCSN.
President Calabro stated that the Community College Presi-
dents did have an agreement and were instructed to relay
this agreement to their faculty. At WNCC the Faculty
Senate was included in the discussions, including the
budget building discussions. President Calabro noted
that when salary increases are deferred, the integrity
of the established salary schedule is questioned. If a
salary increase is given in January, then it becomes the
base salary for consideration in July.
President Remington stated that he concurred with what has
been said and emphasized the importance in maintaining the
integrity of the salary schedules. In time of strict
budgets the implementation of the salary schedules must
occur some time in the course of the year. There was
consensus of the Community College Presidents and he stated
that he went back to his institution and received concur-
rence of the faculty. NNCC does recognize that its faculty
is worth a great deal, and would want to give more, but
this constitutes an agreement that was made, and it was
determined that it was the best way to maintain integrity
and to balance the formulas for these diffcult economic
times. NNCC does not have a pool of personnel with ad-
vanced degrees and it wants to perform the best job pos-
sible for the students, while maintaining a balance.
Barbara Nelson, CCSN Faculty Senate Chairman, requested
that the integrity of the salary schedule be maintained.
It has been her understanding that at CCSN the President
verbally communicates directives from the Council of Pres-
idents' meetings, and to her knowledge there were not
written communications regarding merit pay. Ms. Nelson
urged that the solutions to this problem should keep faith
with the faculty at CCSN.
Mr. Graves moved approval to refer the matter to the new
Chancellor and CCSN President for resolution. Mrs.
Gallagher seconded.
Ms. Joanne Vuillemot, Nevada Faculty Alliance President at
CCSN, relayed the concerns of the NFA and urged that the
step increase be given to all CCSN faculty, effective July
1, 1994.
Mr. Dan Mc Clure, TMCC Faculty Senate Chairman, stated that
TMCC faculty feel that all Community College employees
should be treated the same.
Ms. Candace Kant, State President of NFA, urged the Board
of Regents to award the full merit pay retroactive to July
1, 1994. She stated that the System Compensation Committee
will address this concern and submit a draft proposal in
the near future.
Mr. Scott Hawkins, NNCC Faculty Senate Chairman, stated that
their faculty were fully informed and agreed with the deci-
sion of the Presidents.
Dr. Hammargren left the meeting.
Dr. Richardson stated that he strongly believed that people
should be held accountable for their decisions and mistakes.
He had proposed that the 2.5% merit increase be granted
effective July 1, 1994, but that funds also be transferred
from CCSN's budget to accommodate the other 3 Community
Colleges in order to cover the 2.5% merit increase effective
July 1, 1994 for all Community College faculty. If this
were endorsed, he guaranteed that this type of situation
would never happen again. He added that State law does not
allow for transfers between institutions; however, Dr.
Richardson stated that if the Board supports a salary
schedule that encompasses all 4 Community Colleges, then
the Board should not make exceptions for one institution.
Mrs. Gallagher stated that this is a fairness issue at CCSN,
but felt that this issue should be addressed objectively.
She stated that she supported the motion and did not think
it appropriate for the Board of Regents to solve this issue.
The Board has established a salary schedule, and what is
done with the salary schedule is an administrative issue.
Upon questioning, Chairman Eardley explained that the Board
of Regents approved a salary schedule that contained a 2.5%
merit increase; however, the Legislature has only appropri-
ated funds to cover 2%. The Community Colleges have had a
difficult time funding the entire 2.5%.
Mrs. Berkley stated that she resented being placed in this
position. She did not feel comfortable in shirking this
decision, and passing it onto two newcomers to the System.
This issue may cause the new President and Chancellor some
distress and may alienate their counterparts throughout
the System.
Dr. Hammargren returned to the meeting.
Mrs. Berkley opposed. Motion carried.
31. New Business
Chairman Eardley announced that a retreat is being scheduled
for members of the Board and Chancellor Richard Jarvis. He
requested the members of the Board to prepare questions for
discussion during this retreat.
Mrs. Price stated that she will be unable to attend the
retreat. She will meet with Dr. Jarvis after the retreat.
Chairman Eardley just learned that this is Vice Chancellor
Ron Sparks' last Board of Regents meeting.
Chairman Eardley announced that Dr. Rita Gubanich will be
placed in charge of TMCC until a permanent Interim Presi-
dent is selected by Vice Chairman Graves, Chancellor Jarvis
and himself.
Interim President Guinn announced that the following week
at UNLV looks to be very lively, and he will be pushing
the limits of his authority to solve the problems that may
arise.
He took this opportunity to personally thank Interim
Chancellor Richardson for his insight during Dr. Guinn's
time at UNLV.
The meeting adjourned at 12:18 P.M.
Mary Lou Moser
Secretary of the Board
10-06-1994