October 14-15, 1980
10-14-1980
Pages 22-50
BOARD OF REGENTS
UNIVERSITY OF NEVADA SYSTEM
October 14, 1980
The Board of Regents met on the above date in the Carlson
Education building, University of Nevada, Las Vegas.
Members present: Mr. Robert A. Cashell, Chairman
Mr. James L. Buchanan, II
Mrs. Lilly Fong
Mr. Chris Karamanos
Dr. Louis E. Lombardi
Mr. John Mc Bride
Mr. John Tom Ross
Mrs. June F. Whitley
Members absent: Mrs. Molly Knudtsen
Others present: Chancellor Donald H. Baepler
President William Berg, NNCC
President Joseph Crowley, UNR
President Jack Davis, WNCC
President James Eardley, TMCC
President Judith Eaton, CCCC
President Leonard Goodall, UNLV
Vice President Mark Dawson, DRI
Vice Chancellor Larry Lessly
Secretary Bonnie Smotony
The meeting was called to order by Chairman Cashell at 9:30 A.M.
1. Adoption of Consent Agenda
Adoption of the Consent Agenda (identified as Ref. A, and
filed with permanent minutes) containing the following items
was recommended:
(1) Approval of the minutes of the regular meeting of
August 29, 1980, and the special meeting of September
22, 1980.
(2) Acceptance of gifts and grants.
(3) Augmentation of the UNR Interview and Recruiting
Account by allocation of $15,000 from the Board of
Regents Special Projects Account.
(4) Augmentation of the Litigation Account by allocation
of $45,000 from the Board of Regents Special Projects
Account. These funds will be used for payment of
$30,000 by UNLV for settlement of the costs of a law-
suit in accordance with a memorandum previously dis-
tributed by Counsel, with the remaining $15,000 to
offset settlement by UNR of a lawsuit.
(5) Approval of the establishment of an Advisory Board for
the UNR School of Home Economics, and appointment of
the following to that Board for three year terms:
Amy Heintz, Carson City
Anne Lynch, Las Vegas
Linda Reed, Reno
Don Allen, Reno
Donald Jackson, Reno
Mike Melner, Carson City
Sue Wagner, Reno
Betty Schaus, Las Vegas
Frances Pistone, Las Vegas
Marilyn D. Boult, Las Vegas
(6) Appointment of Mr. Paul Bible, attorney, to the
Advisory Board for Truckee Meadows Community College,
replacing Mr. Jerry Higgins, who has resigned.
(7) Appointment of Melvin Brunetti, Carson City, and
Marjery Cavanaugh, Reno, to 3-year terms as members
of the UNR College of Arts and Science Advisory Board.
(8) Authorization to write off the following amounts in
delinquent student loans which are considered uncol-
lectable, with appropriate holds placed on the records
of the students involved:
UNLV - $2,517.72 distributed among 29 students
CCCC - 107.50 distributed among 3 students
(9) Approved an amendment to the ASUN Constitution chang-
ing the required vote to elect Judicial Council mem-
bers from 2/3 to a majority vote of the Senators
present.
(10) Authorized President Davis to accept an invitation
from the Taiwan Government, along with six other
Community College Presidents, to visit Taiwan from
November 2-12, 1980. The trip will be funded by the
Taiwan Government and is for the purpose of providing
information about the government, industry, people
and Community College systems.
(11) Approved an extension of leave without pay for Dr.
Peter L. Comanor, UNR Biology Department, for the pe-
riod January 1 through December 31, 1981, to allow him
to continue with the next phase of his assignment with
the U. S. Department of the Interior in Washington,
D. C.
(12) Approved a transfer of $42,819 from the School of
Medicine's Contingency Reserve to the Microbiology
Department, with $42,143 to Operating and $676 to
Wages. An offsetting transfer of Professional Salary
Savings has been made by that Department to the
Contingency Reserve.
(13) Approved the granting of an easement along Swenson
Street, between Tropicana and Flamingo, to allow the
Regional Transportation Commission to construct a
combination drainage channel and culvert.
(14) Approved Estimative Budgets for 1980-81 for: (1) UNR
Fire Service Academy in amount of $78,500; (2) Film
Library in the amount of $24,738; (3) Calves for Col-
lege in the amount of $25,300; (4) Equestrian Facility
in the amount of $20,300; (5) Atmospherium Planetarium
Counter Sales in the amount of $21,316.
(15) Authorized entering into a lease with Communications
Engineering, Inc. of Las Vegas with UNR to house the
KUNR-FM radio transmitter and associated electronic
equipment in a building and tower on Mc Clellan Peak.
Terms of the lease will be for an initial period of
ten years with a ten year option to renew. Rent will
be $500 per month for the first 60 months, and $555
per month for the second 60 months. The lease will be
subject to a successful negotiation by Communications
Engineering for a lease of the site from the BLM.
(16) Augmentation of the Unit Interview and Recruiting
Account by an allocation of $2,000 from the Board of
Regents Special Projects Account to assist in a na-
tional search for the position of Assistant Director,
Academic/Research Group, Computing Center.
(17) Authorized the reassignment of $19,000 from the CCCC
Campus Improvement Project to the CCCC Waterproofing
Project to allow for the upgrading of the parapet
treatment for waterproofing purposes at the Cheyenne
Campus.
Dr. Lombardi moved approval. Motion seconded by Mr. Mc
Bride, carried without dissent.
2. Discussion Concerning Information Agenda
Mrs. Whitley noted the Report of Professional Personnel
Appointments included in the Information Agenda and re-
quested comments from each of the Presidents concerning
efforts made to adhere to the University's Affirmative
Action Policy.
President Goodall explained that Mr. James Kitchen, Affirma-
tive Action Officer for UNLV, works with all of the Depart-
ments as well as with the Administration with respect to
Campus-wide appointments to assure that whenever there is
any vacancy, every attempt is made to reach the higher ed-
ucation community in general and a special effort is made
to reach minority and women communities.
President Eardley reported that TMCC follows the same pat-
tern of affirmative action recruiting, noting that although
no minorities are included in the current report before the
Board, three women have been hired.
Mrs. Whitley asked if there is a special effort made to
insure that minorities and women are included in the
applicant pool.
Mr. Kitchen explained that there are approximately 155
minority organizations which are contacted in an effort to
attract minority applicants. He pointed out, however, that
just because a minority applicant is in the pool for a
specific job, it does not mean that the minority applicant
will be appointed. He further explained that the number of
minority applicants in the Science areas is very small, in-
creasing somewhat in the mathematics areas with mostly East
Indian or Asian, but not Hispanics or Blacks, and increasing
still more in English and History. However, he noted, most
of the minority applicants are attracted to administrative
positions or middle-management type positions.
Mr. Kitchen went on to explain that there are up to 3500
institutions around the country, trying to hire from a very
small pool of perhaps 2800 to 3800 Black Ph. D.s. Black
applicants are increasing but there is still a great deal
of competition to hire from a very limited pool.
Chancellor Baepler agreed, suggesting that the problem which
faces most institutions is not trying to hire qualified mi-
norities who are unemployed, it is in trying to hire such a
person away from another institution.
Mrs. Fong noted the large population of Spanish Americans in
Nevada, and the statements being made by representatives of
that group that very few are represented on the Campus. Mr.
Kitchen agreed that there was such a population, and pointed
out that there is also a very large population of Blacks;
however, he noted, the numbers in the State have no relation
to the numbers who may be qualified for positions in higher
education.
President Crowley commented on the report from UNR of new
professional appointments, pointing out that a Graduate
Teaching Fellow in Sociology (Mr. Kenneth Bazzell) was in-
correctly reported as being White, when in fact he is Black.
3. Recommended Policy Statement for Inclusion in Board of
Regents Handbook
President Eardley requested approval of a policy statement
for TMCC which includes those policies and practices govern-
ing admission, registration, grades and examinations at TMCC
some of which have been previously approved by the Board and
some of which reflect practices which have been developed in
an attempt to adapt University policy to TMCC's needs. Pro-
posed policy statement included with the agenda (identified
as Ref. B and filed with permanent minutes). Upon adoption,
it is recommended that the policy be included in an appro-
priate section of the Board of Regents Handbook.
Mr. Mc Bride moved approval. Motion seconded by Mrs. Fong,
carried without dissent.
4. Field Ironworkers Apprenticeship Program, TMCC
President Eardley reported that the Field Ironworkers
Apprenticeship Training Program in which TMCC participates
has requested the use of land adjacent to the College for
the purpose of conducting their manipulative and classroom
training. The area proposed for such use is approximately
1.7 acres on which the apprentices would erect one metal
building for classroom use, erect and dismantle another
metal building, and erect a two story structure frame for
manipulative training. The area will be fenced and main-
tained as a construction site with all regard to applicable
regulations.
President Eardley recommended approval of this concept and
authorization to proceed with development of the necessary
lease.
In response to a question from Mrs. Fong, concerning the
possible pollution and/or hazard this kind of activity might
create in proximity to the College, President Eardley ex-
plained that this was not a smelter operation but a program
involving construction with iron.
Dr. Lombardi moved approval. Motion seconded by Mrs. Fong,
carried without dissent.
5. Traffic Problem, TMCC
President Eardley reported that TMCC has recently completed
its most successful registration period ever, and is pleased
that the enrollment for Fall is the highest in the history
of the institution. However, he noted, this increase in
enrollment has also increased the severity of a traffic
problem that has been building for several years.
He explained that presently the only entrance to the College
is via El Rancho Drive which intersects with Clearacre Lane.
This intersection has a stop light, but is the timed variety
rather than the traffic flow variable type signal. The
traffic problem occurs between 6:30 and 7:00 P.M., when
students are leaving and arriving at the Campus (classes
dismiss at 6:45 P.M., and form again at 7:00 P.M.), causing
traffic to back up at the El Rancho Clearacre intersection
in four directions.
President Eardley stated that although the UNR Campus Police
have indicated a willingness to help by directing traffic at
this peak period, they do not have jurisdiction at the in-
tersection. The Washoe County Sheriff's Office, which does
have jurisdiction, is unable to provide an officer for this
purpose.
Dr. Eardley stated that he believed this problem is of suf-
ficient magnitude to be of real concern to the College, both
from a public relations standpoint and a safety hazard. He
requested the Board's concurrence in placing this matter be-
fore the County Commissioners with a request for assistance
in solving the problem.
In the discussion following it was agreed that further at-
tempts should be made to work out a solution with the Washoe
County Sheriff's Office, with assistance in this effort to
be provided by Chairman Cashell and Regent Lombardi, before
going beyond that agency to the County Commission.
Dr. Lombardi moved President Eardley be requested to seek a
solution to the traffic problem described by again request-
ing assistance from Sheriff Galli's Office, before any
approach to the County Commission. Motion seconded by Mrs.
Whitley, carried without dissent.
6. Request for Redefinition of Collective Bargaining Unit
Chancellor Baepler reported that a request had been received
from the WNCC Faculty Senate for a redefinition of the col-
lective bargaining unit as defined in the Professional
Employees Collective Bargaining Regulations (B/R Handbook,
Title 4, Chapter 6, Section 24(e)). Specifically, the WNCC
Faculty Senate feels that the "community of interest," as
defined by present unit definition is arbitrary, and recom-
mends that the collective bargaining unit for Community Col-
leges within the University of Nevada System should follow
the administrative structure. The WNCC Faculty Senate re-
quests the Board to redefine the term "unit" to read that
each Community College institution is a separate unit for
collective bargaining purposes.
Chancellor Baepler recommended that the "unit" be left as
presently described, but suggested that before presenting
the position of management, WNCC should be allowed to pre-
sent its case.
Mr. James Claybrook, Chairman of the WNCC Faculty Senate,
distributed a memorandum which stated the position of the
WNCC Faculty Senate (memorandum filed with permanent
minutes).
Mr. Claybrook stated that this is viewed by the Faculty
Senate as an issue that goes beyond collective bargaining,
whether or not collective bargaining actually occurs; rath-
er, he stated, the faculty view this as an invasion of the
prerogative to participate in decisions concerning faculty
welfare.
Mr. Buchanan objected to the change in the definition of the
bargaining units, suggesting that if the Community Colleges
were separated for this purpose, and one College negotiated
a contract with benefits that the other Colleges did not
have, it would structure a difficult relationship for that
College with the other Colleges.
Chancellor Baepler agreed, pointing out that the first con-
tract that is negotiated, regardless of which institution is
involved, would form a model for other institutions. There-
fore, if each of the Community Colleges is a different bar-
gaining unit, then theoretically, 8 faculty members at Elko
could vote for collective bargaining and force the Univer-
sity into a collective bargaining posture. Dr. Baepler
also suggested that this type of thing must be kept within
a critical mass in order to be effective.
Regent Mc Bride asked whether it would be well to have only
one Systemwide unit, rather than several units as is now
provided.
Regent Karamanos suggested that spreading the collective
bargaining process out into so many units weakens the
process.
Mr. Ross agreed that a System unit would guard against a
small group of faculty being able to force the total system
into a collective bargaining situation against the wishes of
the majority.
Mr. Buchanan moved that there be no redefinition of the
collective bargaining units. Motion seconded by Mr.
Karamanos.
Mr. Ross requested that a second to the motion be withheld
until the presentation on this matter was complete.
President Davis stated that he fully supported the action
taken by the WNCC Faculty Senate concerning this change, re-
calling that the Board had in December, 1979 separated WNCC
into two separate Colleges in order that each of the two re-
sulting Campuses would have autonomy. At the same time, the
Board dissolved the Division concept as it related to the
Community Colleges and declared that each of the Colleges
was an independent institution. He suggested that allowing
WNCC to be considered a separate unit for collective bar-
gaining purposes was consistent with that decision by the
Board for separation.
Chancellor Baepler stated that from a management perspec-
tive, to have the Community Colleges each as an individual
unit would be unworkable. He agreed that perhaps it was a
mistake to have the two Universities as separate units, but
pointed out that at least the Universities represent four
or five hundred people of great diversity; however, to now
break the Community Colleges down into four separate organ-
izations would be unthinkable.
Mr. Mc Bride moved to amend Mr. Buchanan's motion to direct
that collective bargaining regulations be revised to re-
define the bargaining units into one Systemwide unit.
Vice Chancellor Lessly stated that the agenda item concerns
only WNCC and the Board could not take action to make it a
System item without placing the matter on a future agenda.
Mr. Mc Bride agreed to its placement on the November agenda.
Chancellor Baepler stated that the faculty are deeply in-
volved in this matter, and urged that this go back to the
Senates for further study, suggesting that to take action
on this without referral to the Senates would be capricious.
Mr. Ross stated that he strongly supported WNCC in its re-
quest, pointing out that the WNCC faculty had voted 34-0
against collective bargaining in a previous election and
just because of an administrative nicety and to keep things
in a smooth package, he did not believe the faculty's basic
rights ought to be sacrificed. He stated that he believed
this matter goes to the very core of the concept and phi-
losophy of faculty participation in University governance.
Now that the Regents have taken action to separate the Col-
leges into independent institutions, the WNCC faculty have
just as much right to consideration as a separate unit for
collective bargaining as any other institution or group.
However, Mr. Ross added, if collective bargaining is approv-
ed, it will have wide implications for all of the institu-
tions, and for that reason, he suggested that the matter be
tabled to allow time for further review.
Mr. Mc Bride withdrew his request that it be placed on the
next agenda and asked that the Chancellor raise the issue of
a single Systemwide unit with the appropriate Administrators
and Faculty Senates, and agreed that he would bring this up
as a matter of new business at the appropriate time.
Mr. Buchanan asked for a vote on his motion.
It was noted that subsequent to the distribution of the
agenda, a request had been received from the WNCC Faculty
Senate that this be moved to a discussion rather than an
action item.
Mr. Buchanan offered to withdraw his motion to deny the re-
quest by WNCC, if he was assured that it is not coming back
on the agenda as an action item at a subsequent meeting.
Mr. Claybrook stated that it would not be his intention to
bring this back as an action item in this form.
Mrs. Fong suggested that whatever direction is taken in
subsequent action by the Board, the welfare of the students
must not be overlooked.
7. Request for Approval of Special Fees, CCCC
President Eaton reported that as a result of establishment
of the Slots Management option within the Casino Management
Technology Program, the acquisition of new Word Processing
equipment, and a significant increase in food costs affect-
ing the Food Service Technology Program, it has become nec-
essary to consider the assessment of the following course
fees, effective Spring, 1981. She noted that all fees are
to accommodate costs associated with consumables in the in-
struction program, and are, in each case, in addition to
the per credit fee assessed:
Slot Repair
ST 101 Slot Repair Technician I $10
ST 102 Slot Repair Technician II 10
ST 103 Slot Repair Technician III 10
ST 104 Slot Repair Technician IV 10
Word Processing
OA 206B CPT Word Processing 10
Food Services
FST 161 Quant Food Prod I 10
FST 162 Quant Food Prod II 10
FST 163B Principles of Baking 10
FST 164B Advanced Baking 10
Mr. Mc Bride moved approval. Motion seconded by Dr.
Lombardi, carried without dissent.
8. Request for Approval of Constitution, Associated Students
of CCCC
President Eaton reported that the Student Government of
Clark County Community College (ASCC) has developed and ap-
proved a new constitution to replace the document adopted
and approved for that organization in 1974. She noted that
the new constitution (identified as Ref. C and filed with
permanent minutes) has been reviewed by CCCC Administrative
Staff and Legal Counsel and she recommended approval by the
Board of Regents, to become effective Fall, 1980. Dr.
Eaton introduced Ms. Judy Butler, President of the CCCC
student government.
Ms. Butler commented on the Constitution which had been
developed, noting that the Preamble outlines the purpose of
student government. She called specific attention to two
provisions in the document: that ASCC would operate within
its income, and that ASCC will serve as a voice for all of
the students of CCCC, not just a few. To this end, she
stated, 3 boards have been created: the Student Activities
Board, the Publications Board and the Grievance/Judician
Board. She also noted that this document is a product of
3 successive and successful student governments and in-
corporates the best information available on the structure
of Community College student government. She requested
approval of the Board of Regents.
Mr. Karamanos moved approval. Motion seconded by Mrs.
Whitley, carried without dissent.
9. Bid Opening, Campus Improvements, Phase I, UNR
President Crowley reported that bids were opened September
16, 1980 for Campus improvements at UNR for the handicapped
with the following bid results:
Base Bid Alt A Alt B
Cunningham Construction $1,680,000 $27,000 $65,000
W. A. Thomas 1,685,000 50,000 85,000
Vasko & Associates 1,727,000 35,000 87,000
Alternate A - Patch and repair roofing at Mackay Science,
including gutters, flashing, caulking, and
urethane roofing.
Alternate B - Provide and install new urethane roofing sys-
tem at Church Fine Arts building, including
flashing, gutters, patching, and repairing.
Dr. Crowley noted that this portion of campus improvements
had been budgeted by the State Public Works Board at
$1,581,123. Since the low bid is somewhat in excess of that
budgeted amount, the Public Works Board has been attempting
to negotiate with the low bidder to meet the budget figure.
Dr. Crowley recommended that the Board of Regents concur
with the State Public Works Board in renegotiating this
contract in order that a contract may be awarded and the
work may proceed.
Mr. Karamanos moved approval. Motion seconded by Mrs. Fong,
carried without dissent.
10. Appointments to UNR Foundation Fund Board
President Crowley recommended the following appointments to
the UNR Foundation Fund Board:
Clay Darrow, Chairman of the Board, Mission Bay Finance
Corporation, San Diego
David Buckman, President, Nevada Financial Development
Corporation, Incline Village
Don Michaelson, M. D., Woodland Hills, California
Jim Mercer, Vice President, Korn/Ferry International,
Atlanta
George Gund, III, San Francisco
Theodore J. Day, Preston Q. Hale & Associates, Reno
John F. Rhodes, Jr., Alexander Grant & Company, Reno
Eugene J. Michal, President, Amax Extractive, Golden,
Colorado
Jim Megquier, Oral Surgeon, Reno
John Mackay, Vice President, H. Swift and Company, San
Francisco
Royce Hardy, Senior Vice President, Duval Corporation,
Tucson
Paul Robinson, Vice President, Wells Fargo Bank,
San Francisco
Mrs. Fong moved approval. Motion seconded by Mr. Ross,
carried without dissent.
11. Proposed Acquisition of Land, UNR
President Crowley requested authorization to purchase three
parcels of land adjacent to the north end of the Campus, and
within the Master Plan for the Special Events Pavilion (land
reflected on map, identified as Ref. D and filed with perma-
nent minutes).
Parcel 1 - Lot No. 7 is vacant land consisting of 1.27+
acres appraised at $54,000.
Parcel 2 - Lots No. 9, 10, 11, and 12 are also vacant land
totaling 3.68+ acres appraised at $166,000.
Parcel 3 - A portion of Lot No. 8 consisting of three un-
dedicated streets totaling approximately 1.67
acres appraised at $78,570, or $1.08 per square
foot. The exact lot dimension and price will be
determined by the survey report to be supplied
by the best seller.
President Crowley recommends that the appraisals be accepted
and the University be authorized to negotiate for the pur-
chase of these properties, with funds to be provided from
the Higher Education Capital Construction Fund.
Mr. Ross moved approval. Motion seconded by Dr. Lombardi,
carried without dissent.
12. Center for Business and Economic Research, UNLV
President Goodall reported that he had received a proposal
that the Metropolitan Research Association of Southern
Nevada become the official Advisory Board to UNLV's Center
for Business and Economic Research. Discussions concerning
the proposal have been held with Mr. Fred D. Gibson and Mr.
Tim Carlson, representing the Nevada Development Authority,
and with Mr. Bill Wright and Ms. Ann Cooper, representing
the Las Vegas Review Journal, and with Dean George Hardbeck
and Dr. Betty Yantis, Director of the Center. Proposal in-
cluded with the agenda (identified as Ref. E and filed with
permanent minutes).
Dr. Goodall noted that there is an existing Advisory Board
to the Center, established by the Board of Regents to repre-
sent many of the most highly regarded business and civic
leaders in the community. He recommended that the existing
Board be retained as the Advisory Board to the Center, ex-
panded by the addition of the members of MRA, with the MRA
members designated as the Executive Committee of the expand-
ed Advisory Board to the Center for Business and Economic
Research.
Mrs. Fong stated that she was an ex officio member of the
present Advisory Board and although the Board had not been
active because of limited funding she hoped that the Regents
would continue to serve in this capacity.
Dr. Goodall stated that the continued presence of Regents
and the Advisory Board members was the reason for having the
larger Board remain in effect and that he would bring back
to the Regents a recommendation for staggered terms in the
near future.
Mr. Mc Bride moved approval. Motion seconded by Mrs. Fong,
carried without dissent.
13. Administrative Study and Recommendations, UNLV
President Goodall presented a copy of the UNLV Administra-
tive Study recently completed (identified as Ref. F and
filed with permanent minutes), noting that it is provided
at this time mainly for the information of the Regents.
Most of the recommendations in the report will be discussed
with various Campus groups before being brought to the
Regents for implementation; however, Dr. Goodall stated,
he wished to submit the following two recommendations for
approval of the Board at this time:
(1) That the title of the Vice President for Educational
Services, now vacant, be changed to Dean of Student
Services, with the responsibility for all of the
administrative units formerly responsible to the Vice
President.
(2) Establishment of the position of Assistant to the
President on a half-time basis.
Mrs. Fong moved approval of the above recommendations.
Motion seconded by Mr. Mc Bride, carried without dissent.
In stating her motion for approval, Mrs. Fong questioned
whether the people in the Student Services Office would be
demoralized since they would be reporting to a Dean instead
of a Vice President.
President Goodall responded that he did not believe that
this change would have an adverse effect on the persons in-
volved and it was the intent of the proposal that the Dean
continue to report to the President's Office and continue
to be a direct member of the administrative staff of that
Office. He further stated that the title change would also
identify to the students who is the Senior Officer and their
advocate to the Administration.
14. Proposal for Naming of Education Auditorium, UNLV
President Goodall presented, with his endorsement, the fol-
lowing resolution passed by the Advisory Council of the
College of Education, noting that this action was taken in
response to an earlier suggestion by Mrs. Fong.
Upon the recommendation of the Department of Curriculum
and Instruction and through action of the College of
Education Advisory Council on September 3, 1980, it is
requested that the auditorium adjoining the Carlson
Education building be officially named after Dr. Holbert
H. Hendrix.
Mrs. Fong moved approval. Motion seconded by Mr. Karamanos,
carried without dissent.
15. Proposal for Computing Center
Chancellor Baepler recalled that in June, 1980 the Arthur D.
Little Report on the Computing Center was presented to the
Board of Regents with the understanding that recommendations
from the Officers for implementation of certain of those
recommendations would be submitted to a subsequent meeting
for action by the Board. The Data Processing Policy and
Planning Board was requested to review each of the recom-
mendations contained in the ADL Report and in turn recommend
to the Chancellor's Advisory Cabinet appropriate action in
each case.
Chancellor Baepler reported that as the first priority for
hardware expansion, the DPP&P Board recommended the replace-
ment of the main computer with a larger computer and this
was achieved by installation of the CYBER 171-6. A second
priority recommended is acquisition of a time share computer
for the Las Vegas facility and a communication processor for
the Reno facility, with assistance to be requested from the
Board of Regents Special Projects Account. An explanation
from Mr. Niels Anderson, Director of the Computing Center,
was included with the agenda (identified as Ref. G and filed
with permanent minutes).
Chancellor Baepler and the institutional Presidents request-
ed an allocation of $170,000 from the Board of Regents
Special Projects Account to purchase and install a time
share oriented computer in Southern Nevada. They further
recommended that purchase and installation of a communica-
tion processor at the Northern Nevada Computer Facility,
at an anticipated cost of $150,000, be deferred until
Spring or Summer of 1981.
Mr. Mc Bride moved approval. Motion seconded by Mrs. Fong.
Mr. Buchanan questioned the continued use of the Board of
Regents Special Projects Account for the purpose of main-
taining and updating the Computing Center, indicating that
he believed the equipment for this Center had been funded
completely by this account.
Chancellor Baepler agreed that the University had had no
significant assistance from the Legislature in terms of per-
sonnel or hardware for the Computing Center for at least the
last three Legislative Sessions. He further stated that the
number one priority to the Legislature this Session is for
faculty salaries although the Computing Center comes close
to being the second highest priority.
Mr. Buchanan expressed his concern that if the Board of
Regents funds this equipment, the Legislature would take the
position that future needs of the Computing Center should
also be funded in this manner.
Motion carried with Mr. Buchanan opposing.
16. Proposed Board Calendar for 1981
Chancellor Baepler submitted the following meeting calendar
for 1981, noting that it had been reviewed by the Officers
and recommended for adoption by the Board:
Friday, January 23, 1981 Las Vegas*
Friday, February 27, 1981 Reno
Friday, April 3, 1981 Las Vegas
Friday, May 8, 1981 Reno
Friday, June 12, 1981 Las Vegas
Friday, July 24, 1981 Reno
Friday, August 28, 1981 Las Vegas
Friday, October 2, 1981 Reno
Friday, November 6, 1981 Las Vegas
Friday, December 11, 1981 Reno
Friday, January 22, 1982 Las Vegas
*Indicates change from previously adopted calendar which
scheduled this meeting in Reno.
Mr. Buchanan moved approval. Motion seconded by Mrs. Fong,
carried without dissent.
17. Mandatory Retirement Policy
As recalled in the agenda in June, 1979 the Board of Regents
was advised by Counsel that the Federal Age Discrimination
and Employment Act of 1977 allowed the University three
options with respect to its retirement policy:
(a) no mandatory retirement age whatsoever;
(b) adoption of age 70 as the mandatory retirement age for
all faculty, effective immediately; or
(c) adoption of age 65 as the mandatory retirement age for
tenured faculty, as allowed by the exemption provided
to Universities, and age 70 for all nontenured faculty,
until 1982 when age 70 would apply to all faculty.
The Board subsequently approved the Chancellor's recommenda-
tion that the option contained in paragraph (c) above be
adopted, effective immediately. The Board further agreed
that effective concurrently with adoption of the above pol-
icy on mandatory retirement, the practice of granting post-
retirement appointments be abolished and that, until specif-
ic criteria for such post-retirement appointments was de-
veloped and adopted, any faculty member continuing with the
University after retirement be retained by letter of ap-
pointment for specific courses. Subsequently, at a later
meeting in November, 1979, the Board adopted criteria which
established conditions under which a one-year nonrenewable,
post-retirement appointment could be granted.
Two separate matters are now before the Board which relate
to the Board's policy on mandatory retirement and post-
retirement appointments:
(1) A report has recently been distributed by Counsel
concerning Oakley v. Board of Regents.
(2) A request for exception to the mandatory retirement
policy has been received on behalf of Dr. Albert C.
Johns (request identified as Ref. J and filed with
permanent minutes).
Vice Chancellor Lessly recalled that subsequent to the a-
doption of the mandatory retirement policy, a lawsuit was
filed by Mr. Chauncy Oakley, a faculty member at TMCC, re-
sisting mandatory retirement based on his age. The Univer-
sity argued that based on the King decision, any attempt to
impose the State statute with respect to retirement on the
Board of Regents was unconstitutional. However, summary
judgment was entered in favor of Mr. Oakley.
Mr. Lessly suggested that in view of the Court's decision
in the Oakley case, the Board had two alternatives:
(1) The decision could be appealed to the Nevada Supreme
Court in an attempt to sustain the mandatory retirement
policy; or
(2) The Board could have no mandatory retirement policy at
any age.
Mr. Karamanos stated that he disagreed with the mandatory
retirement policy, considering it to be discriminatory.
Mr. Lessly pointed out that the Federal statute which the
Board was guided by in adopting its policy has not been
challenged. He suggested that the question is one of State
law and whether the Legislature can impose this State
statute upon a constitutional Board.
Mr. Buchanan moved that the retirement policy be retained
as adopted and that the Oakley decision be appealed to the
Nevada Supreme Court. Motion seconded by Mr. Mc Bride,
carried with Mr. Karamanos opposing.
Dr. Goodall reported that a letter had been received from
Dr. Johns' attorney, asking that the request noted in the
second part of the agenda item be removed from the agenda
at this time.
Mr. Buchanan moved that Dr. Johns' request be removed from
the agenda. Motion seconded by Mr. Mc Bride, carried with-
out dissent.
18. Enrollment Report and Recommendations
Chancellor Baepler reported that enrollments for the Fall
semester at all institutions have exceeded the projections,
with the Universities increasing 6-7% over last year, TMCC
and CCCC up about 20%, WNCC up 15% and with NNCC still un-
determined. Dr. Baepler pointed out that the enrollment
projections upon which the 1981-83 Biennial Budget was based
have proven to be too low. In fact, CCCC and TMCC have al-
ready met the 1983 projections and UNR and UNLV have exceed-
ed the 1981 estimates. As a consequence of these higher-
than-anticipated enrollments, the Budget Request must be ad-
justed. However, Dr. Baepler also pointed out, indications
are that the coming biennium is going to be very tight fi-
nancially with little or no additional staffing provided
and, as a consequence, the Universities and Community Col-
leges face a serious problem. Dr. Baepler suggested that
over the past 8-10 years there has been a steady deteriora-
tion in the quality of education the System institutions
are able to offer and it has reached the point where if the
Community Colleges and Universities do not get substantial
increases in staff they cannot continue to grow.
Dr. Baepler recalled that the Board had previously instruct-
ed each of the Presidents to develop short- and long-term
plans to be submitted to the Board in December. He recom-
mended that the Presidents prepare alternative plans in the
event additional staffing and monetary support is not forth-
coming from the 1981 Legislature, and that these alternative
plans examine elimination of programs, and enrollment freez-
es (including a possible cutback from this year's enrollment
level). These alternative plans will then be reviewed by
the Chancellor's Advisory Cabinet before submission to the
Board of Regents, probably at its January meeting.
Mrs. Whitley moved approval of the Chancellor's recommenda-
tion. Motion seconded by Mrs. Fong, carried without
dissent.
19. Proposed Amendment of Board of Regents Bylaws
At the August 29 meeting, Mr. Buchanan proposed that the
Bylaws of the Board of Regents be amended by eliminating
the Finance Committee as a standing committee of the Board
of Regents with action to be taken at the next subsequent
meeting in conformity with the Bylaws provision governing
amendments.
Mr. Buchanan moved that this be deferred until the November
meeting. Motion seconded by Dr. Lombardi, failed by the
following roll call vote:
Yes - Mr. Buchanan, Mr. Karamanos, Mr. Ross
No - Mrs. Fong, Dr. Lombardi, Mr. Mc Bride, Mrs.
Whitley, Mr. Cashell
Mr. Buchanan moved that the proposed amendment to the
Bylaws be approved as submitted at the August meeting.
Mr. Buchanan spoke in support of the proposed amendment,
stating that he believed the Finance Committee is duplicat-
ing the Board, that it is consuming too much staff time, and
the Regents who are not on the Committee are not fully in-
formed concerning the matters discussed in the Committee.
Mr. Cashell disagreed, pointing out that the Committee does
not take final action, it only recommends action to the
Board. He also noted that all Board members are invited to
Committee meetings and those who are interested enough do
attend. Mr. Cashell also recalled that Mr. Ross proposed
establishment of such a Committee to the 1979 session of the
Legislature and the Legislature had responded very positive-
ly to that proposal.
Mrs. Fong spoke in support of the continuance of the Finance
Committee, noting that the staff of the Business Centers are
very positive toward the Committee and believe that it
serves a worthwhile function.
Mr. Ross commented on the structure of the Committee, stat-
ing that advice he has received from people in the account-
ing field indicates that it is very bad practice for any
organization to have a Finance Committee composed of both
budgeting and auditing functions, and recommended that the
two functions should be totally separate.
Mrs. Whitley spoke of discussions with other Regents and
trustees at the recent AGB Conference, in which she learned
that many Universities do have such a combined Committee,
adding that those trustees with whom she talked were
surprised to learn that Nevada operated with only two
standing Committees.
Chancellor Baepler noted that the University of Nevada has
always chosen not to run the Board of Regents with a com-
mittee system. He also pointed out that the original intent
when the Finance Committee was established was to have the
Committee meet only once a year to look at the budget and
once to look at the annual management letter.
Mr. Karamanos suggested that perhaps there should be a
clearer definition of the functions and responsibilities of
the Finance Committee, and that perhaps some of the matters
on the Committee's agenda ought to go on the Board's agenda
instead, citing as an example the recent audit report of the
UNLV Intercollegiate Athletics Department.
Mr. Cashell suggested that if any standing Committee is to
be effective, it must meet more frequently than suggested by
the Chancellor.
Mrs. Whitley commented that if it was a fact that the Board
is legally responsible for the management of all University
funds, she could not understand the debate over the exist-
ence of a Finance Committee as a standing Committee of the
Board.
Mr. Buchanan stated again that he was opposed to the Finance
Committee on the grounds that it was assuming too much re-
sponsibility, that it duplicated staff functions, and be-
lieved that the items going to the Finance Committee could
be easily accommodated on the Board's agenda.
Mr. Ross stated that he believed it to be an absolute neces-
sity to have a Committee that deals in depth with the budget
when the University goes to the Legislature in January. As
for the complaint that the Committee is taking on too many
functions, Mr. Ross suggested that that could be handled by
having additional Committees and reassigning some of the
functions.
Motion seconded by Mr. Mc Bride, failed with the following
roll call vote:
Yes - Mr. Buchanan
No - Mrs. Fong, Mr. Karamanos, Dr. Lombardi, Mr. Ross,
Mr. Mc Bride, Mrs. Whitley, Mr. Cashell
20. Mr. Buchanan moved that his request for a report as to how
Dr. Negratti "had not been cooperative", as indicated in a
report distributed by Counsel at the August meeting, be de-
ferred until the November meeting since he believed the
matter would be resolved by that time, and stated that he
would notify the Chair if he wished it placed back on the
agenda. Motion seconded by Mr. Karamanos, carried without
dissent.
21. Approval of Establishment of Unitrust, and Acceptance of
Additional Gifts
President Crowley requested that the Board approve the es-
tablishment of a Unitrust between the Board and Mrs. Harriet
S. Wolf, South Laguna, California (copy of final draft of
agreement distributed at meeting and filed with permanent
minutes). Dr. Crowley noted that the agreement has been
reviewed and approved by University Counsel and by Mrs.
Wolf's attorney. The Unitrust will be established with
gifts of cash and stock, with a total value of $120,000.
The amount paid to Mrs. Wolf for the remainder of her life
will be 8% of the trust's fair market value. At her death,
the corpus is to be made available for unrestricted use by
UNR. The corpus is comprised of cash estimated at $93,328,
and securities, listed below, with an estimated value of
$26,672:
80 shares AMF Inc. common
295 shares Investment Trust, Boston, Mass.
120 shares R. H. Macy and Company common
75 shares Texasgulf, Inc.
142 shares Value Line Income Fund
381 shares Value Line Spec. Sit. Fund
*955+shares Value Line Income Fund
*This stock will be added at a later date.
President Crowley also requested acceptance by the Board of
500 shares of Gannett Company, Inc. stock from Mr. and Mrs.
Charles H. Stout to be held as a permanent endowment fund or
added to an existing endowment fund, the income from which
is to be used in support of the Oral History Project, UNR.
The estimated value of the stock is $28,625, to which will
be added up to $10,000 as a matching gift from the Gannett
Foundation.
Mr. Mc Bride moved approval. Motion seconded by Mrs.
Whitley, carried without dissent.
22. New Business
(1) Mrs. Fong requested a follow up report from the
Presidents concerning the activities of the various
Foundation Fund Boards.
(2) Mr. Karamanos raised the question of articulation be-
tween the Community Colleges and the Universities and
commented on a recent publication by CCCC, Student
Transfer Guide, which he suggested was an excellent
tool for use by students wishing to transfer from CCCC
to UNLV.
President Crowley reported concerning the recent
initiation of meetings of UNR, TMCC and Washoe County
School District personnel to talk about common problems
and opportunities, and noted that this group would like
to address itself to the preparation of a document
similar to the one prepared by Dr. Eaton.
Chairman Cashell asked each of the Presidents to report
back to the next meeting if they are aware of a problem
of any magnitude in the area of transfer of credits
from the Community Colleges to the Universities.
(3) Mr. Buchanan proposed that the November agenda include
a request that the Regents allocate $150,000 as a loan
to the Solar Laboratory of DRI, to be used as seed
money with which to develop proposals for grants.
It was agreed that this matter could be considered in
conjunction with President Murino's presentation at the
November meeting of a report concerning the total
finances of the Institute.
In response to the Chancellor's comment that the two
Universities have a similar problem with lack of funds
for proposal development, Mr. Buchanan suggested that
the problem in Solar Research is perhaps more critical
since the Solar Research Laboratory was funded by the
Legislature, and does not have the money to apply for
Federal grants totaling millions of dollars.
Vice President Dawson agreed to bring this matter to
President Murino's attention in order that he would be
prepared to comment on it at the November meeting.
(4) President Goodall was asked to make a report back to
the Board at the November meeting concerning the cur-
rent planning for a College of Architecture, Engineer-
ing and Planning.
(5) A report from USUNS concerning the plus-minus grading
system now in effect at UNLV was requested. It is
assumed that input will also be provided from the Ad-
ministration, faculty, and student government at UNLV.
(6) Mr. Mc Bride requested that the Chancellor raise the
issue of unit definition as contained in the Collective
Bargaining Regulations with the various Faculty Senates
and institutional Presidents, as a follow up to the
earlier discussion on this matter.
(7) Mr. Karamanos requested a report from the Chancellor
concerning the history of the funding of USUNS.
(8) Mr. Mc Bride requested a report from USUNS President
Dave Martinez including an evaluation of the continued
viability of that group in the event that ASUN offi-
cially withdraws from membership.
23. Report of Finance Committee Meeting
Mr. Mc Bride presented the following report of action taken
by the Finance Committee meeting held earlier in the day:
(1) Recommended that the Board allocate $5,500 from the
Board of Regents Special Projects Account to complete
payment to Kafoury, Armstrong for the expanded audit
which was requested by the Board and which resulted in
Kafoury, Armstrong's expending more hours than had been
anticipated.
(2) Received responses from the Presidents concerning the
Management Letter for the fiscal year ending June 30,
1980. Chancellor Baepler commented on that portion of
the Management Letter which recommended the University
consider discontinuing use of the State Personnel Sys-
tem and asked that this possibility be explored with
the Presidents. He noted that this matter had been
brought up several years ago and that the classified
employees opposed it at that time because of uncertain-
ty that the University System could offer the same
security provisions and fringe benefits as the State
System. He therefore recommended that the Kafoury,
Armstrong recommendation be followed up to determine
what security provisions and fringe benefits UNS could
offer to classified employees under an internally ad-
ministered Personnel System.
Mrs. Fong commented on the recommendation that receiv-
ing functions on each Campus be centralized, noting
that such centralization would improve efficiency and
save money. Receiving functions are presently ade-
quately centralized on all Campuses except UNR, where
physical and financial problems (i. e., lack of ade-
quate receiving faculty and inability to budget the
estimated $60,000 required annually for staffing) have
prevented implementation of such a concept. The Com-
mittee recommended that UNR make every effort to in-
stitute a Central Receiving Department.
(3) Reviewed the proposed criteria for selection of an
independent auditing firm for the audit cycle beginning
with fiscal year 1981; these criteria are contained in
Ref. F-3 to the Finance Committee agenda. The Commit-
tee recommended approval of the criteria. It is anti-
cipated that if the Board approves these criteria, a
list will immediately be obtained from the State Board
of Accountancy of all firms licensed to do public ac-
counting in the State of Nevada and that the criteria
will be forwarded to each firm. Joint meetings of all
firms wishing to submit proposals will be held in Reno
and in Las Vegas to provide a question-and-answer per-
iod, and any questions not answered at these meetings
will be submitted to the Chancellor's Office in writ-
ing and the resulting answers will be provided to all
firms.
Mr. Mc Bride moved approval of the report and the recommen-
dations of the Finance Committee. Motion seconded by Mrs.
Fong, carried without dissent.
The meeting adjourned for lunch and a meeting of the Investment
Advisory Committee, and reconvened at 2:00 P.M. with all Regents
and Officers in attendance at the morning session again present
with the exception of Mr. Buchanan.
24. Report of the Investment Advisory Committee
Mr. Karamanos presented the following report and recommenda-
tions from the Investment Advisory Committee meeting held
during the lunch break:
The Investment Advisory Committee met at noon on the above
date in the dining room of Moyer Student Union, UNLV, with
all members present except Mrs. Molly Knudtsen. The Commit-
tee took the following actions:
(1) Heard a proposed clarification of investment policy by
Chancellor Baepler. It will be recalled that at its
meeting of December 19, 1979, the Board adopted a pol-
icy whereby the distribution of income to scholarship
accounts in the endowment funds would be limited to
six percent annually. The intent of the original rec-
ommendation was to have this policy apply to all ac-
counts in the endowment funds except those where limi-
tation of income is prohibited by the terms of the
gift and those funds (like the Planetarium account)
which must aim for maximum income.
The Committee recommended that this investment policy
be clarified to include all endowment funds with the
exceptions noted above.
(2) Heard a recommendation from Mr. Bob Lee of First
National Bank for sale of stock as follows, in order
to take profits:
Appx. Appx. Antic.Mkt. Gain
Units Security Price Value Income Yld (Loss)
8,200 Union Oil Co. 45-1/2 373,100 6,560 1.8 167,239
The Committee recommended approval of this sale.
(3) Received a recommendation from Mr. Tom Josephsen of
Security National Bank for sales and purchases as
follows:
SELL:
Trade Appx. Antic.Mkt. Gain
Units Security Price Value Income Yld (Loss)
800 Amer. Tel 51-3/4 41,400 4,000 9.6 ( 9,367)
500 Exxon 76-7/8 38,437 2,800 7.0 12,724
1,000 Pac. Gas El. 21-3/8 21,375 2,60012.6 ( 2,461)
500 Santa Fe Ind. 73 36,500 1,300 3.5 15,739
1,000 Std. Oil Ind. 72-1/4 72,250 2,200 3.0 45,848
209,962 6.1 62,483
12,900
BUY:
225,000 91 Day T-Bills Int. Approx. 11-1/4%
The Committee recommended approval of these sales and
purchases.
Chancellor Baepler recommended that the funds for the
newly accepted Harriet S. Wolf Unitrust be placed with
Security Bank.
(4) Received a recommendation from Mr. Monte Miller of
Valley Bank for the placing of stops on the following
securities in the portfolio:
Units Description Stop
1,300 ASA Ltd. 87-1/2
1,500 ASARCO 50
2,000 Merrill Lynch 32
The Committee recommended approval of these stops.
(5) Received a presentation by Mr. Don Rossi of Merrill
Lynch, Pierce, Fenner & Smith concerning the investment
performance of UNS endowment funds for the last five
years. Board members have received a copy of Merrill
Lynch's analysis of Valley Bank performance and will
receive similar analyses for FNB and for the combined
FNB and Valley Bank endowment funds.
Mr. Mike Stone of Merrill Lynch commented briefly on
the possibility of investment in real estate equities;
he recommended that if the UNS wishes to make this type
of investment, it enter into a co-mingled fund to ob-
tain diversification. General Counsel Larry Lessly
noted that he interpreted the State constitutional pro-
visions concerning the University as prohibiting such
co-mingling of University funds in any investment where
direct control of management decisions is taken out of
the hands of the Board of Regents.
Mr. Karamanos moved approval of the report and recommenda-
tions of the Investment Advisory Committee. Motion second-
ed by Dr. Lombardi, carried without dissent.
25. Report of System Administration Study Committee
Chairman Cashell introduced Dr. Kenny Guinn, Chairman of the
Regent appointed System Administration Study Committee, who
presented the report from the Committee. (Complete text of
report was distributed and is filed with permanent minutes.)
Dr. Guinn also presented the following recommendations from
the Committee:
(1) The Committee unanimously recommends the adoption of
the following job description for the Chancellor:
The Chancellor is responsible for the administration
of the University of Nevada System and implementation
of the Board's policies. Duties are prescribed by the
Board of Regents and include the following:
To promote a sound plan of organization in concert
with the Presidents and to facilitate cooperation
among member institutions.
To coordinate the preparation of all operating and
capital budgets and System planning documents for
Board review. However, the member institutions are
autonomous with respect to curricular decisions
involving existing programs.
To coordinate the presentation of all University
System matters to the Governor's Office and the
State Legislature.
To sign all contracts and other instruments requir-
ing execution on behalf of the Board of Regents.
To be the Treasurer of the University and to pro-
vide for internal and independent audits; however,
appointment of independent auditors shall be sub-
ject to approval of the Board of Regents.
To coordinate the preparation of the agenda of all
meetings of the Board of Regents.
To be responsible for official communications on
behalf of the Board, excepting personnel actions.
To be the appointing authority for all professional
personnel not assigned to a member institution.
The member institutions are autonomous with respect
to their own personnel decisions.
To perform such additional duties as the Board may
direct.
It is understood that adoption of the revised job de-
scription will require additional changes in the Bylaws
to more carefully define the responsibilities of the
Presidents, and it is assumed that the necessary revi-
sion will be submitted to the next Board meeting.
(2) The Committee unanimously recommends that no further
changes be made in the organization of the Chancellor's
Office until such time as a new Chief Executive Officer
has been appointed and can participate in any changes
which may be considered.
(3) The Committee unanimously recommends that the Board
authorize the appointment of a Regents' Search Commit-
tee, in conformity with the Code, and that the Commit-
tee be authorized to proceed immediately with an appro-
priate advertisement for that position.
(4) The Committee further recommends that the Board author-
ize the Search Committee to seek assistance from the
Presidential Search Consultation Service, or a similar
higher education-oriented service, in recruiting for
a new Chancellor.
Dr. Guinn commented on the proposed job description, noting
that it does contain a reference to performance evaluation,
but the Committee was assured that another committee is en-
gaged in developing performance assessment/evaluation pro-
cedures for Officers and it was believed that this could be
added following completion of the work of that Committee.
Mrs. Whitley moved approval of the Committee's recommenda-
tion. Motion seconded by Mrs. Fong.
In response to a question concerning the need for funding
for the Committee, Chancellor Baepler stated that funds
would not be needed until the Search Committee reaches the
interview stage, other than a small amount for advertising.
He offered to prepare an Estimated Budget for consideration
by the Board at the appropriate time.
Motion carried without dissent.
26. Appointment of Chancellor Search Committee
Chairman Cashell appointed the following committee of
Regents to serve as a Search Committee:
Mrs. Whitley, Chairman
Mrs. Fong
Dr. Lombardi
Mr. Mc Bride
The meeting adjourned at 2:30 P.M.
Bonnie M. Smotony
Secretary of the Board
10-14-1980