11/20/1991

 

UCCSN Board of Regents' Meeting Minutes
November 20-21, 1991








11-20-1991

Pages 61-65



                         BOARD OF REGENTS

                    UNIVERSITY OF NEVADA SYSTEM

                         November 20, 1991



The Board of Regents met on the above date in the Great Hall of

the Richard Tam Alumni Center, University of Nevada, Las Vegas.



Members present:  Mrs. Carolyn Sparks, Chairman

                  Mrs. Shelley Berkley

                  Dr. Jill Derby

                  Dr. James Eardley

                  Mr. Joseph M. Foley

                  Mrs. Dorothy S. Gallagher

                  Dr. Lonnie Hammargren

                  Mr. Daniel J. Klaich

                  Mrs. June Whitley



Others present:   Mr. Mark H Dawson, Chancellor

                  Mr. Donald Klasic, General Counsel

                  Ms. Brooke Nielsen, Assistant Attorney General

                  President Robert Maxson, UNLV

                  Ms. Mary Lou Moser, Secretary



The special meeting of the Board of Regents was called to order

by Chairman Carolyn Sparks at 10:15 A.M.



 1.  Approved the Acceptance of an Emergency Item



     Chairman Sparks stated the Board has received a request

     from President Maxson, UNLV, for an emergency item.



     Mr. Klaich moved to accept an emergency item at the request

     of President Maxson for the appointment of a permanent

     Athletic Director at UNLV because there was not an Athletic

     Director employed at the present time, there are a great

     many staff members in the Athletic Department, there is a

     lawsuit pending and the Attorney General's Office needs a

     person with which to interface, and Mr. Jim Weaver, the

     President's appointee, needs to resign his current position

     at the University of Florida.  Mrs. Gallagher seconded.



     President Maxson stated that there is no Athletic Director

     at UNLV at the present time and there are a number of press-

     ing issues confronting the University and its Athletic De-

     partment.  He cited the large staff in the Department, and

     the pending NCAA lawsuit against the State of Nevada and

     the need for the Attorney General to have a person with

     whom to interface.  Further, he stated that Mr. James

     Weaver, who has just accepted the President's offer for

     the position, needs to resign his current position at the

     University of Florida.  Dr. Maxson stated that Mr. Weaver

     would be traveling a great deal from Florida to UNLV until

     the time he officially assumes his duties.  President

     Maxson related that he has informed the Athletic Department

     personnel that no single decision is to be made without Mr.

     Weaver's approval.



     President Maxson stated that Mr. Weaver is highly qualified

     for the position as he currently serves as Associate Ath-

     letic Director and Compliance Officer at the University of

     Florida.  The President related that thorough background

     checks were made on the candidate and he comes highly recom-

     mended.  Further, Dr. Maxson reported that Mr. Weaver has

     the unanimous support of the coaches at UNLV.



     President Maxson stated that he was requesting a straight

     five-year contract for Mr. Weaver at an annual salary of

     $105,000 per year, with no employer-paid retirement.  An

     automobile will be supplied by a local car dealer at no

     expense to the University, a modest expense account will

     be provided by private funds as will certain expenses for

     the transition period for Mr. and Mrs. Weaver.  UNLV will

     provide for the moving expenses.  He explained that Mrs.

     Weaver, an outstanding gymnast, does not have a faculty

     position at UNLV at this time; however, she does have

     full time employment in Florida.



     Motion carried.



 2.  Approved the Appointment of Athletic Director, UNLV



     The Board approved the appointment of Mr. James Weaver

     as Athletic Director of UNLV, effective January 1, 1991,

     at an annual salary of $105,000, with a straight 5-year

     contract, and no employer-paid retirement.



     Mr. Foley moved to appoint Mr. James Weaver as Athletic

     Director at UNLV, effective January 1, 1992, at an annual

     salary of $105,000, with a straight 5-year contract, with

     no employer-paid retirement.  Mr. Klaich seconded.



     Dr. Eardley asked that the Board be notified of any private

     funds allocated to Mr. Weaver.  President Maxson stated

     there would be no outside supplements paid to Mr. Weaver

     other than those stated above, and reiterated that his

     salary would come from State funds, that an auto and

     transition expenses would be from private funds, and that

     UNLV would pay the moving expenses.



     Mr. Foley asked whether an offer had been made and accepted,

     with Dr. Maxson replying that negotiations were completed at

     midnight, Monday (November 18, 1991) and a letter of intent

     was signed, that the agreement was binding pending approval

     of the Board of Regents.  Upon questioning, President Maxson

     stated the 5-year contract was a straight contract, not a

     rolling contract, and that a 5-year contract was necessary

     in order for Mr. Weaver to accept the position.  He cited

     as reasons for the 5-year contract he sacrifices Mrs.

     Weaver was making, Mr. Weaver's current position at the

     University of Florida, that it takes that length of time

     to build a program at any University, and that this is

     the customary length of a contract for new Athletic Di-

     rectors at most Universities.  Dr. Hammargren questioned

     whether other than a 5-year contract would have to be

     ratified by the Board.  President Maxson replied that it

     would and added that the press had made him (the President)

     look suspicious on other contracts, which he deeply resent-

     ed.  He added that Board policy states that contracts for

     anyone reporting directly to the President must be approved

     by the Board.



     Motion carried.



     Mr. Klaich asked for and was granted time for a personal

     comment to thank Mr. Dennis Finfrock for his service as

     Interim Athletic Director.  Mr. Foley asked that a resolu-

     tion for Mr. Finfrock be drafted for consideration by the

     Board at its December meeting.



     President Maxson added that Mr. Weaver had related that

     because of the work of Dennis Finfrock, this had been a

     very enjoyable decision to accept the offer at UNLV.



 3.  Personnel Session



     Upon motion by Mr. Klaich, seconded by Mrs. Gallagher, the

     Board moved to a closed personnel session for purposes of

     discussing the character, alleged misconduct, professional

     competence, or physical or mental health of a person or

     persons as provided by NRS 241.030.



The open meeting reconvened at 7:25 P.M., Wednesday, November 20,

1991, in the Great Hall with all Regents present except Regents

Foley and Whitley.



General Counsel Klasic made the following statement:



     "Bradley Booke has earned my approval for all the work which

     he has done since I hired him, including the work which he

     has done in recent weeks, and he retains my complete confi-

     dence for the work I expect him to continue to do.  Mr.

     Booke is not going to be fired, he is not going to be de-

     moted and he is not going to be removed from the current

     NCAA enforcement action against UNLV or from NCAA matters

     in general.



     "Next, I want the news media to get something straight.  Mr.

     Booke is not the General Counsel of UNLV, he is not the

     Legal Counsel of UNLV, he is not the Assistant General

     Counsel of UNLV, he is not the Compliance Officer of UNLV.

     He is an Assistant General Counsel of the University of

     Nevada System and is an employee of the Chancellor's Office.

     If the news media want to be accurate in their reporting,

     that is how his position ought to be reported in the future.



     "Earlier today a statement was handed out in which I said

     Bradley Booke was not the Compliance Officer and never has

     been.  However, I acknowledged there was confusion in

     UNLV's Administration on whether he acted as a Compliance

     Officer.  If, despite Mr. Booke's knowledge and my know-

     lege of his actual role, he did inadvertently cross the

     line and act as Compliance Officer, this is to announce

     unequivocally he will no longer perform Compliance Officer

     functions."



Chairman Sparks announced that public testimony would be taken

and asked that comments be confined to three minutes.  The

following presented information:



     Mr. Chan Kendrick, State Director of ACLU, stated that a

     number of people had left, but still wished to speak and

     asked that another time be set aside for public testimony.



     Dr. Bill Harvey questioned whether anyone had apologized to

     the young men who had been videotaped.  General Counsel

     Klasic replied that Mr. Booke had apologized to the Uni-

     versity community, of which the students were a part.  Dr.

     Harvey stated he was opposed to surveillance.



     Mr. Klaich moved to set another meeting at the earliest

     possible opportunity for further public testimony.  Mrs.

     Berkley seconded.  Motion carried.



     Mr. Fitzgerald questioned whether any other video taping

     had been done and began to question the Board.  General

     Counsel Klasic explained that the Board was not obligated

     to respond to questioning during the public comment phase

     of the meeting.  Mrs. Sparks explained that the Board had

     no knowledge of any other taping.



     Ms. Jackie Mc Call Singer, representing a private citizens

     group, Citizens for Academic Freedom, stated there was a

     misconception in Las Vegas that only about 10 people were

     responsible for "all this", but that was not the case.  She

     asked for an outside investigation stating the reason being

     that the local citizenry did not find the Board of Regents

     or the Administration "credible".  She reiterated there

     were "no hidden agendas, only the agenda of getting to the

     truth".



     Dr. Hammargren asked for a written Attorney General opinion

     on video taping and all criminal surveillance and for the

     Attorney General to complete the investigation of the

     athletic tickets at UNLV and for the investigation to ex-

     tend through the period of the final four games of last

     season.



Regents Klaich, Eardley, Gallagher and Derby left the meeting

in order to make airplane connections.



The meeting adjourned at 7:45 P.M.



                             Mary Lou Moser

                             Secretary of the Board

                                                       11-20-1991