November 20-21, 1991
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.
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.
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.
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
"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
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
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
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