December 3-4, 1982
12-03-1982
Pages 53-76
BOARD OF REGENTS
UNIVERSITY OF NEVADA SYSTEM
December 3, 1982
Members present: Mr. Robert A. Cashell, Chairman
Mr. James L. Buchanan, II
Mrs. Lilly Fong
Mrs. Dorothy S. Gallagher
Mr. Chris Karamanos
Mr. John R. Mc Bride
Mr. John Tom Ross
Mrs. June Whitley
Members absent: Ms. Frankie Sue Del Papa
Others present: Chancellor Robert M. Bersi
President William Berg, NNCC
President Joseph Crowley, UNR
President Jack Davis, WNCC
President V. James Eardley, TMCC
President Judith Eaton, CCCC
President Leonard Goodall, UNLV
President Clifford Murino, DRI
Mr. Donald Klasic, General Counsel
Ms. Mary Lou Moser, Secretary
Mrs. Joan Kenney, Regent-Elect
Mrs. Jo Ann Sheerin, Regent-Elect
Also present were Faculty Senate Chairs Curry (UNR), Lambert
(TMCC), Jones (UNLV), Heise (CCCC), Horton (NNCC), Dwyer (WNCC),
Hoffer (DRI) and Wycoff (Unit), and Student Association Officers.
The meeting was called to order by Chairman Cashell at 10:45 A.M.
1. Approval of the Consent Agenda
Adoption of the Consent Agenda, containing the following
items, was recommended. (Consent Agenda identified as Ref.
A and filed with permanent minutes.)
(1) Accepted the gifts and grants as contained in Ref. C-1
and filed with permanent minutes.
(2) Approved the following calendar of Regents meetings for
1983:
January 7 Las Vegas
February 18 Reno
March 18 Carson City
April 15 Las Vegas
May 20 Reno
June 17 Las Vegas
July 15 Reno
September 16 Las Vegas
October 21 Reno
November 18 Las Vegas
Note: The Board will meet in Las Vegas in January,
rather than in Reno as previously announced.
Mr. Mc Bride moved for adoption of the Consent Agenda with
the exception of approval of minutes of November 5, 1983.
Mr. Ross seconded. Motion carried.
2. Approval of the Report of the Academic Affairs Committee
The Academic Affairs Committee met at 8:15 A.M. on Friday,
December 3, 1983. Mrs. Gallagher, Chairman of the Academic
Affairs Committee, submitted the following report and rec-
ommendations for approval:
(1) Approved the establishment of the Capstone Vocational
Educational Bachelor of Science Degree Program between
the University of Nevada, Las Vegas and Clark County
Community College identified in Ref. AA-1 and filed
with permanent minutes.
(2) Approved the establishment of a Geriatric Education and
Research Center, University of Nevada, Reno, to operate
under the joint auspices of the College of Arts and
Science and the School of Medicine. The Center will
require no additional funding, rather will be estab-
lished with existing resources and will operate on the
basis of available outside funding, identified as Ref.
AA-2 and filed with permanent minutes.
(3) Received a copy of the format to be used in reporting
high-tech programs in each of the Colleges and Univer-
sities and, although the information has been received
from each of the Campuses, the reports were not in the
proper format; therefore, the report will be presented
at the January 7, 1983 meeting.
Mr. Mc Bride moved for approval. Mr. Karamanos seconded.
Motion carried.
Chairman Cashell, with the concurrence of Vice Chairman Mc
Bride, relinquished the gavel to Mrs. Dorothy S. Gallagher,
Chairman of the Academic Affairs Committee, with the Board
sitting as a Committee of the Whole.
(4) Final Discussion of the UNS Code Revisions
Mrs. Gallagher opened the discussion on the UNS Code
revisions with the following statement:
The Board of Regents will now consider the adop-
tion of amendments to the University of Nevada
System Code, which I originally proposed and cir-
culated on September 24, 1982. I would state for
the record the following chronology of events
leading to the consideration of Amendments to the
Code.
December, 1981 - Nevada Supreme Court decision re-
moves mandatory retirement age for University of
Nevada System.
January 22, 1982 - The Board of Regents in compli-
ance with the Nevada Supreme Court decision, acts
to change the Code by rescinding its policy with
regard to retirement age.
February 26, 1982 - The Board of Regents charges
each Campus and the faculties to develop recommen-
dations leading to a new tenure policy. Public
discussions of the recommendations would be held
in September and the Regents would expect to vote
on the recommendations no later than the November
or December, 1982 Board meeting.
April 23, 1982 - Board of Regents charges System-
wide committees working on proposals on tenure to
expand their recommendations to the entire Code.
Between the dates of February 26 and August 30,
meetings were held between Academic Affairs Com-
mittee members and several Campus Faculty Senates.
August 30, 1982 - Deadline for submission of rec-
ommendations from the Campuses which were con-
sidered for public discussion beginning September
13, 1982.
September 13, 1982 - Public meeting on Tenure and
the Code, Northern Nevada Community College.
September 14, 1982 - Public meeting on Tenure and
the Code, Clark County Community College and Uni-
versity of Nevada, Las Vegas.
September 16, 1982 - Public meetings on Tenure and
the Code, Truckee Meadows Community College, West-
ern Nevada Community College and University of
Nevada, Reno.
September 17, 1982 - Academic Affairs Committee (1)
makes a progress report to the Board of Regents on
the Code and tenure meetings, and (2) discusses and
approves recommendations on changes in the Code and
tenure to be delivered to the Campuses and Faculty
Senates for a sixty (60) day period of review.
September 22, 1982 - The Presidents' Council meets
to consider recommendations.
September 24, 1982 - Mailing of recommended changes
in the Code to the Campuses.
November 29, 1982 - Academic Affairs Committee
meeting to discuss and make final recommendations
on revision of the Code. All Faculty Senate Com-
mittee Chairs and System Presidents are present to
participate.
December 3, 1982 - Regents meet to consider final
Code revisions.
I would also state for the record, a list of the
persons, committees or groups which have submitted
comments and suggestions for the proposed amend-
ments.
Written comments were received under the February
26 and April 23, 1982 requests for recommendations
for Code changes from the following:
DRI Faculty Senate
UNR Faculty Senate
UNS Academic Affairs Council
UNS Council of Presidents
Clark County Community College Faculty Senate
Truckee Meadows Community College Faculty
Western Nevada Community College Faculty Senate
Unit Senate
University of Nevada, Las Vegas ad hoc Commit-
tee on Tenure Review
University of Nevada, Reno ad hoc Committee to
Review Tenure
Clark County Community College Administrative
Council
After the circulation of the proposed Code amend-
ments on September 24, 1982, written comments were
received by, or referred to, the Academic Affairs
Committee from:
The Combined Faculty Senates of UNS
The Unit Senate
President Leonard E. Goodall, UNLV
President Clifford J. Murino, DRI
Vice President Brock Dixon, UNLV
Vice President Dale Nitzschke, UNLV
The Academic Affairs Countil, UNLV
The Graduate Council, UNLV
The Faculty of the College of Science, Mathe-
matics and Engineering, UNLV
Dr. John Unrue, Dean of the College of Arts
and Letters, UNLV
Dr. Dwight A. Marshall, Dean of the Division
of Continuing Education, UNLV
Dr. George Hardbeck, Dean of the College of
Business and Economics, UNLV
Mary Dale Palsson, Director of Libraries, UNLV
Dr. Craig Walton, Professor of Philosophy, UNLV
The National Society of Professors, Univer-
sity of Nevada, Reno Chapter
Under Section 1.2.3 of the present Code, I request
the Senate representatives and the officers of the
University to offer their additional opinions on
the proposed Code amendments, if any.
We have people here that want to speak and we will
hear from the Faculty Senate Chairs and the offi-
cers of the University. This is recommended by our
old Code. If one of you would care to deter to
another individual to speak for you, you may do
that. Each Faculty Senate Chair will have five (5)
minutes. After that, the Presidents will be given
their time to speak to the action.
Dr. Gary Jones, UNLV Faculty Senate Chair, deferred to
Mr. Grant Sawyer, relating that Mr. Sawyer had been
retained as attorney for their Senate.
Mr. Sawyer stated that he was also representing the
views of the NSP, NSEA, the Senates of the Reno, Las
Vegas and Community College Campuses, and the faculty
of all the Campuses. He reminded the Board of a letter
he had sent to them on November 30, 1982; a letter from
Mr. Peter C. Bernhard, attorney representing UNLV and
Clark County Community College Chapters of the NSEA
dated November 30, 1982; and a letter from Newell B.
Knight, attorney representing the UNR Faculty dated
December 2, 1982.
Mr. Sawyer related that he was not questioning the in-
tegrity or the intentions of the Board in addressing
changes to the Code, that in fact, it was agreed by
all parties that revisions to the Code were necessary.
He stated that the September 24, 1982 draft was not
received in Las Vegas until October 1, 1982, and that
the November 29, 1982 draft reached Las Vegas on Decem-
ber 2, 1982, which did not give them enough time to re-
view and make an analysis of the revisions. He further
questioned whether a committee of the Board could make
the decisions for acceptance of the revisions rather
than the full Board. He felt that with additional time
to study the revisions of December 2, 1982, that all
groups could come to a closer agreement on the revi-
sions before adoption.
Mr. Sawyer then asked that the other Senate Chairs,
representatives of the Nevada State Education Associ-
ation and the Nevada Society of Professors, and at-
torney Pete Bernhard be asked to speak to the question.
Mrs. Gallagher informed the body that only the Faculty
Senate Chairs, or their representatives, and the of-
ficers would be allowed to speak, which is in keeping
with the provisions of the Code in effect at that time.
The Faculty Senate Chairs were then asked for comments.
Each thanked the Regents for the cooperation and the
willingness they had shown to negotiate the Code re-
visions to date, and each asked for an extension of
time before the adoption of the Code revisions agreed
on at the November 29 meeting. Dr. John Heise, CCCC,
related that in his cursory review of the latest re-
visions, he had found an error, that his faculty had
not had a chance to see the revisions. Dr. Doris
Dwyer, WNCC, stated that based on the feeling that
not all their objections had been entertained, that
she would, on behalf of her faculty, have to oppose
these Code revisions. Dr. Richard Curry, UNR, stated
that some of the new language introduced on November
29 concerning Section 5.4.5 (a) regarding physical
and psychiatric examinations needed to be studied by
his faculty. He further felt that some statement
needed to be included concerning those persons who
currently are on a probationary tenure track, but
who would not be eligible for tenure if the new re-
visions are adopted.
Mary Ann Lambert, TMCC, added that there is a concern
with the apparent diminished role for faculty in the
governance of the System, with some of the personnel
and disciplinary policies, and that because in several
instances the Code defers to Campus Bylaws for pro-
cedures in operating, that until the Bylaws are updated
the Campuses will be without governing rules. Mr.
Louis Horton, NNCC, asked for an extended period of
time for his faculty to study the document, but felt
that by so doing there could be a greater understanding
and less disagreement. Dr. Joseph Warburton, DRI,
stated that DRI professionals are not eligible for
tenure; therefore, most of their concerns had been
negotiated during the November 29 meeting, but that
he, too, had found an inconsistency in the sections
dealing with termination procedures and would like
more time to thoroughly analyze the document. Mr.
Marvin Wycoff, Unit Senate Chair, felt that the changes
offered by his group had been addressed, but additional
time should be given for study by all personnel con-
cerned.
Mrs. Gallagher then deferred to the Presidents for any
additional comments. Drs. Berg (NNCC) and Davis (WNCC)
stated they both had had ample opportunity for input
and had no further comments at this time. Mr. Eardley
(TMCC) stated that he hoped a decision would be forth-
coming soon so that no additional time away from stu-
dents would be taken by faculty. Dr. Goodall (UNLV)
expressed his feeling that the revised Code was a much
better document to work with for the Universities, and
in particular the tenure chapter. He also urged a de-
lay of the decisions if possible to allow faculty time
for study.
Dr. Eaton (CCCC) had several additional points -- it
appeared that in some of the dialogue the prerogative
of the Regents in their authority over their policy had
been lost; that the System should be viewed as orderly
in the carrying out of deliberations and responsibili-
ties; that it appeared in some instances that the Re-
gents were being asked to abandon the representative
process; and, finally, that a decision did not need to
be made at this time.
Dr. Crowley (UNR) recalled that he had been a part of
this same process in the early 1970s, then serving as
faculty representative; that he felt the Board should
make a decision at this time, and use the mechanism
within the adopted Code to continue discussions and
revisions as needed. Dr. Murino (DRI) stated that,
he, too, had had ample time for discussion and urged
a decision be made on the November 29 document.
Mrs. Gallagher thanked the officers, the Faculty Senate
Chairs and Mr. Sawyer, and further stated:
The members of the Board have repeatedly expressed
a willingness to make changes in the proposed Code
amendments. In fact as a result of the November 29
meeting, the Academic Affairs Committee was pre-
pared to recommend at least 170 substantive changes
in the original draft. Most of these changes were
suggested by the Faculty Senates. However, you
members of the Board know you received a letter
from Grant Sawyer, and you have heard him comment
today. You know from his comment he is acting as
the attorney for the UNLV Faculty Senate. In his
letter he protests consideration of proposed Code
amendments in the form which was agreed to at the
November 29, 1982 meeting of the Academic Affairs
Committee. Mr. Sawyer has pointed out that the
final document prepared for these changes could not
be circulated until December 2, 1982, the day be-
fore this meeting. He also notes that the present
Code requires Senate representatives to give their
opinions on proposed Code changes before final
Board action, but that the short time period allow-
ed before Board action by the circulation of the
amendment changes the day before the meeting pre-
vents the Senate representatives from obtaining the
views of their constituents.
A similar letter was received by me on December 2
from Newel Knight, the attorney for the UNR Faculty
Senate.
In this connection, I would note the fact that
while the draft of the proposed amendments prepared
after the November 29, 1982 meeting has been in
circulation only since December 2, the original
draft of the proposed Code amendments has been in
circulation since September 24, 1982. This is a
total of 70 days and is well in excess of the 2-
month comment period required by the Code. There-
fore, the requirements of the present Code regard-
ing circulation of the Code amendments and the re-
ceipt of input from Senate representatives and
officers of the System have been met. The Senate
representatives have had more than enough time to
solicit the views of their constituents regarding
the original draft. The opinions of the Senate
representatives and officers on the original draft
have been received in writing and have also been
received orally in the November 29 meeting. Ob-
viously, additional comments were also received at
today's meeting.
In light of the positions taken by 2 of the Faculty
Senates as expressed by their attorneys, I would
like to make 2 recommendations to the Board.
First, I would suggest that the original draft of
the Code amendments circulated September 24, 1982
be adopted in their entirety and without change,
the amendments to take effect immediately except
for several provisions concerning tenure standards
and post-tenure review, which would be effective
July 1, 1983.
If the original draft is adopted as I recommend, I
would then recommend that amendments to the newly
adopted Code be considered for later adoption, the
new amendments to consist of the proposals agreed
to at the November 29 meeting, and which are con-
tained in the December 2, 1982 draft. Under the
newly adopted Code, there would be a minimum 30-day
comment period on the proposed amendments contained
in the December 2, 1982 draft. I would recommend
that comments on the proposed draft be limited only
to the amendments proposed in the December 2 draft.
I would further proposed that we consider final
action on the December 2 draft at our January 7,
1983 meeting.
Our attorneys have informed me that the Board could
legally proceed to act on the December 2 draft at
today's meeting, and they have informed me of nu-
merous court cases supporting that opinion, the
most recent being decided this year. However,
while I have repeatedly informed faculty and others
that the Board will not be deflected from acting to
amend the Code, I have also repeatedly informed
them that the members of the Board are willing to
cooperate with faculty as much as possible and to
receive the views of their representatives; there-
fore, I have made these recommendations. This
course of action would not only allow additional
time for consideration of the December 2 draft,
but would also meet the concerns expressed in
recent newspaper editorials that changes in well-
established tenure procedures should occur only
after full and complete discussion by all con-
cerned. This course of action would also enable
our newly elected and appointed Regents the op-
portunity to have input into a Code under which
they will operate.
Mr. Mc Bride moved that the amendments to the UNS Code,
proposed and circulated by Regent Gallagher on Septem-
ber 24, be adopted in its entirety and without change,
to be effective immediately upon approval by the Board,
except for proposed Sections 3.4.2, 3.4.7, 4.4.2, 4.4.7
and 5.2.6, which shall go into effect July 1, 1983.
Mrs. Whitley seconded. Motion carried unanimously.
Mr. Ross asked whether all of the new amendments ap-
proved at the last meeting and possibly some which
had been brought up during this meeting would be
handled on January 7, and was informed that they
would.
Mrs. Gallagher then stated:
I wish to announce for the record that I am now
formally filing amendments to the newly adopted
Code with the Secretary of the Board at this meet-
ing, and I am requesting consideration of these
amendments. These amendments consist of the
faculty recommendations to the Board agreed to
at the meeting of the Academic Affairs Committee
on November 29, 1982. I also wish to state for
the record the copies of the proposed amendments
are being circulated at this meeting to the Chan-
cellor, the Presidents and the Senate Chairs, and
that the 30-day period set out in Section 1.3.3 of
the newly adopted Code starts today. I would re-
quest that the opinions, if any, of the Senate
representatives and officers of the University on
these amendments be set out in writing and to be
delivered to the Chancellor's Office at no later
than 5:00 P.M., January 3, 1983. I would also
request that the Chancellor place this matter on
the agenda for the January 7, 1983 meeting.
Mrs. Gallagher returned the gavel to Mr. Cashell, who con-
ducted the remainder of the meeting.
Mr. Ross related that the old Code had needed to be updated,
but that the faculty must now bring to the Board any re-
visions they felt were necessary.
Mr. Cashell introduced Regents-Elect Joan Kenney and Jo Ann
Sheerin.
3. Approval of the Budget Committee Report and Recommendations
The Budget Committee met on December 3, 1982, and submitted
the following report:
(1) Approved the limit be raised from $5 to $10 on the
amount which students may owe and still register at
UNLV, which would greatly simplify the administrative
process and would make the enforcement of registra-
tion procedures much easier. Controller Mac Donald
will survey and report back the question of holds
being placed on students registering who owe funds
to the University.
(2) Approved the following Estimative Budgets for 1982-83
for the Office of Development and the Office of Com-
munity Relations at CCCC:
Office of Development
Revenue
Special Projects Funds $12,500
Book Sales Account 39,230
Total Funds Available $51,730
Expenditures
Professional Salaries $29,455
Classified Salaries (.5 FTE) 6,425
Fringe Benefits 4,750
Operating 11,100
Total Expenditures $51,730
Office of Community Relations
Revenue
Special Projects Funds $25,000
Book Sales Account 33,875
Total Funds Available $58,875
Expenditures
Professional Salaries $26,000
Classified Salaries (.5 FTE) 6,425
Fringe Benefits 4,450
Operating 22,000
Total Expenditures $58,875
(3) Approved the sale of property, approximately 120 acres
in Green Valley (Henderson, Nevada), in the name of
Clark County Community College, which was donated by
the H. M. Greenspun family in 1975. An endowment will
be created for the benefit of Clark County Community
College with the proceeds from the sale and that any
income generated be held until such time as the Board
has approved the programs and budgets for the expendi-
tures of these funds.
(4) Approved the write-off as uncollectable loans at UNR
listed as Ref. B-4 in the amount of $21,299, with
holds being placed on the individual student records.
(5) Approved withdrawal of funds from the repair and re-
placement reserves deposited with First Interstate
Bank of Nevada as trustee for UNR in the following
amounts for expenditures made during 1982:
Equipment Building
Reserve Reserve Total
Corporate Trust 30
Dorm & Dining Commons $ 5,703.34 $10,604.59 $16,307.93
Corporate Trust 36
Nye Hall $26,702.36 $27,920.08 $54,622.44
(6) Received the Quarterly Report on Budget Transfers and
the comparisons of 1981-82 Operating Budget as to
actual 1981-82 Revenue and Expenditures.
(7) Approved the following projects for funding from the
UNR Capital Improvements Account:
1. Backstop Construction. The College of Engineer-
ing has received a grant from the National Science
Foundation to study concrete form loads and pres-
sure caused by the placement of fresh concrete in
formwork. The study was to be performed in asso-
ciation with a construction project of the Sierra
Pacific Power Company. Due to budget restrictions
the company will be unable to undertake this con-
struction. The study is a unique project of sub-
stantial interest to industry, including local
builders. It is anticipated that eventually,
significant investment in this research will be
forthcoming from industry to the University.
However, unless the study can be performed in
conjunction with another construction project,
the NSF grant will need to be returned.
The Recreation and Physical Education Department
has a need for outdoor backstops for tennis, hand-
ball, for teaching purposes and for community use.
The University has no such facility currently.
This project would be ideal for the study funded
by the NSF grant. The estimated cost of this
project is $36,000.
2. Laboratory Equipment. With the recent recruit-
ment of scientists of outstanding national repu-
tation, the Department of Pharmacology and Civil
Engineering now has an opportunity to bring in
major research grants. Indeed, several such
grants have already been received and a number
of others are in process. Critical to the per-
formance of these grants and to the prospects for
additional research funding are properly equipped
laboratories. Currently, the status of these
laboratories is not adequate. To provide equipped
laboratories suitable to the purpose is estimated
to cost approximately $59,000. It is expected
that the University will realize a far greater
sum from this investment in terms of indirect cost
returns from the research grants.
3. Animal Care Facility. The University has for some
time had a critical need for an additional animal
care facility, to meet research requirements and
Federal regulations on animal care. Recently, UNR
invested $60,000 for the construction of this fa-
cility. However, because of unanticipated founda-
tion problems, an additional $8000 is required to
complete the construction.
4. Music Practice Rooms. The inadequate practice
facilities available to the Music Department in
Church Fine Arts, together with increasing en-
rollments, has led to the need to construct addi-
tional practice rooms. Space is available in the
Old Gym for this purpose. The estimated cost for
remodeling this space is $6000.
(8) Approved a $20 lab fee for PED 129, Skiing at NNCC,
which will take care of the cost of travel and lift
passes.
(9) Approved a $10 lab fee for all Electronic Lab courses
at NNCC.
(10) Received a report by Mr. Harold Scott, Chair of the
Financial Accounting Services Committee, on the
Computerized Budget System Development for FY 82-83.
Mrs. Fong moved approval of the report and recommendations.
Seconded by Mrs. Gallagher. Motion carried.
4. Approval of the Audit Committee Report and Recommendations
The Audit Committee met at 9:15 A.M. Friday, December 3,
1982. Mrs. Whitley, Chair, recommended approval of the
Internal Audit report on UNR Intercollegiate Athletics
and UNLV Intercollegiate Athletics and corresponding
recommendations. The report is identified as Ref. A-1
and filed with the permanent minutes.
Discussion concerning the report included the following:
UNLV Intercollegiate Athletics Audit:
The audit recommends that any agreements made between
Rebels Club and the University staff be documented.
Additional funds given to individual staff members
should be presented to the Board as gifts. Mr. Ross
pointed out that this would be a much better solution
so that there could be University control, thereby
halting any accusations which might be made about the
University being susceptible to Booster control.
Presidents Goodall and Crowley were both asked for a
report at the January meeting on the relationship be-
tween the Campus and the Booster Club, any gifts or
promises to staff members, sharing of staff members,
fund raisers, trade-outs, terms, responsibilities of
each party, etc.
Dr. Goodall was asked whether there is UNLV representa-
tion on the Rebels Club, to which he replied that they
are currently working on an arrangement which will in-
clude the Athletic Director, the Financial Vice Presi-
dent and the Chairman of the Intercollegiate Athletics
Council.
Internal Audit Director Kathy Kossick stated that the
pavilion box revenue at the Thomas-Mack Sports Pavilion
is estimated at $500,000, that there are no written
commitments specifying the use of these funds, and that
at the present time the Athletic Department plans to
use these for the 1982-83 shortfall, while the original
intent was for use in 1983-84. Harold Scott, Controller
at Business Center South, indicated that contracts have
been submitted to all those making verbal commitments
and that those contracts are to be returned to UNLV by
December 31, 1982. The Audit Committee asked that a
list be prepared and presented at the January 7, 1983
meeting, complete with amounts for each box.
Vice Chancellor Dawson stated that the UNLV Athletic
Department will have used all their 1982-83 funds by
the end of December, and that if alternate funds have
not been received by that time, the Department will be
shut down inasmuch as the University is not allowed
deficit spending. It has been estimated there will be
approximately a $300,000 deficit at June 30, 1983. The
Board agreed with the action proposed.
Dr. Goodall indicated the UNLV Long-Range Planning Com-
mittee on Athletics, Chaired by Dr. Kenney Guinn, will
be prepared to report to the Regents at their January
meeting.
UNR Intercollegiate Athletics Audit:
Mrs. Kossick stated that some of the same recommenda-
tions have been made for the UNR program as at UNLV:
a clearly defined relationship and responsibilities
between the Wolf Club Boosters and the Campus, which
would include bonuses, car insurance, operation of
concessions during athletic events, and more realistic
budget projections. The audit revealed that goods and
services were contracted for by a Department employee
who did not have that authority. President Crowley
stated that the employee in question is no longer with
the University and that he has been working with Counsel
to clear this matter.
A gift of $160,000 from the Boosters Club to the Depart-
ment was invested with the understanding that the in-
terest would be returned to the Department; however,
the income was credited to the Regents Special Project
Funds. The Audit Committee directed Vice Chancellor
Dawson to immediately have the approximate $11,000 in-
terest transferred to the Department.
Mrs. Kossick projected that by June 30, 1983, the De-
partment will have an unobligated balance of approxi-
mately $17,000 if the Department can obtain clarifi-
cation from the donor on the use of the $160,000 pres-
ently restricted. This could be cleared up, however,
should Dr. Crowley be able to obtain permission for
more flexible usage from a donor of gift funds to the
Department.
Mrs. Whitley emphasized that Departments will not be allowed
deficit spending and that contingency plans must be forth-
coming. She also requested that these reports be forwarded
to the UNR and UNLV Long-Range Planning Committees on Ath-
letics, and that, if possible, a report be submitted from
them at the January 7 meeting.
Mr. Cashell reiterated that at the last Legislative Session
it was the intent that any monies raised from sale of spe-
cial boxes at the Sports Pavilions be used for maintenance
of those pavilions. He further stated that with the short-
fall, it is realized that some of these funds will probably
have to be used to cover these losses, but again emphasized
that proper planning must be accomplished in order that the
original intent of the use of the funds is carried out. Dr.
Goodall replied that the first commitment of those funds is
to the operation of the pavilion itself, and if there is a
surplus after that, the funds will go to the Athletic De-
partment.
Mr. Ross moved for acceptance of the report and approval of
the recommendations contained therein. Mr. Karamanos sec-
onded. Motion carried.
5. Approval of Joint Resolutions
Vice Chancellor Fox presented two resolutions which had been
discussed at a joint meeting of the Board of Education and
the Board of Regents on December 2, 1983, and asked the
Board for approval.
RESOLUTION #82-2
JOINT RESOLUTION OF THE NEVADA STATE
BOARD OF EDUCATION AND THE BOARD OF REGENTS
OF THE UNIVERSITY OF NEVADA SYSTEM
WHEREAS, a strong educational system is essential to the
preservation of a democratic form of government through
the development of an informed and productive citizenry;
and
WHEREAS, the nation's economic well being is enhanced
by a trained and responsive labor force made available
through secondary and post secondary programs; and
WHEREAS, individuals in a free society should be en-
couraged to realize their full potential;
THEREFORE BE IT RESOLVED that the University Board of
Regents and the State Board of Education join together
to request adequate and stable funding for public ele-
mentary, secondary and higher education.
Mr. Buchanan moved for approval. Mr. Karamanos seconded.
Motion carried.
RESOLUTION #82-3
JOINT RESOLUTION OF THE NEVADA STATE
BOARD OF EDUCATION AND THE BOARD OF REGENTS
OF THE UNIVERSITY OF NEVADA SYSTEM
The Nevada State Board of Education and the Board of
Regents of the University of Nevada System, meeting
in a combined session, hereby resolve to request the
Nevada Legislature to enact a resolution proposing a
constitutional amendment, to be voted upon by the
people, providing for the imposition of an estate tax
not greater than the credit allowable for such a tax
against the federal estate tax, reduced by the amount
paid to any other state, and specifically providing
that the monies realized by the State of Nevada by said
estate tax be equally divided between the University of
Nevada System and public schools under the jurisdiction
of the State Board of Education for public education
purposes in addition to any regular appropriations of
the Legislature for the same. The Boards direct their
staffs to request a legislative bill draft from the
Legislative Counsel for this purpose.
The Chancellor was directed to have legislation prepared and
to prepare a plan for educating the general public on this
issue.
Mr. Ross moved for approval. Mrs. Fong seconded. Motion
carried.
6. Approval of Appointment of Secretary of the Board
Chancellor Bersi pointed out that the Board had appointed
Ms. Mary Lou Moser as Acting Secretary of the Board in
April, 1982. At this time he recommended approval of
changing the title to "Secretary of the Board".
Mrs. Fong moved for approval. Mrs. Gallagher seconded.
Motion carried.
7. Approval of TMCC Foundation Board Members
President Eardley requested approval of the following per-
sons to be added to the TMCC Foundation Board:
Mr. Graham Arlitz
Ms. Frankie Sue Del Papa
Mr. Charles E. Hopping
Mrs. Phyllis Kaiser
Mr. Viroj Lee
Mr. Jim Mortimore
Ms. Margo Piscevich
The Chancellor was asked to review the policy on Foundation
Board Members, especially with regard to Regents being a
member of those Boards.
Mrs. Fong moved for approval. Mrs. Gallagher seconded.
Motion carried.
8. Approval of Request for Regents Sponsorship of Fund Raiser
Dr. Goodall stated that on February 26, 1983 the Nevada
Development Authority, the Air Force Association, local
Chambers of Commerce, and other groups are hosting a fund
raising dinner in Las Vegas to support engineering and re-
lated high-tech programs at UNLV. The sponsoring organiza-
tions have asked that the Board of Regents also be a spon-
sor.
Mrs. Fong moved for approval. Mr. Buchanan seconded.
Motion carried.
9. Approval to Negotiate Acquisition of Land in Clark County,
DRI
Dr. Murino requested authorization to enter into negotia-
tions with the Department of Interior for the acquisition
of land in Clark county which could be used as an indus-
trial research park. If successful, this land would be ob-
tained through the DRI Research Foundation.
Mr. Karamanos reminded the Board that the land obtained from
the BLM for a second site for a Community College in Clark
County was to be developed before 1984 or would revert back
to the BLM. Vice Chancellor Dawson stated that he has filed
for an extension of time and feels certain this will be
granted.
Mrs. Gallagher moved for approval. Mr. Karamanos seconded.
Motion carried.
10. Approval of Amendment to Handbook, Title 4, Chapter 21,
Section 4
As a result of General Counsel Opinion No. 82-4 concerning
the in-state residence status of nonimmigrant aliens, a
modification to the Board of Regents policy concerning such
students is necessary. General Counsel Klasic requested
approval of a change in Regents Handbook, Title 4, Chapter
21, Section 4 (12) as follows:
An alien student holding a permanent immigrant visa
and otherwise meeting the requirements for in-state
student status shall be classified as an in-state
student. Alien students holding other types of visas
shall not be classified as in-state students except
as may be required by federal law upon due considera-
tion of evidence of in-state residence.
Mrs. Whitley moved approval. Mr. Karamanos seconded.
Motion carried.
Mr. Cashell reminded the officers and faculties that the
adoption of the Code revisions provides a mechanism to
work together to strengthen the System and that he hoped
the attitute of cooperation and spirit which has prevailed
for the past 4 years will continue toward this end.
11. Approval of Request for Personnel Session
In compliance with NRS. 241.030, a closed personnel session
was requested for purposes of discussing personnel of the
University of Nevada System.
Mrs. Whitley moved for approval. Mr. Karamanos seconded.
Motion carried.
The meeting reconvened at 2:00 P.M.
12. Consideration of Nathan Adelson Hospice Loan Application,
Information Only
Chairman Cashell announced that Mr. Irwin Molasky would be
available for questions concerning this loan but would not
be acting in an advisory capacity to the University System
because of a conflict of interest in that he serves as a
member of the Hospice Advisory Board and a member of the
Regents Investment Advisory Committee.
Mr. David Brandsness, Hospice Advisory Board member, stated
that he was apprearing before the Board to give additional
information and to answer questions which had arisen from
previous discussions (see Regents Board Minutes 11/5/82).
He stated further that at this time two Hospice Board mem-
bers, Mr. Irwin Molasky and Mr. Mervin Adelson, were willing
to personally guarantee the loan for the full 12 years. He
also related that they are willing to reduce the principal
by $100,000 per year on the $2.5 million loan over the 12
years.
Managing Director Mike Starr, Alexander Grant Company, pre-
sented an independent financial analysis of the project. A
revised forecast was distributed showing the $100,000 per
year repayment with a balloon payment of $1.3 million at the
end of the loan.
From a question by Mrs. Fong concerning the reduced annual
payments from 1990 through 1993, Mr. Starr explained that
because of the $100,000 annual principal payment, the in-
terest expense consequently decreases, therefore the annual
payments are reduced. Mrs. Fong was also concerned with
the statement that one reason a loan of this type is dif-
ficult for a bank is that the University owns the land and
would not give a subordination of the land to a bank. She
stated that many loans to large hotels in Las Vegas are
made without such subordinations.
The Board designated Vice Chancellor Dawson to coordinate
the gathering of necessary information, working with Legal
Counsel Don Klasic, Hospice attorneys and personnel, and
any other persons necessary, to prepare legal documents for
presentation to the Board. Board members were asked to
direct all questions and concerns regarding this matter
through Mark Dawson. Mr. Molasky and Mr. Adelson were as-
sured that any personal information supplied by them would
remain in strictest confidence.
Mr. Mc Bride moved approval of appointing Vice Chancellor
Dawson coordinator of the project. Mr. Karamanos seconded.
Motion carried.
13. Discussion of Regents Policy Concerning Student Government
ASUN Officers had requested an opportunity to discuss with
Regents the policy adopted in April 1982 concerning govern-
ance of student governments. Mr. Bill Hamma, Mr. Alan
Hopper and Mr. Bill Siegel, ASUN, and Mr. Rick Oshinski,
CSUN, appeared before the Board questioning the policy and
asking that consideration be given to rescinding that pol-
icy. Regents directed the Student Officers to work direct-
ly with their respective Presidents on all such matters,
stating that if there were specific instances of hardships
for the operation of the student governments, that the
students were welcome to again appear before the Board.
14. Mr. Buchanan asked that agendas and minutes be mailed to
those Regents who are retiring for at least the next 6
months.
15. Chancellor's Report
Chancellor Bersi distributed to the Board a year end report
of the status of some 40 separate requests made by the Board
of the Chancellor's staff and stated that such report would
be available on an annual basis.
16. President Crowley requested consideration of an emergency
item in the form of a gift made to UNR to remodel the
Visitors Center and a further request that the building be
named for the donors.
Mr. Buchanan moved to accept the item as an emergency and
to also name the building for the donors. Mrs. Gallagher
seconded.
The building in question is south of the Ross Business
building, was constructed in 1914, and will now house the
Office of Career Planning and Placement, School Relations
Office and the Information Office. The gift is 3350 shares
of common stock of Gannett and Company, valued now in ex-
cess of $200,000, from donors Clarence K. and Martha H.
Jones.
Motion carried.
17. Vice Chairman Mc Bride submitted 3 Resolutions for approval:
RESOLUTION #82-4
WHEREAS, James L. Buchanan, II, has served as a Regent
of the University of Nevada continuously from January,
1973 through December, 1982; and
WHEREAS, during his tenure as Regent he has freely de-
voted time and attention to this public office, seeking
always the advancement of the University; and
WHEREAS, the appropriate and proper growth of all Di-
visions of the University of Nevada throughout the
State has always been an abiding concern to him; and
WHEREAS, as Chairman of the Board from 1975 through
1978, he provided effective and constructive leader-
ship.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Re-
gents of the University of Nevada, on behalf of its
individual members, the Administration, the faculties,
staff and students, hereby expresses to Mr. Buchanan
its most sincere appreciation for his dedicated and
effective service to the University of Nevada; and
BE IT FURTHER RESOLVED that the Regents sincerely hope
that his interest in and support of the University will
continue and that the University community will continue
to benefit from his counsel.
Given at Reno this 3rd day of December, 1982.
RESOLUTION #82-5
WHEREAS, John Tom Ross has served as a Regent of the
University of Nevada continuously from January, 1975
through December, 1982; and
WHEREAS, during his tenure as Regent he has freely
devoted his time and attention to this public office,
seeking always the advancement of the University; and
WHEREAS, the appropriate and proper growth of all Di-
visions of the University of Nevada throughout the
State has always been an abiding concern to him; and
WHEREAS, he served as Vice Chairman during 1979, pro-
viding effective and constructive leadership.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Re-
gents of the University of Nevada, on behalf of its
individual members, the Administration, the faculties,
staff and students, hereby expresses to Mr. Ross its
most sincere appreciation for his dedicated and effec-
tive service to the University of Nevada; and
BE IT FURTHER RESOLVED that the Regents sincerely hope
that his interest in and support of the University will
continue and that the University community will continue
to benefit from his counsel.
Given at Reno this 3rd day of December, 1982.
RESOLUTION #82-6
WHEREAS, Robert A. Cashell has served as a Regent of the
University of Nevada from January, 1979 through December
1982; and
WHEREAS, during his tenure as Regent he has freely and
unselfishly devoted time and attention to this public
office, seeking always the advancement of the Univer-
sity; and
WHEREAS, the appropriate and proper growth of all Di-
visions of the University of Nevada throughout the State
has always been an abiding concern to him; and
WHEREAS, as Chairman of the Board from 1979 through 1982
he provided effective and constructive leadership.
NOW, THEREFORE, BE IT RESOLVED that the Board of Regents
of the University of Nevada, on behalf of its individ-
ual members, the Administration, the faculties, staff
and students, hereby expresses to Robert A. Cashell
its most sincere appreciation for his dedicated and ef-
fective service to the University of Nevada; and
BE IT FURTHER RESOLVED that the Regents sincerely hope
that his interest in and support of the University will
continue and that the University community will continue
to benefit from his wise counsel.
Given at Reno this 3rd day of December, 1982.
Plaques were also presented to the retiring Regents, who were
then thanked for their efforts on behalf of the University of
Nevada System. A wine and cheese reception followed the ad-
journment.
The meeting adjourned at 3:10 P.M.
Mary Lou Moser
Secretary of the Board
12-03-1982