12/03/1982

UCCSN Board of Regents' Meeting Minutes
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