Approved April 6, 2001
                                
    THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF MARYLAND
                                
                                
                     MINUTES OF THE MEETING
                                
                                
                        February 9, 2001
                                
            University of Maryland University College
                                
                       EXECUTIVE SESSIONS
                                
                                

Chairman Chapman moved, Regent Larson seconded and the Board of
Regents voted unanimously to convene in closed and executive
session with the Chancellor on Friday, February 9, 2001, at
University of Maryland University College beginning at 8:30 a.m.
Those present were: Chairman Chapman, Regents Billingsley, Finan,
Gonzales, Houghton, Josey, Larson, Mister, Nevins, Oxendine,
Tydings, and Wood, Chancellor Langenberg, Assistant Attorney
General Anderson and Ms. Ryan. The Board of Regents and the
Chancellor reviewed items on the agenda that were exempted under
the Open Meetings Act for consideration in closed and executive
session. The meeting adjourned at 10:45 a.m.

Chairman Chapman moved, Regent Larson seconded and the Board of
Regents voted unanimously to convene in closed and Executive
Session with Chancellor's Council on Friday, February 9, 2001, at
University of Maryland University College at 10:50 a.m.  Those
present were: Chairman Chapman, Regents Billingsley, Finan,
Gonzales, Houghton, Josey, Larson, Mister Nevins, Oxendine,
Tydings, and Wood; Chancellor Langenberg, Assistant Attorney
General Anderson, Vice Chancellors Martin, Middleton, and Vivona,
and Ms. Ryan; Presidents Boesch, Burnett, Gira, Heeger,
Hrabowski, Ramsay, Smith, Spikes, and Turner; Vice Presidents
Lovelace(UMBI); Sturtz (UMCP), Interim Provost Cathcart (SSU);
Chief of Staff Marabel (BSU), Dr. Chapin, Mr. Ross, Mr. Rasheed
and USM staff members.  The Board of Regents and the Chancellor's
Council reviewed items on the agenda that are exempted under the
Open Meetings Act for consideration in closed and executive
session.  The meeting adjourned at 10:57 p.m.


PUBLIC SESSION

A. Call to Order, Welcome and Remarks from the Host Institution

     The public meeting of the Board of Regents of the University
     System of Maryland was called to order at 11:00 a.m. by
     Chairman Chapman on Friday, February 9, 2001 at University
     of Maryland University College.  Those present were Chairman
     Chapman, Regents Billingsley, Finan, Gonzales, Houghton,
     Josey, Larson, Mister, Nevins, Oxendine, Tydings, Wood,
     Chancellor Langenberg, Assistant Attorney General Anderson,
     Vice Chancellors Martin, Middleton, and Vivona, and Ms.
     Ryan; Presidents Boesch, Burnett, Gira, Heeger, Hrabowski,
     Ramsay, Smith, Spikes, and Turner; Vice Presidents Lovelace
     (UMBI); Sturtz (UMCP), Interim Provost Cathcart (SSU); Chief
     of Staff Marabel (BSU), Dr. Chapin, Mr. Ross, Mr. Rasheed,
     Ms. Flanders, members of the press and other observers.
     
     President Heeger welcomed the Regents and guests to
     University of Maryland University College and presented an
     overview of UMUC.
     
B. Committee of the Whole

     1. Chairman Chapman requested that the Board of Regents 
        approve the minutes of, and ratify the actions taken 
        at, the December 8, 2000 meeting; moved by Regent 
        Josey, seconded by Regent Larson. Minutes were 
        unanimously approved.
        
     2. The discussion of the Office of Civil Rights 
        Partnership agreement was tabled and will be 
        discussed in a special meeting at a later date.

     3. Collective Bargaining Legislation

       Regent Nevins presented a report of the special meeting
       of the Finance Committee held at the USM Office on
       December 20, 2000 that discussed Collective Bargaining.
       At the conclusion of an extensive comment period, the
       Finance Committee voted to support the concept of
       collective bargaining and recommended that any proposed
       legislation provide for System-wide bargaining units with
       strong individual institutional sub-agreements.  Regent
       Nevins felt that SB 207 deserves an "A grade."
       
       After his presentation, Regent Nevins made a motion:  "Be
       it resolved that the Board of Regents of the USM supports
       Senate Bill 207 in the form that it exists today,
       February 9, 2001."  Seconded by Regent Wood.  Regent
       Chapman opened the discussion on the Collective
       Bargaining legislation.
       
       Regent Wood made a few comments regarding some
       correspondence that has been circulated which he felt
       misstated his position in respect to the process of how
       we have arrived at this point and also with respect to
       his position.
       
       Regent Tydings read his statement regarding his position
       on collective bargaining as well as presenting an
       overview of the ad hoc committee's work.
       
       Regent Tydings expressed concern with the sections of the
       bill which he felt take the control of personnel matters
       away from the System and its individual institutions and
       give them to the Secretary of Budget and Management.
       Tydings presented an historical overview of autonomy in
       the University of Maryland.
       
       Regent Tydings stated that the ad hoc committee appointed
       by Chairman Chapman decided it would support the Governor
       and recommend approval of Collective Bargaining by the
       System provided the legislation contained the following
       protections:
       
       1. Separate bargaining units for all members of the System
          (similar to those that are being given to Morgan and 
          St. Mary's in SB 207).
       2. A separate (Labor Board) for Higher Education employees
          similar to the mechanism given to other employees in
          the State or higher education appointments to the SLRB.

     Vice Chancellor Vivona presented an overview of the
     collective bargaining bill process stating that the goal was
     to get the best bill possible for USM.  He felt the present
     bill was a good as USM would get.  There were two points in
     question:  (1) to ensure that unfair labor practices met the
     quantitative and qualitative values that were important on a
     State-wide basis, and (2) the definition of exempted
     employees.  It was important to the institutions that
     confidential, supervisory and managerial employees and
     faculty were exempted from collective bargaining.

     Regent Gonzales asked Mr. Vivona if it was his understanding
     that the bill would allow this Board of Regents to segment
     out the agreement - on this issue or issues - any issue, any
     institution?  Mr. Vivona stated that is the language that
     was negotiated.
       
     Louise Gonzales to Assistant Attorney General John Anderson:
     Does "any" get it done?

     John Anderson:  "I believe it does.  This is what we wanted;
     they gave it to us and I think the testimony in the
     historical record of this legislation should it pass, will
     be calculated to support that interpretation.  But the
     language taken by itself is and ought to be adequate."

     Representatives from Council of University Staff, ASFME and
     Maryland Classified Employees Association along with
     Presidents Ramsay and Smith presented their views on the
     collective bargaining legislation.

     Regent Tydings presented the first of three Amendments:
     Motion by Regent Tydings:  If the Board recommends votes to
     ultimately support collective bargaining, it should put a
     condition that requests the legislature amend to set up a
     provision for a separate labor board for higher education
     and not put jurisdiction under the existing SLRB.  Seconded
     by Regent Josey.
     
Discussion followed and was then put to a vote:

     For: 0
     Against: 9
     Abstain:  3

     Motion Failed

     Mr. Chapman requested a vote on the original motion to
     support of the SB 207- Collective Bargaining legislation.

     For:  8
     Abstain:  4
     Against:  0

     Regent Tydings proposed a second amendment: It was moved
     that when the report is sent to the legislature that they
     give consideration to separate bargaining units for each
     individual institution.  Seconded by Regent Josey.
     Following discussion, a vote was taken:

     Yes -0
     No - 11
     Abstain:  1

     Regent Tydings presented his third amendment:- "that we
     recommend that provisions of this bill which take existing
     powers of the Regents and transfer them to the Secretary of
     DBP be amended so that those powers stay with the Board of
     Regents."

     The motion failed due to lack of a second.

     Regent Gonzales moved that in discussions with the Governor
     and the Legislature that the Regents affirm support of SB
     207, that it was the Board's understanding that any
     exclusive representative or the Board of Regents itself can
     direct the negotiation of a supplemental MOU on any 
     issue at any one or more of the institutions of the 
     USM."  Seconded by Lance Billingsley.  Following discussion,
     the motion was unanimously approved.

     Regent Chapman stated that the Board of Regents endorses
     collective bargaining as described in the present
     legislation and will convey that to the Governor as well as
     all the other sentiments that are related through our
     testimony and conversations with the appropriate people.

     4.   President Ramsay presented an overview of the funding
          cutbacks for reimbursements to physicians and others
          involved in health care as a result of the balanced
          budget amendment of 1997 which has restricted the
          funding of costs of medical education, the under-
          funding of Medicaid, the effect of private insurers
          lowering insurance rates; pressure from corporations
          that buy insurance is impacting all at once on the
          capacity of the practice plan within the UMB.
          Physicians, dentists and others see patients to make a
          profit- but they are taking a loss.  That impacts on
          the transfer of monies into the University budget and
          on the abilities for UMB to carry out its mission of
          educating students, and residents.  The impact of
          seeing those patients that don't have insurance or
          those covered by the Medicaid program is enormous.
          Addressing the Medicaid reimbursement rates is going to
          be a very important public policy issue.

          Dr. Ramsay asked if the Board would support a proposal
          from Johns Hopkins and UMB which would improve
          reimbursement rates and put more money into Medicaid.

          Regent Nevins urged Dr. Ramsay to try to maintain the
          outstanding record of service of health care and dental
          care delivery to the community.

          Regent Chapman asked how eminent are these adjustments
          that will have to be made?

          Dr. Ramsay:.   We think, because of the pull out of the
          MCO and Medicaid market, we're going to sustain a loss
          of about $12.5 million dollars in our health plan.  We
          will have to look very carefully at staffing rates

          Regent Chapman stated that since it appears that there
          will have to be financial adjustments that the Finance
          Committee meet with Dr. Ramsay.  We need to make sure
          we've done everything possible not to have to make
          adjustments.

          Regent Nevins stated that a meeting was scheduled for
          the following week and that he would bring back
          information to the Regents.

C. Report of the Advisory Committees

  1.   David Ramsay, President, Council of University System
       Presidents - no report.

  2.   William Chapin, Council of University System Staff, 
       provided  his report.  Topics included:
Update on the pending Alcohol and Drug Abuse Policy for faculty; Collective Bargaining Towson Search Diversity - domestic partners 3. Roy Ross, CUSS, distributed his written report, but due to time constraints, did not give a verbal report. Report on file with the minutes. 4. Saleem Rasheed, University System Student Council reported on topics including: Campus security Financial aide Student and Faculty Evaluation Examination of minimum English proficiency for instructors 2001-2002 Student Regent Regent Chapman invited Mr. Jeremy Bates of the University System Student Council to come forward and present USMSC's concerns regarding the outcome of the 2001-2002 Student Regent selection process. The Regents assured the USMSC that the Regents will give serious attention to the names nominated from the Council to the Chancellor. He reminded Mr. Bates that it is ultimately the Governor's decision. It was requested that the Council provide the names three candidates in the future. D. Committee on Audit - Regent Kendall - No Report E. Committee on Education Policy - Regent Gonzales reported on the Education Policy Committee meeting on January 16, 2001. Action Items: 1. Procedures for Appeals to the University System of Maryland Board of Regents of Decision to Terminate Tenured or Tenure-Track Faculty members. Motion for approval was made by Regent Gonzales, moved by Regent Oxendine, seconded by Regent Nevins and unanimously approved. 2. Approval of the Policy on Annual Leave for Faculty. Motion for approval was made by Regent Gonzales, moved by Regent Nevins, seconded by Regent Wood and unanimously approved. 3. New Program Approvals: FSU - BA/BS in Exercise and Sport Science SSU - BA in Conflict Analysis and Dispute Resolution SSU - BS in Athletic Training TU - BA/BS in Religious Studies TU - BS in E-business TU-BS in Geography and Land Surveying TU - EdD in Instructional Technology TU -MA in Humanities TU - MS in Social Sciences UMES - BA in Applied Design UMES - PhD in Food Science and Technology UMUC - MS in Accounting and Financial Management
Motion for approval of all of the new programs was made by Regent Gonzales, moved by Regent Larson, seconded by Regent Tydings and unanimously approved. Information items were not discussed but may be at a later meeting: Maryland Sea Grant College Program OCR Partnership: Enhancement Requests for the HBCU Campus Crime Reports SAT Scores at USM Institutions F. Committee on External Relations - Regent Josey presented the report from the January 19, 2001 meeting including USM Campaign Status Report ($40.5 million dollars has been raised to date) and Report on Gifts to Endowments; efforts of the Board of Regents to strengthen relationships with institution Boards of Visitors; the Report of the Affiliated Foundations; and the legislative update report. G. Committee on Finance Regent Nevins, Chair of the Committee on Finance, reported on the meeting of the January 25, 2000. Action Items: The following items were taken as a group for approval: Amendments to Board of Regents Policy VII-1.40 - Policy on Contingent Employment for Nonexempt and Exempt Staff Employees; USM: Real Property Policies and Procedures; UMCP: Use of Indirect Debt Capacity for the Issuance of Bonds to Construct Building B of the Capstone South Campus Housing Project; UMCP: Upgrade of the Campus Recreation Services/ Health and Human Performance Softball Field for the Intercollegiate Athletics Women's Softball Team; UMBC: Increase in Scope and Funding to Construct a New Parking Structure; FY 2001 Contract between University of Maryland, Baltimore and the University of Maryland Medical System Corporation.
Motion for approval of the items was made by Regent Chapman, moved by Regent Nevins, seconded by Regent Gonzales and unanimously approved. Single item action: UMCP: Installation of Fire Protection Systems for Residence Halls and Greek Houses. Motion for approval made by Regent Chapman, moved by Regent Nevins, seconded by Regent Tydings and unanimously approved. H. Technology Committee - Regent Wood - Regent Wood reported that the funding for the technology initiative could be in jeopardy. It is not known if budget cuts will be uniform or targeted. The Chairman stated that it was important that Regents spend time with members of the legislature during the session. I. Organization and Compensation Committee - Regent Finan - No Report J. New Business Resolutions of Exemplary Service for Regents Michael Gelman and Lillian Hobson Lincoln were unanimously approved. Resolutions on file with the minutes. Adjourned: 3:45 p.m.