USM Logo Text

THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF MARYLAND
                              
                              
               MINUTES OF THE SPECIAL MEETING
                              
                      February 21, 2003
          University of Maryland University College
                              
                              
                              
              EXECUTIVE SESSION WITH CHANCELLOR
                              

Chairman Kendall moved, Regent Larson seconded and the Board
of Regents voted unanimously to convene in closed and
Executive Session with the Chancellor on Friday, February
21, 2003, at University of Maryland University College
beginning at 11:15 a.m.  Those present were:  Chairman
Kendall, Vice Chairman Larson, Regents Billingsley, Canter,
Johnson, Nevins, Tydings, Wood; Regents Finan, Josey and
Rosapepe participated by phone; Chancellor Kirwan and Vice
Chancellors Martin and Vivona; Assistant Attorney General
John Anderson and Ms. Ryan. The Board of Regents reviewed
items on the agenda that were exempted under the Open
Meetings Act for consideration in closed and executive
session.  The meeting adjourned at 12:15 p.m.


PUBLIC SESSION:

  Chairman Kendall called the public meeting of the Board
  of Regents of the University System of Maryland to order
  at 8:39 a.m. on Friday, February 21, 2003 at University
  of Maryland University College. Those present were:
  Chairman Kendall, Vice Chairman Larson, Regents
  Billingsley, Canter, Johnson, Nevins, Tydings, Wood;
  Regents Finan, Josey and Rosapepe participated by phone;
  Chancellor Kirwan, Vice Chancellors Martin and Vivona;
  Mr. John Anderson, Assistant Attorney General;
  Presidents Burnett,  Dudley-Eshbach, Gira, Heeger,
  Hrabowski, Hunter-Cevera, Lowe, Ramsay,  Thompson, Vice
  President Ron Legon (UB); Vice President Gary Rubin (TU);
  Vice President Wilson (UMCES); Assistant to the President
  Anne Wyile (UMCP); Dr. Parker (CUSF), Mr. Hill (CUSS),
  Mr. Patton (USMSC), Ms. Ryan, USM staff members, members
  of the press and other observers.

Chairman Kendall recognized Mr. Richard Hug, Regent-nominee,
who was attending the meeting.

A.   President Heeger presented an update of UMUC.
     Enrollment for fall is up 8% and continued growth is
     forecast.

     1.   New collaborations with Montgomery College to
     offer new degree, Bachelor of  Technical and
     Professional Studies and Biotechnology studies to be
     offered at the Germantown Campus of Montgomery College.
     Similar conversations are ongoing with College of
     Southern Maryland, Prince George's, Harford and Anne
     Arundel Community Colleges.

     2.   An award of $2 Million in federal dollars has been
     granted to MSDE, UMUC,  UMBC and Prince George's County
     to fund Maryland Alternative Route to Certification
     Options - a fast track way to create new teachers.  The
     first class of students are hoping to move into
     teaching in Prince George's County by fall.

     3.   April 22, 2003, Dr. Heeger will be in Hong Kong
     initiating a new graduate relationship with Hong Kong
     Polytechnical University.  Agreements with Helsinki
     University of Technology and Monterey Institute of
     Technology from Mexico will soon follow, joining
     existing relationships with other international
     institutions. The  goal is to use technology to carry
     international programs to the next level where faculty
     and students can share courses.

B.   Committee of the Whole

  1.   The minutes of the December 6, 2002 meeting were
     unanimously approved.
  2.   Report from Chancellor Kirwan: (Full report on file
     with the minutes)  The Chancellor presented an overview of
     the legislative session to-date as well as the Grassroots
     Initiative.  This initiative is working to communicate
     across the state, as well as to the legislature, the
     necessity of continued funding for the USM.  Much support
     has been received from businesses and associations
     statewide.  Chancellor Kirwan commended the presidents for
     the excellent testimony in Annapolis and thanked Regents 
     for their support testimony.

     Regent Kirwan announced that Regent Andrew Canter was
     recently recognized by USA Today as a member of their
     All Academic Team.

     Regent Kendall said that the Regents, Presidents and
     Chancellor have done an outstanding job of getting the
     message out regarding funding concerns.  It is
     important not to let up and continue to work together
     to present our case.
     
  3. Resolution for Appreciation of Calvin Burnett

     Regent Wood read the resolution of appreciation for Dr.
     Calvin Burnett, retiring president of Coppin State
     College, into the record.  Regent Wood moved for
     approval; seconded by Nevins and unanimously approved.

            RESOLUTION OF THE BOARD OF REGENTS OF
              THE UNIVERSITY SYSTEM OF MARYLAND
             CONCERNING THE EXEMPLARY SERVICE OF

                      CALVIN W. BURNETT

       UNIVERSITY SYSTEM OF MARYLAND BOARD OF REGENTS
                              
     WHEREAS, Calvin W. Burnett has been President of Coppin
State College since 1970, and in that time, has served his
campus and community with honor, grace, and equanimity; and
     WHEREAS, he has led with both his head and his heart,
exercising sound judgment and unselfishly placing the needs
of Coppin State College above his own; and
     WHEREAS, he has witnessed mammoth changes during a
tenure that has spanned more than three decades, yet has
been steady in the face of change and consistently spirited
in advocating for his institution; and
     WHEREAS, he has positioned Coppin State College for
great success and is therefore leaving a campus that is
strong and prepared for all that the future may hold; and
     WHEREAS, his commitment to providing educational access
to students, many of whom have been the first in their
families to attend college, has never wavered, even in the
face of budgetary and other challenges;

     NOW, THEREFORE, BE IT RESOLVED THAT the Board of
Regents of the University System of Maryland gratefully
acknowledges Calvin W. Burnett's efforts on behalf of the
students of Maryland;
     BE IT FURTHER RESOLVED THAT the Board of Regents
extends to Calvin W. Burnett its sincere gratitude and
appoints Dr. Burnett as President Emeritus of Coppin State
College, a lasting tribute to his commitment to the Coppin
family.

                      February 21, 2003


Dr. Burnett thanked the Regents for the resolution and
thanked his colleagues for all of their assistance over the
years.


     4.   Capital and Operating budget 04:  Vice Chancellor
     Vivona presented an overview of the Capital and
     Operating Budget.  Last year a request to cover 5 years
     was $900M for the Capital Improvement Program.  The
     governor proposed a  $757M budget.  For FY 2004, we
     requested $178M; we received $159M + $8M for property
     adjacent to Coppin - total of $173M for 2004.

     Operating Budget request at this time stands at $800.0M
     pending further reductions to be decided by the House
     and the Senate;  furloughs and layoffs are contemplated
     to help meet the funding shortfall.
     
     Areas of attention and concern:  Enrollment growth;
     workforce shortages; tuition affordability; OCR
     agreement; research budget; one-time savings to
     strengthen the balance sheet, funding guidelines
     attainment.

     The legislative staff has suggested additional
     reductions including eliminating tuition waivers for
     employees and families.

     Regent Tydings asked the meaning of tuition remission.
     
     Mr. Vivona:  Tuition remission is an employee benefit
     extending tuition waivers to employees, children, and
     spouses.  It is a major hiring incentive for faculty
     and staff.  Loss of this benefit would have long term
     effects on our competitiveness in terms of recruitment.

     Regent Kendall:  This is very important to faculty and
     staff and the loss would handicap institutions greatly.
     It's not a big item in the budget and very important
     that institutions have this recruiting tool.

      Regent Nevins then presented a motion authorizing the
     presidents of the USM institutions to implement
     employee furloughs, only if necessary, with one
     suggested change.  There is a provision listed in the
     second item C: "Employees may not be permitted to be in
     their work areas or to perform official duties during
     the period of furlough."  Mr. Nevins questioned why
     individuals such as the Chancellor, Vice Chancellors,
     Presidents and others, if they so choose, would not be
     permitted to perform their official duties.

     John Anderson proposed a modification:  "As a general
     matter, employees should not be permitted to be in
     their work area or to perform official duties during
     the period of furlough."

     Regent Nevins:  If presidents choose to recognize their
     official duties during their own furlough periods they
     should be entitled to do so.

     Regent Kendall:  With that change, I offer this motion:
     is there a second

     Second:  Regent Rosapepe

     Regent Wood:  There are employees who are loyal who
     would want to come back to work - want to make
     contribution.  Is there some kind of agreement that you
     could prepare that would solve the legal problems and
     allow employees who want to volunteer  their time; who
     want to stay on their job, who don't want to be a week
     behind when they return to work?  It seems if there is
     way to provide a free voluntary option for workers in
     that category, that we should give it to them.

     John Anderson:  People have to understand that this
     isn't because we are trying to keep them away, but it
     really is a matter of Federal labor law.  It's
     difficult to come to agreement on what all would see as
     voluntary.  Given the less rigid language that David
     presented we could work with them.  But I'm not
     confident of that

     Regent Larson: I like less restrictive language; I
     think we need to be careful that we  don't have subtle
     pressure for people to come in on furlough; we need to
     be careful that we have a balanced approach that those
     that want to can, but no one is pressured to be a
     voluntary worker.

     Regent Canter: I am concerned for lower income
     employees.  I would like to see a commitment that
     higher paid employees would put in more individual
     furlough days than the lowest paid in the state.

     Regent Kendall:  We have to leave it up to the
     presidents to manage their affairs.

     Chancellor Kirwan:  We will of course report back to
     the board the distribution of furlough days, and I
     think in that way you will be able to see that Regent
     Canter's sensitivity was taken into account.

     Regent Canter:  If we are all behind it and the
     presidents are going to do it anyway, we should express
     our public commitment to that philosophy.  I think it
     would be important just for the message it sends.
     Regent Canter recommended that the Board insert a new
     Guideline  - G:  Wording for proposed Guideline G:
     "Presidents should be encouraged to be increasingly
     sensitive to the needs of their lower income
     employees."

     Regent Kendall:  I would take that as an amendment.

     Seconded:  Regent Tydings

     John Anderson:  You are either saying that the regents
     would like presidents to give consideration to a
     progressive furlough program or you are saying they
     must do a progressive furlough programs.

     Regent Kendall:  Consideration is enough; Second holds
     with change.

     Vice Chancellor Vivona:  I want to remind the Board
     that, for most of the employees you are speaking about,
     this item is a subject of collective bargaining, so
     guidance from the Board on a collective bargaining item
     should be considered seriously in terms of whether you
     say "should" or "that you prefer,"  because that
     establishes a new base line when we talk to the
     representatives of the membership

     Regent Josey:  When I was reviewing the materials that
     I received, I was unsure what we did previously.  Are
     we doing anything differently this time than we did the
     previous time?

     Dr. Gira:  On average it was 3 days of furloughs, but
     it was graduated on most of the campuses.

     Chancellor Kirwan:  Across the System it was an average
     of 3 days but implemented progressively as we've just
     been talking about with this resolution.

     Regent Josey:  Were there issues related to people
     wanting to come in but could not because we may be
     violating federal fair labor standards act?

     John Anderson:  Not that I heard about so I can just
     say that it didn't become a matter of any litigation or
     serious legal dispute.

     Regent Kirwan:  I do recall that many people chose to
     come in on a voluntary basis; I know I did and Dr. Gira
     did and I'm sure that many of the other presidents and
     senior administrators did as well.

     Regent Kendall:  I might point out that we did not have
     collective bargaining.
     I am going to speak against the amendment.  I think the
     feeling is that the Board of Regents supports it.  We
     add complexity to our lives and I think if we would
     just leave that feeling with the presidents that we
     might be better off.   If there are no other comments,
     I'll going to ask for a vote on the amendment.

     Regent Johnson:   I think the simpler that we keep the
     amendment the better off we will be in the long run.  I
     think Joe's point is good regarding the base line of
     information you establish when you start to deal with
     collective bargaining.  If we have an idea that is
     clear among all the presidents what we would like to
     see, I think the less documentation will pretty much
     put us in a stronger position from a bargaining
     standpoint.  Also I think the spirit of what we intend
     to do is going to be evident from past experiences as
     well.  I am in support of your position and will not go
     with the amendment.


     Vote:  all in favor of amendment:  Canter, Billingsley,
            Tydings, Rosapepe

     Opposed: Wood, Nevins, Larson, Kendall, Johnson, Josey,
              Finan

     Regent Kendall:  The amendment fails.  Although this
     amendment fails, I would encourage the presidents to do
     this and it will report back to the board.   Now we
     will go back to the original amendment:

  Amendment:  Item C:  "As a general matter, employees
     should not be permitted to work in their areas."

     Unanimously approved with one dissenting vote by Regent
      Canter.


C.   Advisory Councils:

1.   University System Council of Presidents: President Gira
     reported that Presidents have been spending much of
     their time on the legislative session and the budget.
     The USM message seems to be getting through from the
     presidents to the Appropriations and Budget and
     Taxation Committees.

     The Presidents have not met since the Legislative
     Analysts raised the issue of eliminating tuition
     remission.  Dr. Gira stated that tuition remission is
     an important recruiting tool for faculty and staff.it's
     not a revenue stream; there would be no savings by
     doing away with tuition remission.

     Dr. Gira stated that the impact of budget cuts and
     layoffs in the rural areas are particularly disastrous.
     There are no other jobs for those laid off in depressed
     areas.

     Regent Tydings stated that was an incredibly important
     point that should be included in all of the
     testimonies.

     Dr. Gira stated that the presidents worked closely with
     System Office to oppose the bill for a community
     college to offer BA degree; Chancellor Kirwan was able
     to build a coalition for a presentation with MICUA and
     MHEC, all opposing the bill.  The coalition was also
     evident at the recent press conference.

     Presidents are also working with their alumni and
     business groups to get the word for no more cuts to
     higher education.

     Regent Tydings:  We must start hitting the economic
     part of the lowering the USM budget and get the boards
     of visitors involved.  It is necessity to get across
     the message of the economic impact especially to UMB,
     UMBI, Towson, UMBC, and UB and the affects to the City
     of Baltimore should these deep budget cuts continue.

     Regent Kendal stated that UMMS is also greatly affected
     by these cuts - if we don't have the faculty, we don't
     attract patients, we lose economically.  We should make
     everyone else understand the full implications.

     Regent Wood:  The UMMS Shock Trauma Center is also at risk.

2.   Council of University System Faculty:  Dr. David Parker
     stated that the tuition remission benefit is a real
     benefit to secretarial and maintenance staff - their
     children are able to come to college who would not have
     been able to get an education otherwise.

     Dr. Parker stated that the faculty sees the budget
     crisis as demoralizing and are worried about being
     pushed back into mediocrity.  CUSF will not be able to
     meet with Governor Ehrlich until May to express their
     concerns.

     Regent Larson suggested trying to set a meeting with
     the Lt. Governor.

3.   Council of University System Staff:  Chairman Hill
     expressed concern with negative impact of layoffs,
     furloughs, and potential loss of tuition benefit.  Many
     employees have counted on these benefits for their
     children to be able to go to college.

     CUSS has provided a letter of support of Maintain the
     Momentum; initiated grass roots programs and is
     available for Chancellor, Regents or Presidents as
     needed.

     University System Student Council:  Regent Canter
     presented the report stating that they will host an
     event in Annapolis during the second week of March

D.  Report of the Committee on Finance:  Regent Nevins
    presented the report of the Committee on Finance
    1.   Minutes of the January 22, 2003 meeting.

    Motion by Regent Nevins to place Items 2 through 6 on a
    consent agenda; seconded by Regent Larson
    2.   UMCP: Funding for the Alumni Center
    3.   UMCP:  Research Park Building 1
    4.   USM:  Deferred Compensation Plan
    5.   USM:  Grievance Policy for Exempt and Nonexempt
               Employees
    6.   USM:  Policy for Exempt and Nonexempt Employees on
               Disclosure of Misconduct

For the record, Regent Billingsley stated that he serves on
the Board of Governors of the UMCP Alumni Association.
"This is a consent agenda and I do intend to vote."

Consent agenda unanimously approved.

Item 7:  Enrollment Projections:
Mr. Vivona presented a brief overview of enrollment
projections.

Regent Nevins:  There are major public policy questions that
have to do with enrollment projections.

I move that the Board affirm the Chancellor's recommendation
that "the institutions should analyze the impact of the
current budget condition and further potential funding
reductions, on enrollment and work with the Vice Chancellor
on formulating alternatives."  A report will be brought back
to the Finance Committee meeting on March 20, 2003.

Seconded: Regent Rosapepe

Regent Josey: Will USM continue conversations with
legislators during the summer?

Chancellor Kirwan: Excellent suggestion; we will develop a
schedule so that we can have ongoing dialog with legislature
on these issues.

Motion unanimously approved

Regent Nevins:  We recognize the seriousness of budget cuts;
once this legislative season passes, the Finance Committee,
in conjunction with the Chairman, Chancellor, staffs and
presidents, need to look at the way we do business; we can't
claim that we are operating at 100% efficiency, and I think
what the Governor and the legislature want to see from us is
that our house is in order; we need to be looking at ways to
be more efficient and effective; approvals of academic
programs need to be looked at seriously.

Items 8 and 9 presented as Information only
     8.   USM: Financial Date Report
     9.   USM: Report on Procurements between $1 Million and
               $5 Million for FY 2002


E.  Committee on Education Policy - Regent Orlan Johnson
presented the report of the Committee for Chair Florestano.

       1.   Minutes of the January 22, 2003 meeting.
       2.   New Program Proposals
             a.    FSU: Bachelor of Technical and
               Professional Studies in Information
               Technology Management (BTPS): moved for
               approval by Regent Johnson; seconded by
               Regent Billingsley; unanimously approved.
            b.   UB: BA in Community Studies and Civic
          Engagement
               UB:  BA of Technical and Professional Studies
               (BTPS) in Simulation and Digital
               Entertainment: moved for approved by Regent
               Johnson; seconded by Regent Billingsley;
               unanimously approved.
           c.   TU:  Bachelor of Science in Forensic
               Chemistry: moved for approval by Regent
               Johnson; seconded by Regent Billingsley;
               unanimously approved.
           d.   UMCP: Post Baccalaureate Certificate in
               Critical Theory
               UMCP: Master of Information Management (MIM):
               moved for approval by Regent Johnson;
               seconded by Regent Tydings, unanimously
               approved.

       3.   Modification of the USM Policy on Solicitation and
          Acceptance of Sponsored Projects: moved: Regent 
          Johnson; seconded: Regent Tydings, unanimously 
          approved.
       4.   Proposed addition of the Title: Senior Lecturer 
          to the USM Policy on the Appointment, Rank, and 
          Tenure of Faculty: moved by Regent Johnson; 
          seconded by Regent Wood; unanimously approved.
     
       Items 5-though 9 were presented as Information Items:
       5.   Community College Issues
       6.   Middle States Review of USM Institutions: 2002
       7.   Minority Achievement Reports: Baseline Data
       8.   Teacher Education: Status Report
       9.   Campus Crime Reports

F.   Committee on Technology.  Regent Wood presented the
     report of the Committee.
     1.   Minutes of the January 10, 2003 meeting.
     2.   Digital Divide Initiative Report:  Regent Wood
          presented an overview of the Report.
          
G.   Adjournment

     The meeting of the Board of Regents was adjourned at
11:03 a.m.
University System of Maryland
3300 Metzerott Road
Adelphi, MD 20783-1690, USA
301.445.2740