THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF MARYLAND
MINUTES OF THE MEETING
August 25, 2000
Shady Grove Center
EXECUTIVE SESSIONS
Chairman Chapman moved, Regent Larson seconded and the Board
of Regents voted unanimously to convene in closed and
executive session on Friday, August 25, 2000, at the
Shady Grove Center, Rockville, MD beginning at 8:30 a.m.
Those present were: Chairman Chapman, Regents Finan,
Gonzales, Houghton, Hoyer, Josey, Kendall, Larson,
Nevins, Oxendine, Tydings, and Wood and Assistant
Attorney General Anderson. The meeting adjourned at 12:30 p.m.
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 on August
25, 2000, at the Shady Grove Center, Rockville, MD
beginning at 12:30 p.m. Those present were: Chairman
Chapman, Regents Finan, Gonzales, Houghton, Hoyer,
Josey, Kendall, Larson, Nevins, Oxendine, Tydings,
and Wood, Chancellor Langenberg, Vice Chancellor
Vivona, Assistant Attorney General Anderson, and
Ms. Ryan. The meeting adjourned at 12:55 p.m.
Action Items:
A. Approval of Proposed Advisory Board for USM
Universities of Shady Grove
B. University of Maryland, Baltimore County:
Acquisition of 5445 Wilkens Avenue
C. University of Maryland, Baltimore County:
Approval of UMBC Research Park Corporation Board
D. University of Maryland University College: Lease
at P.G. Metro Center
Information Item:
A. Report on Business Entities and Other Related
Entities and Activities
Chairman Chapman announced that since of the length of
time taken in the Executive Session and there not being
any items on the agenda for action that Executive Session
with Chancellor's Council be canceled.
PUBLIC SESSION
I. 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
by Chairman Chapman on Friday, August 25, 2000 at
the University System of Maryland Shady Grove Center,
Rockville, MD, beginning at 1:25 p.m. Those present
were: Chairman Chapman, Regents Finan, Gonzales,
Houghton, Hoyer, Josey, Kendall, Larson, Nevins,
Oxendine, Tydings, and Wood.
Dr. Gertrude Eaton, Acting Executive Director of the USM
Shady Grove Center, welcomed members of the Board of
Regents and guests. Dr. Eaton presented an overview of
the new Universities of Shady Grove which will begin
day-time undergraduate classes for Fall 2000. The
USM Universities of Shady Grove will provide full-
or part-time classes in General and Liberal Studies,
Psychology, Nursing and Early Childhood/Special
Education in 2000 in conjunction with the 11 USM
degree-granting institutions. In the Fall of 2001,
classes in Accounting, General Business, International
Business, Marketing, Information Systems, Hotel and
Restaurant Management, Social Work and Special
Education/Elementary and Secondary Education will be
added.
Dr. Eaton announced the Board approval for the formation
of an Advisory Board for the Shady Grove Center and
introduced several members of the Shady Grove Steering
Committee: Dr. Charlene Nunley, President of Montgomery
College, Earle Palmer Brown, Gene Counihan, and Vice
Chancellors Vivona and Middleton.
Regents Chapman and Larson congratulated Dr. Eaton on the
successful implementation of the program.
II. Committee of the Whole
A. Chairman Chapman requested that the Board of Regents
approve the minutes of, and ratify the actions taken
at, the July 7, 2000 meeting; moved by Regent Nevins,
seconded by Regent Hoyer and unanimously approved.
III. Reports of Standing Committees
A. Council of University System Presidents
President Catherine Gira thanked the Board on
behalf of all of the Presidents for the success
in obtaining resources; the institutions are
enjoying the largess;
Presidents are eager to assist with the development
of the OCR Agreement;
Conversion of Contingent II employees to full
employment - is a very good thing but will have
a different impact on each campus;
Praised the Chancellor and USM for their work during
the year.
B. Council of University System Faculty
Dr. William Chapin, CUSF Chair, stated they will be
working on the following issues for the coming year:
Shared Governance - thanked the regents for their
support of the new policy;
Faculty Grievance Procedures
Salary compaction and catch-up
New Excellence
C. Council of University System Staff
Mr. Larry Lauer, CUSS Chair, presented the proposed
2000-01 agenda:
Follow-up the proposed USM System training and
development programs;
Work with USM and BOR to revise policy on
Contingent Employees to provide, at a minimum,
health care benefits for all staff who work
full-time;
Revise and refine the award process for the
Regent's University Staff Awards;
Propose modifications to the nonexempt pay program
that provides flexibility that allows USM to
recognize all individuals who exceed expectations;
Review the current PMP process and provide
suggestions for simplified evaluation; on-line
forms, standards, etc;
Lobby for increased resources for USM Personnel
Office so current programs can be implemented and
evaluated;
Shared Governance;
Collective Bargaining.
Recognized Jennifer Berkman for her work as the
Regent's Representative.
Regent Hoyer asked for a definition of Contingent
I and Contingent II employees. Mr. Lauer explained
that Contingent I is an employee who is very
temporary who usually work for 6 months or less
(usually seasonal employees ); Contingent II
employee is full-time, employed over six months.
CUSS is concerned about the long term Contingent II
employee that was hired without a State PIN line
which does not provide for benefits.
Regent Hoyer asked how many Contingent employees
with more than 6 months service duration do we have
in the System? Mr. Lauer stated that about 4700
contingent employees, of which only about 1400
don't have coverage.
Mr. Lauer will send Regent Hoyer a copy of the CUSS
report that was submitted in May.
Regent Nevins: The budget that is to be presented at
this meeting does include money for benefits for all
such employees who have been with the System for two
years or more.
Regent Hoyer: Is that full benefits - retirement
included?
Regent Nevins: Yes
D. University System Student Council
Mr. Saleem Rasheed, USSC Chair, stated that the theme
for the year will be "Commitment to Service" exceeding
ordinary expectations as we strive to increase the
standards of student services on our respective
campuses. The group will be working on the following
areas for 2000-01:
· Financial Aid Practices
· Academic Advising
· Student Faculty Evaluations
· Shared Governance
· Student Rights and Responsibilities
IV. Committee on Advancement - no report
V. Committee on Audit - no report
VI. Committee on Education Policy
Regent Gonzales reported on the August 22, 2000 meeting
of the Committee.
A. New Program Proposals:
1. SSU - MS in Social Work
2. SSU - BA in Theatre Arts
3. UMB Doctoral of Physical Therapy (DPT)
4. UMUC, M.Ed. with Specialization in Instructional
Technology
Regent Gonzales requested that the four new program
proposals be approved as a group; moved by Regent
Hoyer, seconded by Regent Wood and unanimously
approved.
B. Format for Reports on Technological Fluency
Regent Gonzales moved approval of the format of
reports on technological fluency in principle with
the criteria indicated in the proposed format to
serve as guidelines to the campuses in addressing
technological fluency and further recommend that
the Office of Academic Affairs in conjunctions
with the Academic Affairs Advisory Committee
devolve a flexible reporting format to be
brought back to the Committee and then in turn
to the Board in September. Seconded by Regent
Tydings and unanimously approved.
Regent Wood complimented the Education Policy
Committee and Regent Gonzales for finalizing
this technology fluency statement. It interfaces
very well with the BOR's Minimum Information
Technology Sandards and together they will make a
real difference to the System.
C. USM Policy on Shared Governance
Regent Gonzales moved the approval of the USM Policy
on Shared Governance as distributed today, seconded by
Regent Oxendine.
Discussion: Regent Gonzales pointed out the
differences between the policy handed out and voted
on today and the policy that was in the Regent's
packet:
Page 2, III Practice, Paragraph B: parts of this
policy apply to the institution as a whole and other
parts apply to the respective subunits (departments).
Paragraph B was intended to apply to the institution
as a whole - so the 75% requirement was intended to
be a requirement applied to the governance body as a
whole of the institution not necessarily to the
respective subunits.. The difference in the amended
proposal is the new sentence that makes it clear that
this percentage shall not apply to Paragraph G.
III, Paragraph K, III: Faculty, staff and students
expressing their opinions on shared governance matters
will have protection from retaliation as provided by
the first amendment of the US Constitution.
Acknowledging that we all have the rights of the
Constitution, it was concluded that some may construe
this to mean more than was intended. New paragraph K
was adopted which is more specific. All constituencies
were comfortable with the language.
A concern was raised before the meeting regarding
Item II, Paragraph E. Regent Gonzales stated that
the second sentence was a new one since the Committee
had met in June: "While some members of shared
governance bodies may be appointed, the substantial
majority should be elected by the constituencies.
Such bodies should elect their own presiding
officers." Dr. Ramsay, of UM,B, has some concerns
about that sentence.
Dr. Joann Boughman, Vice President UMB, represented
Dr. Ramsay and presented his concerns. Dr. Boughman
stated that it would be troublesome if the
interpretation and if the intent is that in
principle B, the second sentence is a requirement,
not only at the institutional body level for all of
the subunits as well. The concern would be eliminated
if the sentence were eliminated or even the change
were made rather saying "such bodies" if it simply
said "institutional bodies should elect their
presiding officer." "The single word change would
eliminate the concerns that have been expressed
by people on our campus and President Ramsay."
Regent Gonzales: The preference would be that the
sentence be eliminated so there would be no
requirement that the presiding officers be elected
at any level. Is that correct?
Dr. Boughman: Yes, our concern is at the subunit
level. To have the sentence read "institutional bodies
should elect their own presiding officers" would
address the concern.
Regent Gonzales: To clarify, are you saying that
shared governance bodies, say for the School of
Medicine, would not be required to have their
officers elected but could in fact be appointed?
And the reason for that is because you believe
that the Medical School, for example, couldn't
operate its business side effectively if its
presiding officers were elected. Is that the
rationale?
Dr. Boughman: That is the point of discussion as
brought forward by the complex School of Medicine.
There is a committee of whole or an assembly and
a council - in all other schools at least one if
not both of the bodies are presided by a chair or
some elected faculty member. The School of Medicine
currently has a faculty assembly, the faculty
council is 62% elected; several other members
include the department chairs
Regent Gonzales: All of the other institutions and
presidents are comfortable with it as is. I think
it is fair to say that Dr. Ramsay is not comfortable
and not likely to get comfortable with it. I don't
think that will change.
Additional discussion followed. Regent Gonzales
stated that this policy with the sentence contained
was presented to the presidents and councils at the
Chancellor's Council meeting on August 7 and no
dissent was voiced. Dr. Ramsay was present and had
voiced no objections.
Regent Josey asked if the policy is approved, could
this policy be later amended if Dr. Ramsay made a
successful case or experience that he can document?
Regent Chapman: Yes
The policy was unanimously approved.
Regent Chapman congratulated the Committee and Regent
Gonzales on their effort on the important effort.
Regent Gonzales thanked all of the presidents, the
Councils, Dr. Middleton, and the Chancellor who
worked for the entire year to bring this policy to
completion.
Information Item:
Tentative Agenda for FY 2000-2001.
VII. Committee on Finance
Regent Nevins, Vice Chair of the Committee on Finance,
reported on the meeting of the August 24, 2000 meeting of
the Committee.
Vice Chancellor Vivona gave an abbreviated Budget
Presentation. USM has put in place the State Plan,
a Strategic Plan, Managing for Results and
Performance and Accountability Plans during FY
2000. USM will ask the Governor for a total of $96M
FY2002 Operating Budget (a 12% increase) which
will be allocated according to the funding
guidelines. This will take USM to 93% of the
funding guidelines.
This budget increases the optional retirement up
over a two year period; Contingent II Employee
conversion - over the next two years these
employees will be transitioned to regular status
to include all benefits accorded USM employees.
Request for a one time appropriation to the Regent
priority for Minimum Technology Standards, $40M
Separate List Request: $45M
Action Items:
A. University System of Maryland: Fiscal Year 2002
Schedule of Tuition and Mandatory Fees - Resident
increases are being held to a maximum of 4% change.
Non-resident students are required to pay the full
cost of education, but this will be reviewed again
in two years. The Finance Committee requests that
the Committee be assigned the task this year to do
a study and analysis for a new recommendation on
tuition and fee setting policies. Request to approve
made by Regent Nevins; moved by Regent Chapman,
seconded by Regent Josey.
Regent Chapman requested that the Committee look at
ways to affect a tuition reduction.
Unanimously approved.
B. University System of Maryland: FY 2002-2006 Tuition
Plan - Request to approve made by Regent Nevins,
moved by Regent Chapman, seconded by Regent Josey and
unanimously approved.
C. University System of Maryland: Fiscal Year 2002
Operating Budget Request of $2.6 Billion - an increase
of $51M in general funds.
Request to approve FY 2002 Operating Budget made by
Regent Nevins; moved by Regent Chapman, seconded by
Regent Oxendine and unanimously approved.
D. University System of Maryland: Separate List Request
of $45M in general funds - Request to approve made by
Regent Nevins, moved by Regent Chapman, seconded by
Regent Josey and unanimously approved.
Information Items:
A. Four-Year Tuition Plan Analysis
B. Financial Data Report for the Year Ended
June 30, 2000
C. University of Maryland: Progress of Capital
Improvement Projects
VIII. Technology Committee
Regent Wood presented an overview of the Joint Chair's
Report on the institutional responses to the Minimum IT
Standards. The report includes what the institutions need
in addition to the minimum standards to be competitive with
their aspiration peers; the cost of each initiative; what
existing revenue sources there are available at each campus;
and implementation schedules for each campus.
Regent Wood requested that the Regents approve the Report
to the Joint Chairs; moved by Regent Chapman, seconded
by Regent Nevins and unanimously approved.
IX. Organization and Compensation Committee - no report
X. Chancellor's Report - Chancellor Langenberg reported on
the following items:
· MHEC-OCR Partnership Agreement should be reached by
September 30, 2000.
·
The USM Strategic Plan has been forwarded to the
Governor, General Assembly and MHEC and has been
favorably received;
·
USM has been chosen to host the 2002 conference of the
Society of Environmental Journalists which will be held
in Baltimore;
·
The USM office, working in collaboration with campus IT
offices, has reached an agreement with four major
computer manufacturers (Apple, Gateway, Dell and IBM)
whereby USM students, faculty and staff will be able
to purchase computers at a lower price on selected
computers than they can receive elsewhere.
XI. New Business
A. Chairman Chapman read a news release into the minutes
regarding a new vice chancellor position:
"USM Board of Regents and Chancellor Discuss Issue of
New Vice Chancellor Position
The issue of the possible appointment of Lance
Billingsley as a vice chancellor of the University
System of Maryland (USM) was discussed today by the
USM Board of Regents. The Board met first in executive
session and then with USM Chancellor Donald N.
Langenberg to review the Chancellor's plan to appoint
Mr. Billingsley, a USM regent, to an interim position
as a USM vice Chancellor. It was noted Mr. Billingsley,
who did not attend the meeting, had withdrawn his
candidacy for such a position, and the Board concluded
that such an appointment is no longer being considered.
The Board instructed the Chancellor to submit any
proposal to create a new vice chancellor position to
the Board for its approval or disapproval.
At the conclusion of the Board's deliberations, Board
Chairman Nathan A. Chapman, Jr. said, 'The Board
considered this plan to be an error in judgment on the
part of both the Chancellor and Regent Billingsley.
The Board and the Chancellor are in agreement that
future organizational plans of this type will be
submitted to the board for its review.'
'In retrospect, I should have consulted with the
Board about this matter,' said Chancellor Langenberg."
The Board made both its concerns and expectations
very clear and I look forward to our collaborative
review of the USM Office's organizational structure
and needs."
B. Regent Nevins stated that the Towson Search Committee
was moving ahead on the search and an advertisement
for the position had appeared in the Chronicle of
Higher Education.
Adjourned 3:20 p.m.