Approved December 10, 2004
MINUTES OF THE MEETING OF BOARD OF REGENTS
October 22, 2004
Chairman Kendall moved, Regent Nevins seconded and
the Board of Regents voted unanimously to convene in
Closed and Executive Session with the Chancellor on
Friday, October 22, 2004, 8:05 a.m. and adjourned at
9:15 a.m. at Salisbury University. Those present were:
Chairman Kendall, Regents Acosta, Finan, Florestano,
Gill, Horine, Houghton, Hug, Mandel, Mitchell, Nevins,
Pettit, Pevenstein, Riley, Rosapepe, and Tydings,
Chancellor Kirwan, Ms. Ryan, Assistant Attorney
Generals Cobb, and Short. The Board of Regents
reviewed items on the agenda that were exempted under
the Open Meetings Act for consideration in closed and
A. Chairman Kendall called the meeting of the
University System of Maryland Board of Regents was
called to order at 10:05 a.m. on Friday, October 22,
2004 at Salisbury University. Those in attendance
were: Chairman Kendall, Regents Acosta, Finan,
Florestano, Gill, Horine, Houghton, Hug, Mandel,
Mitchell, Nevins, Pettit, Pevenstein, Riley, Rosapepe
and Tydings, Chancellor Kirwan, Vice Chancellors
Goldstein, Schwab and Vivona, Assistant Attorney
Generals Cobb and Short, Presidents Boesch, Bogomolny,
Caret, Dudley-Eshbach, Hunter-Cevera, Lowe, Mote,
Ramsay, Vice Presidents Johnson (UMBC) and Holden
(UMES), Provost Gregory (Coppin), Ms Ryan, members of
the press and others.
B. President Janet Dudley-Eshbach welcomed regents,
presidents and others to Salisbury University. She
presented a video highlighting students and faculty
which focused on diversity, shared governance, building
ties with the community, fundraising, civic engagement
and international education.
C. Committee of the Whole
1. The minutes of the September 10, 2004 were
2. Collective Bargaining Report
Regent Kendall presented the following MOU's
for the public record. Mr. Kendall thanked the
institutions for the hard work that went into
negotiating the agreements. The institutional
Human Resources Directors did an outstanding job
briefing the Regents and thanked all who were
a. Bowie State University Exempt
b. Frostburg State University Exempt
c. Frostburg State University Non-Exempt
d. Frostburg State University Sworn Police
e. University of Baltimore Non Exempt
f. University of Baltimore Special Police
g. UMCP Exempt
h. UMCP Non-Exempt
i. UMCP Fraternal Order of Police
j. UMUC Non-Exempt
k. UMES Non-Exempt
l. Bowie Sworn Police Officers and
Salisbury Police Officers - accepted by the
Board during Executive Session on 10/22/04.
3. Chancellor Kirwan's presented his report to
the regents. The report is on file with the
minutes of the meeting.
4. E&E Report - Chancellor Kirwan presented the
Effectiveness and Efficiency. Report. A copy
of the report is on file with the minutes as
well as on the USM Website. A copy of
Chancellor's Kirwan's overview is attached.
D. Report of the Councils
1. Council of University System Presidents -
President Bogomolny reported on the last
meeting of CUSP which devoted most of the
meeting to discussing (1) the E&E report
and the perspectives of the USM presidents;
he stated that the presidents are committed
to working towards the E&E goals; (2) money
availability for up-front staff building for
fund raising; (3) financial aid report.
2. Council of University System Faculty - Dr.
Richardson presented the report of CUSF.
He expressed concerns with certain aspects
of the E&E report. The System needs to stay
competitive with other institutions for the
best faculty; there is a need to look at
individual professors and their workload;
compensation, benefits to ensure retaining
Regent Kendall responded that the faculty are
the key to the success of the System. He
has explained to legislators that faculty and
administrators need to be compensated
competitively in order to retain the
3. Council of University System Staff - Mr.
Crockett presented the report of CUSS.
Report on file with the minutes.
4. University System Student Council - Regent Horine
presented the USSC report. Annapolis 101 has been
scheduled for Tuesday, January 25 in the
Presidential Conference Room, James Office
Building in Annapolis. It is hoped that all
institutions will send representatives.
Regent Kendall recognized Mr. Aaron Kraus
from the UMCP Student Government Association who
spoke briefly about the need for additional
funding for UMCP.
E. Education Policy Committee
1. The minutes of the September 28, 2004 meeting
were unanimously approved.
2. Proposed Modification of USM Policy on
Appointment, Rank and Tenure of Faculty
(II-1.00). Moved for approval by Regent
Florestano; seconded by Regent
Mitchell and unanimously approved.
3. Formation of System-wide Council on Alcohol
Use and Abuse. The Committee on Education
Policy recommended that the Board direct the
Vice Presidents for Student Affairs to add to
their meeting agendas as a standing item
discussion of best practices to combat alcohol
abuse on campuses and to report back to the
Committee. Regent Florestano moved for
approval of the recommendation; seconded by
Regent Mitchell and unanimously approved.
4. Annual Agenda 2004-2005, including Role and
Function of the Committee. Moved by
Regent Florestano; seconded by
Regent Mitchell and unanimously approved.
5. Report on Student Learning Outcomes
Assessment Report (SLOAR). The report was
presented for information purposes only.
Copy on file with the Chancellor's Office.
F. Finance Committee
1. Regent Nevins presented a summary of the
October 14, 2004 meeting of the Finance
2. USM: Effectiveness and Efficiency
Initiatives: Real Property Assets.
Regent Nevins moved for approval; seconded by
Regent Tydings and unanimously approved.
3. USM: Draft FY 2006 Separate List Request was
presented for information. The list
represents what initiatives the Board and
Chancellor would prioritize if additional
monies are received from the State
4. Bowie State University Facilities Master Plan
2002-2012 was moved for approval by Regent
Nevins; seconded by Regent Florestano and
5. Proposed Amendments to Board Policy VII-1.40
- USM Policy on Contingent II Status
Employment for Nonexempt and Exempt Staff
Employees. Regent Nevins moved for approval;
seconded by Regent Rosapepe and unanimously
Regent Nevins moved that Items 6 and 7 be
placed on the consent agenda; seconded by
Regent Rosapepe. Items 6 and 7 were
6. Proposed Board of Regents Policy on Leave for
Service as Election Judge.
7. Amendment to the Board of Regents Policy on
Family and Medical Leave (VII-7.50) (action)
8. Common Trust Fund: Investment Performance for
FY 2004 was presented for information
G. Committee on Organization and Compensation
- Regent Finan
1. Presidential Search Guidelines were moved for
approval by Regent Finan; seconded by Regent
Tydings and unanimously approved.
2. Guidelines of Regent Responsibilities were
moved for approval by Regent Finan;
seconded by Regent Florestano. Regent Hug
suggested a change in the last sentence of
the preamble from "assuming responsibility" to
"assuming oversight of its management."
Unanimously approved with the suggested change.
H. Audit Committee - Regent Pevenstein presented a
report of the meeting of the Audit Committee
which met on October 14, 2004. The Committee is
working on the process for increasing the audit
staff. The Committee accepted various internal
audit reports that have been completed from January
through September 2004. It will be looking at
various provisions of the Sarbanes-Oxley Act to see
how they may apply to the USM.
I. Adjournment: 12:20