University System of Maryland Board of Regents


June 23, 2006


Minutes of the Public Session


  1. Chairman Nevins called the meeting of the University System of Maryland Board of Regents to order at 8:35 a.m. on Friday, June 23, 2006 at Frostburg State University. Those in attendance were:  Chairman Nevins, Regents Brady, Finan, Florestano, Gill, Hoffmann, Johnson, Kelly, Kendall, Krongard, Mandel, Mitchell, Pevenstein, and Willcher; Chancellor Kirwan, Vice Chancellors Goldstein, Vivona and Raley; Assistant Attorneys General Goedert and Short;  Presidents Aldridge, Bogomolny, Gira, Hrabowski, Hunter-Cevera, Mote and Ramsay; Vice Presidents Ramsey (BSU), Holden (UMES), Wilson (UMCES), Brennan (TU); Assistant Provost Rembauld (CSU); Ms. Ryan;  USM Staff; members of the press and others.  Also in attendance was Regent-elect Caitlin Heidemann.

  3. Dr. Gira gave a welcome to Regents and others and presented a humorous and informative overview of the history of the city of Frostburg - "Little known facts about Frostburg." She also presented an overview of FSU, including the student population (25% minority representation in incoming freshman class), signature academic programs, nationally-recognized faculty, a culture of community service, FSU as a hub of cultural events for the region, and economic development initiatives. Dr. Gira's retirement takes effect July 1; the regents presented a resolution to her naming her President Emerita.

C.     Committee of the Whole

    1.      President Bogomolny presented on behalf of CUSP (Council of University System Presidents). He joined the Regents' praises for Dr. Gira, citing her counsel and wisdom shared with all the presidents. At its recent meeting, CUSP discussed plans for a workshop on capital campaign planning to be coordinated by the USM Advancement Office in the fall. There was also discussion of guidelines for institutional plans to prepare for a major health crisis, such as the Avian Flu Pandemic. The Chancellor has asked each institution to submit plans to him by September 1. The presidents reviewed the latest version of the residency policy, which the regents will be asked to approve today. There was a recent Supreme Court decision on protection of free speech for public employees; the AG's Office will draft a USM policy on this topic, recognizing the unique issue of academic freedom. Finally, President Bogomolny announced that UMES President Thompson was elected as Chair of CUSP and will take over immediately.

    2.      Dr. Martha Siegel presented on behalf of the Council of University System Faculty (CUSF). CUSF remains concerned about the changes in the state pension system and the availability of materials explaining such changes - especially for recruiting purposes and for orienting new faculty and staff. CUSF is opposed to the statewide COLA cap and urges USM to oppose caps in the future. A revised tuition remission policy was tabled for board review today because CUSF has concerns about the change in definition of financial dependence. There will be further analysis of the policy. Professor David Parker from Salisbury was elected Chair of CUSF for the upcoming year. Regent Florestano asked that a progress report on health benefits for full-time lecturers, an issue that has been raised by CUSF numerous times, be presented at the September board meeting. A written report was distributed at the meeting and is on file in the Chancellor's Office.

    3.      Joe Hill presented the report of CUSS (Council of University System Staff). CUSS strongly supports an enhanced optional retirement program (increasing the employer contribution). CUSS is concerned about prescription costs and health insurance benefits for surviving spouses and dependents of USM employees. This is Joe Hill's last meeting as chair of the council; the new chair has not been selected yet. A written report was distributed at the meeting and is on file in the Chancellor's Office.

    4.      USM Student Council presented a written report with the distributed board materials. The new chair of USMSC is Brian Bailey.

    5.      Chancellor Kirwan presented his annual report to the board and distributed copies. He emphasized the extraordinary accomplishments of the last year, culminating in unprecedented agreement among state leaders for major financial support for higher education - 15% increase for the system's operating budget and a capital budget in excess of $190 million. He focused on the major themes and successes for the year: making higher education accessible and affordable for an increasing number of students; re-engineering our academic and administrative processes through our continued E & E initiatives; reaching levels of excellence with institutional, presidential and faculty achievements; playing a significant role in the social and economic well-being for the state of Maryland; serving the state's workforce needs through our regional centers, our focus on the life sciences, information technology, teaching and the health professions. Copies of the Chancellor's Annual Report are available through the Chancellor's Office.

    6.      The minutes of April 7, 2006 and May 10, 2006 were unanimously approved with one change to the minutes of April 7, 2006: Regent Kelly was in attendance. Moved by Regent Florestano, seconded by Regent Johnson.

    7.      The meeting schedule for 2006-2007 as presented was unanimously approved. Moved by Regent Florestano, seconded by Regent Mandel

Full Board Meetings (all Fridays)

September 8

October 27

December 1

February 16

April 13

June 22

    8.      Regent Nevins introduced the agenda item for the report of the Nominating Committee by advising the board that he had requested the committee, when it was appointed, not consider him for another term as chair. His professional responsibilities, job demands and family responsibilities influenced his decision. He emphasized that he is not leaving the board and that he will continue to work diligently as a Regent for the good of the System. He is proud and pleased of the accomplishments of this year, and considers it an honor and a pleasure to have served as Chair. Regent Finan presented the report of the Nominating Committee, which included Regents Mitchell and Florestano. The slate as presented was unanimously approved:

Chairman:Clifford M. Kendall

Vice Chairman: Robert Pevenstein

Secretary: Robert Mitchell

Treasurer: R. Michael Gill

Assistant Secretary: Alicia Coro Hoffman

Assistant Treasurer: Patricia Florestano

Regent Kendall thanked the Board for its vote of confidence; he said he was pleased to serve as chair of this extraordinary group, all of whom put System concerns above personal interests.

    9.      Chancellor Kirwan announced that the report on the possible relocation of the Institute for Human Virology has been delayed and that a recommendation should be ready for consideration at the September meeting.

D. Committee on Education Policy Regent Willcher

    1. Proposed revision of BOR Policy on Human Subjects (IV-2.10) was recommended by UMB to update terminology and clarify responsibilities. Approval of the revised policy was moved by Regent Willcher and seconded by Regent Florestano.

    2. Establishment of the University of Maryland School of Public Health - proposal from University of Maryland, Baltimore. Moved by Regent Willcher and seconded by Regent Florestatno, the Board unanimously approved creating the school and directed UMB to continue working with UMCP on a combined school.

    3. Six new programs were presented for approval. All were considered and approved individually; all were unanimously approved:

        a. BSU - Applied Sc.D in Computer Science

        b. BSU - M.A. in Mental Health Counseling

        c. FSU - B.S. in Ethnobotany

        d. UMBC - M.S. and Ph.D. in Human Centered Computing

        e. UMCP - Ph.D. in Anthropology

        f. UMCP - Bachelor's of Music Education

    4.  Program actions delegated to Chancellor: Per BOR Resolution III-7.03, the committee receives information on actions delegated to the Chancellor for the year. Such actions included program name changes, discontinuance of (or establishment of new) certificates, concentrations and programs. A chart of such actions was included in board materials.

    5. Campus Crime Reports are presented annually as an information item to the committee. A summary of the crime report data was included with the board materials.

    6. FY 2005 Report on Extramural Funding was presented for information to the committee. Over $900 million was received by USM institutions, representing a 4.1% increase over FY 2004. UMB accounted for a 21% increase.

    7. The committee received a briefing on the Policy in Student Residency Classification for Admission, Tuition and Charge-Differential Purposes (VIII-2.70); the full Board considers the revised policy today during the Finance Committee report.

    8. Institutional Intercollegiate Athletic Reports are reviewed annually by the Committee on Educational Policy. A summary was included in the Board materials.

Note: Regent Willcher chaired the June 1, 2006 committee meeting in the absence of committee chair Florestano.

E. Finance Committee Regent Pevenstein

    1. USM Capital Budget: Prior to the Board's review, an overview was presented outlining the two parts of the budget. The five-year Capital Improvement Program (CIP) for FY 2008-2012 totals $1.32 billion. This is the state-funded budget. The FY 2008 request totals $308 million. The five-year System-Funded Construction Program (SFCP) equals $403 million (the FY 2007 request totals $109 million -- $97.3 million in bonds, $11.7 million in cash. The budget projects reflect the regents' priority, e.g., meeting enrollment demand, accommodating research growth, facilities renewal.

    2. Approval of the CIP: It was moved (Regent Pevenstein) and seconded (Regent Gill) to approve the FY 2008 capital budget request and the proposed FY 2008-2012 Capital Improvement Program and to authorize the Chancellor to make appropriate changes consistent with existing board policies and guidelines, including a supplemental request for acceleration of critical projects (any such changes to be reported to the Finance Committee). The motion was unanimously approved.

    3. Approval of the SFCP: It was moved (Regent Pevenstein) and seconded (Regent Johnson) to approve the FY 2007 System Funded Construction Program request and to authorize the Chancellor to make appropriate changes consistent with board policies and guidelines (any such changes to be reported to the Finance Committee). Regent Willcher expressed concern about the privatized student housing projects citing quality of life issues and students' need for social interaction, such issues better addressed through campus-based residency programs. Other regents and presidents discussed the validity of Regent Willcher's concerns, saying these can be addressed by adding additional staff for these projects and carefully monitoring the environment within the student housing, but they did recognize the advantages working with private developers. The motion passed with one negative vote (Regent Willcher).

    4.26th Bond Resolution: this action will authorize the issuance of revenue bonds to finance $122 million of new academic and auxiliary projects. It was moved (Regent Pevenstein) and seconded (Regent Krongard) and unanimously approved.

    5. Revisions to Policy VIII-2.70 - Policy on Student Classification for Admission and Tuition Purposes. The revisions are in response to the recent court decision on the Bergman case. The major revision adds standards to define evidence needed to rebut the financial dependency presumption. Regent Pevenstein moved approval, Regent Florestano seconded; unanimously approved.

    6. Item to revise Policy VII-4.20 Tuition Remission was tabled for further review by USM office staff, CUSP, CUSF and CUSS.

    7. UMCP: Procurement of Serial Subscriptions (periodicals, newspapers and electronic resources). This proposal will allow UMCP to award a contract to EBSCO for approximately $12 million for an initial 3-year term to procure serial subscriptions and to exercise the remaining three 2-year renewal option providing pricing is competitive with the marketplace at the time of renewal and consistent with USM procurement policies and procedures. It was noted that such subscriptions benefit all USM institutions through the library consortium. Motion to approve made by Regent Pevenstein, seconded by Regent Florestano, and unanimously approved.

    8. Report on capital improvement projects (covering 6-month period ending April 30, 2006) was presented as an information item.

F. Audit & Institutional Assessment Committee      Regent Gill

    1. Charter: The committee presented its Charter to the Board for approval. The Charter establishes the committee's responsibilities and defines committee's composition and meeting schedules. Approval was moved by Regent Gill and seconded by Regent Johnson.

    2. Ethics Policy Guidelines: The committee is working on a set of guidelines for the Board's ethics policy; these will be presented at the October meeting,

G. Technology Transfer Workgroup: Regent Gill provided a brief summary of the   group's activities, including its review of communications and collaborations among USM institutions and their tech transfer offices. The group is also working with TEDCO on a report on patent costs.

The meeting adjourned at 11 a.m. and was followed by a briefing on state ethics law by Suzanne Fox, executive director, State Ethics Commission.