November 2000 Board Meeting Minutes

Board of Trustees Meeting Minutes
Wednesday, November 15, 2000

World Trade Center
St. Paul, Minnesota

Trustees Present: Will Antell, Andrew Boss, Brent A. Calhoun, Mary Choate, Dennis Dotson, Ivan Dusek, Robert Erickson, Bob Hoffman, Jim A. Luoma, Lew Moran, Joann Splonskowski, Joseph Swanson, Michael Vekich, Chair

Trustees Absent: Nancy Brataas, Daniel G. Coborn


  1. Call to Order
    Chair Vekich called the meeting to order at 12:10 p.m. and reported that a quorum was present. There were no changes to the agenda.

  2. Chair's Report

    a. Approval of Minutes of Board of Trustees Meeting of October 18, 2000
    Trustee Erickson moved approval of the corrected minutes of October 18, 2000. Trustee Luoma seconded and the minutes were approved without dissent.

    b. Report of the Executive Committee Meeting of November 1, 2000
    Chair Vekich reported that the Executive Committee met on November 1, 2000. At the meeting, Chancellor Anderson presented an e-learning proposal. Chair Vekich read the following comments for the record.

    � E-Learning Proposal

    The Executive Committee took emergency action on November 1, 2000, directing the Chancellor not to enter into a proposed Memorandum of Understanding (MOU) concerning his e-learning proposal until further discussion took place at the Board of Trustees and with others.

    The Educational Policy Committee received a presentation yesterday from Chancellor Anderson concerning his e-learning proposal. Chancellor Anderson indicated he would not sign a MOU before the Board meets again in December and gives further consideration to the proposal.

    In view of the Chancellor's agreement, it will not be necessary for the Board to take formal action to ratify the Executive Committee's emergency action on November 1. It is understood that the Chancellor may proceed with pursuing a market analysis and technology survey, and other preparatory actions.

    c. Other

    1. Sub-Committee on Trustees
      � Consent Agenda
      Trustee Boss reported that the Sub-Committee on Trustees met and reviewed a policy on the development and use of the Consent Agenda. The committee recommended that the Board of Trustees suspend the two-reading requirement and approve the amendment to Board Policy 1.A.2, Part 6.

      Trustee Boss moved to suspend the rules to allow consideration of an action item not on the Board meeting agenda. Trustee Erickson seconded and the motion carried without dissent.

      Trustee Boss moved to suspend the two-reading requirement in Policy 1.A.1. Part 6, Subpart B. for the purposes of the following motion. Trustee Splonskowski seconded and the motion carried without dissent.


      Trustee Boss moved that the Board of Trustees amends Board Policy 1.A.2, Part 6, Subpart C by adding:
      3. Consent Agenda. The board chair may designate appropriate items to be included on a consent agenda for consideration by the full board. Items suitable for a consent agenda include those that have been considered by a committee, are noncontroversial in nature and do not require further discussion or explanation. Consent agenda items also may include items not requiring committee action, such as honors or commendations issued by the board. Changes to policy, matters requiring public hearing and items requiring a roll call vote shall not be included on a consent agenda. An item listed on a consent agenda shall be removed from the consent agenda upon request by any trustee. Consent agendas shall not be used by board committees.
      Trustee Erickson seconded and the motion carried without dissent.

    2. Update on Search Advisory Committee for Chancellor
      Chair Vekich announced that Executive Director Reynen would provide an overview of the search process and timetable for the selection of a new chancellor. The two issues for discussion are: 1) the timetable, and 2) a motion.

      Executive Director Reynen reported that the Board of Trustees approved the Search Advisory Committee for Chancellor at the March 22, 2000, Board of Trustees meeting. The sixteen-member advisory committee was appointed after the Board of Trustees sought nominations from various stakeholder groups and organizations, such as the Minnesota Senate, House of Representatives, the Minnesota Chamber of Commerce, etc. The chair of the committee is Vance Opperman. There are three faculty representatives, two presidents, two students, one representative from the Governor's office, one from the Senate, one from the House, one from the community at large, one representative from the MnSCU staff, one representative from the MnSCU labor unions, and two trustees. The committee has been meeting since June.

      In May, 2000, A. T. Kearney Inc., was named as the search-consulting firm. Dr. Jan Greenwood is the lead consultant. In June, the search committee met for the first time to receive its charge from the Board of Trustees, and to receive instructions from legal counsel as to confidentiality, and the responsibility of each search member. The committee also discussed the MnSCU system and its future while reviewing a draft of the chancellor position description. The committee met again in August to discuss the types of applications received to date, how to read the applications, and agreed that all of the applications would be kept at MnSCU. Board staff developed a process for the search committee members to read the applications on-site.

      The search advisory committee met again in September to screen the applicant pool for the purpose of selecting candidates for interviews. In October, the search advisory committee held two days of airport interviews. At the conclusion of the interviews, the search advisory committee asked the consultant to perform extensive reference checks on selected candidates. At the end of November, the consultant will return and provide the committee with the results of the reference checks. At the same meeting, the committee will select the slate of finalists to advance to the Board of Trustees.

      Chair Vekich reported that Trustees Choate and Luoma are members of the search advisory committee. Chair Vekich continued that he has observed the process as an ex-officio member of the committee, and that it has been extremely professional and fair, and that the pool of candidates is outstanding.

      There was a request to reconsider the time line, and to review the legalities with legal counsel of site visits. Chair Vekich deferred the discussion of site visits until after the Board discussion of the process.

      Executive Director Reynen explained that the suggested process was developed in consultation with Dr. Jan Greenwood of A. T. Kearney, and the Search Committee. The tentative schedule was set at the beginning of the Search Advisory Committee meetings. On November 30, the Search Committee will meet to name finalists. At this point, the finalists' names become public information and on December 1, the finalists' names will be released to the media. On December 4, the Board members will interview the candidates in small groups of three to five Trustees at a time. In lieu of campus "fly arounds" which can be hampered by weather conditions in Minnesota in early December, the candidates will make a live presentation via the use of MnSAT to all of our campuses. The interactive broadcasts will provide an opportunity for each candidate to answer questions sent in from the campuses. If the Board agrees with this process, then Vance Opperman, chair of the search committee, has offered to moderate the interactive sessions.

      On December 5, the full Board of Trustees will interview the candidates from 8:00 a.m. to noon, take a break for lunch and then return to select the chancellor. After the selection of the chancellor is made public, MnSCU could hold a news conference. On December 6, there is a regularly scheduled Executive Committee meeting. All of the interviews and meetings to select the Chancellor are open to the public.

      There was a discussion about whether there was a need for site visits, and at what point during the process they could be scheduled. Some Trustees expressed that the most important job they will do is to hire a chancellor and that site visits will complement the reference checks.

      Replying to a question about whether there were any legal implications to consider in making site visits, Counsel Olson reported that open meeting issues were a consideration. If a committee were formed to visit each campus, that committee would be subject to the open meeting law, which is anomalous because the board can't convene a meeting outside of the board's legal jurisdiction, which is the state of Minnesota. Undoubtedly, the press would accompany a committee on site visits and those meetings would be open to the public. On the other hand, if the task were delegated to an individual that would be a different matter.

      Responding to a question, Executive Director Reynen explained that the consultant performs extensive reference checks by telephone but does not make on site visits because the individuals' names are not public. She continued that less than one percent of all searches of this nature includes site visits, due to the harmful effects on the individual campuses or system offices. Some site visits are made in the individuals' homes in order to not disrupt activity on the campus or in the system office. Individuals from the campus were asked to come to the candidates' homes for the site interviews. The questions and process would have to be identical for each candidate's site visit.

      Executive Director Reynen explained that all of the reference information would be available for the Trustees. With respect to the time line, she continued that the Search Advisory Committee might ask for more information at their meeting on November 30. The time line could be pushed back if that happens.

      Speaking in favor of site visits, Trustee Dotson commented that he supports the idea of hiring someone by looking around and checking things out in that particular individual's environment. Trustee Erickson explained that he wrestled with the issue of site visits but ultimately he has concerns about legal issues. Chair Vekich reported that earlier he was a strong proponent of site visits but has since changed his opinion and is cautioning his colleagues from going forward with site visits. The search process has been moving along very well. The candidates have been outstanding, and the consulting firm will provide detailed summaries of detailed reference checks. If the Board proceeds with site visits some of the candidates may withdraw from the search.

      Responding to a question about the potential for legal issues in site visits, Counsel Olson explained that there were a couple of challenges including how to maintain consistency in the interview process, from one campus to a system office, for example. Counsel Olson continued that the employment practice that has developed over the last ten or fifteen years is to try to maintain consistency in the interviewing process so that it is clearer that candidates have been treated fairly and objectively so that there is less opportunity to claim discrimination in the process. Another issue is how to construct the site visits so that there are no problems with the open meeting law because once the names become public, then there will be greater scrutiny.

      Following the discussion, Chair Vekich called for a show of hands of those in favor of a site visit. Four Trustees (Antell, Dotson, Hoffman, and Luoma) favored site visits. Seven Trustees (Boss, Calhoun, Dusek, Erickson, Moran, Splonskowski, and Vekich) did not favor site visits. Trustees Choate and Swanson did not raise their hands.

      Based on the outcome of the show of hands, Chair Vekich announced that the Board would not conduct site visits.

      Trustee Dotson explained that when the Board meets on December 5 they have several options: 1) select one of the three to five candidates, 2) select someone that was not on the list, and 3) that the Board could say they do not favor any of the candidates. Chair Vekich reported that the 1st and 3rd option are viable, but that the second option is not. Counsel Olson explained that it has been her understanding that the Board did empower the search committee to identify the finalists for this position. This is a critical term under the data practices act. Chair Vekich commented that if the Board chooses not to select one of the candidates brought forward by the search committee, then it would be a failed search.

      Chair Vekich explained that upon the selection of a chancellor, the Board would have to engage in negotiations for compensation, etc. In the past, the Board has delegated that authority to members of the Board.

      Trustee Boss moved that the Board of Trustees suspend the rules to allow consideration of an action item not on the Board meeting agenda. Trustee Splonskowski seconded and the motion carried without dissent.

      Trustee Boss moved that the Board of Trustees delegates authority to the Chair of the Board, in consultation with the Vice Chair, Treasurer of the Board and the Chair of the Personnel Policy Committee, to negotiate salary and other contract terms with the new chancellor. The terms negotiated are subject to approval by the Board. Trustee Dusek seconded and the motion carried without dissent.


    3. Other
      President Litecky, Century Community College, announced that Century College has been approved for ten-year North Central Association accreditation.

      Chair Vekich highlighted noteworthy events on several Minnesota State Colleges and Universities campuses. The dormitory residents at Bemidji State University transformed the resident hall complex into a "haunted house" and helped thousands of area youngsters enjoy safe evening of fun. The admission price was an item for the local food shelf. Lake Superior College and Fond du Lac Tribal and Community College were honored with a Minnesota Tekne Award and shared in the "Partnership Award" presented to Soft Center Duluth. Soft Center Duluth has already been credited with creating more than 300 jobs. The students in the Robots and Automated Systems Technology program at Central Lakes College are assembling a $150,000 welding robot for a Minneapolis manufacturer, Production Robots, Inc.

      Inver Hills Community College is expanding its successful Cisco Certified Network Associate program. National Public Radio's "Weekend Edition Sunday" show will interview Professor Sheila Coghill and Thom Tammaro from Minnesota State University Moorhead on December 10 in honor of Emily Dickinson's 170th birthday. The two professors have produced a collection of 80 poems by well-known authors who were inspired by Dickinson's life and work. The anthology, Visiting Emily, will be released by the University of Iowa Press.

      The paramedic students at Century College have an ambulance in the classroom to help them train. The $60,000 ambulance was partially donated by the manufacturer, Road Rescue, and Century College and the state of Minnesota also paid a share of its costs. One hundred percent of Century College's paramedic students passed the Paramedic National Registry Exam the last time it was given.

  3. Trustee Reports
    Trustee Antell reported that he attended the Minnesota Indian Education Conference in early November. He has also met with Linda Baer, Senior Vice Chancellor for Academic and Student Affairs, to discuss agenda items for the Futures Sub-Committee. Trustee Splonskowski reported that she and Trustees Antell, Moran and Swanson attended the annual meeting of the Association of Community College Trustees in Washington D.C. in October. Trustee Calhoun reported that the Minnesota State University Student Association hosted its annual fall conference and Penny Fellowship dinner on November 4 and 5. He and Trustees Antell, Moran, Swanson and Executive Director Reynen served on a panel discussion of MnSCU issues.

  4. Chancellor's Report: Morris J. Anderson.
    Chancellor Anderson reported that 16 MnSCU institutions have been awarded nearly $7 million in the latest round of job skills partnerships by the Department of Trade and Economic Development. He also provided an update from the Working Group on Minnesota's Economy, a twenty-one member group that was convened by the University of Minnesota. The group is focusing on three areas: enhancing the research and innovation capacity linked to key industry clusters, improving entrepreneurial conditions in the state, and addressing Minnesota's workforce needs. Chancellor Anderson also announced that the system office is about to start the Baldrige express process.

  5. Executive Director/Board Secretary's Report, Penny Harris Reynen
    Executive Director Reynen made several announcements. The Trustees were provided with guidelines for the administration of expense reimbursements as provided for in the Commissioner's Plan. She also requested that Trustees inform the Board office if they are planning on attending any winter commencements. The Board of Regents would be extending a dinner invitation to the Board of Trustees within the next few months. Trustee Splonskowski has been nominated to serve on the Public Policy Committee of Association of Community College Trustees.

  6. Joint Council of Student Associations
    The following representatives of student associations addressed the Board of Trustees: Brent Glass, executive director, Minnesota State College Student Association, Michael Redlinger, state chair, and Frank Viggiano, executive director, Minnesota State University Student Association (MSUSA).

  7. MnSCU Bargaining Units
    There were no reports from the bargaining units.

  8. Consent Agenda
    a. Normandale Community College Science Building Addition Schematic Design (Second Reading)
    b. North Hennepin Community College General Education Building Schematic Design
    (Second Reading)
    c. Winona State University Emergency Generator Project
    d. St. Cloud Technical College Property Acquisition
    e. Mission Review: Pine Technical College f. Program Approval: Bachelor of Applied Science in Aviation Maintenance Management, St. Cloud State University
    g. Program Approval: Diploma, Therapeutic Massage Therapist and Certificate, Massage Therapist, Minnesota State College - Southeast Technical, Red Wing and Winona
    h. Program Approval: Certificate, Network Cabling Specialist, Riverland Community College, Albert Lea
    i. Office of the Legislative Auditor Financial Audits of Pine Technical College and Rainy River Community College
    j. Appointment to Academic Rank


    Trustee Erickson moved approval of the Consent Agenda. Trustee Calhoun seconded and the Consent Agenda was approved without dissent.

  9. Board Standing Committee Reports

    a. Finance/Facilities Policy Committee
    Facilities:
    1. Capital Projects Quarterly Status Report
      Committee Vice Chair Moran reported that the committee reviewed the capital projects quarterly status report.

    2. Leasing Activity Report
      Committee Vice Chair Moran reported that the committee reviewed the leasing activity report.

      Finance:
      Committee Chair Erickson announced that the public hearings on the 2002-2007 Capital Budget, originally scheduled for December 3 and 12, have been canceled because of the chancellor search activity. The hearings will be rescheduled sometime in January.

      Chair Erickson commented that the presidents had been asked for their comments on the Allocation Model. President Tom Horak, Normandale Community College and chair of the President's Council, President Kathy Nelson, Lake Superior College and vice chair of the President's Council, President Bob Musgrove, Pine Technical College, and President Jim Bensen, Bemidji State University addressed the Board. President Horak reported there is a consensus among the presidents to support the implementation of the allocation model. They support the underlying assumptions and basic values that have guided the development of the model but want to continue in the future to refine and define the underlying assumptions. They believe the model is a work in progress and they are committed to its success. The presidents have been given multiple opportunities to shape the model and are dedicated to continuous quality improvement for the model in the future, particularly in understanding, analyzing and improving the core drivers of the model: instructional banding, peer group data and the enrollment impact on the model. The best approach to implementing the model is to seek from the Legislature $495 million dollars for the base that would be allocated to MnSCU colleges and universities according to the new model. The presidents would then seek $15 million to create a stabilization fund which would be new money and which would be used to hold harmless any of the institutions that would be negatively effected as the new model is implemented. The presidents would also seek $150 million from the legislature to cover inflationary costs, and the remaining request would be for new incentives. President Horak commented that all of the presidents are in support of this action.

    3. FY 2002-2003 Biennial Budget Request (Second Reading)
      Committee Chair Erickson reported that the Board has taken under advisement the comments from the Presidents' Council, concerns about the financial aid component of the budget expressed by the Minnesota State College Student Association and the Minnesota State University Student Association, and Chancellor Anderson's resolve to work out acceptable financial aid language with the students.

      Vice Chancellor King reported that as a result of the work by the Presidents' Council, staff has modified one of the line items in Attachment A. A new Attachment A was distributed that includes the stabilization fund requested by the presidents as a budget request item. The stabilization fund is $15 million, which represents the cost of holding harmless all of the colleges and universities when the allocation model is fully implemented. The amount of the total request is unchanged at $255.6 million.

      Committee Chair Erickson moved that the Board of Trustees approve the revised budget request as outlined in the new attachment A, and that there will be language changes in the financial aid section, and other minor reference changes that will be presented at the December Board of Trustees meeting. Trustee Splonskowski seconded and the motion carried without dissent.

    4.  
    5. Contract Noncredit Instruction Financial Restructuring
      Committee Chair Erickson reported that due to time constraints the committee did not review the Contract Noncredit Instruction Financial Restructuring.

    6. FY 2002 - 2003 Systemwide Allocation and FY 2002 Operating Budget Including Tuition and Fees (First Reading)
      Chair Erickson reported that the committee reviewed the Long Range Tuition Strategy and will continue the discussion at the November Board meeting.

    7.  
    8. FY 2002 Allocation Framework-Implementation (First Reading)
      Committee Chair Erickson noted that the committee reviewed the FY2002 Allocation Framework-Implementation as a first reading. This will be an action item at the December Board meeting.

      Committee Chair Erickson announced that there would be a special meeting of the Finance/Facilities Policy Committee on Monday, December 18 to continue to review the Allocation Model.

    9. Annual Contracts Report
      Committee Chair Erickson reported that due to time constraints the committee did not review the Annual Contracts Report.

    b. Educational Policy Committee

    1. Academic and Student Affairs Update
      Committee Chair Luoma reported that the committee received an update on academic and student affairs from Senior Vice Chancellor Baer.

    2. Center for Teaching and Learning Faculty Orientation
      Committee Chair Luoma reported that committee received a report on the Center for Teaching and Learning Faculty Orientation.

    3. Minnesota Campus Compact
      Committee Chair Luoma reported that the committee received a report on the Minnesota Campus Compact.

    4. Program Suspensions: Anoka-Hennepin Technical College
      Committee Chair Luoma reported that committee heard an update on program suspensions at Anoka-Hennepin Technical College.

    5. Rural Integration of Technology in Education (RITE) Project - A MnSCU PT3 Grant Teacher Education Collaborative
      Committee Chair Luoma reported that the committee received a report on the Rural Integration of Technology in Education (RITE) Project.

    6. Review of Educational Policy Issues in the Office of the Legislative Auditor Report on the MnSCU Merger
      Committee Chair Luoma explained that due to time constraints, the committee postponed the review of Educational Policy issues in the Office of the Legislative Auditor Report on the MnSCU Merger.

    7. e Learning
      Committee Chair Luoma reported that Chancellor Anderson presented an update on the e learning initiative.

    8. MnSCU Policy on Program Suspension
      Committee Chair Luoma reported that the committee is considering the creation of a MnSCU Policy on program suspensions.

    c. Audit Committee

    1. Financial Reporting Update
      Committee Chair Choate reported that the committee heard a progress report on MnSCU's financial reporting plans.

    d. Personnel Policy Committee

    1. Repeal of Policy VI.02.06, Filling of Position by Claiming, Promotion, or Transfer (First Reading)
      Committee Vice Chair Hoffman reported that the committee reviewed as a first reading the repeal of Policy VI.02.06, Filling of Position by Claiming, Promotion, or Transfer. This will be an action item at the December Board meeting.

    2. Domestic Partner Report
      Committee Vice Chair Hoffman reported that the committee heard a report on domestic partner benefits

    3. Re-Employment of Early Retirees
      Committee Vice Chair Hoffman reported that the committee received a request from Dennis Nielsen, interim president, Southwest State University to re-employ an early retiree. Russ Stanton, government relations, Inter Faculty Organization supported the request, which was approved by the committee and forward to the Board.

      Committee Vice Chair Hoffman moved that the Board of Trustees suspend the rules to allow consideration of an action item not on the Board meeting agenda. Trustee Boss seconded and the motion carried without dissent.

      Committee Vice Chair Hoffman moved to suspend the two-reading requirement in Policy 1.A.1. Part 6, Subpart B.2, for purposes of the following motion. Trustee Boss seconded and the motion carried without dissent.

      Committee Vice Chair Hoffman moved for an exception to Board Policy 4.6, Re-Employment of Early Retirees, to allow Southwest State University to hire as a fixed term faculty member to teach mathematics in Spring Semester 2001, a former faculty member who retired in 1993 and received a special legislative retirement benefit. Trustee Dusek seconded and the motion carried without dissent.


  10. Requests by Individuals to Address the Board
    There were no requests by individuals to address the Board.

  11. Other Business
    Chair Vekich announced that the December Board meeting would be on one-day only, Tuesday, December 19.

  12. Adjournment
    Chair Vekich adjourned the meeting by consensus at 2:10 p.m.

Recorded by Penny Harris Reynen

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