Board of Regents' Meeting Minutes

MINUTES OF THE MEETING OF
THE REGENTS OF THE UNIVERSITY OF NEW MEXICO

April 13, 2004

The Regents of the University of New Mexico met on Tuesday, April 13, 2004, in the Student Union Building Ballroom. A copy of the public notice is on file in the Office of the President.

Regents present:

James H. Koch, President
Jack L. Fortner, Vice President
María Griego-Raby, Secretary/Treasurer
Sandra Begay-Campbell
Douglas Brown
Andrea L. Cook
John M. “Mel” Eaves

President and Vice Presidents present:

Louis Caldera, President
Brian Foster, Provost/Vice President for Academic Affairs
Phil Eaton, Vice President, Health Sciences Center
Eliseo Torres, Vice President for Student Affairs

Regents' Advisors present:

Beverly Burris, President, Faculty Senate
Alan Morgan, President, Staff Council
Aaron Kugler, President, GPSA
Jennifer Onuska, President, ASUNM
Steve Bacchus, President, Alumni Association
Robert Goodman, Chair, UNM Foundation

Others in attendance:

Members of the administration, faculty, staff, students, the media, and others

Regent James Koch presided and called the meeting to order at 1:04 p.m.

ADOPTION OF AGENDA

Regent Eaves moved to adopt the agenda. Regent Cook seconded the motion. Regent Sandra Begay-Campbell requested item IX, Public Input, be moved to the beginning of the agenda. Discussion followed. Voice vote was taken. Regent Cook: Yes; Regent Fortner: Yes; Regent Koch: Yes; Regent Griego-Raby: No; Regent Eaves: Yes; Regent Begay-Campbell: No. The motion carried by at 5 – 2 vote.

RECOGNITION OF UNM'S NCAA 2004 CHAMPION SKI TEAM AND COACH GEORGE BROOKS

Congratulations to the University of New Mexico Ski Team, along with Head Coach George Brooks for winning the 2004 NCAA Skiing Championship. Each member of the ski team was recognized for their outstanding performance in athletics and academics.

APPROVAL OF SUMMARIZED MINUTES OF THE MARCH 8, 2004 MEETING OF THE BOARD OF REGENTS

Regent Eaves moved for approval of the summarized minutes of the March 8, 2004 meeting of the Board of Regents. Regent Brown seconded. The motion carried by a vote of 7-0.

ADMINISTRATIVE REPORT

President Louis Caldera thanked everyone for participating in the Budget Summit. President Caldera discussed the challenges UNM faces in the near future: Information Technology, facility maintenance, compensation, recruiting and retaining faculty, and enrollment growth. Regent Eaves and Regent Griego-Raby were thanked for attending the Association of Governing Boards for College Presidents and Trustees Annual Meeting. Regent Brown, Regent Fortner, Regent Eaves, Regent Griego-Raby, and Regent Koch joined President Caldera in Washington, D.C. to visit our congressional delegation, alumni, and various federal agencies. He also thanked the Alumni Association for their participation in the visit. President Caldera extended welcome to David Harris who will officially begin May 2, 2004 as Executive Vice President (EVP) for Administration, and congratulation to Dr. Brian Foster who has been designated as Provost and EVP for Academics.

On April 1 st an incident occurred at an outdoor performance of a Native American musical group with an individual disrupting the performance by attempting to unplug musical equipment and making remarks with racial and ethnic overtones. Campus Police began an immediate investigation following the incident. President Caldera explained that there are many aspects to such an investigation including potential violation of campus policy against speech that is harassing and the possibility of violations of law. The process of identifying the individual and sorting out the issues began immediately. There was a concern by some persons in the University community that the administration had not responded promptly to this event and as a result of this. As a result, Dean Peter White and Provost Foster have organized a public discussion including our Native American faculty on April 14 th at 3:00 at Dane Smith Hall, Room 123. This meeting will allow our campus to have a dialogue about what is appropriate speech, about the importance of respect for others and sensitivity to the diversity that exists in our community.

Comments: Regent Begay-Campbell stated, “Racist comments and or actions are intolerable at UNM and will not be tolerated. I am personally aggravated and distressed over the racist comments which occurred at a Native American event on April 1. I trust that the administration, through the UNM Police, are fully investigating this intolerable event”. She requested that irrelevant comments with regard to women not be allowed to continue at Regent meetings.

COMMENTS FROM REGENTS' ADVISORS

Beverly Burris, PhD, President, Faculty Senate

Dr. Beverly Burris, President, Faculty Senate, expressed her thanks to President Caldera for initiating the Budget Summit process; to the Regents for being committed to a compensation increase of greater than 2%; to ASUNM and GPSA for taking a difficult stand and recommending substantial tuition increases; to Faculty Senate for the endorsement of a realistic 5% increase; and to staff, students, deans, alumni, and others who participated in the summit. The faculty review of Deans is proceeding. Dr. Burris thanked Dr. Ed DeSantis who chaired the committee and worked to resolve the technical difficulties and refine the survey instrument. Next week is the 3 rd meeting to address the proposed Review Week, after which the Operations Committee will consult with ASUNM about policy revisions and moving towards implementation. Dr. Beverly Burris is ending her two-year term as Faculty Senate President. Dr. Ed DeSantis will assume the Presidency on July 1 st .

Alan Morgan, President, Staff Council

Alan Morgan, President, Staff Council, thanked the President and staff for the Budget Summit, delegates Loyola Chastain who acted as spokesperson for Staff Council; students for bringing forward new ideas; and Aaron Kugler and GPSA for their commitment to faculty and staff compensation increases.

Aaron Kugler, President, GPSA

Aaron Kugler, President, GPSA, thanked President Caldera for implementing the first Budget Summit and Dr. Goering for his work in the preparation for the process. Welcome to David Harris as the Executive Vice President for Administration. Farewell to departing Vice Presidents Julie Weaks Gutierrez who will retire in July and Judy Jones who is transferring to a position in the Health Sciences Center. GPSA elections were held Saturday, April 3 rd resulting in Heather Gabel, Anderson Schools of Management, as New Council Chair. Election for President will be held April 12 – 15, the candidates are Buckner Creel, Physics and Astronomy and Vicente Vargas, UNM School of Law.

Jennifer Onuska, President, ASUNM

Jennifer Onuska, President, ASUNM, congratulated GPSA on Heather Gabel's election as Council Chair-Elect. Spring Storm is Saturday, April 17 th , 900 faculty, staff, and students are signed up for the one-day community service event. Fiestas is Saturday, May 1 st,. various bands will play from early afternoon until 7:00 p.m. Student organizations are welcome to setup booths. The ASUNM election is Wednesday, April 14 th : Jennifer Onuska's term ends May 14 th . Thank you to President Caldera for calling the first UNM Budget Summit. ASUNM commends the process and was pleased that student priorities were relevant in the proposed budget. Thank you to President Caldera and the Regents for their attendance at the Tuition Forum held Thursday, April 8 th . Ms. Onuska also said thank you and farewell to Vice President Jones and Vice President Weaks Gutierrez.

Stephen Bacchus, President, UNM Alumni Association

Steve Bacchus, President, Alumni Association, remarked they were pleased to co-host the Washington, D.C. trip with President Caldera. Over 300 alumni attended the reception. On Saturday, April 3 rd the Alumni Association's Past Presidents met for dinner with 27 past presidents were in attendance. Thursday, April 15 th is the Student Recognition Reception at 7:00 p.m., co-hosted with the Dean of Students Office. Dr. Joel Jones will be the guest speaker. The Star Scholarship Program, which recognizes the top 10% of New Mexico's high school junior class, held their first reception in Farmington, Tuesday, March 16 th , receptions have also been held in Clovis, Roswell, Silver City, and Las Cruces. Thank you to Regent Fortner and President Caldera for their support and speaking at the receptions. Four remaining receptions will be held in Las Vegas, Santa Fe, and Albuquerque. The Student Letterman's Easter Egg Hunt was held on Saturday, April 10 th . The Alumni Association expressed appreciation for being included in the Budget Summit.

Robert Goodman, Chair, UNM Foundation

Robert Goodman, Chair, UNM Foundation, was pleased with the Foundation's participation in the Budget Summit. Mr. Goodman also bid farewell to Vice President Jones and Vice President Julie Weaks Gutierrez.

COMMENTS FROM REGENTS

Regent Cook commended Jennifer Onuska and Aaron Kugler for their participation in the Budget Summit along with the Regents and Administration for taking student leaders seriously. Regent Fortner commended the Star Scholarship Program and Jennifer Onuska on an excellent job. Regent Fortner commented on a racial incident that occurred a few years ago, which resulted in a campus organization losing its charter. Regent Fortner expressed support for the University taking serious and strong action against this type of behavior such as the one that recently occurred at the Red Rocks Concert Series. Regent Koch complimented Regent Cook, the students, and President Caldera on the Budget Summit.

Commission on Higher Education Report

Professor Burris, Commission on Higher Education (CHE) District 2 Representative, reported that the CHE met in Roswell on Thursday, April 8 th . The Executive Director, Leticia Chambers, reported on the Comprehensive Study of Financial Aid in New Mexico. Kathy Bearden reported to the CHE on the Governor's Task Force on Higher Education. Charges to the Task Force include: evaluating the overall state of higher education in New Mexico; how to increase college readiness of high school graduates, increase college graduation rates, improve the governance structure of higher education in the state, access to higher education financial aid, increasing accountability and efficiency of the higher education system, avoiding duplication of effort, and creating strategies for promoting work force development. The final report is due to Governor Richardson December 1 st .

ACADEMIC/STUDENT AFFAIRS REGENTS' COMMITTEE

Regent Cook, Chair, Academic/Student Affairs committee presented information and background on the committee's recommended action item as follows:

Revisions to the Research Misconduct Policy

Prof. Chuck Fledderman, Chair of the Faculty Senate Research Policy Committee, reported on the three major changes to the original policy (passed by the Regents in 2002): 1) Issues related to who would appoint the committees that carry out the inquiries; 2) Allowance for those being investigated to have access to a hearing; 3) Protection of due process. A copy of the revised policy is attached as Exhibit 1. Regent Begay-Campbell moved to approve the revisions. Regent Griego-Raby seconded. The motion carried by a vote of 7 – 0.

Information Items

Information was provided to the committee concerning faculty hires, leaves, retirements, and sabbaticals from 8/03 through 4/04. They also heard a report from Peter White, Dean of University College and Ricardo Maestas, Associate Vice President of Student Affairs on their areas combined support processes for student success.

FINANCE AND FACILITIES REGENTS' COMMITTEE

Regent Mel Eaves, Chair, Finance & Facilities Committee, presented information and background on the committee's recommended action items as follows.

Surplus Property Disposition List Dates 3/24/04

Regent Eaves moved that the Board approve the Surplus Property Disposition list dated March 24, 2004. Regent Eaves expressed concern about the Earth Data Analysis Center Laser being disposed. When donated the laser was overvalued at $300,000 and now shows a book value of $150,000. They will receive further information concerning this item. Regent Brown seconded. The motion carried by a vote of 7 – 0.

2004-05 Budget Considerations, Including Recommended Actions for Changes in Tuition and Fees and Employee Compensation

President Caldera gave a brief summary of the proposed tuition and fee increases and how they would affect compensation issues for faculty and staff. The FY 2004-05 recommendations for tuition and fee increases include a 12.8% increase for undergraduate, resident students; 4.6% increase for undergraduate, nonresident students; 15% increase for resident Medical School students; $15.00 of the total tuition and fee increase be allocated for an increase in the Student Union Fee; and $38.00 of the total tuition and fee increase be allocated for a Technology Fee. After all changes to tuition and fees are approved, the Budget Office will issue guidelines to campus operating units to begin the process of constructing the detailed budget proposal. The Budget Office, by state statute, will then send the proposed operating budget to the Commission on Higher Education for its consideration and approval.

At this time several students came forward to make public comments concerning the proposed increases. They expressed support for compensation increases but asked that consideration be given to phasing in tuition increases. Regent Begay-Campbell encouraged students to participate in student governance and be active in decision making. Regent Eaves moved to approve the proposed increases. He commented that the Regents understand the pressures of higher tuition on students and encouraged everyone to work with their state representatives for continued and greater support from the state. Regent Brown seconded. The motion carried by a vote of 7 – 0.

Capital Project Approval for Interior Renovation of Castetter Hall Teaching Lab

Regent Eaves moved to approve the Capital project for interior renovation of Castetter Hall for a new undergraduate teaching laboratory in Microbiology. The cost is $490,000, with $400,000 coming from building renewal and replacement funds and $90,000 from indirect cost and reimbursement in the Department of Biology. This is part of a larger project and the remainder will cost about $788,000 for a total cost of $1,278,000. Bids will go out for contract April 15th at 4:00 p.m. Regent Fortner seconded. The motion carried by a vote of 6 – 0. Regent Brown was out of the room.

Contracts for Approval: Custodial Management Services

The Evaluation Committee reviewed proposals for custodial management services and offered the contract to Sodexho Campus Services, formerly Marriott Services, the contract. This firm has provided service to UNM for several years and has an excellent relationship with the University. Bruce Cherrin reported that the annual budget is $676,000, about 60% is for supplies and equipment, the remainder for salaries. Regent Eaves moved to approve Sodexho Campus Services for custodial management services. Regent Begay-Campbell seconded. The motion carried by a vote of 5 – 0. Regent Brown and Regent Griego-Raby were out of the room.

Information Items

Information was provided on Concord Software Upgrade, Meta Confocal Multi-spectral microscope, and Hill – Rom Beds. No action required.

HEALTH SCIENCES COMMITTEE

Regent Jack Fortner, Chair, Health Sciences committee, reported that a closed meeting was held on the HSC Strategic Action Plan for 2004. Regent Fortner discussed the House Bill proposing reduction to the state healthcare system consisting of $45,000,000 - $53,000,000 in Medicaid reimbursements. This will affect the School of Medicine and UNMH. He also recognized the UNM School of Medicine being named second in the nation for rural medicine, tenth for family medicine, and twelfth in primary care in the latest US News and World Report.

PUBLIC INPUT

Yvonne Chicoine, President of Associated Builders Contractors (ABC), expressed concern that ABC addressed a letter to Regents March 22 nd asking Regents to reconsider their vote to proceed with the Project Labor Agreement (PLA). She questioned why this item was not on the agenda. Regent Eaves stated that no request was received to put the PLA onto the agenda. Regent Begay-Campbell asked Ms. Chicoine directly if she wanted the PLA put on the next agenda as the letter was not specific. Ms. Chicoine said yes, ABC officially requests the decision to be reconsidered at the next meeting.

Many others from the building and construction trade came forward for public comment:

Dan Gear, of Gear and Condon Construction, remarked that the issue is a matter of fairness. He expressed opposition to the PLA.

Linda Zemke, of Gardner Zemke Company, a pre-qualified contractor on this job, and a strong supporter of UNM, commented strongly against the PLA.

Lee Maxwell, director of a merit shop electrical contract group, commented that the number of merit shop apprentices stands at 650 according to State Apprenticeship Council. There are enough apprentices to do the job. He is against the PLA.

Steve Reinhart, General Manager of New Mexico Metal Systems, has pulled his support for Lobo Club and will transfer ABC scholarship money to New Mexico State University and/or New Mexico Tech due the Regents decision. He is opposed to the PLA.

Bob Pelletier, President of Pelletier Construction, and President-elect of American Subcontractors Association, disagrees with the Regents decision.

Rob Heineman, who owns a contracting business in Los Alamos, asked the Regents to inform Governor Richardson that the people do not want a PLA.

Paul Briggs, BRICON Corporation, a member of IEC, stated his company would have to become construction managers in order to bid on the West Wing construction project. He is opposed to the PLA.

Dean Dennis, President of EKD Electric, an approved contractor for the West Wing Project. His company believes the pre-qualification process is very thorough, it assesses the ability of a firm, its leadership, as well as its workforce. He commented that the PLA limits his company's ability since their workforce would be derived from the union hiring hall procedures. He is opposed to the PLA.

Johnny Suarez, Executive Secretary-Treasurer of the Carpenters of New Mexico, presented slides from CURT, the Construction Users Round Table and the Business Round Table. These slides were used to show that the union sector has always excelled at craft training through joint labor management training programs.

Stan Bessey, National Electric, asks that Regents to reconsider their decision.

Jerry Romero, Business Manager for the Iron Workers in New Mexico, addressed the referral process that would be in place during the PLA. He supports the PLA.

Regent Griego-Raby and Regent Koch thanked everyone for attending the meeting.

EXECUTIVE SESSION

Regent Fortner moved to go into Executive Session. Regent Griego-Raby seconded. The motion carried by a vote of 7 – 0. The executive session was limited to matters specified in the motion and previous meeting notice (threatened or pending litigation and UNMH strategic planning).

ADJOURNMENT

Regent Fortner moved to adjourn. Regent Eaves seconded. Voice vote was taken and Board members unanimously approved.

ADJOURNMENT	APPROVED:

ATTEST:	_________________________________________ President
_____________________________________ Secretary/Treasurer