MMINUTES OF THE MEETING OF THE REGENTS OF THE UNIVERSITY OF NEW MEXICO

February 14, 2007
9:00 a.m. – 11:30 a.m., 1:00 p.m. – 3:00 p.m., Student Union Ballroom C
Regent Luncheon 11:30 am – 1:00 p.m., Acoma Room

Note: Due to inclement weather, the meeting began late at 9:20 a.m. The audio equipment arrived late and most of the meeting was not taped, therefore a transcription of the meeting was not documented, as per the usual procedure, instead, the Minutes have been documented using attendee’s notes, presenter’s handouts, and a partial tape recording.

ATTENDANCE:

Regents present:

James H. Koch, President
Jack Fortner, Vice President
Sandra Begay-Campbell, Secretary-Treasurer
John “Mel” Eaves
Don Chalmers

Guest:

Rosalyn Nguyen

Regents unable to attend:

Raymond Sanchez
Carolyn Abeita (incoming Regent)

Acting President present:

David Harris

Vice Presidents present:

Paul Roth, Executive Vice President, Health Sciences Center
Reed Dasenbrock, Provost and Executive Vice President of Academic Affairs
Michael Kingan, Interim Vice President of Advancement
" Eliseo “Cheo” Torres, Vice president of Student Affairs

Vice Presidents unable to attend:

Carolyn Thompson, Interim Vice President of Human Resources

University Counsel present:

Patrick Apodaca, University Counsel
Scot Sauder, Interim Senior Associate University Counsel

Regents’ Advisors present:

Virginia Shipman, Faculty Senate
David Groth, President, Staff Counsel
Joseph Garcia, President, GPSA
Roberto Ortega, President, UNM Alumni Association

Others in attendance:

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

Regent Koch presided over the meeting and called the meeting to order at 9:20 am.

CONFORMATION OF QUORUM and APOTTION OF AGENDA, Regent Koch

Motion approved unanimously to adopt today’s agenda (1 st , 2 nd ).

APPROVAL OF SUMMARIZED MINUTES OF DECEMBER 12, 2006 UNM BOARD OF REGENTS MEETING

Motion approved unanimously to approve the Summarized Minutes of the January 9, 2007 UNM Board of Regents meeting and the Special Meetings January 22, 2007 and January 24, 2007 (1 st , 2 nd ).

PRESENTATION OF NAMBE LOBO HEADS TO SANDRA BEGAY-CAMPBELL AND ROSALYN NGUYEN, Regent Koch

• Regent Koch presented a Lobo Head to Regent Nguyen and made congratulatory remarks. Regent Nguyen addressed the Board Members and the audience and expressed her thanks to everyone and her gratitude for the opportunity to serve on the Board.
• Regent Koch presented Regent Begay-Campbell with a Lobo Head and made congratulatory remarks. Regent Begay-Campbell addressed the Board and the Audience. Regent Begay-Campbell spoke about her past at UNM and her time at the University. She expressed her gratitude for the opportunity to serve on the Board and spoke about what she views as the future challenges for the University.
• Regent Koch announced the appointment of Regent Begay-Campbell to the STC Board and his intention to appoint her to the Clinical Operations Board when a vacancy becomes available. He stated that Regent Begay-Campbell will attend the special meeting on Saturday.
• Regent Eaves made remarks thanking Regent Begay-Campbell and Regent Nguyen for their time on the Board.

ADMINISTRATIVE REPORT, David Harris, Acting President

• UNM Organizational Chart.

REPORT ON CUSTOMER SERVICE, Breda Bova, Senior Advisor to the President

• ?

COMMENTS FROM REGENTS ADVISORS

Virginia Shipman, Faculty Senate

• ?

David Groth, President, Staff Council

• ?

Joseph Garcia, President, GPSA

• Resolution concerning Graduate and Professional Student Housing

This Resolution by the Council of the Graduate and Professional Student Association concerning Graduate and Professional Student Housing at the University of New Mexico is adopted by the Council on February 3, 2007.

Whereas the graduate and professional student population, based on the 2005-2006 UNM Fact book, makes up 23% of the university student population (5,922 students) and,

Whereas based on the housing research conducted by Brailsford and Dunlavey, Facility Planners contracted by the University of New Mexico that,

• Sixty percent of students surveyed at UNM, including both graduate/professional and undergraduate, would prefer to live on the main campus,
• Seventy-one percent of students surveyed live more than ten miles away from campus for a variety of reasons, including but not exclusively due to socioeconomics, culture, and a lack of housing suitable for students on the main campus,

Whereas there is a higher than average demand for housing by graduate/professional students surveyed for housing,

Whereas graduate and professional students combined are instrumental in bringing an enormous amount of research dollars to the tune of $165,535,927,

Whereas based on this information it behooves the UNM Regents and Administrators to begin to first update the University master plan and include in this plan locations designed for appropriate housing that will provide creative and practical designs for the purpose of both building community and ensuring the affordability, safety, security, recruitment and retention of students and faculty, thus increasing student and employee performance.

IT IS RESOLVED by this Council that the University of New Mexico should actively pursue the planning, design and construction of suitable, ADA compliant, graduate and professional student housing in conjunction with input from graduate and professional students.

IT IS RESOLVED that such housing be affordable and be in accordance with the “Clean Energy” resolution also supported by the GPSA that calls for the efficient and sustainable use of resources at UNM.

IT IS RESOLVED that the University of New Mexico Board of Regents, Administrators, Faculty, Staff and Students take part in the location and design of such housing facilities in support of this GPSA Housing Resolution.

IT IS RESOLVED by this Council that the following institutional bodies and individuals received copies of this resolution:

• Board of Regents
• Acting President Harris
• Provost Dasenbrock

The Resolution is signed by Melanie Armstrong, GPSA Council Chair and Joseph Garcia, GPSA President.

Brittany Jaeger, President, ASUNM

• Brittany Jaeger was not in attendance, however, Brittany did submit a memo to the Board of Regents regarding Lighting Johnson Lobby Initiative.
• Lighting Johnson Filed Lobby Initiative – the benefits of lighting Johnson Field would be: increasing individual recreation for UNM students, faculty and staff; providing additional safety to the UNM community who walk through the area at night on a regular basis; resolving the student initiative established by ASUNM President; allowing programs to be added or expanded to serve more students; and providing students an added attraction to living on campus.
• By illuminating Johnson Field, UNM will maximize its limited amount of recreational space while acknowledging and adjusting to the needs of UNM students. The students have collectively expressed this is a true need of theirs. The students’ desire can be implemented without negatively affecting the other users of Johnson Filed.

Roberto Ortega, President, UNM Alumni Association

• ?

Robert Bovinette, Chair, UNM Foundation

• Robert Bovinette was not in attendance
• Regent Koch discussed a letter from the Foundation chair regarding his role as a regent advisor. Regent Koch recommended removing the Foundation chair as a regent advisor. Mike Kingan and Regent Chalmers spoke about the upcoming Foundation elections and the desire of the new board chair to participate fully as an advisor. Regent Eaves echoes Regent Chalmers comments.

COMMENTS FROM REGENTS

Discussion of Board of Regents Committees & Calendar 2007, Regent Koch

• Regent Koch proposed changes to the Board of Regents Committee Membership and Calendar. Committee membership will include incoming Regents Carolyn Abeita and Student Regent Dahlia Dorman.
• The UNM administration has noted that the Board of Regents Committee schedule was not working as effectively as anticipated. The following changes are being recommended for review and approval by the Regents: Academic/Student Affairs and Research Committee will meet the 2 nd Monday of every month @ 1:30 p.m., Finance and Facilities Committee will meet the 1 st Thursday of every month @ 9:30 a.m., Health Sciences Committee will meet the 1 st Friday of every month following the COB meeting, and the Advancement, Development and Audit Committees remain as scheduled.

CONSENT AGENDA:

FINANCE & FACILITIES COMMITTEE, Regent Eaves

• Meeting Summary from December 21, 2006
• Disposition of Surplus Property on List Dated December 31, 2006
• Approval of Anderson School of Management Student Managed Portfolio
• Contract Approval:
• Goodman’s Interior Structure (small business operating in NM)
• Goodman’s Interior Structure (small business operating in NM) Chairs for Pavilion
• Hill Room Inc.
• Approval of Timberon Lots (2) Disposition
• Approval of:
• The Robert Wood Johnson Foundation Center for Health Policy
• The Robert Wood Foundation Naming of Health Policy Center

Motion approved unanimously to approve the actions of the Finance & Facilities Committee as indicated in the Consent Agenda (1 st 2 nd ).

REGENT COMMITTEE REPORTS

ACADEMIC/STUDENT AFFAIRS & RESEARCH COMMITTEE

• No report.

FINANCE AND FACILITIES COMMITTEE, John “Mel” Eaves, Chair

• Dr. Roth presented a Memorandum to the Board of Regents regarding the approval of the Bylaws and the Appointment of Board of Directors for the UNM Medical Group, Inc.

CONSENT RESOLUTIONS OF THE REGENTS OF THE UNIVERSITY OF NEW MEXICO APPROVING BYLAWS OF UNM MEDICAL GROUP, INC. AND ELECTING ITS BOARD OF DIRECTORS

WHEREAS, the Regents of the University of New Mexico (the “ Regents” or the “ University”) previously authorized formation of UNM Medical Group, Inc. as a New Mexico Nonprofit and University Research Park Act corporation (“ UNMMG”), and caused its Articles of Incorporation to be filed with the New Mexico Public Regulation Commission;

WHEREAS, the Regents are the sole member of UNMMG;

WHEREAS, pursuant to N.M. STAT. ANN. § 6-5A-1 and Regent Policy 7.17, the Regents must review and approve the Bylaws of UNMMG (the “ Bylaws”) as a University-affiliated organizations;

WHEREAS, the Regents, having reviewed the nominees for the Board of Directors of UNMMG, find by a majority vote of the Regents that such nominees should be elected.

NOW, THEREFORE, BE IT:

RESOLVED, the Bylaws, in the form of Attachment A to these Resolutions be, and they hereby are, approved in all respects; and be it further

RESOLVED, that the total number of Directors of UNMMG, including both voting and non-voting Directors, shall be twenty six (26); and be it further

RESOLVED, that the following individuals be, and they hereby are, elected as Directors of UNMMG, effective immediately, to serve in such capacity for the initial term indicated below, and until their successors are appointed and qualified:

Voting Directors:

Class A directors (Initial Term Expiring in FY2008)

Sr. Assoc. Dean of Clinical Affairs – Robert Katz, M.D.

Pope Moseley, M.D. – Internal Medicine

David Sklar, M.D. – Emergency Medicine

Loretta Cordova de Ortega, M.D. – Pediatrics

Arthur Kaufman, M.D. – Family & Community Medicine

Samual Keith, M.D. – Psychiatry

Class B Directors (Initial Term Expiring in FY2009)

Dean, UNM School of Medicine – Paul B. Roth, M.D.

Independent, non-UNM Faculty Member – General Landgraf

John Russell, M.D. – Surgery

Michael Williamson, M.D. – Radiology

R. Steven Padilla, M.D. – Neurosurgery

Brian Hjelle, M.D. – Pathology

Class C Directors (Initial Term Expiring in FY2010)

UNM Regent – John “Mel” Eaves

Independent, non-UNM Faculty Member – Douglas Brown

John Wills – Anesthesiology

Robert Schenck, M.D. – Orthopedics

Director, CRTC – Cheryl Willman, M.D.

Gary Rosenberg, M.D. – Neurology

William Rayburn, M.D. – Obstetrics & Gynecology

Non-Voting Directors:

CEO, UNM Hospitals – Stephen McKernan

Executive Dean, UNM School of Medicine – Mary Lipscomb, M.D.

Executive Medical Director of Inpatient Operations – David Pitcher, M.D.

Executive Medical Director of Ambulatory Care Operations – Carolyn Voss, M.D.

Executive Medical Director of Quality/Safety – David Gonzales, M.D.;

And be it further

RESOLVED, the Regents understand and acknowledge that effective in April 2007, that Pope Mosely, M.D., Chair of the Department of Internal Medicine, will be leaving the University on a sabbatical for a six-month period, and intends to designate Sanjeev Arora, M.D. as Acting Chair of the Department of Internal Medicine and, therefore, effective on the date when Dr. Moseley leaves the University on his sabbatical leave, Sanjeev Arora, M.D., shall be deemed elected as a Class A Director of UNMMG in the place and stead of Dr. Moseley, and shall serve until the expiration of Dr. Moseley’s term as Class A Director expires or until a successor is appointed and qualified; provided, however, that if Dr. Moseley returns from his sabbatical leave prior to the expiration of his term as a Class A Director then, in that event, Dr. Arora will be deemed to have resigned as a Director, and Dr. Mosely elected, once again, as a Class A Director to serve until the expiration of the term or until a successor is appointed and qualified.

PASSES, APPROVED, AND ADOPTED BY VOTE OF THE BOARD OF REGENTS ON FEBRUARY 14, 2007.

Motion approved unanimously to approve the Bylaws for UNM Medical Group, Inc and Appointment of Board of Directors (1 st 2 nd ).

• Dr. Roth made an Announcement that the UNM Health Sciences Center (HSC) is committed to building healthy communities; a smoke-free workplace setting is a progressive step in that direction. The UNM HSC is committed to wellness and prevention, as well as treatment. Therefore, we seek to create a healthier environment for all who come here by removing the presence of smoking. For nearly 20 years, smoking has been banned inside all HSC buildings. Effective April 14, 2007, this ban will extend to all property, indoor and outdoor, that is owned or operated by UNM Hospitals and the UNM Cancer Research & Treatment Center (clinical operations only). The remainder of the HSC will implement an updated smoke-free policy in a second phase, and the Health Sciences Center will be completely smoke-free by the summer of 2007. The UNM Board of Regents has endorsed this initiative, thereby enabling the HSC to join the growing ranks of hospitals and health systems in our community and across the nation that have taken this important step to promote the health of the individuals they serve and teach.
• Since 1997, UNM’s indoor facilities have been subject to a smoke-free policy and the UNM Hospitals have operated under a similar policy for a longer period, since 1988. These policies are being expanded to apply to the HSC’s outside environment as well. The updated policies do not allow smoking any time you are present on HSC owned or operated property. Patients, visitors, contractors, sub-contractors, and vendors will also be subject to this HSC policy.
• We want to support your cooperation with this endeavor by providing you with resources for smoking cessation and support while you are on HSC premises. We are in the process of developing an HSC website that you will be able to visit for information and available resources.
• The adverse health effects of cigarette smoke, both firsthand and secondhand, are well documented. Here are a few facts about smoking from Surgeon General reports and the New Mexico Department of Health: smoking is the most preventable cause for death and disease, more than 2,080 New Mexicans die annually from smoking, an estimated 42,000 New Mexicans suffer with at least one serious illness from smoking, smoking harms nearly every organ of the body – causing many diseases and reducing the health of smokers in general, secondhand smoke causes heart disease and lung cancer, and the Surgeon General has concluded that smoke-free workplace policies are the only effective way to eliminate secondhand smoke exposure in the workplace.
• I would appreciate your support as we continue our commitment to building healthy communities. An HSC Smoke-Free Environment Committee is working on planning and implementing this initiative and will make more information available to you in the coming weeks and months.

Motion approved unanimously to approve the HSC Smoke-Free Environment Policy (1 st 2 nd ).

• STC.UNM submitted for approval the election of Dr. John A. Pieper to its Board of Directors for a four-year term, beginning upon approval by the Regents and ending June 30, 2011. Dr. Pieper’s candidacy was approved at the January 26, 2007 STC Board Meeting, subject to the Regents’ approval.

Motion approved unanimously to approve the STC Board of Directors Appointments (1 st 2 nd ).

• Roger Lujan recommended to the Board of Regents Finance and Facilities Committee the approval of Capital Project UNM Taos/Klauer Campus – Career Technical Center –Phase I and UNM Taos/Klauer Campus – Infrastructure – Phase I.
• UNM-Taos will partner with the Department of Labor, Taos Chamber of Commerce, the Taos County Economic Development Corporation, Taos Business Alliance and other municipalities in the area on a business development center that will include space for local businesses to meet with students who may be potential employees, meeting with businesses that are requesting UNM-Taos partner with them in training their staff, and creating an economic development database and archive for the region.
• Currently computer classrooms operate in rented space. Permanent space is needed. The current classrooms are small, cramped, and will only accommodate 13 students. The ideal would be to have 16 students per classroom. The LAN management and computer support team are also in rented space, need a permanent space, and need to be near the computer classrooms.
• The Phase I project builds out 3900 sq. ft. of computer classrooms, a business development center, a distance education conference room, four offices, and a technical work area for the LAN administration and computer support. When complete, the entire project will be about 8000 sq. ft. The Project is scheduled for a March 2008 completion.
• The Project Budget is $1,250,000 funded by a $750,000 FY2004 State of N.M. General Fund appropriation; a $100,000 FY2006 State of N.M. General Fund appropriation; and $400,000 from FY2006 State of N.M. GOB proceeds.

Motion approved unanimously to approve UNM-Taos Career Technical Center – Phase I (1 st 2 nd ).

Motion approved unanimously to approve UNM-Taos Infrastructure – Phase I (1 st 2 nd ).

• Bill Britton submitted the Fiscal Watch Report. The Report contains a comparison of the approved annual operating and plant fund budgets with the current year-to-date information, a comparison of the most current year to prior year information, a Balance Sheet, and a Statement of Cash Flows

Motion approved unanimously to approve Fiscal Watch Report as of December 21, 2006 (1 st 2 nd ).

Information Items:

• Mid Year Budget Review – This report includes a six-month financial report, with preliminary discussion of year-end budget status, a six-month status report on the use of the main campus I&G contingency fund, and a mid-year look at adjustments to budgets at the Health Sciences Center.
• UNMH Financial Projections – Fiscal Year 2008, Payment of Pavilion Mortgage Documents
• UNM West Progress Update, “Next Steps” and Preliminary Programming & Space Requirements – Funding for higher education facilities in New Mexico tends to occur with relatively small, incremental measures over a succession of years, typically in specific capital outlay appropriations from the state legislature that are introduced and approved annually. To embark on a new campus, the Board of Regents will have to consider possible alternatives that include major start-up costs for basic infrastructure – to be secured to construction of facilities on the new campus site. Toward that end, the charrette team envisions various “town-grown” partnerships with the City of Rio Rancho. Legislation has been introduced this session 9Rep. Swisstack) that would allow the City to conduct a referendum of city residents that, if passed, dedicates a small increment of collected gross-receipts tax specifically for UNM West construction. This measure would provide a predictable funding stream in years to come, and of a sufficient amount (conservatively estimated at $2.5 million per year (that could support a fairly sizable bond issue for initial campus infrastructure. Ten measures were presented to the Regents for their consideration as the necessary “next steps” for the UNM West campus development.

ADVANCEMENT COMMITTEE, Don Chalmers, Chair

• We discussed preliminary plans for developing a marketing and communications strategy with the end result of coming up with branding for the University. We had some guidance from a firm. We held a focus group in the fall.
• We will have an RFP for other firms to bid on guiding us through a marketing and communications strategy.
• We discussed ways to engage the community and business stake holders more in the activities of the University.
• We reported the announcement of the Robert Wood Johnson Foundation gift to the University and establishing a national center for health policy.

DEVELOPMENT COMMITTEE, Don Chalmers, Chair

• There was a revenue report. It shows gifts and pledges of nearly $33million dollars.
• We are well on our way of hitting our goal of $61 million dollars for the year.
• Work continues on our campaign preparation. We are continuing to try and identify and meet major donors. We will coordinate the kick-off of the campaign with the hiring of the new president.
• We will ensure there is a plan to introduce the new president of the University to the community and to our stake holders.
• As of today, our fund raising status is $36 million dollars in gifts and pledges – that’s 59.3% of our goal. If we add into that the $10.5 million additional (we have already received $8 million) from Robert Wood Johnson, that brings us up to 76.5% of our goal.
• If the Legislature and the Governor pass the funding to match endowed funds, we have several million dollars committed from donors who are ready to make those gifts if the legislation passes.

HSC – HEALTH SCIENCES, Jack Fortner, Chair

Motion approved unanimously to approve the Permanent Appointments and Reappointments for Medical Staff, 2/2/07 (1 st 2 nd ).

Information Items:

• UNMH Dashboard Report
• UNMH CEO Report

PUBLIC COMMENT

• Sebastian Pais – I think the public comment time should be at the beginning of the meeting. Students cannot be speculating about the time that this is going to happen and they miss class or work.
• The smoking-free institution across campus. Regent Koch said the only thing they are discussing now is the smoke-free at the hospital. We have not even begun to discuss smoke-free on campus. If that’s what you are going to talk about, I don’t want to hear it at this time. If you want to comment in regards to the hospital only, please go ahead.
• My comment will be related to it. Basically, I see all these actions, it might be effective, however, I think the time should be put into addressing the issues that drive people into smoking and drinking and all this. I smoke sometimes, I used to smoke much more before, and I know many students standing by the hospital or any place at the University, and many of them have said they are going to keep smoking because they fell their individual liberties have been threatened. What we have to do is address the issues whey they smoke and help them and future smokers avoid smoking. The money and time should be put into addressing this issue.
• This is a letter a group of students wrote about the issue of the time we got to meet with the candidates. Regent Koch addressed this issue. The last presidential search we had reached about 20 students. This time we averaged nine. Secondly, the amount of time the presidential candidate spent with the students was an hour. But, the faculty and staff had well over 100 people at each one of their meetings. The students were given 30 minutes, the candidates stayed for an hour; we had nine students there yesterday, twelve on Friday. In the future, I would hope, as you would hope, that we would have as big a turnout as we possibly can. We had to move very quickly, we had 21 days, we published it the best we could; we did all the publishing we possible could to get as many people as we could. It was in the Journal, the Tribune, the Lobo and the website.
• You don’t encourage people to participate in the democratic process by restricting their time and space. If you want more people to participate in national elections, you encourage them by giving equal time to every sector of society. Students pay tuition, we pay taxes and we want the same respect you give to the other groups. I really enjoyed the meetings with the candidates. I had a lot of questions and they were answered. In public forums, all students should be are encouraged by knowing they are equal to any body else.
• Regent Koch commented that Sebastian is totally correct. He hopes Sebastian goes to his student senate and student leaders and he hopes that student leadership is addressing these things before we get into the presidential search. But, at the same time, I hold responsibility of the student leadership to help get the people to come. We had the doors open, there were students standing outside, we tried to get them to come in, they didn’t want to come in, that’s OK. Your remarks are excellent. I would hope you would go to the student senate and discuss with them that hopefully in the future, when they are selecting a president, I would agree with you. You know what all the candidates told us? Did you know what they thought was the best of all of this? It was visiting with the students. I was there every time. You know who had the best questions? The students. The students asked some very excellent questions. I was very impressed with the students. We told candidates they could stay as long as they wanted, as long as there were questions. I appreciate you coming. I hope you are not finished with your remarks and you go to the student senate and tell them we need a better participation. We can’t do anything without your leadership of the students. We appreciate your remarks. It is up to the students and the student leadership to have the appropriate people push the students to come to these meetings. We all want them there.
• I commit personally to bring more students. I hope you commit to give us equal treatment.
• Regent Koch said he was disappointed there were only nine students there yesterday. What was not disappointing was that each of the candidates said the thing that was the best was the questions asked by the students. They all loved the input from the students. We thank you for taking the time to come done here.
• When the advisors speak, if someone from the audience has a comment, Regent Koch will recognize them.

Motion approved unanimously to approve going into Executive Session at 11:30 a.m. (1 st 2 nd ).

EXECUTIVE SESSION:

• Discussion and determination, where appropriate, of limited personnel matters pursuant to Section 10-15-1 H (2), NMSA (1978).
• Discussion and determination, where appropriate, of matters subject to attorney-client privilege pertaining to threatened or pending litigation pursuant to Section 10-15-1 H (7) NMSA (1978).
• Discussion and determination where appropriate of personally identifiable information about an individual student, pursuant to Section 10-15-1 H (4) NMSA (1978) and FERPA.
• Vote to re-open the meeting.
• Certification that only those matters described in Agenda Item XI were discussed in Executive Session and if necessary, ratification of actions, if any, taken in Executive Session.

ADJOURNMENT