Board of Regents

Board of Regents Meeting Minutes - June 1992

               MINUTES OF THE REGULAR MEETING

 

                                    of the

 

            BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM

 

                              Madison, Wisconsin

 

                        Held in Room 1820 Van Hise Hall

                             Friday, June 5, 1992

                                   9:00 a.m.

 

                      -Vice President Nicholas presiding-

 

 

 

 

 

 

 

PRESENT:  Regents Barry, Davis, Dreyfus, Flores, Gelatt, Grebe, Grover,

          Gundersen, Hempel, Hirsch, Krutsch, Lubar, Nicholas and Steil

 

ABSENT:   Regents Budzinski, Lyon and Schilling

 

 

 

 

 

    Welcome to New Regents

 

    Regent Nicholas welcomed Regent Kathleen Hempel, of Green Bay, whose

appointment to the Board recently had been confirmed by the State Senate.

Regent Hempel is Vice Chair and Chief Financial Officer of the Fort Howard

Corporation, of Green Bay.

 

    It was noted by Regent Nicholas that the appointment of John Budzinski, of

Whitefish Bay, also was recently confirmed by the State Senate.  Regent

Budzinski is Business Manager of Steamfitters Local Union 601, of Milwaukee.

 

 

                                     - - -

 

 

 

    Approval of the Minutes

 

    Upon motion by Regent Davis, seconded by Regent Hirsch the minutes of the

meeting of the Board of Regents held on May 8, 1992, were approved as

distributed.

 

 

 

REPORT OF THE VICE PRESIDENT OF THE BOARD

 

    Election of Vice President Pro Tempore

 

    Upon a motion by Regent Flores, seconded by Regent Steil, Regent Lubar was

elected by unanimous consent to serve as Vice President Pro Tempore for this

meeting.

 

                                       -

 

    Report of the Vice Chair of the Council of Trustees of the UW Hospital and

    Clinics

 

    Reporting on the previous day's meeting, Regent Gundersen, Vice Chair of

the Council of Trustees, noted that, for the first ten months of the fiscal

year, revenues exceeded expenses by $9.8 million, a significant decrease from

last year's $19.6 million for the same ten-month period.  Superintendent

Derzon attributed this sharp decline primarily to shortfalls in reimbursements

from Medicare and Medicaid.  The hospital has been faced with a combination of

increasing volume and patient acuity and declining payments for hospital

charges, a condition which is projected to worsen in the coming years.

 

    Presenting a progress report to the Council on the proposals for hospital

restructuring, Vice Chancellor Noren noted that the six work groups appointed

by Chancellor Shalala are expected to complete their report in early summer.

The groups' individual reports will then be merged into a comprehensive

report, which will be presented to the schools of Medicine, Nursing and

Pharmacy, as well as to the Faculty Senate and Academic Staff Assembly.  In

September, the Council and Board of Regents will review the report prior to

action by the Regents in October.  If approved, the proposal will be forwarded

to the Legislature.  The intention is to brief the Council and Regents fully

prior to introduction of the proposal in September.

 

    Superintendent Derzon presented to the Council the budget request for the

1992-93 fiscal year, which calls for a rate increase of 6.5 percent.  This

will be less than recent rate increases at many other hospitals throughout

Wisconsin, and the per diem rate will be low compared to peer teaching

hospitals across the country.  Because deductions from revenue are expected to

increase, control of expenditures will be a primary focus this year.  Mr.

Derzon noted that the challenge of continuing to provide a broad range of

services in an era of shrinking reimbursement will become even more acute in

the coming year.

 

    Following discussion of the budget and rate increase proposal, the Council

adopted a resolution approving the 1992-93 budget, subject to the June 30

public hearing which is required by recently enacted legislation.  The budget

proposal will be considered by the Board of Regents at the July meeting.

 

    The Council accepted a document presented by Dr. Noren outlining projected

UW Hospital lease renewals and anticipated new leases for the next 18 months.

The list was requested by the Department of Administration prior to approval

of any lease proposals related to the hospital.  The list is a planning

document only and will not preclude or substitute for the normal review

process for leases.

 

    The Council received a status report on the Sports Medicine and Spine

Clinic facility which was previously approved by the Board and is now in

design phase.  Associate Superintendent Les Brower noted that the Zimmerman

Design Group has been selected as the project architect.  Following design

approval and blueprint drafting, construction is projected to begin in late

winter or early spring of 1993, with completion anticipated by the summer of

1994.  The facility will be built on a five-acre site in University Research

Park with a land use agreement to be made between the Research Park and the

university. 

 

    In other actions, the Council approved revisions to the medical staff

bylaws and approved medical staff appointments.  The Council also approved the

hospital quality assurance review, which showed that all of the issues raised

by the Joint Commission for Hospital Accreditation during its last visit have

been successfully addressed.

 

                                       -

 

    Report on Legislative Matters

 

    Vice President Nicholas noted that a written report had been provided to

the Regents.

 

 

                                     - - -

 

 

REPORT OF THE PRESIDENT OF THE SYSTEM

 

    Approval of Nonpersonnel Actions

 

    Presenting Resolution 6125, President Lyall noted that the list included

academic support services agreements with law firms for individuals to provide

course lecturing services at the Law School.

 

    Upon motion by Regent Davis, seconded by Regent Krutsch, Resolution 6125

was adopted, with Regent Steil abstaining from the vote.

 

    Resolution 6125:  That the report of nonpersonnel actions by

                      administrative officers to the Board of Regents and

                      informational items reported for the record (copy on

                      file with the papers of this meeting) be received for

                      the record; and that actions included in the report be

                      approved, ratified and confirmed.

 

                                       -

 

    1992 Commencement Ceremonies

 

    President Lyall reported that in the past month UW institutions have

conducted 21 commencements, 13 honors ceremonies and have graduated 15,500

students.  Noting that commencements mark an important contribution that the

university makes to the future of the state and the nation, she said the 1992

graduates are well prepared, enthusiastic and eager to make their mark in the

world.  Because they are graduating into a job market that is tighter than it

has been for several years, they wonder whether they will be able to succeed

and enjoy a higher standard of living than their parents' generation did.

They are more socially aware than their recent predecessors and more concerned

with what is happening in the environment and the world.

 

    Graduates she had spoken with mentioned repeatedly how much the special

attention of a particular faculty member or advisor meant to them during their

college career.  It was clear to her that UW graduates found their studies

challenging and rewarding.  According to a recent study by the American

Council on Education, the difference in average lifetime earnings between a

high school graduate and a college graduate in the United States is about

$400,000.  This percentage gain is greater for women college graduates than

for men, with women's average salaries increasing from $17,000 to $29,000 with

a college degree, while average salaries for men increase from $25,800 to

$41,000.  The greater percentage gain in expected incomes for women, President

Lyall pointed out, may account for the steady rise in the proportion of UW

students who are women--now over 55 percent of the student body.  However, the

average annual income of women with a college degree still is only roughly

equal to the income of men who do not have a degree. 

 

    Stating pride in the new UW alumni and the universities from which they

graduated, President Lyall commented that Wisconsin and the world will be a

better place because of them in the years to come.

 

                                       -

 

    UW System Research Grants and Contracts

 

    It was noted by President Lyall that competition for support of research

in the United States has become increasingly intense, with federal funding for

certain kinds of research and facilities having been cut significantly and the

cost of research, especially in the sciences, having grown very rapidly.

 

    In this highly competitive environment, the volume of grants and contracts

secured by the UW System continues to grow.  As of May 1992, the number of

grants and contracts in the UW System was 15 percent above the previous year,

and the total of $465 million is an increase of about $61 million over last

year.  Research activity supported by these funds, she pointed out, adds more

than 4,000 jobs and $100 million of personal income to the State of Wisconsin

and more than $5 million in state income tax returns.  This funding supports

the work of both established and promising young scholars who will provide the

basic knowledge for breakthroughs in medicine, technology, economics and many

other fields that will determine the society and world of the future.

 

    While in the past year support for research grew 15 percent, she noted,

support for the instructional mission of the UW System grew .5 percent.

 

                                       -

 

    Announcement of Retirement, UW-La Crosse Vice Chancellor

 

    President Lyall announced that Carl Wimberly, Vice Chancellor of

UW-La Crosse, has retired after thirty-nine years of service as a faculty

member, department chair, dean, vice chancellor and acting chancellor. 

Stating appreciation for his distinguished service, she remarked that Dr.

Wimberly's academic values, his caring philosophy and his deep commitment to

teaching, research and teacher education, have benefited thousands of

students, both at UW-La Crosse and in the public schools.

 

                                      -

 

    Presentation: Summer Minority Student Research Apprentice Program,

    UW-Madison

 

    President Lyall introduced Dr. Robert Brown, Assistant Dean of Minority

Affairs, UW-Madison Medical School, who said that there is no question as to

the importance of pre-college programs to the Medical School.  With such

programs as the Summer Pre-Med Program, the National Institute of Health

Summer Minority High School Student Research Apprentice Program, the College

Access Program, and the Summer Engineering Program, the Medical School's

chances of informing minority students about medical education has been made

easier.

 

    The Medical School also has an excellent working relationship with UW-

Milwaukee's Med-Prep Program, which is designed to prepare minority and

disadvantaged students for medical education.  The Medical School has hosted

tours and demonstrations for the Med-Prep students on course work,

volunteering ideas and letters of recommendation toward entering Medical

School.  There is no question, he said, that the relationship begun about four

years ago with the staff and students of Med-Prep will continue to flourish

over the next few years.

 

    Other organizations the Medical School works with on a regular basis are:

Centro Hispanics of Madison; Oneida Tribal School; Marquette Middle School,

Madison; United Community School of Madison; Third World Pre-Health Society of

Marquette University; and the School of Allied Health Professions of UW-

Milwaukee.  Because of the continued trust and support of these organizations

and others, the Medical School is experiencing an increase in interest from

bright minority men and women looking to medicine as a career and wishing to

do their professional work at the Medical School.

 

    The increase in interest of minorities to medicine in Wisconsin, Dr. Brown

concluded, could not have happened without the support of minority and

majority faculty, students and staff of the University of Wisconsin Medical

School.

 

 

    Regent Gundersen asked about class size and Dr. Brown stated that there

are 143 students per class.

 

    Responding to questions by Regent Dreyfus, Dr. Brown said it is

increasingly difficult to attract qualified minority medical students in

Wisconsin in light of more lucrative incentives being offered by other states.

With regard to the level of science and mathematics knowledge of freshmen

students, he said there has been an attempt to work with students over the

years, and their progress is watched and encouraged.

 

 

    Regent Dreyfus further asked if it would be possible to target students

for the program as early as their sophomore year in high school, and Dr. Brown

said it would be easy and is being done to some extent.  Chancellor Shalala

added that UW-Madison conducts its own upward bound program beginning with the

freshman year in high school.  Of the thirteen students from this year's

class, seven will be attending UW-Madison.  The problem with attracting these

qualified students is that other states are in positions to offer a more

complete financial aid package than Wisconsin.

 

    In answer to a question by Regent Grebe about how the Program works with

the Minority Information Center, Dr. Brown said that they work and cooperate

with all groups, whether they are minority or non-minority organizations.

 

    President Lyall thanked Assistant Dean Brown for the presentation and

encouraged its continued efforts.

 

 

                                     - - -

 

 

REPORT OF THE SPECIAL REGENT COMMITTEE

 

 

    Recipients of the Joyce Erdman Teaching Excellence Awards

 

    Regent Krutsch, Chair, presented the report of the Special Regent

Committee, composed of Regent Krutsch, Regent Flores, and Regent Emeritus

Clusen, which was appointed by Regent President Lyon for the purpose of

selecting the first recipients of the 1992 Regents Teaching Excellence Awards.

On May 22, 1992, the Special Regent Committee met to select two recipients of

this year's awards from among the nominees.

 

    The 1992 awards are named in honor of former Regent President Joyce

Erdman, who was instrumental in initiating the awards program as part of the

UW System's continuing commitment to teaching excellence.  Nominations for the

awards were made by UW institutions on the basis of career achievement in

teaching, commitment to teaching and learning, use of highly effective

teaching strategies, and impact on students' intellectual development.

 

    Regent Krutsch announced that the winners of the 1992 Joyce Erdman

Teaching Excellence Awards are UW-Eau Claire Professor Maxwell Schoenfeld and

UW-Whitewater Professor Robert Burrows.  Professor Schoenfeld has been a

member of the history faculty at UW-Eau Claire since 1964.  Professor Burrows

has been a member of the UW-Whitewater English faculty since 1965.  Both

recipients, Regent Krutsch stated, have established and sustained impressive

records of excellent teaching throughout their careers.  Their ability to

inspire in students a love of learning and to have a lasting impact on their

lives through the knowledge, skills and values they have imparted are marks of

truly great teachers.  The two recipients each will receive a $5,000 award.

They will be invited to attend the September 1992 Board of Regents meeting and

will be honored at that time.

 

 

    Commending the other nominees for this prestigious award, Regent Krutsch

noted that all were chosen by their institutions on the basis of outstanding

teaching throughout their careers and that inclusion in this distinguished

group of excellent teachers is a high honor.

 

    The nominees were:  Dr. William Floyd, UW-La Crosse; Dr. Cyrena Pondrom,

UW-Madison; Dr. Ethel Sloane, UW-Milwaukee; Dr. Edward Tabor Linenthal, UW-

Oshkosh; Dr. Oliver Hayward, UW-Parkside; Dr. Walter Iselin, UW-Platteville;

Dr. DeAn Krey, UW-River Falls; Dr. Thomas McCaig, UW-Stevens Point;

Dr. Charles T. Krueger, UW-Stout; Dr. Darol Kaufman, UW-Superior; and Dr.

Robert Bermant, UW-Centers.

 

 

                                     - - -

 

 

REPORT OF THE EDUCATION COMMITTEE

 

    Regent Grover, Chair of the Committee, presented the report.

 

    Consent Agenda Items

 

    Presenting Resolutions 6126-6134, which were unanimously approved by the

Committee, Regent Grover moved their adoption as consent agenda items by the

Board of Regents.  The motion was seconded by Regent Flores.

 

    At the request of Regent Gundersen, Resolution 6134 was removed from the

consent agenda.

 

    Put to the vote, Resolutions 6126-6133 were adopted unanimously by the

Board of Regents.

 

    Joint Review: Ph.D., Child and Family Studies, UW-Madison

 

    Resolution 6126:  That, upon recommendation of the Chancellor of the

                      University of Wisconsin-Madison and the President of the

                      University of Wisconsin System, the Ph.D. in Child and

                      Family Studies be continued with the understanding that

                      the program will be included within UW-Madison's normal

                      academic evaluation cycle.

 

    1992-93 Tenure Designations and New Tenured Appointments

   

    Resolution 6127:  That, upon recommendation of the respective Chancellors

                      and the President of the University of Wisconsin System,

                      the 1992-93 tenure designations and new tenured

                      appointments, reported in the attached materials by

                      institutions, be approved.

 

 

    Emeritus Designations/Distinguished Service Designations 1991-92

 

    Resolution 6128:  That, for their many years of dedicated service to

                      public higher education in the state of Wisconsin, the

                      Board of Regents expresses its deep appreciation to the

                      members of the faculty and staff who have been granted

                      emeritus status and distinguished service designations

                      by the chancellors; further, the Board of Regents

                      extends to each of them its best wishes for many

                      productive years ahead.

 

    Report on Criteria Used and Distribution by Institution of Special

    Supplemental Salary Increases and Support Costs for Selected Academic

    Staff and Faculty

 

    Resolution 6129:  That, upon recommendation of the President of the

                      University of Wisconsin System, the Board of Regents

                      accepts the proposed specific criteria used in

                      developing the institutional plans for the distribution

                      of special supplemental salary increases and support

                      costs, and that the Board accepts the amounts and types

                      of support to be provided to UW institutions as shown in

                      Table I of this report.

 

    Approval of Amendments to Faculty Personnel Policies and Procedures,

    UW-Madison

 

    Resolution 6130:  That, upon recommendation of the Chancellor of the

                      University of Wisconsin-Madison and the President of the

                      University of Wisconsin System, the revisions to ss.

                      7.10(C), through 7.10(E) and 7.14(B) through 7.15(H),

                      Faculty Policies and Procedures, University of

                      Wisconsin-Madison, be approved.

 

    Approval of Amendments to Faculty Personnel Policies and Procedures,

    UW-Whitewater

 

    Resolution 6131:  That, upon recommendation of the Chancellor of the

                      University of Wisconsin-Whitewater and the President of

                      the University of Wisconsin System, the revisions to

                      Chapter VIII, Faculty Personnel Rules, University of

                      Wisconsin-Whitewater, be approved.

 

    Authorization to Recruit Chancellor, UW-Platteville

 

    Resolution 6132:  That, upon recommendation of the President of the

                      University of Wisconsin System, the Board of Regents

                      approves the Request for Authorization to Recruit for a

                      Chancellor of the University of Wisconsin-Platteville.

 

 

    Authorization to Recruit Dean, UW Center-Fox Valley

 

    Resolution 6133:  That, upon recommendation of the Chancellor of the

                      University of Wisconsin Centers and the President of the

                      University of Wisconsin System, the Chancellor be

                      authorized to recruit for a Dean of the University of

                      Wisconsin Center-Fox Valley.

 

                                      ---

 

    Outstanding Teaching Awards 1992-93

 

    With respect to Resolution 6134, Regent Gundersen voiced the concern of a

number of faculty about the methodology by which outstanding teachers are

identified.  With assurance that this matter will be reviewed, he was prepared

to support the resolution.

 

    President Lyall responded that such a review will be undertaken.  The

difficulty this year was that the .25 percent set aside early in the budget

process to recognize teaching excellence was so small an amount, considering

the subsequently adopted one percent pay plan, that the exercise became more

divisive than helpful to faculty.

 

    Upon motion by Regent Gundersen, seconded by Regent Davis, Resolution 6134

was adopted unanimously.

 

    Resolution 6134:  That the Board of Regents of the University of Wisconsin

                      System recognizes the achievements of the 1992-93

                      Outstanding Teaching Award recipients, commends them for

                      their commitment to teaching excellence, and asks the

                      chancellors to extend our appreciation for their

                      efforts.

 

                                       -

 

    Report of the Vice President for Academic Affairs

 

    Vice President Portch reported to the Committee that an amendment to the

budget bill removed statutory language requiring the UW to conduct BST

research, as well as the requirement to establish a panel of dairy farmers to

advise on the research.  The budget also provided money for developing a blood

test to detect bovine tuberculosis in commercially raised deer and asked the

Board to discuss setting aside additional funds to assist in this research.

Dr. Portch proposed that research proposals for this purpose be eligible to

compete with other proposals as part of the regular applied research program.

 

                                       -

 

    Equal Opportunities in Employment Report: A Report on the Status of Women

    and Minority Faculty Members

 

    The Committee discussed an Equal Opportunities in Employment Report on the

status of women and minority faculty members.

                                      -

 

    Occasional Research Brief 92/5: Annual Status Report on Student Financial

    Aid in the UW System: 1990-91

 

    The Committee discussed a report on student financial aid in the UW System

in 1990-91.

 

 

                                     - - -

 

 

REPORT OF THE BUSINESS AND FINANCE COMMITTEE

 

    Regent Gelatt, Chair of the Business and Finance Committee, presented the

report.

 

    Consent Agenda Items

 

    Regent Gelatt presented Resolutions 6135 and 6136, which had been approved

by the Business and Finance Committee, as consent agenda items for action as a

single unit.

 

    Upon motion by Regent Gelatt, the following resolutions were adopted, with

Regents Davis and Steil abstaining from the vote on Resolution 6135.

 

                                       -

 

    Approval of Gifts, Grants and Contracts

 

    Resolution 6135:  That, upon recommendation of the President of the

                      University of Wisconsin System, the gifts, grants and

                      contracts presented at this meeting (copy on file with

                      the papers of this meeting) be accepted, approved,

                      ratified and confirmed; and that, where signature

                      authority has not been previously delegated, appropriate

                      officers be authorized to sign agreements.

 

    Approval of 1992-93 Budget Allocation Decision Rules

 

    Resolution 6136:  That, upon recommendation of the President of the

                      University of Wisconsin System, the Board of Regents

                      approves the 1992-93 annual budget allocation decision

                      rules.

 

                                      ---

 

    Segregated Fee for Intercollegiate Athletics at UW-Madison

 

    Regent Gelatt reported that, at the May 1992 meeting, the Committee had

tabled a motion to extend the segregated fee for UW-Madison athletics to

enable legal counsel to review applicable statutes, Board policies and

internal UW System policies to answer student questions about the Board's

authority to establish the $10 fee recommended by the UW-Madison Chancellor. 

 

 

    At the previous day's meeting, Legal Counsel Hodulik assured the Committee

that the Board does have the authority to establish fees necessary and

convenient to the university's legitimate educational purpose.  The key

feature of Resolution 6137 is approval of the fee by the Board for one year,

with the fee becoming part of the normal segregated fee process the following

year.  This means that the Chancellor may impose a non-allocable fee which

would be non-allocable in 1993-94 and 1994-95, and at student option,

allocable in 1995-96.  In 1993-94, the students would need to notify the

Chancellor of their intent to make the fee allocable in the third year.  The

Committee heard testimony from two of the four students who addressed the

Committee at the May meeting.  After discussion, the Committee approved

Resolution 6137. 

 

    It was moved by Regent Gelatt and seconded by Regent Lubar that the

following resolution be adopted by the Board of Regents: 

 

    Resolution 6137:  That, upon the recommendation of the President of the

                      University of Wisconsin System and the Chancellor of the

                      University of Wisconsin-Madison, the $10 segregated fee

                      per semester for intercollegiate athletics at UW-Madison

                      be continued for the 1992-93 fiscal year.  Further:

 

                      That, accounting procedures be maintained which makes

                      information on this source of income and its subsequent

                      expenditure readily accessible to student government

                      representatives responsible for recommending segregated

                      fees;

 

                      That, the outstanding deficit at the end of the

                      1991-92 fiscal year be retired within five years.

                      Deficit retirement shall be included in the annual

                      operating budget of the Athletic Department for each

                      of the five years.  The amount of budgeted deficit

                      retirement shall be no less than the balance of

                      deficit outstanding at the close of the prior fiscal

                      year divided by the number of years remaining.

                      Deficit retirement monies may not be taken from the

                      segregated fee income;

 

                      That, unanticipated revenue and expenditure savings

                      be applied to the outstanding deficit;

 

                      That, beginning in 1993-94, the segregated fee for

                      athletics be addressed within the segregated fee

                      policy by student government, the athletic board and

                      the chancellor, with presentation to the Board of

                      Regents included in the annual operating budget;

 

                      That, the Board of Regents be assured each unit

                      within the Athletic Department receives regular

                      budget versus expenditure comparisons, and is being

                      properly counseled regarding variations;

 

                      That, the Athletic Department maintains accounting

                      practices consistent with Generally Accepted

                      Accounting Practices (GAAP); and

 

                      That, a proper funding relationship with the UW

                      Foundation is maintained.

 

    Regent Grebe asked if legal counsel's written opinion specifically stated

that the Board has authority to impose the fee, and Ms. Hodulik replied in the

affirmative.

 

    Regent Gelatt noted that such a fee has been used on many of the other

campuses, establishing ample precedent for the imposition of a fee of this

kind at UW-Madison.

 

    In reply to a question by Regent Flores, Regent Gelatt explained that the

meaning of the resolution is for the fee to be non-allocable for several years

but then to become allocable, which means that the students have the choice of

whether to continue it for the year 1995-96.  At that time, if the students

decide against allocating it to athletics, the fee would not be imposed.

 

    Regent Flores said it was his understanding when the fee was initiated

that it was a temporary, three-year measure, primarily needed to keep the non-

revenue-producing sports viable.  Subsequently, five non-revenue sports were

eliminated, but the fee was being continued. 

 

    Regent Gelatt noted that the clear intent of discussion by the Business

and Finance Committee was that the Board would not reimpose a non-allocable

fee for the Athletic Department and that the standard procedure has been set

in motion and will run its course.  He would strongly oppose the Board

extending the fee as non-allocable in 1995-96.  If the Athletic Department

could at that time convince the students to continue the fee by their choice,

the fee would be continued; but it would not be a permanent fee if the

students choose not to continue it. 

 

    Regent Flores asked how much money has been contributed to the Athletic

Department by the student fee and how much the deficit has been reduced.

 

    Regent Gelatt replied that approximately $2.4 million has been collected

by the fee, and reduction in the debt has been $300,000.

 

    Regent Flores emphasized his concern about students having no voice in the

decision to impose the fee.  While he did not disagree that the Board of

Regents has authority under the statutes to levy the fee, he disagreed with

the mandatory manner in which it was being imposed.  Such a Board mandated fee

is unique to UW-Madison and is different from processes used at other

institutions in the UW System. 

 

    If fee monies were applied to a personnel contract that extended beyond

the three-year period, Regent Hirsch asked if the fee would remain non-

allocable and be extended for the duration of that contract.  Legal Counsel

Hodulik replied that such contractual obligations would have to be funded with

other monies if the fee were not extended.

 

 

    Regent Hirsch noted that the faculty and staff parking fee raises another

$400,000 per year.   Over three years, about $3.4 million had been put into

the Athletic Department for a net debt reduction of about $300,000.  While the

Athletic Department is an important part of the institution and is addressing

some of its problems, he felt the financial management performance clearly had

not been successful.

 

    Regent Lubar commented that, if the university is to have an athletic

department, there must be commitment to pay for it.  In this case, GPR is not

available; sports revenues are increasing but still are not adequate; and

gifts alone cannot be relied upon to fill the gap.  The remaining possibility

is continuation of a temporary special fee.  While Regents are not pleased

with the fee, he felt it must be recognized as a valid source of income.  He

saw no intention on the part of the Business and Finance Committee to continue

the fee beyond the time period provided in the resolution.  Noting that other

UW campuses have athletic fees, he did not consider the fee at UW-Madison to

be unreasonable or unduly burdensome.

 

    Regent Flores quoted the following language from s.36.09(5) of the

statutes:  "Students shall have primary responsibility for the formulation and

review of policies concerning student life, services and interests.  Students

in consultation with the chancellor and subject to final confirmation of the

Board shall have the responsibility for the disposition of those student fees

which constitute substantial support for campus student activities."  While

the Board has the final authority to set fees, Regent Flores felt that, in

this case, students had not had the required level of participation in the

decision. 

 

    Regent Davis agreed that the salient issue in this matter relates to the

question of authority rather than to the amount of the fee.  Believing that

the Board has authority to levy the fee, he urged adoption of the resolution.

 

    Regent Gelatt explained that the intent of the resolution is to pass

responsibility for the fee to the students as quickly as is fiscally

responsible.  The period before the fee becomes allocable will provide the

opportunity of full discussion with students of the merits of continuing the

fee.  Therefore, he strongly supported adoption of the resolution by the

Board.

 

    Regent Hirsch commented that, while the resolution would in three years

give the students a role in determining the fee, the students rightly were

asking to play that role now. 

 

    Regent Grebe asked legal counsel if the Board has the legal authority to

impose the fee, notwithstanding the language of s.36.09(5).  Senior Counsel

Hodulik replied in the affirmative.

 

    Put to the vote, Resolution 6137 was adopted, with Regents Flores and

Hirsch voting in opposition.

 

                                       -

 

 

    Annual Report on Administrative Computing Strategic Planning

 

    This report was presented to the Business and Finance Committee by William

Hogue, Senior Consultant for Information Technology, who noted that the report

contains descriptions of a wide range of activities that reflect the diversity

of the UW System institutions.  Citing four C's of information technology--

communication, coordination, compatibility and coherence--

Mr. Hogue said if communication among the institutions and with System

Administration is open, coordination and compatibility will follow, which in

turn will lead to coherence.  He reported that work on development plans for

the utility will continue, as well as development and expansion of the

Wisconsin Strategic Planning Project.  The most important effort in the coming

years is the support, enhancement and planning for networks to improve data

communications.

 

    The Chair suggested that the following information technology goals for

System Administration be part of System Administration's work plan for 1992-

93: to establish a process for ongoing assessment of de facto industry

standards for information technology; to adopt software, hardware and data

architecture standards in consultation with UW institutions; to review

proposed hardware and software purchases, and to review proposed software

development projects for adherence to adopted standards; to identify prototype

projects that can make early use of a standardized environment to ensure

maximum software portability among institutions; and to review and revise the

UW System five-year MIS Strategic Plan, identifying and adopting standards as

a central component of the plan.

 

    The Committee asked for a progress report on these goals as part of the

annual MIS report at the June 1993 meeting.

 

                                       -

 

    Supplies and Expense Implementation Report

 

    Deputy Vice President Marnocha outlined for the Committee the steps taken

to implement the recommendations of the Supplies and Expense Task Force

Report, initial implementation plans having been presented to the Board in May

and June of 1991.  Much has been accomplished, especially with respect to the

adoption of the total quality management philosophy.  More can be expected

after the System total quality management consultant, Sue Rohan, begins work

in mid-June 1992.

 

    The systemwide Quality Reinvestment Plan has helped to identify the

supplies and expense deficiency and reallocate resources to pressing needs.

While the Task Force report directed the institutions to reallocate savings to

meet supplies and expense needs, the forced GPR lapses of $3.2 million in

1991-92 and $7.4 million in 1992-93 make quality reinvestment decisions more

difficult.

 

    Regent Lubar asked System Administration and the Business and Finance

Committee to work together to establish targets to quantify the savings

resulting from the implementation of the Supplies and Expense Task Force

recommendations.

 

                                       -

 

    Budget Briefing

 

    Regent Gelatt reported that the briefing provided for Regents on the

operating and capital budget processes had been extremely helpful and

informative.  On behalf of the Business and Finance Committee, he thanked

Associate Vice President Kathi Sell and Vice President Paul Brown for a clear

explanation of this multi-step process.

 

                                       -

 

    Presentation: UW-Stevens Point--Implementation of Quality

    Reinvestment Plan

 

    The Committee heard a presentation on UW-Stevens Point's implementation of

the Quality Reinvestment Plan.  It was an interesting presentation by

Chancellor Sanders on how UW-Stevens Point has integrated strategic planning

and quality reinvestment into the budget process.  Assistant Vice Chancellor

Diemer outlined the budget process timetable and gave examples of the sources

and applications of quality reinvestment funds.  The Committee was pleased to

learn that strategic planning produced a clear set of institutional priorities

to guide decision making in the 1990s. 

 

                                       -

 

    Supplemental Gift, Grant and Contract Report

 

    Deputy Vice President Marnocha distributed to the Committee three

supplemental gift, grant and contract summary reports.  The Committee

expressed support for receiving such alternate reports on an annual basis.

 

                                       -

 

    Audit Subcommittee Report

 

                 Role and Responsibilities of the Subcommittee

 

    The Subcommittee approved a resolution on its role and responsibilities.

The resolution provides a mechanism whereby the Board, through the Audit

Subcommittee, can have direct access to the internal and external audit

functions of the UW System.

 

    This resolution will be brought to the Business and Finance Committee at

the July 1992 meeting

 

 

                          Staffing of Audit Function

 

    The Audit Subcommittee passed a resolution introduced by the Chair to

encourage System Administration to hire a sufficient number of auditors to

complete Priority One audits as identified on the audit schedule.  This

resolution will be brought to the Business and Finance Committee at the July

1992 meeting.

 

                                     - - -

 

 

 

REPORT OF THE PHYSICAL PLANNING AND DEVELOPMENT COMMITTEE

 

    Regent Gundersen, Chair, presented the Committee's report.

 

    Approval of 1992 Campus Development Plan, UW-Madison

 

    Chancellor Shalala presented to the Committee the UW-Madison 1992 Campus

Development Plan.  After hearing the presentation, the Committee unanimously

adopted Resolution 6138.

 

    It was moved by Regent Gundersen, seconded by Regent Dreyfus and carried

unanimously that the following resolution be adopted by the Board of Regents.

 

    Resolution 6138:  That, upon the recommendation of the UW-Madison

                      Chancellor and the President of the University of

                      Wisconsin System, the 1992 Campus Development Plan,

                      reflecting updates to the 1980 Campus Development Plan

                      and documenting physical facilities and campus

                      boundaries, be approved.

 

    Regent Davis asked if the Madison Mayor's Office had received a copy of

the UW-Madison Campus Development Plan.  When advised that a copy was sent to

the City Planning Department, he noted that, because the plan involved taking

property off the tax rolls, the city should be made aware in a specific manner

of those intentions.

 

    Put to the vote, Resolution 6138 was adopted unanimously.

 

                                       -

 

    Improvements in the Capital Budget Process

 

    Regent Gundersen summarized a report describing the improvements which

have occurred in the capital budget process.  Much of what has taken place has

emanated from the Physical Planning and Development Committee's serious

concerns about multiple layers of approval through which project requests must

advance from the time of initiation to the time of completion.  As a first

step, Vice President Brown was asked to develop a flow chart visualizing the

process.  This led to the preparation of a paper entitled "Roles and

Relationship in the Capital Budget," a document that served as a springboard

for developing solutions to problems created by the lengthy process for moving

projects forward.

 

    There have been a number of activities initiated over the past year which

have resulted in improvements, and there is a feeling that more of a

partnership is evolving between the staffs of the Division of Facilities

Development and UW System Administration.  Because of this improved

relationship, it has been possible to make numerous changes that streamline

the process and help to ensure that buildings are constructed to meet quality

standards.  Additional areas for improvement have been identified and

solutions are being developed.  This is expected to be an ongoing process, and

the Committee will receive periodic reports on the results of those efforts.

 

 

    Mr. Robert Brandherm, Administrator of the Division of Facilities

Development, had been invited to the meeting but could not attend because of a

scheduling conflict.  He did, however, send a letter commending Vice President

Brown, members of his staff and the administrators of the various universities

for their initiatives and cooperation. 

 

    On behalf of the Committee, Regent Gundersen commended and thanked the

Division of Facilities Development and UW staff for their cooperation in

working together to achieve these positive results.

 

 

    In discussion at the Board meeting, Regent Grover commended Regent

Gundersen for his dedication as Chair of the Physical Planning and Development

Committee.  His leadership had played a key role in promoting the improvements

made in the facility development process.

 

                                       -

 

    Energy Management Report

 

    The Committee discussed a special report on energy management, which is

one in a series of special reports on subjects associated with

responsibilities assigned to the Physical Planning and Development Committee.

This report discussed past and present energy management activities in the UW

System, the methods of providing energy to system institutions, and data on

current and historical energy consumption levels and costs.  The report

included recommendations that the UW System take a leadership role in

increasing the energy efficiency of its operations by participating as a

partner in Governor Thompson's Wisconsin Energy Initiative, and that, to the

extent possible, the UW System advance the energy efficiency and environmental

benefit principles of the Environmental Protection Agency's Green Lights

Program.  The Committee members were very impressed with the data reflected in

the report.  The Committee encouraged continuing efforts to enhance energy

management and urged staff to continue to strive for enactment of incentive

programs which will allow agencies to retain their energy saving dollars

instead of having them revert to the state's general fund.  Under recent

legislation, the institutions will be able to keep 30 percent of their

savings.

 

 

    Commending the UW System for the energy management accomplishments

outlined in the report, Regent Davis agreed with the recommendations to take

part in the Wisconsin Energy Initiative and the Green Lights Program.  He

suggested that, because the industry is changing so rapidly, the university

rely more on its energy suppliers to provide programmatic expertise, which

could be made available at little or not cost.

 

                                       -

 

    UW-Madison Sports Medicine Facility

 

    Vice President Brown reported to the Committee on the outcome of

discussions related to purchase of land for the UW-Madison Sports Medicine

facility.

 

                                       -

 

    Tour of UW-Madison Biochemistry Building

 

    Regent Gundersen reported that the tour showed laboratories in the Biochemistry

Building to be in a state of disrepair, with problems which included inadequate fume

venting and lack of air conditioning.  As a result of laboratory inadequacies, a

world-class researcher in the department had recently moved to the Massachusetts

Institute of Technology.

 

    Stating that construction and renovation of this facility must carry a

high priority, Regent Gundersen thanked the staff for providing this

informative tour.

 

 

                                    - - -

 

 

REPORT OF THE PERSONNEL MATTERS REVIEW COMMITTEE

 

    Regent Davis, Chair of the Committee, presented the report.

 

    The Personnel Matters Review Committee met on June 1, 1992, to consider

the appeal of Dr. Jean Elefson from a UW-River Falls decision not to grant her

a tenured appointment.  The appeal was considered pursuant to the November

1991 decision of the Board to grant a review of the record in this matter.

The Committee proceeded to conduct such an analysis, and supplemental

information was gathered by Senior Counsel Hodulik who served as counsel to

the Committee.

 

    Senior Counsel Hodulik explained that the issues giving rise to the review

were the questions of whether there might have been discriminatory animus for

the decision to deny tenure and whether the decision was based on facts not

supported by the record.  After completing the review, the Personnel Matters

Review Committee determined: 1) Dr. Elefson had not satisfied her burden of

showing that there was discriminatory animus; and 2) that she had failed to

satisfy her burden of showing insufficient fact in the record to support the

decision.

 

    Stating that it was the unanimous recommendation of the Personnel Matters

Review Committee to sustain the Chancellor's decision denying tenure, Regent

Davis moved adoption by the Board of Regents of Resolution 6139 and the motion

was seconded by Regent Dreyfus.

 

    Resolution 6139:  That, upon the recommendation of the Personnel Matters

                      Review Committee, the Board approves and adopts the

                      following findings and decision in the matter of UW-

                      River Falls Assistant Professor Jean Elefson:

 

                      1.  This matter is before the Board upon Dr. Elefson's

                          petition for review of the decision of UW-River

                          Falls not to renew her faculty appointment, which

                          decision resulted in the denial of tenure to Dr.

                          Elefson.

 

 

                      2.  At its November 8, 1991 meeting, the Board granted

                          Dr. Elefson's petition for review, on the grounds

                          that the insufficiency of the reasons given for the

                          denial of tenure, together with the allegation that

                          Dr. Elefson was asked at a pre-tenure meeting about

                          her plans for having more children, gave rise to a

                          serious concern that the tenure denial might have

                          had a discriminatory animus, or may have been based

                          upon facts not supported by the record, resulting in

                          material prejudice to her candidacy and having

                          systemwide implications.  The Personnel Matters

                          Review Committee has conducted the review on the

                          record, and has supplemented the record by the

                          taking of additional testimony on the issue whether

                          Dr. Elefson was asked at a pre-tenure meeting about

                          her child-bearing plans.

 

                      3.  The issues before the Board on this review are

                          whether the decision of the institution had a

                          discriminatory animus, and whether the institutional

                          decision was based on facts not supported by the

                          institutional record, causing the institutional

                          decision to have systemwide implications.

 

                      4.  Dr. Elefson has the burden of proof on the issues

                          before the Board on review.

 

                      5.  Dr. Elefson has failed to sustain her burden of

                          proving that she was asked at a pre-tenure meeting

                          about her child-bearing plans or of showing a

                          discriminatory animus for the tenure denial

                          decision.

 

                      6.  Dr. Elefson has failed to sustain her burden of

                          proving that the institutional decision was based on

                          facts not supported by the record.  While the record

                          in this matter is not as clear or complete as is

                          desirable concerning the reasons for the denial of

                          tenure, it contains adequate facts to support the

                          decision of the chancellor that Dr. Elefson should

                          be denied tenure.  Further, the institutional

                          decision in this case does not have systemwide

                          implications.

 

                      7.  Accordingly, the chancellor's February 15, 1991

                          decision denying tenure is sustained and is adopted

                          as the decision of the Board in this matter, and

                          this review before the Board is concluded.

 

 

                      8.  Pursuant to ss. 227.47 and 227.48, Wis. Stats., Dr.

                          Elefson is informed that she may, within 20 days

                          after service of this decision, file a written

                          petition for rehearing which shall specify in detail

                          the grounds for the relief sought and supporting

                          authorities.  The filing of such a petition shall

                          not suspend or delay the effective date of the

                          decision.  Copies of the petition must be served on

                          all parties of record.  In addition, this decision

                          may be judicially reviewed by filing a petition for

                          review in the appropriate circuit court, as

                          specified in s. 227.53(1)(a)3, Wis. Stats.  The petition

                          must be filed within 30 days of the service of this

                          decision, and must name as party respondent the

                          Board of Regents of the University of Wisconsin

                          System.

 

    Regent Davis pointed out that, while the record in this proceeding was at

a level sufficient to sustain the Committee's judgment, it was not at a level

desirable for future proceedings.  The Committee intended to work with

President Lyall and legal staff to ensure a systematic approach to compilation

of records.

 

    Put to the vote, Resolution 6139 was adopted unanimously.

 

 

                                     - - -

 

 

REPORT OF REVIEW COMMITTEE ON AUDIT RELATED MATTER

 

    UW-Madison Academic Support Services Contract

 

    Regent Lubar presented the following report on this matter, which had been

referred by Regent President Lyon to a committee composed of Regents Schilling

(Chair), Gelatt and Lubar.

 

    The Board of Regents approved a contract with the Washington, D.C. law

firm of Hogan and Hartson at its March 1991 meeting.  It was approved as a

UW-Madison Academic Support Services contract under resolution II.4.a.

Despite the possible controversial nature of the contract, it was not

highlighted so as to allow Board inquiry or discussion.

 

    The Committee was advised that the contract was in violation of Sections

14.11 and 20.930 of the Wisconsin Statutes.  In essence, these statutes provide that

state agencies may not enter into contracts for legal services or employ an

attorney without consultation with the Attorney General and approval of the

Governor.  Thus, the Board was in the unhappy position of having approved, in

ignorance, a legal services contract in violation of state law.

 

    This matter was brought to the attention of the Audit Subcommittee of the

Board in December 1991.  When it was determined that legal counsel at both UW

Madison and System Administration had been consulted before the contract was

brought to the Board, the Attorney General's office was asked to provide

counsel.  Assistant Attorney General Burneatta Bridge was assigned to assist

the Committee. 

    The ad-hoc Committee met with Ms. Bridge to undertake a general

preliminary investigation.  She interviewed a number of individuals involved

in the steps that led to the action of the Board and collected documents

relating to the contract.  The ad hoc Committee met with Ms. Bridge to review

the results of her preliminary investigation; interviewed former President

Shaw; consulted with President Lyon; and met with General Counsel Stathas,

Vice Chancellor Newby and Chancellor Shalala. 

 

    After deliberation, the Committee made the following findings:

 

1.  In April or May of 1990, Chancellor Shalala entered into a verbal

    arrangement for legal services with David S. Tatel of the firm of Hogan

    and Hartson in Washington, D.C.

 

2.  The arrangement was intended to be an action in implementation of Regent

    Resolution 5399, and President Shaw was generally aware of it.

 

3.  By letter of May 30, 1990, to Mr. Tatel, Vice Chancellor Newby confirmed

    that Mr. Tatel and his associates were to "...prepare a brief exploring

    the legal aspects of the ROTC gay and lesbian discrimination issue..." and

    send the bill to her.  This letter did not discuss fees and the record is

    otherwise silent as to fee arrangement and source of payment.

 

4.  The engagement was not reduced to writing, accounted for or approved by

    the normal purchasing channels until six months later when most of the

    work was completed and a statement for fees was received from Mr. Tatel.

 

5.  At some point, General Counsel Stathas advised Ms. Newby that the contract

    should not be paid out of state monies and/or that the contract should be

    paid from private sources.  He did not inform the System President of his

    concerns or take steps to insure that the contract would not be presented

    to the Board over his objections.

 

6.  After some discussion at the Madison campus as to how to pay for the

    services rendered by Mr. Tatel, the arrangement became the "Hogan and

    Hartson Academic Support Services Agreement" and was executed by the

    parties in January 1991.

 

7.  On February 11, 1991, the contract was sent forward by the Madison campus

    for inclusion in Resolution II.4.a., contrary to their understanding that

    this resolution should only be used for non-controversial actions.  Those

    in System Administration responsible for insuring that this understanding

    is observed did not flag the item as controversial.

 

8.  Chancellor Shalala wrote to President Shaw on February 26, 1991, to report

    on UW-Madison's activities to change ROTC's discriminatory policies.  She

    referred to Mr. Tatel's activities, but indicated that he had been

    retained on behalf of a group of prominent universities.  There is no

    arrangement whereby other universities would share the cost.

 

 

    The Committee reached the following conclusions:

 

1.  Exploring the option of legal challenges to ROTC discrimination against

    homosexuals was within the broad mandate of Regent Resolution 5399.

 

2.  Chancellor Shalala pursued this option openly, with the knowledge and

    apparent approval of President Shaw. 

 

3.  Communications between Chancellor Shalala and Vice Chancellor Newby

    regarding the arrangement with Hogan and Hartson were sketchy and Vice

    Chancellor Newby and/or her office demonstrated a lack of understanding of

    Wisconsin procurement statutes and procedures.  Ms. Newby was new to her

    position at the time.

 

4.  The issue of whether Sections 14.11 and 20.930, Wis. Stats., applied to the

    contract should have been more thoroughly addressed at the outset.  Even

    if said statutes did not apply--and Vice Chancellor Newby cites at least

    one recent example where similar services were procured without

    compliance--the contract should have been reduced to writing at the outset

    and the source of funding determined.

 

5.  Considering the confusion and controversy which developed over the

    contract and its payment, neither UW-Madison, the System General Counsel,

    nor System Administration generally should have permitted the contract to

    come to the Board as a Resolution II.4.a. item.

 

 

    The Committee made two recommendations:

 

1.  The Board should re-examine the process by which matters come to it under

    Resolution II.4.a.

 

2.  The Board, Attorney General and Governor's Office should re-examine the

    application of Sections 14.11 and 20.930, Wis. Stats., as they relate to UW

    procurement.  There is not a clear agreement at this time on the

    definition on how those statutes relate.

 

 

    Finally, the Committee met on June 2, 1992, with Chancellor Shalala, Vice

Chancellor Newby, and General Counsel Stathas and expressed extreme

displeasure with the administrative handling of this matter.  The Committee

was assured that this sort of problem would not occur again in the future.

 

 

                                     - - -

 

 

 

ELECTION OF OFFICERS OF THE BOARD OF REGENTS

 

    Regent President

 

    Regent George Steil was nominated for the position of President of the

Board by Regent Lubar.  The nomination was seconded by Regent Davis, and

Regent Steil was elected unanimously.

 

                                       -

 

                         - President Steil presiding -

 

 

    Regent Vice President

 

    Regent Albert Nicholas was nominated for re-election to the office of Vice

President by Regent Grebe.  The nomination was seconded by Regent Gundersen,

and Regent Nicholas was re-elected unanimously.

 

                                       -

 

    Regent Secretary

 

   Upon nomination by Regent Gundersen, seconded by Regent Davis, Judith

Temby was unanimously re-elected Secretary of the Board.

 

                                       -

 

    Assistant Secretary

 

    Upon nomination by Regent Grover, seconded by Regent Flores, Marlene Alsmo

was unanimously re-elected Assistant Secretary of the Board.

 

                                       -

 

    Trust Officer

 

    Regent Lubar nominated Raymond Marnocha for the position of Trust Officer

of the Board.  The nomination was seconded by Regent Hirsch, and Mr. Marnocha

was elected unanimously.

 

                                       -

 

    Assistant Trust Officers

 

    Upon nomination by Regent Krutsch, seconded by Regent Davis, Charles

Stathas was unanimously elected Assistant Trust Officer of the Board.

 

    Upon nomination by Regent Davis, seconded by Regent Dreyfus, David Konshak

was unanimously re-elected Assistant Trust Officer of the Board.

 

                                       -

 

 

    Address of Regent President Steil

 

    Expressing his appreciation for the confidence the Board has placed in

him, Regent Steil said he hoped to follow President Lyon's example of

leadership, patience and complete devotion to the ideals of the UW System.  He

looked forward to the advice and counsel of Vice President Nicholas and to

working with President Lyall, whose leadership ability the UW System is

fortunate to have.

 

    Regent President Steil made the following statement:

 

    "We are facing a year of some very difficult decisions.  A seat on this

Board is not a place to gain friends and win popularity.  Many decisions will

have to be made which will be adverse to the wishes of some people. 

 

    "Higher education in Wisconsin is in a state of crisis from the standpoint

of carrying out its mission with restricted financial resources.

 

    "Let me add to that we are not alone.  Columbia University is looking at a

deficit of $87 million in 1993.  Stanford University reduced its

administrative and academic budget by 13 percent.  Yale University eliminated

11 percent of its faculty positions and is merging many departments to reduce

costs.  If you read the news articles this week, you can find that is probably

not going to be enough.  Apparently, huge endowments do not relieve an

institution from financial responsibility.

 

    "When we observe state-assisted universities, we must take note of the

fact that state appropriations for higher education declined in the academic

year 1991-92 for the first time in 33 years that records have been kept.

 

    "Mark Yudof, writing in the May 13 Chronicle of Higher Education, stated

that tuition at public universities is now growing more rapidly than at

private universities.  Another survey stated that tuition in public

universities this last year went up an average of 12 percent.  Private schools

went up an average of 7 percent.  The University of Wisconsin went up 4.3

percent. 

 

    "These statistics cannot be ignored and certainly are telling us something

that all of us would like to avoid hearing.

 

    "While all of this has been going on, we cannot ignore the fact that this

System, which we have been appointed to guide, has lost the respect of the

Legislature and many taxpayers.  I would remind you in that regard that the

taxpayers of Wisconsin are paying approximately 32 percent of our budget.

When I speak of a loss of respect, I am speaking about our perceived lack of

fiscal responsibility.  This lack of confidence in how we handle our resources

is the mother of the desire to micro-manage the university and this desire

only compounds our problems.

 

    "It behooves each one of us as Regents, and indeed everyone connected with

this university system, to manage our resources as a sacred trust.  We cannot

afford any waste and we must have fiscal responsibility--not only in fact, but

also in the perception of the taxpayers of this state.  To be fiscally

responsible, we must be cognizant of the value of the product that this System

produces.

 

    "As desirable as it might be, we cannot remain the second lowest in

tuition in the Big Ten.  If we do, we will find this System in the same

predicament as California, where they are now advocating a 26 percent tuition

increase in one year.  I submit that that type of management is far from

fiscal responsibility.

 

   "While the problems facing us are in many ways monumental, we cannot,

under any circumstances, sacrifice quality.  This System is the most valuable

asset of the State of Wisconsin.  As Regents, we have the duty to determine

the policy for this university and then we must look to President Lyall and

the administration to carry out that policy.

 

    "Administrative costs cannot be in any way a sacred cow.  When we have to

consolidate departments and make cuts at other levels, the administration must

set the example.  In that same article I referred to, Mark Yudof pointed out

that in the 1980s administrative budgets at public universities increased

almost three times the rate of increase in instructional budgets.  If Yudof's

estimate is reduced by 50 percent, the result does not give us any comfort.  I

am not contending that even such a reduced amount applies to our System.

However, we have a duty to investigate and several Regents have expressed

their concern to me about this subject.  I have discussed this matter with

President Lyall, and I am confident she will make an objective investigation

at all levels.

 

    "Wherever reductions in administration, faculty, academic staff and

employees are required, we must address these issues with the utmost

compassion, but also with a firm resolve to allocate all available funds to

our basic mission of teaching.  While we are assisted by the state--and I

emphasize, not supported by the state--nevertheless, we must be cognizant of

needs of the State of Wisconsin other than higher education, as that is not

the only obligation of the State Treasury.  We cannot be a world class

institution in every discipline.  In order to be fiscally responsible, we may

have to eliminate departments at some campuses, combine departments at other

campuses as other institutions of higher learning have already done.

 

    "I hasten to emphasize that these remedies do not in any way involve the

closing of any campus--in fact, they will prevent it.

 

    "The Board displayed its confidence in President Lyall by electing her to

guide this ship in a stormy sea.  I want to assure her that I am confident

that every Regent believes that she is equal to the task.  During this next

year my only request is that each of us as Regents evaluate the proposals that

President Lyall submits to us in an objective manner and that we exhibit

confidence in her administration by not attempting to micro-manage the

university as Regents.

 

    "I look forward to working with you to preserve and enhance the reputation

of the University of Wisconsin System as one of the outstanding institutions

of higher learning and research in the United States."

 

 

                                     - - -

 

 

 

UNFINISHED OR ADDITIONAL BUSINESS

 

    Appreciation to Chancellor Chmurny

 

    Regent Krutsch presented the following resolution of appreciation.  The

motion was seconded by Regent Davis and carried by acclamation.

 

    Resolution 6140:  Whereas, William Chmurny has served with distinction as

                      chancellor of the University of Wisconsin-Platteville

                      for nine years; and

 

                      Whereas, Chancellor Chmurny contributed substantially to

                      the educational environment for students and the

                      professional development of faculty and academic staff;

                      and

 

                      Whereas, Chancellor Chmurny oversaw the construction and

                      completion of five major campus building projects; and

 

                      Whereas, Chancellor Chmurny worked to involve the

                      university in the economic development of its community

                      and region; and

 

                      Whereas, Chancellor Chmurny successfully promoted the

                      university and the state as attractive sites for

                      National Football League summer training camps; and

 

                      Whereas, Chancellor Chmurny was ably assisted by his

                      wife, Kathryn, throughout his tenure,

 

                      Therefore, be it resolved that the Board of Regents of

                      the University of Wisconsin System highly commends

                      William Chmurny for his outstanding service as

                      chancellor, extending sincere best wishes to him as he

                      resumes his teaching career as Visiting Professor of

                      Anthropology at the University of Wisconsin-Parkside.

 

                                       -

 

    Contribution by Wisconsin Power and Light

 

    Regent Davis noted that the Wisconsin Power and Light Foundation has

supported a number of educational programs, particularly programs which assist

those who are not participating at levels the Foundation believes appropriate

in this society.  The Foundation has been an active supporter of the Minority

Engineering Program at UW-Platteville and a participant in the "Do College"

program.  At a cost of nearly $500,000, the Foundation is providing

scholarships for 40 disadvantaged minority students on an ongoing basis.  In

the first three years of that program, 18 of the 30 scholarship winners have

selected UW System schools.  This summer on the Madison campus, the Foundation

will participate in an engineering program for high school teachers and

students, as well as a program for high school mathematics and science

teachers.  Firmly committed to teaching excellence, the Foundation last month

presented $5,000 checks to four UW System professors in recognition of their

excellence in undergraduate teaching.  This was the second year of that

ongoing program. 

 

    Presenting to Chancellor Greenhill a contribution for the UW-Whitewater

Minority Business Program, Regent Davis stated the hope that these monies will

help those who are the most barriered to have an opportunity to reach their

full potential.

 

    Expressing appreciation on behalf of UW-Whitewater, Chancellor Greenhill

thanked Regent Davis for his interest in the program and for the additional

contribution, which augmented other support he had given in helping the

program to be very successful.

 

                                       -

 

    Relationship with University Book Store

 

    Regent Davis inquired about correspondence received by the Regents

regarding the University Book Store's attempt to open a youth book store. 

 

    Explaining that the book store is a separate legal entity from the

university, President Lyall indicated that Chancellor Shalala has the right to

appoint three of the eight members of the book store's Board of Trustees.  The

Chancellor has shared those letters of concern with her appointees to the

board, and they will investigate the matter at the next book store meeting.

The university does not directly control the University Book Store, beyond

representation on its board. 

 

    In response to a question by Regent Dreyfus, General Counsel Stathas noted

that the University Book Store is organized as a Massachusetts Trust and that

it has no tax advantage over other private sector entities.  Changes in the

book store bylaws must be approved by the Board of Regents.

 

    Regent Barry asked if the Board could initiate a change to the bylaws, and

Mr. Stathas replied in the affirmative. 

 

    Regent Dreyfus expressed the view that the Board either should assert

control over the book store or divest itself from any relationship. 

 

    Regent President Steil appointed a special committee, consisting of

Regents Barry (Chair), Flores and Dreyfus to look into the matter and report

to the Board in September.  General Counsel Stathas was asked to serve as

counsel to the Committee. 

 

    Chancellor Shalala suggested that the Committee hear from representatives

of alumni, students, and the university on this matter.

 

                                       -

 

 

    Eagle Heights Rent Increase

 

    In reply to an inquiry by Regent Davis, President Lyall noted that letters

had been received from residents of Eagle Heights who are unhappy with the

Board-approved rent increase schedule.  Those letters were being sent to the

Chancellor for response.

 

    Regent Dreyfus noted that rent increases were needed to pay for

improvements in the facilities.  

 

    Chancellor Shalala added that rental rates are still below the market,

even with the increases.

 

    President Lyall noted that students could opt to pay lower rent by living

in an un-remodeled apartment.

 

 

                                     - - -

 

 

    At 11:05 a.m. the following resolution, moved by Regent Nicholas, was

adopted on a unanimous roll-call vote with Regents Barry, Davis, Dreyfus,

Flores, Gelatt, Grebe, Gundersen, Hempel, Hirsch, Nicholas and Steil (11)

voting in the affirmative.  There were no dissenting votes and no abstentions.

 

    Resolution 6141:  That the Board of Regents recess into closed session to

                      consider personnel matters, including salary adjustments

                      in the Executive Pay Plan and above the Group 6 maximum,

                      and possible appointment of Acting Chancellor, UW-

                      Platteville, Vice Chancellor UW-La Crosse, Vice

                      Chancellor, UW-Milwaukee, and extension of leave of

                      absence for a staff member, UW-Eau Claire, as permitted

                      by s. 19.85(1)(c), Wis. Stats.; for possible action on a

                      dismissal recommendation, as permitted by s.

                      19.85(1)(b), Wis. Stats.; for possible action on

                      appointment to the Council of Trustees of the UW

                      Hospital and Clinics, as permitted by s. 19.85(1)(f),

                      Wis. Stats.; and to confer with legal counsel, as permitted

                      by s. 19.85(1)(g), Wis. Stats.

 

 

                                     - - -

 

 

CLOSED SESSION ACTIONS

 

    The Board arose from closed session at 12:15 p.m. and made the following

announcements:

 

    Appointment of Vice Chancellor, UW-La Crosse

 

    Resolution 6142:  That, upon recommendation of the Chancellor of the

                      University of Wisconsin-La Crosse and the President of

                      the University of Wisconsin System, Julius Erlenbach be

                      appointed Provost and Vice Chancellor for Academic

                      Affairs, University of Wisconsin-La Crosse, effective

                      August 1, 1992, at an annual salary of $87,000.

 

    Appointment of Vice Chancellor, UW-Milwaukee

 

    Resolution 6143:  That, upon recommendation of the Chancellor of the

                      University of Wisconsin-Milwaukee and the President of

                      the University of Wisconsin System, Kenneth Watters be

                      appointed Vice Chancellor for Academic Affairs,

                      University of Wisconsin-Milwaukee, effective June 5,

                      1992, at an annual salary of $97,537.

 

    Extension of Leave of Absence, UW-Eau Claire

 

    Resolution 6144:  That, upon recommendation of the Chancellor of the

                      University of Wisconsin-Eau Claire and the President of

                      the University of Wisconsin System, the leave of absence

                      for Joseph Hisrich, Director of Student Support

                      Services, University of Wisconsin-Eau Claire, be

                      extended from January 7, 1993 through December 31, 1994.

 

    Appointment to Council of Trustees, UW Hospital and Clinics

 

    Resolution 6145:  That, upon recommendation of the UW-Madison Chancellor

                      and the President of the University of Wisconsin System,

                      Artha Jean Towell be appointed as a public member of the

                      Council of Trustees of the UW Hospital and Clinics, for

                      a term ending in August 1994.

 

    Report of the Personnel Matters Review Committee on Dismissal for Just

    Cause Recommendation by UW-Extension

 

    Resolution 6146:  That, upon the recommendation of the Personnel Matters

                      Review Committee, the Board of Regents approves and

                      adopts the Decision and Order on Recommendation of

                      dismissal in the matter of Professor Georgia Frye,

                      UW-Extension, a copy of which is attached.

 

    Appointment of Acting Chancellor, UW-Platteville

 

    Resolution 6147:  That, upon the recommendation of the President of the

                      University of Wisconsin System, Lee A. Halgren be

                      appointed Acting Chancellor, UW-Platteville, effective

                      June 1, 1992, at an annual salary of $93,000.

 

    Salary Adjustments in Executive Pay Plan and Above Group 6 Maximum

 

    Resolution 6148:  That, 1992-93 salary adjustments be approved as listed

                      in Schedule A for university administrators in the State

                      Executive Pay Plan and in Schedules B and C for faculty

                      and academic staff whose salaries will be above the

                      maximum of Group 6 of the Executive Pay Plan, subject to

                      release of Recruitment and Retention funds by the Joint

                      Committee on Finance for those positions which include

                      such funds.

 

 

                                     - - -

 

 

 

    The meeting was adjourned at 12:15 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                              

                                    Judith A. Temby

                                    Secretary

June 30, 1992