xt7b8g8ffr9s https://exploreuk.uky.edu/dips/xt7b8g8ffr9s/data/mets.xml Lexington, Kentucky University of Kentucky 19970716 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 1997-07-sep16. text Minutes of the University of Kentucky Board of Trustees, 1997-07-sep16. 1997 2011 true xt7b8g8ffr9s section xt7b8g8ffr9s AGENDA Meeting of the Board of Trustees University of Kentucky 1:00 P.M. September 16, 1997 Invocation Roll Call Approval of Minutes Nomination of Officers and Executive Committee President's Report and Action Items PR 1 President's Report to the Trustees PR 2 Personnel Actions PR 3 Central Administration A. Appointment of Search Committee for the President of the Kentucky Community and Technical College System B. Proposed Amendments to the Governing Regulations and Changes in Administrative Regulations PR 4 Community College System (No items to report) PR 5 Lexington Campus (No items to report) PR 6 Medical Center A. Behavioral Standards in Patient Care B. Bylaws of the Medical Staff, University Hospital, Chandler Medical Center Finance Committee 1. Acceptance of Audit Report for the University of Kentucky for 1996-97 2. Report of Leases 3. University of Kentucky Capital Request 1998-2000 (University System, University Hospital and Community College System) 4. Philip Morris, Inc., Contribution 5. Estate of Margaret W. Peal 6. G. D. Searle & Company 7. Establishment of Stites & Harbison Professorship of Law and Quasi-Endowment Minutes of the Meeting of the Board of Trustees of the University of Kentucky, Tuesday, September 16, 1997. The Board of Trustees of the University of Kentucky met at 1:00 p.m. (Lexington time) on Tuesday, September 16, 1997 in the Board Room on the 18th floor of Patterson Office Tower. A. Meeting Opened Governor Edward T. Breathitt, Chairperson, called the meeting to order at 1:00 p.m., and the invocation was pronounced by Professor Loys Mather. B. Roll Call The following members of the Board of Trustees answered the call of the roll: Mr. Ted Bates, Mrs. Kay Shropshire Bell, Governor Edward T. Breathitt (Chairperson), Mr. Paul W. Chellgren, Ms. Melanie Cruz, Mr. Merwin Grayson, Jr., Mr. John "Jack" Guthrie, Mr. James F. Hardymon, Professor Loys L. Mather, Dr. Robert P. Meriwether, Dr. Elissa Plattner, Mr. Steven S. Reed, Professor Daniel R. Reedy, Mr. C. Frank Shoop, Dr. W. Grady Stumbo, Mr. Martin Welenken, Ms. JoEtta Y. Wickliffe, and Mr. Billy B. Wilcoxson. Absent from the meeting was Mr. Billy Joe Miles. The University administration was represented by President Charles T. Wethington, Jr.; Chancellors Ben W. Carr, James W. Holsinger, and Elisabeth Zinser; Vice Presidents Joseph T. Burch, Fitzgerald Bramwell, Edward A. Carter, George DeBin and Eugene Williams; Dr. Juanita Fleming, Special Assistant for Academic Affairs; Mr. C. M. Newton, Director of Athletics, and Mr. Richard E. Plymale, General Counsel. Members of the various news media were also in attendance. A quorum being present, the Chairperson declared the meeting officially open for the conduct of business at 1:04 p.m. C. Approval of Minutes Governor Breathitt said that the Minutes of the Board meeting on August 19, 1997 had been distributed and asked for any additions or corrections. Mr. Guthrie moved that the Minutes be approved as distributed. Mrs. Bell seconded the motion, and it carried. D. Nomination of Officers and Executive Committee Under the Governing Regulations, officers of the Board and the Executive Committee are elected annually at the September meeting. Governor Breathitt called upon Mrs. Bell to preside and receive the report of the Nominating Committee. Mr. 2 Wilcoxson, Chairperson of the Nominating Committee, placed the following slate of officers for 1997-98 in nomination: Edward T. Breathitt, Chairperson Robert P. Meriwether, Vice Chairperson Merwin Grayson, Jr., Secretary Richard E. Plymale, Assistant Secretary Mr. Wilcoxson moved that these officers be approved for 1997-98. The motion, seconded by Mr. Bates, carried unanimously. Mr. Wilcoxson placed the following slate of Executive Committee members for 1997-98 in nomination: Edward T. Breathitt, Chairperson Robert P. Meriwether, Vice Chairperson Paul W. Chellgren James F. Hardymon Billy B. Wilcoxson Merwin Grayson, Jr., cx officio On behalf of the Nominating Committee, Mr. Wilcoxson moved that these individuals be approved as the Executive Committee for 1997-98. His motion, seconded by Mr. Shoop, passed. Governor Breathitt presided for the remainder of the meeting as Chairperson. Governor Breathitt thanked the Board and said he would do his best in working with this excellent Board. He noted that the Executive Committee did not function except in rare cases. He urged the Board members to attend the committee meetings whenever possible. The committee meetings provide the members an opportunity to have the benefit of the discussions and be better inforned at the Board meetings. President Wethington added his comments of appreciation concerning the efforts of Governor Breathitt and the other officers of the Board in support of the University. He expressed congratulations from the administration to Governor Breathitt for having been re-elected to lead the Board. He assured the Board that he and every member of his staff would make every effort to cooperate and provide the kind of administrative leadership that the Board needs to move the University forward in 1997-98. - 3 - E. President's Report to the Board of Trustees (PR 1) President Wethington called attention to the following items in PR 1: 1. Total student enrollment for the fall 1997 semester increased slightly over last year. Preliminary figures show that the total enrollment in the University System is 24,100. The Community College System will likely decrease by approximately 5%. 2. Twelve students are enrolled in the first year of the joint UK/University of Louisville doctoral program in social work. There are six students from each university enrolled in this program. 3. The Medical School class of 1999 scored a 100% pass rate. The College's 100 percent pass rate exceeded the national pass rate of 95 percent. 4. Two mathematicians have received National Science Fellowships and have chosen to study at UK in an area of pure mathematics called spectral geometry. 5. The Agricultural Economics Academic Team has won the 1997 National Agricultural Economics Academic Bowl held at the American Agricultural Economics Association's annual meeting in Toronto. The team not only won for the second consecutive year, but repeated their 1996 victory over the same Texas A&M team in the final match. 6. On August 21, Mary and David Adams of Stanford, Kentucky became the parents of three daughters and a son born at the UK Hospital's Birthing Center. It was a "one in a million" experience since no fertility drugs were involved. Four sets of quadruplets have been born at UK Hospital in the past 10 years. 7. Ashland Community College has received a $1,723,401 Title 11 grant to upgrade technology and keep students in school. The grant also calls for hiring a student success coordinator to focus on at-risk students,. President Wethington asked the members to peruse the other items in the report at their leisure. - 4 - F. Personnel Actions (PR 2) President Wethington recommended that approval be given to the appointments, actions and/or other staff changes which require Board action; and that the report relative to appointments and/or changes already approved by the administration be accepted. Mr. Chellgren moved approval. The motion, seconded by Mr. Guthrie, carried. (See PR 2 at the end of the Minutes.) President Wethington called attention to the retirement of Constance Wilson, Professor (with tenure) in the College of Social Work, in PR 2. He noted that she has been employed at the University for 43.5 consecutive years and has served as a faculty representative on the Board of Trustees in past years. Mr. Bates and Mr. Wilcoxson said that she was a great asset to the Board. G. Appointment of Search Committee for the President of the Kentucky Community and Technical College System (PR 3A) President Wethington recommended that the Board authorize the Chairman of the Board to appoint the Search Committee for the President of the Kentucky Community and Technical College System. He reported that Governor Brcathitt had received a letter from James Ramsey of the transition team reminding Governor Breathitt of the Board's role in the appointment of the search committee. President Wethington reported that the Kentucky Community and Technical College System Board was not yet complete. The appointed members have been chosen; however, all of the elected members have not been elected. The anticipation is that they will be elected by or before the first of October. He said the next meeting of the UK Board of Trustees is not until later in October, and Chairman Ramsey's letter encouraged the UK Board to move as quickly as possible to get the search committee appointed and underway. He noted that the appointment of the search committee is the only role the UK Board plays in the selection of the President. Mr. Wilcoxson moved approval of PR 3A. Mr. Shoop seconded the motion, and it passed. (See PR 3A at the end of the Minutes.) H. Proposed Amendments to the Governing Regulations and Changes in Administrative Regulations (PR 3B) President Wethington recommended that the proposed amendments to the Governing Regulations of the University of Kentucky and the proposed changes to the Administrative Regulations which require Board approval be received for preliminary consideration. He said that these amendments and any changes will be included on the 5- agenda for action at the next Board meeting. He reminded the Board that changes in the Governing Regulations must remain on the table for consideration for at least one month. This is an effort by the staff to propose changes in the Governing and Administrative Regulations to reflect the statutory change in the Community College System. Dr. Meriwether moved approval. His motion, seconded by Mr. Chellgren, carried. (See PR 3B at the end of the Minutes.) I. Behavioral Standards in Patient Care (PR 6A) President Wethington said that PR 6A and 6B are action items from the Medical Center. He asked Chancellor Holsinger to give a brief justification and rationale for these action items. Chancellor Holsinger said that the behavioral standards for patient care were first adopted by the Board in 1980 to conform with the Joint Commission on the Accreditation of Health Care Organizations' requirements for a policy concerning patient rights. This action item is an amendment and restatement of that document which has been in place for nearly twenty years. Upon the Board's approval, it will be applicable throughout the Medical Center and to all Medical Center students, staff and faculty even while they may be visiting sites in training. This will also include all sites that comprise the clinical operation across the Commonwealth. The vast bulk of the work done on this is editorial changes, an updating of titles of University personnel, and subsequent changes in guidelines over the last twenty years. Chancellor Holsinger said PR 6B comprises the Medical Staff Bylaws of the University Hospital of the Chandler Medical Center. These Bylaws were first adopted by the Board in 1978 and have gone through a number of revisions since then. This particular revision includes a great deal of editorial changes throughout the document to reflect title changes and also to bring the document into conformity with the current Joint Commission on Accreditation of Health Care Organizations' standards. It reflects the current joint commission accreditation standards as well as any changes in federal law that have occurred subsequent to the last time that they were brought before the Board for amendment. President Wethington recommended that the Board adopt the Behavioral Standards in Patient Care to be applicable to all visiting and University students, faculty, staff and volunteers while providing patient care at the Medical Center and to be applicable to all University students, faculty, staff and volunteers engaged in University work or study in off campus sites. This action item comes to the Board after having been considered and recommended by the Clinical Board of the University Hospital and by the Board of Directors of the University Hospital chaired by Dr. Meriwether. - 6 - On motion made by Dr. Meriwether, seconded by Mr. Grayson and carried, PR 6A was approved. (See PR 6A at the end of the Minutes.) J. Bylaws of the Medical Staff University of Kentucky Chandler Medical Center (PR 6B) President Wethington said PR 6B is a companion document. He recommended that the Board adopt the Bylaws of the Medical Staff, University Hospital, Chandler Medical Center attached to PR 6B. These Bylaws were approved by the Board first in 1978 and have been amended on four occasions since that time. They need to be updated and brought into compliance with the rules and regulations that have changed since that time. He said they also need to be updated for purposes of the Joint Commission on Accreditation of Health Care Organizations. These Bylaws are being recommended to the Board after having been approved by the Clinical Board of the University Hospital and the Board of Directors of the University Hospital which is chaired by Dr. Meriwether and comprised of five members of the Board of Trustees. Dr. Meriwether moved approval. Mr. Shoop seconded the motion, and it passed. (See PR 6B at the end of the Minutes.) Dr. Plattner said that the Bylaws were collectively, generically, humanitarian in their approach. She congratulated Chancellor Holsinger, Dr. Meriwether and others involved in the composition of the Bylaws. President Wethington said that he appreciated Dr. Plattner's comments. He said it always helps to put some humanitarian face on some of the actions that the Board takes and certainly that is what these Bylaws and guidelines are designed to do. He thanked Dr. Plattner for pointing that out to everyone. Governor Breathitt said that Dr. Meriwether, Chairman of the University Hospital Board of Directors, reported in the Finance Committee that the Chandler Medical Center is in excellent financial condition while a number of other medical centers around the country arc facing financial problems. The University Hospital's financial status is a great credit to Chancellor Holsinger as well as to President Wethington and the overall administration of the University. He said that the citizens in the Commonwealth love the facility, and they know it is there for them. K. Acceptance of Audit Report for the University of Kentucky for 1996-97 (FCR 1) Mr. Hardymon, Chairperson of the Finance Committee, said that FCR I is the acceptance of the audit report for 1996-97. He recommended that the Board accept the University of Kentucky financial statements for the year ended June 30, 1997, consisting 7 - of the consolidated financial statement audited by Deloitte & Touche LLP, Certified Public Accountants, and includes the statements of the University of Kentucky and the affiliated corporations. He reviewed some of the items in the report and noted that for the first time state appropriations were less than 30% of the total revenue realized. He said that this is a clean report with no deficiencies, and the Finance Committee recommends approval. He complimented the financial staff for this fine report. On motion made by Mr. Hardymon, seconded by Mr. Chellgren and carried, FCR I was approved. (See FCR 1 at the end of the Minutes.) L. Report of Leases (FCR 2) Mr. Hardymon said that FCR 2 is the Report of Leases that the Board must accept. He noted that these leases do not exceed $30,000 in value and reviewed the specifics about each lease. He moved approval of FCR 2. His motion, seconded by Mr. Shoop, passed. (See FCR 2 at the end of the Minutes.) M . University of Kentucky Capital Request 1998-2000 (FCR 3) Mr. Hardymon said that FCR 3 recommends that the 1998-2000 Capital Request for the University System, the University Hospital, and the Community College System be approved for submission to the Council on Postsecondary Education. President Wethington said that Mr. Carter would give a full report that summarizes the biennial Capital Request for 1998-2000. Normally, there would be a complete biennial budget request to the Board at this time that would be capital and operating. As a result of the recent changes in higher education in the Commonwealth, the operating budget portion of the Capital Request will not be coming before the Board since there will not be a request sent forward for the next two years. The Capital Request does proceed as usual. The document distributed to the Board does summarize and delineate the capital construction requests for the University for this next year. It has a separate portion for the University System, the University Hospital and the Community College System. He asked Mr. Carter to review the Capital Request and give the particulars of the priorities for the University for the next two years for projects requesting funding and those projects for which the University is requesting authority. Mr. Carter began his report by stating that the Capital Request results from a comprehensive planning process that actually began in the fall, 1996. That year long planning actually results in not only this request but an administrative process in a six- year plan that is developed internally and then forwarded to the Capital Planning Advisory Committee in Frankfort. That Capital Planning Advisory Committee advises the legislature generally in terms of capital construction. - 8 - He explained that the capital plan is guided by the Strategic Plan that comes to the Board and is approved by the Board. Two of the priorities set forth in the Strategic Plan are insuring that the University's land, buildings and equipment are utilized effectively, that they are well maintained, improved, and managed in an environmentally-conscious manner and that quality library and information technology support, equipment and facilities appropriate to a leading public university be provided. Through a series of slides, Mr. Carter provided a summary of the Capital Request, reviewing each item and cost. In conclusion, he explained that the Capital Request would go forward, if it is approved by the Board, to the Council on Postsecondary Education. The Council on Postsecondary Education will then pass their recommendation and action to the governor and the legislature. President Wethington reminded the Board that this request is roughly the size of the scope of the request two years ago. The increase in the amount of the request is largely due to inflation and the cost of the prevailing wage requirements that are now placed on all public university projects in the Commonwealth. He said they would be pleased to respond to any questions. Professor Mather had a question pertaining to the portion of the budget for new programs and initiatives. He asked, "What is going to happen to this new initiatives phase now with this new type of budgeting?" President Wethington said that the approach is going to be somewhat different but, in certain respects, it is the approach that has been followed, through either reallocation or the attraction of resources from sources other than state support. He believes that through the University's own generation of resources, through the reallocation process, and through the incentive pool, the University will be able to pursue new initiatives in 1997-98, 1998-99, and beyond. Professor Mather clarified that a new initiative, not necessarily research and graduate education, will be funded through internal reallocation rather than new money to the base, and President Wethington stated that it was a fair assessment based on the information the University currently has. Mr. Hardymon moved that the 1998-2000 Capital Request for the University System, the University Hospital, and the Community College System be approved for submission to the Council on Postsecondary Education. The motion, seconded by Mrs. Bell, carried. -9- N. Philip Morris, Inc., Contribution (FCR 4) Mr. Hardymon said that FCR 4 recommends that the Board accept a gift of $314,000 from Philip Morris, Inc., of Richmond. Virginia, to the College of Agriculture. Philip Morris has been a major supporter of the College of Agriculture for many years and has contributed to the success of the college's research, instruction and service programs. He moved approval of FCR 4. Mr. Guthrie seconded the motion, and it carried. (See FCR 4 at the end of the Minutes.) 0. Estate of Margaret W. Peal (FCR 5) Mr. Hardymon said that FCR 5 recommends that the Board accept a bequest of $200,000 from the Estate of Margaret W. Peal for the W. Hugh Peal Book Endowment. Margaret Peal was a resident of Leesburg, Virginia and the widow of University of Kentucky graduate and library benefactor, W. Hugh Peal. In 1985 they donated a substantial portion of his private library of rare manuscripts and publication, valued at $5 million to the University of Kentucky Libraries. This bequest will be added to the W. Hugh Peal Book Endowment to enhance the Peal Book Collection. He moved approval of FCR 5. The motion, seconded by Mr. Chellgren, passed. (See FCR 5 at the end of the Minutes.) P. G. D. Searle & Company (FCR 6) Mr. Hardymon moved that the Board accept a gift of $100,000 from G. D. Searle & Company, Chicago, Illinois, for the College of Medicine. He said that G. D. Searle & Company made the gift in recognition of the work and international reputation of James E. Muller, M.D., Vice Chairman of the Department of Internal Medicine and Division Chief of Cardiology. This contribution is to support the College of Medicine's cardiovascular program and the Kentucky Heart Institute. Dr. Meriwether seconded the motion, and it carried. (See FCR 6 at the end of the Minutes.) Q. Establishment of Stites & Harbison Professorship of Law and Quasi- Endowment (FCR 7) Mr. Hardymon moved that the Board establish the Stites & Harbison Professorship of Law to be funded by gifts from Stites & Harbison, a Lexington, Kentucky, law firm, and establish a quasi-endowment fund with matching contributions from the College of Law. He reported that Stites & Harbison, a long-time supporter of the College of Law, has pledged $48,000 for the professorship payable in four annual installments of $12,000 through 2000. The law firm's total commitment to the professorship is $85,000, which includes $37,000 in previous gifts. When fully funded, the Stites & Harbison Professorship will provide a $10,000 annual salary supplement to a - 10- senior faculty member with special distinction. Professor Reedy seconded the motion, and it passed. (See FCR 7 at the end of the Minutes.) R. Governor Breathitt's Comments Governor Breathitt said that Mr. Chellgren had a very fine meeting prior to the Board meeting. He informed the new members of the Board that he had appointed an ad hoc transition committee, comprised of members of the Board and chaired by Mr. Chellgren, to work with the Governor's task force in the coordination of transition of the university's community colleges to the management under the new system. He expressed his appreciation to the committee, President Wethington, Chancellor Carr, and the entire administrative staff of the University for their very affirmative, proactive effort to coordinate and work with the Governor and the transition task force to accomplish the transition to reach the objectives of HB 1. He said, in his opinion, the university's administration should be commended. He called on Mr. Chellgren to give a report and be available for any questions. S. Ad Hoc Committee on Transition of Community Colleges Report Mr. Chellgren, Chairperson of the Ad Hoc Committee on the Transition of Community Colleges, said that the Committee has two broad missions: (1) to oversee the university's actions regarding this transition and (2) to ensure that the interest of the Board and the University are well understood and protected. He reported that the Committee had two extensive meetings before the August and September Board meetings and has been briefed thoroughly by the staff of the University in a number of particularly complex transition areas. The first relates to bonds issued by the University for the Community College System in the amount of $101.850 million. The University will still own the real estate and the improvements that were constructed with those bonds. The Board of Trustees remains responsible for those bonds. The trust indenture between the bond trustee and the University pledges community college student fees for payment of the bonds. Bond counsel has drafted a memorandum of understanding relating to the relationship between the University of Kentucky and the Kentucky Community and Technical College System regarding the respective roles of the two boards on these bond issues. He said it is also important for this Board to know that for existing bonds and for bonds which may be issued in the future, the bonding authority for the Community College System remains with the University of Kentucky Board of Trustees. Mr. Chellgren said that another area of some complexity in this transition is the area of private gifts and donations. All parties to the transition need to respect the endowment agreements with the donors regarding these private gifts. These community 11 - college endowments are currently being managed by the University pursuant to its standard investment practices. The endowment funds for the community colleges amount to approximately $7 million, and there is an additional $4 million held by the University in restricted accounts. Mr. Chellgren stated that there are many issues regarding past and future private gifts to the Community College System, and the transition team and administration will be paying close attention to those issues. Mr. Chellgren said a third major issue for the ad hoc committee relates to the budget. In terms of the Operating Budget, the University needs to carve out Lexington Community College from the balance of the Community College System budget and add it back to the university's budget. Another area of concern relates to capital projects on community college campuses. The Board of Trustees will have responsibility to review and approve future capital requests similar to the action on the 1998-2000 Capital Request budget. For the Biennial Budget request for the Community College System, the Board, however, acts more as a conduit. Mr. Chellgren then stated that another important issue is accreditation for the community colleges. On September 18, a Prospectus was sent by the University and the community colleges to the Southern Association of Colleges and Schools. The Southern Association will review the Prospectus to determine whether the community colleges still meet accreditation guidelines under the new management arrangement provided for by HB 1. The Ad Hoc Committee hopes that accreditation application moves smoothly. Although there are many issues relating to the accreditation process, it is the Committee's hope that those issues are resolved easily because of their overriding importance to students. Mr. Chellgren stated that another important area relates to those services which will continue to be provided to the Community College System by the University of Kentucky. It is anticipated that the University and the Kentucky Community and Technical College System Board will establish a written agreement to identify the services which the University will provide and the respective roles and responsibilities, legal and otherwise, of the two boards. He noted that the Kentucky Community and Technical College System Board is in the process of hiring a search firm for the president's position. In conclusion, Mr. Chellgren stated that he had the strong impression that although this is an enormously complex, multifaceted transition, the University's staff is taking a very positive, proactive, constructive attitude and is trying to make this as positive experience as possible, given the complexity and various facets of it. - 12 - T. Investment Committee Report Mr. Wilcoxson, Chairperson of the Investment Committee, reported for the fiscal year ended June 30, 1997 the University's endowment returned 22.8%. The median return for colleges and universities for that period was 19.1%, according to the University's consultants, Cambridge Associates. The UK endowment out performed the median return by 3.7%, which represents an outstanding result. Mr. Wilcoxson provided a summary of the endowment growth from 1992 to 1997. Beginning July 1, 1992, the endowment had a market value of $95 million. During the five-year period, $42 million was received as gifts, current income amounted to $28 million, distributions for spending was $32 million, and market appreciation amounted to $60 million. The $60 million in market appreciation is basically attributable to changes implemented in 1992, including the hiring of investment managers with contrasting styles, choosing common stocks as the dominant asset class, establishing a target asset allocation of 60% equity and 40% fixed income investments, and establishing a spending rule of 5% asset market value. It should be noted that this growth was achieved during the five-year transition period. Mr. Wilcoxson reported that the endowment market value at June 30, 1997 was $195 million, compared to the $95 million in July 1992, and during the month of August 1997, the endowment exceeded the $200 million mark. In conclusion, Mr. Wilcoxson said he believed the Investment Committee was strong and, in his opinion, the University is fortunate to have Mr. Henry Clay Owen and his staff to administer the day-to-day operation in accordance with the policies established by the Investment Committee. They have experience and capability and, in his opinion, there is no one better than Mr. Owen and his staff. Mr. Wilcoxson and the Investment Committee received a round of applause from the Board. U. Meeting Adjourned There being no further business to come before the Board, the Chairperson adjourned the meeting at 2:14 p.m. Respectfully submitted, Merwin Grayson, Jr. Secretary Board of Trustees (PR 2, 3A, 3B, 6A, and 6B; FCR 1, 2, 3, 4, 5, 6, and 7 which follow are official parts of the Minutes of the meeting.) PRi1 Office of the President September 16, 1997 PRESIDENT'S REPORT TO THE