IHL Aug. meeting highlights

http://www.ihl.state.ms.us/admin/downloads/BdAug05.pdf


Mr. Thomas W. Colbert and Ms. Amy Whitten were absent. (p.1)

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USM - Approved the initiation of IHL #208-262, Asbestos Abatement/Demolition, Hattiesburg Campus, for asbestos abatement and demolition of 12 buildings constructed in 1960-63 and the appointment of Allred-McNabb Architects of Pascagoula, Mississippi, as the project professionals. The project was initially undertaken based on an estimated cost of less than $250,000, but asbestos was discovered in the roofing material of the buildings causing the estimate to rise dramatically. The Board also approved the plans and authorized the advertisement for the receipt of bids. University funds in the amount of $750,000 will be used for this project. (p. 3)

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USM - Approved the request to settle the case styled Dr. Thomas M. Brewer v. USM, Board of Trustees of State Institutions of Higher Learning, Dr. Aubrey K. Lucas, Individually and Officially, Dr. G. David Huffman, Individually and Officially, and Harry C. Ward, Individually and Officially. (p. 5)

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Payment of legal fees for professional services rendered by Maxey Wann, PLLC (Statement dated 7/1/05) from the funds of The Board of Trustees of State Institutions of Higher Learning. (This statement represents services and expenses in connection with the IHL v. State case.) TOTAL DUE......................................................$2,970.85 (p. 5)

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System Administration - Proposed amendments to the Board Policies and Bylaws by replacing 403.0105 Appeals with new language and renumbering and amending 403.0105 Appeals to become 403.0106 Appeals of Faculty Terminations and Denials of Tenure to the Board of Trustees. (See Exhibit 6.) (THIS ITEM WAS PULLED FROM THE AGENDA.) (p. 8)

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Ms. Newton recognized Dr. Jay Grimes, Provost of the Gulf Coast Campuses and Director of the Gulf Coast Research Laboratory at The University of Southern Mississippi, who gave a brief report on the status of offering the Bachelor of Science in Business Administration in Tourism (emphasis: Casino and Resort Management, Restaurant Management). (p. 16)

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Ms. Newton appointed a Compensation Committee consisting of Ms. Robin Robinson (Chair), Mr. Ed Blakeslee, Dr. D. E. Magee, Mr. Bob Owens, and Ms. Amy Whitten. The committee is charged with devising a salary compensation plan for the institutional executive officers. (p. 16)

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A motion was made by Mr. Blakeslee, seconded by Mr. Patterson, to recommend that the Board approve the proposed amendments to Policy 901.03 Facilities Staff Responsibilities as referenced by committee agenda item #3 in the Board Book. The motion passed on a 3 to 2 vote. Committee members voting for the motion were: Mr. Ed Blakeslee, Dr. Bettye Neely, and Mr. Aubrey Patterson. Committee members voting against the motion were: Dr. D. E. Magee and Mr. Scott Ross. (p. 20)

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A motion was made by Mr. Patterson, seconded by Mr. Blakeslee, to recommend that the Board approve for first reading the proposed amendments to Policy 301.0806 Foundation Activities and the addition of Policy 801.15 Foundation Supplementation of Institutional Executive Officers’ Salaries which was further amended by the committee as referenced by committee agenda item #6 in the Board Book. The motion passed on a 4 to 1 vote. Committee members voting for the motion were: Mr. Ed Blakeslee, Dr. D. E. Magee, Dr. Bettye Neely, and Mr. Aubrey Patterson. Mr. Scott Ross voted against the motion. (p. 20)

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On motion by Ms. Whitten, with Ms. Robinson absent and not voting, the committee voted to close the meeting to determine whether or not it should declare an Executive Session. On motion by Ms. Whitten, seconded by Mr. Ross, with Ms. Robinson absent and not voting, the committee voted to go into Executive Session for the reason later reported by the Chair in Open Session and stated in these minutes, as follows:

Discussion of a legal matter at The University of Southern Mississippi.

On motion by Ms. Whitten, seconded by Mr. Ross, and unanimously passed by those present, the committee voted to return to Open Session.

On motion by Ms. Whitten, seconded by Mr. Ross, and unanimously passed by those present, the committee recommended that the Board approve the settlement of a negligence claim case styled Dr. Thomas M. Brewer v. USM, Board of Trustees of State Institutions of Higher Learning, Dr. Aubrey K. Lucas, Individually and Officially, Dr. G. David Huffman, Individually and Officially, and Harry C. Ward, Individually and Officially, as referenced by unanimous consent agenda item #6 in the Board Book. (p. 21)

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[price for each light fixture: $3600]

UNIVERSITY OF SOUTHERN MISSISSIPPI

The Board Staff approved and requested approval by the Bureau of Buildings for Change Order #2 in the amount of $14,429.80 for GS #108-210, Security Lighting Phase II. The change provided four Stenberg light fixtures and poles. Funds were available in the project budget.

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1102.01 RETENTION OF OUTSIDE COUNSEL [first reading]

...Approval by the Commissioner/IHL Board of Trustees. Following approval by the Attorney General, the University should prepare and submit an agenda item to the IHL Board of Trustees {new} through the Commissioner {/new} for approval. {new} Board approval includes approval of hiring the outside counsel and approval of paying the outside counsel. The agenda item shall include the specific hourly rate to be paid to the attorney(s) for which approval is requested, as well as the maximum amount budgeted for payment to the attorney/firm in the current and succeeding fiscal years. {/new} (p. 34)

...{new} The Board hereby authorizes the Commissioner, on the Board’s behalf, to approve an increase in the Board approved maximum amount budgeted for payment to outside counsel, by up to 25%, not to exceed a total contract amount of $250,000.00, and subject to approval by the Attorney General's Office, in the event the original Board approved maximum amount for payment is subsequently determined by the Commissioner to be insufficient to complete legal representation. Any increase in the maximum amount budgeted for payment which would exceed 25% of the amount already approved by the Board or cause the total contract amount to exceed $250,000.00 requires Board approval. {/new} (p. 35)

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801.15* FOUNDATION SUPPLEMENTATION OF INSTITUTIONAL EXECUTIVE OFFICERS’ SALARIES [first reading]

{delete}In order to maintain the Board of Trustees’ management relationship with the various institutional executive officers, no salary supplement for an institutional executive officer shall be paid by a university foundation without the prior approval of the Board of Trustees. Any proposed new foundation salary supplement, or change in an existing foundation salary supplement, is to be submitted to the Board for consideration in May of each year to go into effect the following fiscal year. Furthermore, t {/delete}*{new}The total amount of any and all salary supplements paid to an institutional executive officer by any foundation shall not exceed the state salary paid by the Board of Trustees to such institutional executive officer.{/new} (p. 45)