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Post Info TOPIC: IHL July 2006 meeting minutes


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IHL July 2006 meeting minutes
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http://www.ihl.state.ms.us/ADMIN/downloads/BdJuly06.pdf

July 2006 meeting highlights:

Ms. Virginia Shanteau Newton was absent. (p. 1)

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System Administration - Approved the Academic Program Review. Thirty-nine (39) degree programs
have not successfully met the qualitative and quantitative standards applied during the academic
program review process. Thirty-seven (37) programs were recommended for three-year probation. A copy of this
list is included in the bound July 19, 2006 Board Working File. The following programs
were deleted: the Master of Arts in the Classics degree program (CIP 16.12) at The University of
Mississippi and the Master of Fine Arts in Studio Art (CIP 50.0702) at The University of Southern
Mississippi. (pp. 6-7)

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MSU requests permission to change the name of the University Honors Program to the Judy
and Bobby Shackouls Honors College. The name change request is in response to a pledge of
$10 million by Judy and Bobby Shackouls to endow the Honors Program. (p. 7)

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MVSU requests permission to change the name of the Honors Program to the Honors College
in order to develop and strengthen the honors program to better serve the needs of academically
committed students with high ACT/SAT scores and cumulative grade point averages over 3.20.
The new College will develop a leadership program, prepare students for graduate and
professional school, and provide challenging courses, seminars, forums, and colloquia. The
University has received a three-year Strengthening Education and Curriculum Development
grant from the United States Department of Education to fund the first two years of costs
associated with the creation of the Honors College. (p. 7)

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USM requests permission to change the name of the Department of Community Health
Sciences to the School of Rural Public Health. Because the present department curricula and
faculty research have a rural focus and community health and public health are interchangeable
terms, the name change will better reflect the practice and nature of the department. The
University will reallocate existing resources and use external sources to pay for this change.
(THIS ITEM WAS PULLED FROM THE AGENDA.) (p. 7)

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BUDGET, FINANCE & AUDIT AGENDA

...Mr. Blakeslee welcomed former IHL Board member Carl Nicholson who is a certified public accountant and
President of Nicholson & Company, PA in Hattiesburg, Mississippi. Mr. Nicholson attended the meeting to
address any questions the Board may have about the M.M. Roberts Stadium expansion at The University of
Southern Mississippi. (pp. 9-10)

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USM – Approved the bids and the award of a contract to the lowest of three bidders, DC General
Contractors, Inc., in the amount of $3,147,000 for IHL #208-256, Baseball Stadium Expansion. Funds
are available from The University of Southern Mississippi Athletic Foundation.

...USM - Approved the request to appoint Morgan Keegan as bond underwriter and Butler, Snow,
O’Mara, Stevens & Cannada, PLLC as bond counsel and to proceed with the sale of the bonds to finance
the project to expand M.M. Roberts Stadium. The Southern Mississippi Educational Building
Corporation (SMEBC) has approved the issuance of revenue bonds not to exceed $25,800,000 to help
finance construction of the expansion on the M.M. Roberts Stadium. (p. 12)

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System Administration - Request approval of a proposed amendment to Board Policy 901.03 Facilities
Staff Responsibilities for first reading. (THIS ITEM WAS PULLED FROM THE AGENDA.)

A motion was made by Mr. Blakeslee, seconded by Ms. Robinson, to approve the proposed
amendment to Board Policy 901.03 Facilities Staff Responsibilities for first reading. Upon further
discussion, Mr. Blakeslee withdrew his motion of approval and requested that the policy be
clarified and resubmitted for Board approval.

901.03 FACILITIES STAFF RESPONSIBILITIES

A. It is the responsibility of the Facilities professional staff to report items relating to building construction
and planning to the Board for their information and approval. The Board staff shall develop a manual of
specific procedures for dealing with building programs. This manual shall be approved by the Board and
distributed to the institutions for their use and be on file in the Commissioner's office.... (pp. 13-14)

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Payment of legal fees for professional services rendered by Purdie & Metz, PLLC (Statements
dated 4/28/06 and 3/31/06) from the funds of The University of Southern Mississippi. (These
statements, in the amounts of $388.12 and $31,890.89, respectively, represent services and
expenses in connection with the Davida Williams case.)
TOTAL DUE..................................................... $32,279.01

Payment of legal fees for professional services rendered by Gore, Kilpatrick and Dambrino
(Statements dated 10/25/05 and 12/31/05) from the funds of The University of Southern
Mississippi. (These statements, in the amounts of $27,028.91 and $21,297.64, respectively,
represent services and expenses in connection with the Davida Williams case.)
TOTAL DUE..................................................... $48,326.55


Payment of legal fees for professional services rendered by Adams & Reese (Statements dated
2/15/06, 4/12/06, 5/9/06 and 5/8/06) from the funds of The University of Southern Mississippi.
(These statements, in the amounts of $286.25, $368.30, $157.50 and $121.05, respectively,
represent services and expenses in connection with the DePree, Servedio, Servedio and Brewer
cases.)
TOTAL DUE....................................................... $933.10 (pp. 14-15)


...Payment of legal fees for professional services rendered by Bryan Nelson (Statement dated
4/19/06) from the funds of The University of Southern Mississippi. (This statement represents
services and expenses in connection with the Krell case.)
TOTAL DUE........................................................ $33.00 (p. 15)

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System Administration - Approved the proposed amendment to Board Policy 801.16 Foundation
Supplementation of Institutional Executive Officers’ Salaries for first reading.

801.16 FOUNDATION SUPPLEMENTATION OF INSTITUTIONAL EXECUTIVE OFFICERS’ SALARIES
COMPENSATION

[Passage to be added:] Furthermore, no form of additional compensation to an Institutional Executive Officer may be paid, provided or
increased without the prior approval of the Board of Trustees of State Institutions of Higher Learning. The request
for approval shall come through the Commissioner to the IHL Board.

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COMMISSIONER’S REPORT

...2. We are proceeding to establish the web casting capabilities for the Board meeting room so that the
Board’s work will be more transparent across the state and open to the public. We are not sure when
this process will be available maybe August or September. We are also exploring bringing video
conferencing capabilities into the Board meeting room. Everyone in the state has a stake in what
happens in this room. As particular items come up, people will be able to tune in on the internet. As
you know, the law has given the Board the ability, when necessary, to meet by video conference.

...4. The University of Southern Mississippi hosted 35 presidential scholars coming in this fall. This is the
largest group they have ever had. This group surpasses the former largest group they have ever had by
21 students. This is quite a significant accomplishment. There are 9 National Merit Scholar Finalists
and their average ACT score is 32. Congratulations Dr. Jay Grimes, Provost and Vice President of
Academic Affairs. (p. 24)

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On motion by Dr. Magee, with Ms. Newton absent and not voting, the Board voted to close the meeting to
determine whether or not it should declare an Executive Session. On motion by Ms. Whitten, seconded by Mr.
Owens, with Ms. Newton absent and not voting, the Board voted to go into Executive Session for the reasons
later reported by the President in Open Session and stated in these minutes, as follows:

Discussion of two litigation matters at the University of Mississippi Medical Center.
Discussion of a possible land transaction.
Discussion of personnel issues: one at Delta State University, one at Mississippi State University, one
at The University of Southern Mississippi and two at the IHL Board Office.

On motion by Ms. Whitten, seconded by Dr. Davidson, with Ms. Newton absent and not voting, the Board
voted to return to Open Session.

On motion by Ms. Robinson, seconded by Dr. Davidson, with Ms. Newton absent and not voting, the
Board approved the settlement of the tort claims cases #1188, styled as King vs. UMMC, and #895,
styled as Little vs. UMMC.

The Board discussed the possible land transaction. No action was taken.

On motion by Ms. Robinson, seconded by Mr. Colbert, with Ms. Newton absent and not voting, the
Board approved an increase in the foundation supplement for Dr. John Hilpert, President of Delta State
University, from $25,000 to $27,500 and an increase in the foundation supplement for Dr. Shelby
Thames, President of The University of Southern Mississippi, from $35,000 to $50,000. (p. 25)

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The Board Staff approved Change Order 1 in the amount of $33,288 with no change to the contract
time for GS #108-239, Bennett Auditorium ADA Repairs, and requested approval by the Bureau of
Building. Funds are available in the amount of $500,000 from Senate Bill 2988, Laws of 2003 (p. 33)

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Exhibit 3 Proposed amendment to Board Policy 301.0806 Foundation
Activities for first reading.

301.0806 UNIVERSITY FOUNDATION/AFFILIATED ENTITY ACTIVITIES

Purpose of Foundations and Similar University Affiliated Entities:
The requirements of this policy are to apply to all university development
foundations, research foundations, athletic foundations, alumni associations and all
other similar entities affiliated with any of our eight state universities. ... (pp. 34-36)



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info wrote:

http://www.ihl.state.ms.us/ADMIN/downloads/BdJuly06.pdf



Payment of legal fees for professional services rendered by Gore, Kilpatrick and Dambrino
(Statements dated 10/25/05 and 12/31/05) from the funds of The University of Southern
Mississippi. (These statements, in the amounts of $27,028.91 and $21,297.64, respectively,
represent services and expenses in connection with the Davida Williams case.)
TOTAL DUE..................................................... $48,326.55







I am very curious about this item and the individuals (actually just one of the individuals) listed for payment of legal fees for professional services rendered and that is Gore. Is there a different Gore involved in providing professional legal services to USM besides Lee Gore? And if it is Lee Gore, why is he listed as getting compensation outside of that little thing called his salary?

I have never understood why with an attorney on the permanent payroll the university keeps being allowed to spend scarce dollars on outside counsel. Now it appears that Lee is getting compensations above and beyond his salary.

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A moment's googling reveals that this is a firm with offices in Ridgeland and Grenada, and that "Gore" is Jay Gore III, one of the partners of the firm. According to Findlaw, they specialize in business, finance and tax law.

We need to have our ducks in a row before we light into people.

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LVN wrote:

A moment's googling reveals that this is a firm with offices in Ridgeland and Grenada, and that "Gore" is Jay Gore III, one of the partners of the firm. According to Findlaw, they specialize in business, finance and tax law.

We need to have our ducks in a row before we light into people.




Sorry that it sounded like I was "lighting into people"; just an inquiring mind with not enought time to google the answer to every question when someone else might have the info at their fingertips. That still does not address the question of why it is necessary to bring in outside counsel when there is an attorney on staff that is paid to do this job. btw, I know and actually like Lee Gore but also know that he is where he is because he 1)did not get tenure in, I think, accounting; and 2)is not a very effective litagator. Again, why do we pay him and then pay others to do what Lee is on salary to do?

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Maureen, those are good questions. That's $48K of our money, after all.
I'm sorry if my response sounded a bit snarky.

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I can't speak to all of the questions Maureen asks but a university counsel's job is more than litigation. It involves answering legal questions from the faculty senate, it involved this past year reviewing all of the some 300 contracts we have for internships, study abroad, etc. It also involves things such as responding to motions, deposing witnesses, and so forth.

Years ago Lee had an assistant counsel. She left and went to Birmingham, and she was never replaced. To compare, MSU has a university counsel, and two assistant counsels. If you're not going to hire an assistant, then you have to hire outside counsel. And if Lee is not the best litigator (and that's not unusual for attorneys in general--few are litigators), then you hire those who have more experience with litigation.

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