Board of Trustees

December 11, 2002

The University of Toledo
391st  Meeting
Board of Trustees
Wednesday, December 11, 2002
Student Union Room 2592 - 8:15 a.m.

The three hundred and ninety-first meeting of the Board of Trustees of The University of Toledo was held on Wednesday, December 11, 2002  at 8:15 a.m. in the Student Union Room 2592.

Ms. Joan Uhl Browne, Chair of the Board, presided and Mrs. Joyce M. Gregory, Executive Secretary to the Board, recorded the minutes.

The Chair of the Board requested the Executive Secretary to call the roll:

    Ms. Joan Uhl Browne
    Mr. C. William Fall
    Ms. Megan M. Mamarella, Student Trustee
    Judge Richard B. McQuade, Jr.
    Ms. Rebecca Mocniak, Student Trustee
    Mr. Robert C. Redmond
    Mr. Richard B. Stansley, Jr.
    Ms. Olivia K. Summons
    Mr. James M. Tuschman
    Mr. Hernan A. Vasquez

Constituting a quorum of the Board.

Dr. Daniel M. Johnson, President; Dr. Alan G. Goodridge, Provost and Vice President for Academic Affairs; Dr. Tyrone Bledsoe, Vice President for Student Affairs; Dr. Joseph Brennan, Executive Director for Public Relations; Mr. William R. Decatur, Vice President for Finance and Administration; Ms. Sandra A. Drabik, Vice President and General Counsel; Mr. Richard Eastop, Interim Vice President for Enrollment Services; Mr. Calvin Lawshe, Executive Director for Community Relations; Mr. David Lindsley, Interim Vice President for Information Technology; Mr. Michael O'Brien, Director for Intercollegiate Athletics; Ms. Sally Perz, Executive Director for Government Relations; Mr. C. Vernon Snyder, Vice President for Institutional Advancement; Professor Gerald Sherman, Chair of the Faculty Senate; Professor Penny Poplin Gosetti, Faculty Representative to the Board; Mr. Donovan Nichols, President of Student Government; Ms. Heidi Jenkins, Vice President for Student Government and Mr. Ryan Smith, THE BLADE were also present.

The following trustee was absent:

Mr. Daniel J. Brennan

1. President's Report - Exhibit A
 
President Johnson gave the following report.

Aswe begin this morning, I would like to welcome our newest member to the University of Toledo, Board of Trustees, Olivia Habib Summons.  Trustee Summons was selected by Governor Taft to replace Rhonda Brooks who recently moved out of state. 
 
Trustee Summons is director of public affairs for Sunoco's Toledo Refinery and a native of Toledo.  She serves on the boards of ProMedica Health System, the Ohio Educational Telecommunications Network Commission, the Toledo Public School Reform Committee, the Toledo Zoological Society and the Stranahan Foundation Trust.  She also is a member of the Rotary Club of Toledo and served on the UT Foundation board of trustees. 
 
Welcome, Olivia.  It is great to have you as a member of the University Board of Trustees.
 
Today, while we are welcoming our newest trustee, I have the sad duty to note that we are also loosing a long-term, key member of the Board of Trustees team, Joyce Gregory.  Joyce recently informed me that she plans to retire from her position as Secretary to the Board.  Joyce has served the University of Toledo for twenty years. 
 
I first came to know Joyce when I was being considered for this position.  She served as a member of the Presidential Search Committee team.  I came to appreciate her positive, up-beat, can-do attitude.  She has managed the office and the business affairs of the Board of Trustees in a highly professional manner and has always represented the university with integrity and dignity. Joyce will be moving to Florida upon retirement.
 
Joyce, on behalf of the administration and the whole university community, I would like to thank you for your many years of service to the Board of Trustees, but also the students, staff, faculty and administration.
 
Joyce, we would like to present you with some very small tokens of our admiration and respect and to wish you the very, very best in the years ahead.
 
For the past few days, there has been a "buzz" throughout the city and across the nation resulting from the announcement by President George Bush that he is planning to tap a Toledo native and University of Toledo economics graduate, John W. Snow, as the next United States Treasury Secretary.  We were very excited to read the news, as was all of Toledo.  Mr. Snow, CSX Corporation chairman earned his bachelor's degree in economics from UT in 1962, graduating magna cum laude.  Before this announcement by President Bush, Mr. Snow had accepted an invitation by the College of Business Administration to come to UT as part of its visiting executives program. We are all justifiably proud to have a UT alum nominated to serve in the President’s cabinet. We sincerely hope he will be able to come to UT when his new schedule permits. 
 
Sadly, this past month, as you know, there was a devastating fire at University Circle Apartments where several of our students resided.  You have received reports on the fire and many of you actually went to the site to inspect the burned out apartments.  My purpose in mentioning the fire is to note that we are continuing to work with the victims as they are trying to get their lives back to normal and complete their courses for the semester.  But I would also like for you to know that I am very proud of the way the university responded.  I can't mention all the members of the staff who were involved, there were so many.  But I would like to extend a special word of appreciation to a few of those who made up the response team.
 
I did not let them know I was going to recognize them today so some of them may not be here.  But if you are here, would you please stand as I mention your name:
 
Bill Decatur, Joe Brennan, Wayne Gates, John Dauer, Tobin Klinger, Al Comley and Ardenia Terry

For all of us, we want to thank you for your leadership in helping our students and the university respond to this crisis. Thank you very much!
 
I would also like to extend our appreciation to Mike Bell, Toledo Fire Department and the other fire departments that responded.  They did a magnificent job.  Likewise, the Red Cross was at the scene within minutes after the fire was reported and stayed with our staff and students to help them in any way needed.  We convey our deepest appreciation to Mike Bell, the Toledo Fire Department and to the Red Cross for the wonderful job they did in fighting this fire and helping our students.  Thanks!
 
With your Board agendas and other materials, you will find the December 2002, Points of Pride.  I urge you to review Points of Pride because it contains many, many more outstanding accounts of the accomplishments of our faculty and students.
 
As a footnote to our recent, successful NCA re-accreditation review, I received a letter last month from the Higher Learning Commission congratulating us but also asking if they might use the Report of the University of Toledo as a model for display at their 2003 Annual Meeting.  Other universities that are just starting their self-studies would use our Report as a guide or model for preparing theirs.  I thought you would like to know.
 
And finally, last Saturday morning, Elaine and I traveled with the Alumni Association on their bus to Huntington West Virginia to watch the Rockets defend our 2001 MAC Championship against Marshall University.  I would hazard a guess that 98% of the people in this room were either in Huntington or watching the game on ESPN and so you know the story. But, I have to tell you, this was one of the greatest collegiate football games I’ve ever watched!
 
But, more important than the game itself was the integrity, character, and dignity that our team displayed before, during and after the game. So many people came up to me after the game and said, "the University should really be proud of this great young team."  
 
Madam chair, I have invited our great coach, Tom Amstutz, to join us this morning so that our Trustees might have an opportunity to tell him in this public meeting anything they would like to say about the team, the game, the season, the Bowl game, or him.  And with your permission, I would like to just open the floor for a few minutes for any of our Trustees who would care to comment or make a statement to Coach Amstutz.  Following these comments, I would like to request a brief recess so that the Board can greet Coach Amstutz personally. 
 
Chair Browne stated that she has attended every game this year and expressed to Coach Amstutz how proud she was of him and the team on and off the field.  She noted that she received many comments after the Marshall game from fans expressing praise and respect for the Coach and the team.  

The trustees expressed thanks and appreciation to Coach Amstutz for his leadership.
 
At 8:40 a.m. the Board recessed to enable the members of the Board an opportunity to  convey their personal appreciation to Coach Amstutz.

The Board reconvened at 8:45 a.m.

2. Consent Items - Exhibit B

a) Approval of Minutes - October 30, 2002 and November 19, 2002
b) Faculty Personnel
c) Grants Report
d) Staff Personnel

Mr. Tuschman moved to approve the consent items as listed on the agenda a) through d).  The motion of Mr. Tuschman, seconded by Judge McQuade, to approve the consent items as described in Exhibit B, a roll call vote was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.

3. Approval Items - Exhibit C

a) Proposed Energy Savings Project

Mr. Stansley, Chair of the Committee on Finance/Administration & Facilities, explained that the proposed energy savings project had been discussed at the committee meeting and the committee recommended the amended resolution as described in Exhibit C.  It was explained that the resolution includes the provision that the administration report back to the committee on the request for proposal process prior to the award of the contract and that the University shall employ the competitive selection process required under R.C. Sec.3345.65. 

Upon the motion of Mr. Stansley, seconded by Mr. Fall, to approve the resolution for the proposed energy savings project as described in Exhibit C, a roll call was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Abstained
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  No

Motion passed.

Chair Browne requested that the administration provide the minutes from the committee meetings the day after the meeting to allow members of the Board an opportunity to review the minutes from these meetings before the Board meeting and also allow for the agenda to be posted on the web. 

b) Charter Schools

- Resolution:  Start-up Funds
- Policy on Sponsoring and Overseeing Start-up Community Schools
- Charter School Council Update

Mr. Stansley presented the information regarding the charter schools resolution and the proposed policy on sponsoring and overseeing start-up community schools as explained in Exhibit C.  Upon the motion of Mr. Stansley, seconded by Judge McQuade,  to approve the resolution for start-up funds, a roll call vote was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.

Mr. Stansley moved to approve the policy on sponsoring and overseeing start-up community schools, seconded by Judge McQuade, a roll call vote was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.
 
 Chair Browne requested a motion to suspend the requirement for the second reading for the enactment of the policy on sponsoring and overseeing start-up community schools, so that the policy can be effective immediately.  Upon the motion of Judge McQuade, seconded by Mr. Vasquez, to suspend the requirement for the second reading for the enactment of the policy on sponsoring and overseeing start-up community schools, so that the policy can be effective immediately, a roll call vote was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.

 It was noted that HB364 has passed the senate. This bill enables the University to transfer its oversight responsibility to another nonprofit body, with the consent of the school.  The bill has passed the senate, with the house conference committee confirming.   Dr. Johnson commented that this is the vehicle to accomplish our oversight responsibility and move forward.   We have done everything we intended to do and commended Ms. Drabik and her team for their efforts.  

c) Audited Financial Report Fiscal Year Ended June 30, 2002

 Mr. Stansley introduced Mr. Daniel Frick and Ms. Jeannie Lambert of Ernst & Young, LLP.  Mr. Frick presented a summary on the audited financial report for fiscal year ending June 30, 2002 and Ms. Lambert distributed and reviewed a report on the financial analysis ratio.

The motion of Mr. Stansley, seconded by Mr. Fall to accept the audited financial report for fiscal year ending June 30, 2002, a roll call vote was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.

The motion of Mr. Stansley, seconded by Mr. Fall, to accept the report to the committee on Finance required by AICPA Statement of Auditing Standards No. 61 Communications with Audit Commitments, a roll call vote was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.

d) Resolution:  Proposed Trustee Record Keeping Practice

Judge McQuade, Chair of the Committee on Trustees, noted that the proposed resolution described in Exhibit C.  The resolution clarifies the procedure for record keeping including  information trustees receive at home. 

Upon the motion of Judge McQuade, seconded by Mr. Stansley, to approve the trustee record-keeping resolution, a roll call vote was taken:

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.

e) Recommendation of Honorary Degree

President Johnson recommended Board of Trustees approval of Mr. James R. Findlay, Jr. be awarded the honorary doctor of business degree which would be conferred at the commencement on December 21, 2002.  This recommendation originated with the University’s Academic Honors Committee and has their full support. 

Upon the motion of Mr. Vasquez, seconded by Mr. Fall, to award Mr. James R. Findlay, Jr. the honorary doctor of business degree at the commencement on December 21, 2002 was unanimously approved.

4. Reporting - Exhibit D

a) Faculty Senate Report

Professor Gerald Sherman, Chair of the Faculty Senate, read the Faculty Senate Report which is attached in Exhibit D.

b) Student Government Report
 
Mr. Donovan Jenkins, Student Government President, read the Student Ggovernment Report which is attached in Exhibit D.

c) Project Status Report

This information is attached in Exhibit D.

d) FY2006 Housing Update

This information will be reported at a later meeting.

e) Financial Information

Mr. Decatur asked Ms. Dawn Rhodes, Associate Vice President for Planning and Analysis, to give a full overview of the budget as explained in Exhibit D.  She also distributed information for fiscal year 2003 budget update - the general fund budget vs. projected actuals.

Members of the Board requested information be presented at the February Board meeting on Gillham Hall.

f) Revised Board of Regents Capital Budget

This information will be reported at a later meeting.

g) University Circle Apartment Fire

This information has already been reported

h) Mandatory Health Insurance Policy Proposal

Ms. Norine Wasielewski, Director, Health and Wellness, gave a slide presentation on the mandatory health insurance policy proposal, which is attached in Exhibit D.  Discussion ensued regarding the proposal.   The motion of Chair Browne, seconded by Mr. Fall, to consider the first reading to stipulate that students be enrolled for six hours and requested the committee to come back to the Board with a process was unanimously approved.

5. Discussion

"AGB Statement on Institutional Governance and Governing in the Public Trust:  External Influences on College and Universities"            

Judge McQuade reported that the Committee on Trustees was given the charge by the Chair of the Board to lead a discussion on the above topic.  The Judge gave a slide presentation on the code of ethics and conflict of interest, which is attached as Exhibit E.

Judge McQuade noted that the committee would be discussing Board and Presidential Assessment.  A draft slide presentation would be prepared and forwarded to the committee for their review.  Any changes should be sent to Ms. Drabik and we will move forward at the next meeting.     

6. Other Business

Mr. Tuschman reported on his meeting with the Ohio Board of Regents in Columbus, Ohio on November 14, 2002.  (Report is attached)

7. Executive Session

At10:55 a.m. Chair Browne requested a motion for an executive session to consider the purchase of property.  Upon the motion of Judge McQuade, seconded by Mr. Redmond to enter into an executive session to consider the purchase of property, a roll call vote was taken: 

    Ms. Browne  Yes
    Mr. Fall  Yes
    Judge McQuade Yes
    Mr. Redmond  Yes
    Mr. Stansley  Yes
    Ms. Summons  Yes
    Mr. Tuschman  Yes
    Mr. Vasquez  Yes

Motion passed.

 At 11:30 a.m. the Board reconvened.  Upon the motion of Mr. Redmond, seconded by Mr. Vasquez, the Board reconvened with no actions being taken.

8. Adjournment

 There being no further business before the Board, upon the motion duly made and carried, the meeting was adjourned.

Last Updated: 3/22/15