Montana Board of Regents

 of Higher Education 


Regular Meeting


March 24-26, 2004


The University of Montana-Western

710 S. Atlantic

Dillon, MT 59725

These Minutes were approved unanimously by the Board of Regents at the May 19-21, 2004 meeting in Havre, MT

Academic Affairs Items

Administrative/Budget Items

Student  Affairs Items  

Consent Agenda


10:00 a.m. � 12:45

Budget Committee Meeting � Swysgood Technology Center Great Room

1:00 � 4:00

Shared Leadership for Economic Development:  Joint meeting of the Board of Regents and Post-secondary Education Policy and Budget subcommittee � Swysgood Technology Center Great Room




The full Board convened at 7:30 a.m. 



Roll Call indicated a quorum present.


Regents Present:  Lynn Morrison-Hamilton, Vice Chair Christian Hur, Chairman John Mercer, Richard Roehm, Mark Semmens, Lila Taylor, Governor Judy Martz ex officio, and Superintendent of Public Instruction Linda McCulloch ex officio.  Also present was Commissioner Sheila Stearns

Regents Absent: None


      Regent Roehm MOVED for APPROVAL of the Minutes of the January 15-16, 2004 Regular Meeting in Helena, MT.

      The Minutes were APPROVED unanimously as amended on a 7-0 vote.

Governor Judy Martz formally introduced the newest Regent, Mike Foster.  She indicated he has been a teacher, legislator, commissioner of Labor and Industry, and her chief policy advisor.  He currently works as the Director of Advocacy for St. Vincent�s Hospital in Billings.  She knows him to be a capable and very wise man.

Governor Martz thanked John Mercer and Sheila Stearns for their leadership roles in the Shared Leadership for Economic Development process, indicating that economic development has consistently been her top priority.  She believes the Montana University System is a critical player in growing the economy and creating more good paying jobs.  The system has incredible resources that should be leveraged in this effort.  The Governor said she is excited that her office, the Legislature, the Board of Regents, Commissioner Stearns, and key leaders in the university system have teamed up to move the economy ahead.  She also thanked Senator Barkus for his leadership and support as the Chair of the Postsecondary Education Policy and Budget Subcommittee, which in partnership with the Board of Regents works to enhance the Montana economy.

Governor Martz commended the Board of Regents and Commissioner Stearns for appointing an independent panel to examine the problems with athletic budgets.  She indicated students should not be asked to cover the deficit, and she hopes creative and innovative solutions come from this situation.  The Governor also commended the efforts of the P-20 Committee to create a seamless transition through the entire educational system, and indicated her office would offer any needed help.



Report on Nursing Coordinating Group � Regent Roehm  Agenda 2/26/04    Minutes 2/26/04

Regent Roehm reported on the efforts of the Nursing Coordinating Group, indicating that the Hospital Association is doing a survey across the state to identify the types and numbers of nurses.  He expects to be able to give a report on the survey at the May meeting.  He noted that Angie Grove from the Legislative Audit Committee will do a performance audit of the Montana University System, and will be targeting transfer issues.  The Board welcomes her help.  Her report will be submitted to the Legislative Audit Committee in the fall.  The major choke point in the nursing programs is the clinical capacity.  The large hospitals are saturated, and only a few have the broad variety of experience needed.  Regent Hamilton thanked Regent Foster for participating and coordinating a conference call meeting with Shelby before he was officially a Regent.  She also noted that beside the clinical capacity shortage, they are looking at the quality of the nursing programs.  Deputy Commissioner Roger Barber indicated there is a concern that the LPNs want to upgrade their skills to make more money, but there is a great need for LPNs in health care.  There is also a question of what makes a good clinical setting.  Many graduates end up in rural health settings, and the State Board of Nursing did a study in Helena and will have a completed report by the end of March.  It will help in determining what are good clinical settings.  Another issue being worked out is a coordinated approval process of nursing programs.  A draft process has been developed which will require the approval of both the State Board of Nursing and the Board of Regents.  Historically, the State Board process has taken two years to approve new programs.  With adoption of the new process, it could be done as quickly as in three to six months.  Regent Semmens indicated he hoped the Nursing Coordinating group would not disband after presenting their recommendations.  He believes this group needs to stay on top of the various issues that regularly come before the industry.  Regent Roehm indicated he felt that no member of the group wanted to stop what they are doing.  He thanked Roger Barber for getting in the middle of an issue that had been studied for years with no action being taken.  Regent Foster noted the boom of technology that is happening in health care, and said it doesn�t end with nursing.  He emphasized the importance of the private sector and the Montana University System working together in the field of nursing, as they are in the area of economic development.  He believes there will probably be more clinical settings made available and they will be quality.  Regent Foster noted that there is a valid concern about the instructors in the nursing programs.  He wants to pursue with the nursing group how the private sector can help with this issue.  Roger Barber clarified that the survey being conducted focuses on many medical careers aside from doctors and pharmacists.  A second group will identify a facilitator to help develop core programs for the LPN and RN programs.  Regent Mercer said this is a classic example of shared leadership in action, and how the Board of Regents can make a difference.  He stated it could expand to almost all the problems across the state.  He requested that in future Agendas of the Board meetings, the items be identified with short lay titles for the benefit of the Board. 


ITEM 122-1007-R0104 - Approval of Proposal to convert the option in Medical Assisting in the Associate of Applied Science degree in Medical Office Technology to an Associate of Applied Science degree in Medical Assisting in the Department of Health Professions; The University of Montana�Missoula (College of Technology)  Summary

Regent Mercer asked for a recommendation on Item b.  Regent Roehm expressed concern that it doesn�t give specifics for the Regents to make quality decisions on resource allocations.  He requested the exact costs and efforts that will go into these programs.  Further, the efforts of the MUS should be committed to undergraduates.

    Regent Hamilton MOVED for APPROVAL of Item b.

Regent Semmens recommended the Budget Committee work on a better format for presentation of resource allocations on all proposals from the campuses.  He would like to see a logical flow of information, with revenues being shown first, and then expenditures.  He noted that no tuition revenues were shown in this proposal, and there is no way to understand exactly what dollars are coming in, and there should be a clear explanation of where funds are being reallocated from.  Roger Barber was able to obtain examples from other states of formats they use.  He indicated he, Rod Sundsted and Laurie Neils would try to come up with a recommendation.  The campuses also want guidance on exactly what information the Board wants.  Roger Barber explained that some program costs are very difficult to segregate from other programs when there is a combination of existing programs already available.  Regent Semmens asked if there was a tracking mechanism in OCHE that could look at the forecast and compare it to the actual outcome.  Roger Barber indicated there is not, but programs are reviewed every five years for low enrollment or graduation rates.  Regent Hamilton indicated she had looked at this proposal as an effort to update existing programs to make them more topical and attractive, and to better serve students needs.  She reminded the Board they need to be clear on their intent, because that kind of management of programs needs to be done at a level other than the Board.  Regent Mercer called for the question.

    MOTION approved unanimously on 7-0 vote

Regent Mercer indicated that this presentation issue should also be applied to Administrative/Budget items.


ITEM 122-1008-R0104 - Proposal to Convert the Associate of Applied Science Program in Practical Nursing to a Certificate Program in Practical Nursing and to Offer an Associate of Science Degree Leading to Licensure as a Registered Nurse; The University of Montana-Missoula, College of Technology  Summary

      Regent Hamilton MOVED to TABLE Item c.  pending completion of the Hospital Association survey and State Board of Nursing Clinical Capacity Study.


ITEM 122-1001-R0104 � Approval of Proposal to Offer a Doctorate of Philosophy degree in Anthropology, with specialization in Cultural Heritage Studies and Historical Anthropology in the Department of Anthropology; The University of Montana-Missoula   Summary

    Regent Roehm MOVED for APPROVAL of Item d. with comments

Regent Roehm asked how the system could take resources for a Ph.D program when there is a great need in the state for two-year education, work force development and a quality four-year education.  President Dennison explained the proposal was to establish a doctorate in cultural heritage, a niche program that fits the needs of the state.  They had an independent reviewer from UN-Reno review the proposal and his report indicates that it takes advantage of the strengths of the department, and he fully supports it since it would provide opportunities for students who take the course.  What is proposed will cost more for stipends for graduate assistants, with one being an allocation from the Provost�s office, and the department will generate external funds for others.  He noted this is also an opportunity to contribute to economic development in the state as shown in the letters of support.  Regent Roehm indicated that every time he reads the AGB documents, they ask how many Ph.Ds are really needed.  He believes the system is spending too much on doctorates when it should be focusing on work force development.  He talked about documents being handed out at the meeting instead of being included with the Agenda and that it is impossible to assimilate the information in that brief time.  He advised the campuses process their items early enough to have them included with the packets.  President Dennison indicated they look at these issues every time they prepare a program proposal, and the faculty in these programs will also be teaching undergraduate courses.  Regent Hur inquired about the $75,000 in federal funds as to whether it was new for this proposal or was somehow tapped from another program.  If it was tapped, he asked where it came from, why, and what detriment was caused by it.  President Dennison indicated that external funds have designated goals.  The proposals bring in the dollars that are used to implement them.  He explained the only state allocation was the stipend from the Provost�s office.  Regent Hamilton asked if this proposal helps meet the Indian Education for All requirement, and if the move of a tenure faculty to an administrative role means he will be replaced with a teaching assistant at the undergraduate level.  President Dennison indicated this proposal is related to what they are trying to do with Indian Education for All.  It also assists in collaboration with the other departments on campus.  Regent Semmens noted that the proposal indicates there are four positions available in Montana.  After those are filled, he asked what sorts of things these graduates would be doing in this state.  Dean Gerald Fetz indicated the Native American nations are controlling their own resources, one of those being cultural.  Under NPS they can develop programs and they already have done so at the Blackfeet, Rocky Boy, Crow and Cheyenne.  UM is intimately involved in training the individuals who will take over those programs.  There are also many federal and state lands requiring historical preservation, and many of the federal land managers indicate their jobs are becoming more and more complex, and they need to hire people with doctorates because that is what the 21st century requires.

    MOTION approved unanimously on 7-0 vote


ITEM 122-1003-R0104 - Approval of Proposal to Establish new Master of Science and Doctoral Degree programs in Neuroscience in the Department of Biomedical and Pharmaceutical Sciences of the School of Pharmacy and Allied Health Sciences in Collaboration with Montana State University-Bozeman; The University of Montana-Missoula (See Item 122-2013-R0104)   Summary
f. ITEM 122-2013-R0104 - Approval of Proposal to Establish new Master of Science and Doctoral degree programs in Neuroscience in Collaboration with the University of Montana; Montana State University-Bozeman  (See ITEM 122-1003-R0104)   ProposalSummary

    Regent Roehm MOVED APPROVAL of Items e. and f.

There was discussion on the funding, collaboration and accreditation of these items.

    MOTION approved unanimously on 7-0 vote

g. ITEM 122-1004-R0104 - Approval of Proposal to Offer a new Doctorate of Philosophy degree in Biomolecular Structure and Dynamics within the College of Arts and Sciences; The University of Montana-Missoula   Summary

    Regent Hamilton MOVED APPROVAL of Item g.

There was discussion on the funding of this item.  Regent Mercer indicated this is the way to bring outside dollars into Montana through federal grants.  Regent Hamilton sees this as an opportunity for Montana to grow its own by buying graduate students with federal dollars, and a number of those will convert to teaching faculty and have a direct impact on the quality of the program.  Regent Mercer said this type of funding puts Montana in the position to outsmart the world, with both natural resources and brainpower, which is a clean industry.

    MOTION approved unanimously on 7-0 vote

h. ITEM 122-1009-R0104 - Approval of Proposal to offer an interdisciplinary Minor in Nonprofit Administration in the Department of Political Science; The University of Montana-Missoula   Summary

    Regent Roehm MOVED APPROVAL of Item h.

    MOTION approved unanimously on 7-0 vote

i. ITEM 122-1021-R0104 - Approval of Proposal to offer an interdisciplinary Master of Arts degree in Intercultural Youth and Family Development in the College of Arts and Sciences; The University of Montana-Missoula   Summary   

    Regent Hamilton MOVED APPROVAL of Item i.

    MOTION approved unanimously on 7-0 vote

j. ITEM 122-2014-R0104 - Authorization to Establish a Minor in Military Studies; Montana State University-Bozeman   Proposal   Summary

    Regent Roehm MOVED to DEFER Item j. to the May 20-21, 2004 meeting

k. ITEM 122-2703-R0104 - Approval of Proposal to offer a Minor in International Studies in the College of Arts and Sciences; Montana State University-Billings  Budget   Summary

    Regent Semmens MOVED APPROVAL of Item k.

    MOTION approved unanimously on 7-0 vote

The meeting recessed for a 15 minute break and reconvened at 10:20 a.m.
l. ITEM 122-1005-R0104 - Approval of Proposal to Establish the Montana Avian Science Center within the Division of Biological Sciences; The University of Montana-Missoula   Summary

    Regent Hamilton MOVED APPROVAL of Item l.

    MOTION approved unanimously on 7-0 vote


Proposal and motion to establish an Academic/Student Affairs Committee � Regent Roehm

     Regent Roehm MOVED to reestablish the Academic and Student Affairs Committee as a standing committee.

Roger Barber has been gathering information from other states on how they handle this issue.  It was agreed that there are many big picture items relating to the Board meetings that need the same consideration, and it will take some time with the limited staff in the Commissioner�s office to bring forth suggested solutions.  The Academic/Student Affairs issue will be addressed first.

     Regent Roehm AMENDED his motion to remove �as a standing committee�, and requested the committee mirror the Budget Committee in overview activities, with the opportunity to make changes to the outlined description of the committee at the May, 2004 meeting

Regent Mercer stated he wanted the budget forms for both the Academic and Budget items solidified in the near future.

     MOTION approved unanimously on 7-0 vote


Transfer Student Surveys - Roger Barber  MSU  MSU-B  MSU-N MT Tech  UM  UM-W

Although the present survey report was not presented consistently throughout the system, the next round will contain common information with the option to supplement with additional information if the campuses are so inclined.  The two-year colleges will also be included at that time.  Roger Barber explained the two most common problems are how the information is used when the student arrives on campus, and if there is no credit for transfer from other campuses.  The Legislative Audit Committee has authorized a transfer audit, and Angie Grove will be doing the audit of the campuses.  The focus will be on system-wide policy and procedures, with nursing, engineering and business being included.  A draft report is anticipated this fall.  This is a good opportunity to delve deeper into these issues.  Recommendations will not be made to the individual campuses, but she may be able to develop a list of best practices from the campuses.



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Staff Items:
a. ITEM 122-100-R0304 � Staff; Office Commissioner of Higher Education
b. ITEM 122-1000-R0304 - Staff; The University of Montana-Missoula
c. ITEM 122-1009-R0304 - Authorization to Confer the Title of Professor Emeritus of Journalism upon Greg MacDonald; The University of Montana-Missoula
d. ITEM 122-1500-R0304 - Staff; Montana Tech of The University of Montana 
e. ITEM 122-1500A-R0304 - Staff; Montana Bureau of Mines & Geology
f. ITEM 122-1600-R0304 - Staff; The University of Montana-Western
g. ITEM 122-1900-R0304 - Staff; The University of Montana-Helena College of Technology
h. ITEM 122-2000-R0304 - Staff; Montana State University-Bozeman
i. ITEM 122-2001-R0304 - Authorization to Confer the Title of Research Professor Emeritus of Microbiology upon Keith Cooksey; Montana State University-Bozeman
j. ITEM 122-2002-R0304 - Authorization to Confer the Title of Professor Emeritus of Extension upon David Streufert; Montana State University-Bozeman
k. ITEM 122-2003-R0304 - Authorization to Confer the Title of Professor Emeritus of Microbiology upon Clifford W. Bond; Montana State University-Bozeman
l. ITEM 122-2300-R0304 - Staff; Agricultural Experiment Station
m. ITEM 122-2400-R0304 - Staff; Cooperative Extension Service
n. ITEM 122-2700-R0304 - Staff; Montana State University-Billings
o. ITEM 122-2701-R0304 - Authorization to Confer the Title of Professor Emeritus of Communication and Theatre upon Professor Victoria Tait Coffman; Montana State University-Billings
p. ITEM 122-2702-R0304 - Authorization to Confer the Title of Professor Emeritus of Educational Theory and Practice upon Professor Marlene LaCounte; Montana State University-Billings
q. ITEM 122-2703-R0304 - Authorization to Confer the Title of Professor Emeritus of Philosophy upon Professor George A. Benedict; Montana State University-Billings
r. ITEM 122-2800-R0304 - Staff; Montana State University-Northern

      Regent Hamilton MOVED APPROVAL of Items a. through r.

      MOTION approved unanimously on 7-0 vote

Labor Agreements/Other:
a. ITEM 122-105-R0304 - Approval of collective bargaining agreement with AFSCME, Local 2235, Montana State University-Northern   Memo    Agreement
b. ITEM 122-106-R0304 - Approval of collective bargaining agreement with Vocational-Technical Educators of Montana    Memo    Agreement
c. ITEM 122-107-R0304 - Approval of memorandum of understanding with Montana University System Maintenance Painters Union    Memo    Agreement
d. ITEM 122-108-R0304 - Approval of memorandum of understanding with Print, Publishing & Media Sector of the Communications Workers of America, Local 14740, & Graphic Communications International Union, Local 242-C   Memo   Agreement

      Regent Semmens MOVED APPROVAL of Items a. through d.

      MOTION approved unanimously on 7-0 vote

Academic Items:


ITEM 122-102-R0304 � Perkins Quarterly Report � Arlene Parisot - Information Item  Attachment


Level I Memo
    No action was needed on Items a. and b.
Administrative / Budget Items:


ITEM 122-101-R0304 � Revise Montana University System Honor Scholarship Program



ITEM 122-104-R0304 - Improving Efficiency by Streamlining Reporting Requirements

Attachment 1     Attachment 2    Attachment 3    Attachment 4    Attachment 5   Attachment 6


ITEM 122-301-R0304 - Budget Amendment � Fiscal Year 2004; Flathead Valley Community College


ITEM 122-2705-R0304 - Authorization to Expend Student Computer Fee Allocation; Montana State University-Billings


ITEM 122-1501-R0304 - Authorization to Replace Windows, Tuck-Point Brick Windowsills, and Repair/Refurbish Exterior Concrete Fenestrations and Roof Parapet Cap to the Petroleum Building; Montana Tech of the University of Montana   Attachment


ITEM 122-2706-R0304 - Authorization to Renovate Portions of Alterowitz Gymnasium; Montana State University-Billings   Attachment

      Regent Semmens MOVED APPROVAL of Items a. through f.

      MOTION approved unanimously on 7-0 vote

The meeting recessed at 11:30 and the Board went directly into Executive Session.

The Board met for Lunch with Student Representatives at noon, followed by a meeting with Classified Staff 

The full Board reconvened at 2:05 p.m.

Linda McCulloch arrived for the balance of the meeting.  Representative Debbie Barrett was also present.



The University of Montana Athletic Deficit   Chronology

Regent Mercer advised that a qualified panel had been assembled and they will gather facts regarding the UM Athletic deficit and present recommendations that will be implemented across the system.  He cautioned not to undermine the work of the panel during the discussion today.  President Dennison indicated the Question and Answer sheet in the Agenda had also been presented to the Panel.  He gave a brief chronology of the events in the deficit, and the plan to eliminate it.  He noted there is no fee or tuition increase related to the deficit elimination.  He indicated they would try to find ways to reduce expenditures, and increase revenues.  There may be an increase in season tickets.  President Dennison explained he did not make an announcement of the deficit at an earlier date because he did not have all the facts, and experience has shown him that what can be originally reported as a possible problem, may be no problem at all.  Regent Semmens referred to the Question and Answer sheet, and noted several items were on controls, and it appears the controls were inadequate.  He expects to see a strong focus on accounting and budget controls, and hopes that this is not used as a sweeping indictment of The University of Montana or the system.  The test is not for infallibility but to deal with problems when they are found.  President Dennison indicated they have already found some problems that will be changed.  However, there were new problems that had never happened before, and issues that should have been addressed differently.  There will be a different reporting hierarchy of the fiscal officer for some time.  He indicated that there was no blame on the Foundation and its donors, since there was a separation between the two in regards to accounting.  This made the situation more complex, and as already mentioned, there will be some changes made.  Regent Mercer expressed his gratitude to the GSA for the help they give, and indicated they have a member on the panel.  He asked President Dennison how often the revenues and expenditures are reviewed as they change almost daily.  President Dennison responded �weekly.�  He also noted that if any cost centers on campus that achieve savings want to allocate those savings to the deficit, his office would be glad to help them.  He will have an outline of the specifics in the deficit reduction plan at either the May or July Board meeting, and it will include a cushion for any contingency.  It will also include an outline of the monitoring process.  Regent Mercer stated people are troubled by the wasteful spending issues, and he appreciates that will be taken care of.  There is tremendous support for the athletic program, and he does not believe this issue has eroded that support as long as the System continues solving it in the current manner.  The MUS has taken an extra step in asking others in the state to help solve the problem since the system may not be able to do it alone.  He thanked President Dennison for the additional information he will provide, and for being fully open with the Panel.

Montana State University Athletic Deficit

President Gamble said that when he came forward with their deficits at previous meetings, he was going to try to establish a stable base budget.  They are still working on their plan.  He reported a $300,000 one-time expenditure on the scoreboard, but there is a second part which is the persistent operating deficit of $140,000 that may exist in athletics.  This relates to what should be the stable base.  They may have set the bar too low, and as they go into 2004 there are increases from injuries, insurance, etc. over what was projected.  There are increased travel costs, fuel and accommodations causing some worsening of the operating deficit.  Further, they hired a full time athletic director rather than an interim, and one full time person to work on budgets.  Due to accreditation issues, it was also necessary to bring in a men�s sport for gender equity, and those costs have caught up with them.  Athletics is now required to meet monthly with the Vice President of Finance and Administration to go through the budget in detail.  However, in the short run, it will be on a weekly basis.
Memo regarding Mandatory Fees

ITEM 122-1014-R0304 - Approval of Fee Increases/Decreases for AY 2004-2005 The University of Montana-Missoula  Inventory of Fees

Regent Mercer indicated that all of the fees would be acted on at the May meeting, rather than this one.  He asked what things the Board wanted flagged, and indicated the fees should be presented every two years with the tuition requests, rather than every year.  Commissioner Stearns said she may have misled the CEOs because she told them they would have to be approved at this meeting.  She asked if anyone knew if any of these fees did need to have action at this meeting.  Rod Sundsted indicated he had expected the fees to be acted on at this meeting, so they could bring a full budget package back to the Board in May.  The fees presented today are the more significant ones, and he hoped they could work them out at this meeting.  Regent Roehm indicated he wanted to comment on the whole budget at one time.  Regent Mercer indicated they would listen to proposals and comment, and then act in May.  Regent Roehm indicated that some of the fees presented did not conform to the guidelines established by the Board in 2000.  Some are up 8 to 11 percent.  He asked either the Tuition Committee or the campuses to report at the May meeting on the impact of these fees.  Some increases were held off for up to ten years due to the increases in the overall tuition costs.  They now reach to 150% increase which is shocking to the Board and students.  It was recommended that in the future, fees be brought forward every two years, with incremental increases, rather than being held back for a number of years. It was also suggested that a certification process be implemented on the campuses, with all units doing incremental increases that will be scrutinized on a regular basis.  Regent Mercer recommended the Board provide global guidelines to the campuses for future increases.

The Board took a break at 3:30.

The Board reconvened at 4:00 p.m.


ITEM 122-1502-R0304 - Authorization to Increase or Implement Fees; Montana Tech of The University of Montana   Inventory of Fees

Chancellor Gilmore indicated the increases were submitted to the Student Senate and they gave unanimous approval, however when the vote went to the student body, they were all soundly defeated except for one.  Also included was a fee of $150.00 for LPNs in the clinical setting since they need to maintain a teaching ratio of 10:1.  Regent Semmens indicated the nursing proposal had come before the Board relatively recently, and the Board had requested revenues and expenditures for the program, but he did not remember this $150 requirement being brought to their attention.  Susan Patton explained it was an error on her part, since there should have been a more accurate valuation of clinical costs.  She made a calculation error.  Chancellor Gilmore indicated he didn�t believe this fee had been presented to the nursing students.  The current students will not be affected, as they graduate in the summer.  The students entering in Fall of 2004 will be affected.

ITEM 122-1602-R0304 -  Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees for FY05; The University of Montana-Western  Inventory of Fees

Interim Chancellor Karl Ulrich indicated all their proposed fees were reviewed and approved by the Student Senate.
f. ITEM 122-1901-R0304 - Approval of Fee Increases/Decreases for AY 2004-2005 The University of Montana-Helena College of Technology   Inventory of Fees
Dean Hoyle indicated they had no dissensions from the students or the Student Senate on their proposed fees.
g. ITEM 122-2006-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees, and Auxiliary Fees for FY05; Montana State University-Bozeman
President Gamble indicated the fees are first reviewed at the department level, followed by the Student Senate, and there were negotiations that changed or eliminated some.  They were then presented to his office.  Provost Dooley noted that two groups of fees had been flagged by OCHE.  One was in technical education, where the students were consulted and supportive for equipment replacement and upgrades.  There was also the necessary upgrade of the G.P.S. software which much be done every year, and is very costly.
h. ITEM 122-2709-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees, and Auxiliary Fees for FY05; Montana State University-Billings
Chancellor Sexton stated that the proposals are developed at the department level, taken to leadership, then the senate, followed by the student body.  He pointed to two increases the Board should know about, one being the late registration fee, and the other the transcript fee.
i. ITEM 122-2802-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees, and Auxiliary Fees for FY05; Montana State University-Northern  Inventory of Fees
Chancellor Capdeville noted they present all of their fees to the Student Senate.  They are all straightforward, but he wanted to remove Metals 148 and 149 from their inventory.
j. ITEM 122-2851-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees for FY05; Montana State University-Great Falls Inventory of Fees  Student Letter
Dean Moe said they have no huge increases, but they need accessibility in Great Falls.  The students on the Tech Committee made the decision on the e-mail fee, then it was approved by the leadership team, and finally Student Senate approved it.  There is a mistake in their letter of approval.  Where it shows 13% increase, it should be 12%.  Regent Mercer asked if the Board wanted to set broad boundaries at that time, or take it up on Friday.  Since Robert Duringer had bonding people present on their bond item, it was agreed to take that item up next, and to return to the fees on Friday after Student Affairs.  Regent Mercer requested that anyone with ideas for the fees address the CHE staff.

ITEM 122-1015-R0304 � Authorization to Proceed to issue Series I 2004 Bonds for Refunding and New Money Issue; The University of Montana-Missoula   Attachment 1   Attachment 2    Attachment 3    Attachment 4    Attachment 5    Attachment 6  Attachment 7

      Regent Hur MOVED APPROVAL of Item l.

Regent Semmens recused himself from the vote on this item due to conflict of interest.  Craig Jones, D.A. Davidson staff member, answered questions on the advisability of this item.  There will be large savings accorded to the campus through the favorable interest rate at this time, and the improvement to the building will also generate many more dollars from research grants.  Robert Duringer handed out a list of deferred maintenance items that will be addressed, how the appropriations are going and what the future shows.  O&M will not be requested from the State, since research should be paying for itself through the grants. 

      MOTION approved unanimously on 6-0 vote with Regent Semmens abstaining

The meeting recessed at 5:25 p.m.

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FRIDAY, MARCH 26, 2004

The Board reconvened at 8:25 a.m.


a. Student Reports (30 Minutes)
Please see attached Reports and Student Resolutions
b. ITEM 122-110-R0304 � Amend Policy 940.24 MontPirg � Regent Hamilton

      Regent Hamilton MOVED for APPROVAL of Item b.

Regent Hamilton noted that the students had done a marvelous job of reaching a compromise on this item as requested by the Board.  She pointed out it permits UM to continue with MontPirg, and the other campuses can do what they want.  MontPIRG has many programs it is working on such as solid waste and recycling, privacy, tenant-landlord issues, broad conservation issues, clean affordable energy, as well as many others.  The opportunities offered students are endless and exciting.  She said the PIRGS have been lightening rods for years, especially when their issues are not represented by moneyed groups.  She believes there should be permissive guidelines for student groups for consistency and accountability.  Because of the long tradition of MontPIRG at UM, she encouraged the Board to support the compromise.  Matt Singer, sophomore at UM indicated the students have spoken clearly, and they endorse this policy.  The group helps create strong citizens.  The Supreme Court has recognized these groups as independent student, non-partisan groups.  Internships which are available only through MontPIRG have been used this year to earn 105 credits at UM.  Last November they gave two proposals to the Board, one system-wide, and the other UM only.  At that meeting, the Board requested a better proposal.  The new proposal gives ASUM authority, limits it to UM, and maintains a neutral viewpoint, choice, equality, and local control.  Following the controversy over this policy, 1100 more students have joined MontPIRG in the last few weeks.

The following students spoke in support of the compromise proposal:

Vincent Pavlish Student Senator

Aaron Flint President ASUM

Casey Morton Junior

Cody James Pope

Gail Price Vice President ASUM

Jace Christianson Junior

Alex Roberts Sophomore

Kimberly Kappas Student Senator

Denver Henderson Sophomore

Math Singer Senior

Chris Cisneros Junior, Student Senator


The following students spoke against adoption of the compromise proposal:

Dustin Cross former Senator

Jack Eaton

Will Hulz Student Senator

Dustin Frost

Emily Jones Student Senator

Regent Semmens thanked the students, indicating he supports the policy but proposed one amendment.  He indicated there are clear benefits from the experience gained through these opportunities, which are distinct from funded student activities, and the system is founded on a combination of mandatory and voluntary levels of fees.  This has worked for more than 20 years, and there are many supporters for this compromise and for MontPIRG.  This is a good faith issue, since the Board asked the student leaders to go back and develop a compromise and they have done that.

     Regent Semmens MOVED to AMEND Item 1 from �Montana University System� students to read �The University of Montana-Missoula� students

     Regent Hamilton accepted the amendment.

     Item b. was APPROVED as amended on a 6-1 vote with Regent Roehm dissenting.

The Board took a ten-minute break.

The Board reconvened at 10:40 a.m.

c. ITEM 122-103-R0304 � Repeal of Policy 940.24 � Collection and Remittance of Fees for Student, Non-profit and Non-partisan organization; The University of Montana-Missoula � Regent Roehm  Letter from Students

       Regent Roehm MOVED to RESCIND Policy 940.24 as just amended.

Jake Eaton supported the motion stating it is a fee policy, not a MontPIRG policy.  Matt Singer told the Board they had made a good decision on item b., stating they had turned in a lemon for a new car.  He didn�t know why they would consider trading that new car in for nothing.  Gail Price stated the processes in the policy were not detailed in order to prevent wrangling over them when circumstances change.  It is overseen by President Dennison, and is not left altogether in the hands of students.  Aaron Flint requested the Board to please keep the policy they had just passed.  Vincent Pavlish believed it would be difficult for a small faction to take over, but this sounds like a charge to reconsider.  Emily Jones on behalf of Forward Montana urged the Board to adopt this item.  Matt Singer indicated he was disappointed that Forward Montana now supports the repeal, since they wanted the student government to work hard to open the policy up to more groups.  He believes they lived up to their half of the bargain, while Forward Montana walked away from the table.

     Item c. was APPROVED on a 5-2 vote with Regents Hamilton and Semmens dissenting.

d. Draft Letter to Congressional Delegation � Discussion Item � Student Regent Hur
Regent Roehm requested the students be sure the details listed in their letter were accurate.  Further, he requested they work with Commissioner Stearns to edit the letter.  Regent Hur indicated the students should bring the corrected letter back to the May 20-21, 2004 meeting.


MCA 2-3-103. Public participation ...The agenda for a meeting, as defined in 2-3-202, must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the agency conducting the meeting. However, the agency may not take action on any matter discussed unless specific notice of that matter is included on an agenda and public comment has been allowed on that matter�

Senator Butcher spoke about the lack of full transfer of credits between units of the MUS.


Regent Mercer indicated he had received a call from a mother whose daughter had been raped, and she asked him to bring a public letter to the Board.  He would not read the letter publicly, but publicly handed it to the Board with all names blacked out.  President Dennison indicated he would be writing a response to the Commissioner which he would make available to the mother and the Board.


Regent Mercer asked the Commissioner and Chief Legal Counsel for help in determining the role of the Board in connection with problems raised about community colleges.


Memo regarding Mandatory Fees

ITEM 122-1014-R0304 - Approval of Fee Increases/Decreases for AY 2004-2005 The University of Montana-Missoula  Inventory of Fees


ITEM 122-1502-R0304 - Authorization to Increase or Implement Fees; Montana Tech of The University of Montana   Inventory of Fees


ITEM 122-1602-R0304 -  Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees for FY05; The University of Montana-Western  Inventory of Fees

f. ITEM 122-1901-R0304 - Approval of Fee Increases/Decreases for AY 2004-2005 The University of Montana-Helena College of Technology   Inventory of Fees
g. ITEM 122-2006-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees, and Auxiliary Fees for FY05; Montana State University-Bozeman
h. ITEM 122-2709-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees, and Auxiliary Fees for FY05; Montana State University-Billings
i. ITEM 122-2802-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees, and Auxiliary Fees for FY05; Montana State University-Northern  Inventory of Fees
j. ITEM 122-2851-R0304 - Authorization to Increase Mandatory Fees, Miscellaneous and Course Fees for FY05; Montana State University-Great Falls Inventory of Fees  Student Letter
Regent Mercer stated that no action would be taken on the above items at this meeting, but at the May meeting.  Further, he recommended looking at mandatory fees every two years with the tuition instead of every year, unless there are new fees.  Rod Sundsted referred to the Task Force on Fees report in which one recommendation was for an internal audit every two years, giving the balance, and structure for student input.  This is the first year for the report.  He is hopeful it will provide some guidance, and stated the CHE staff don�t have the time to go out and look at each fee and fund balance.  Mr. Sundsted expressed concern over the nursing fee of $150, and said it should be removed.  He noted also the fees set by policy need to be removed, those being the fees for transcripts and late registration.  The software replacement fee at Billings has increased dramatically in three years, and he stated the benefits accrue to business and the community, as well as students.  The most difficult for him was the graduation fee at Bozeman.  Mr. Sundsted recommended capping building fees at 4.25 percent.  Regent Mercer also wanted to see the building fee capped at 4.25%.  Regent Semmens addressed the process of student input for fees in particular classes.  He asked if the $150 LPN fee was really necessary, and stated he wanted to hear from the students on that fee.  He noted the campuses are indicating these fees are truing up the costs.  He wants them to come to the May meeting with detailed information on fees that actually match the cost, and those that don�t match the cost (and the reason, i.e., no change in many years, inflation, etc.) so the Board will be able to understand where the fees were and why, when they are increased the next time.  Regent Roehm encouraged bringing the fees forward every two years with the tuition, and also advised a gradual increase.  Regent Mercer asked if the campuses should present these items in May as they have proposed them today, subject to amendment; or as outlined by the Board and Rod Sundsted today, to rein in the increases and present amendments to increase more that could be considered.  Regent Semmens indicated they should use the existing fees as the base.  They need to do an internal scrutiny to see if they are true to costs, and urge they work with Rod Sundsted to come up with a joint proposal.  Regent Foster requested Rod Sundsted provide the Board with his memo outlining his recommendations of today.

ITEM 122-109-R0304 � Amend Policy 901.9 Campus Affiliated Foundations

Item k. was deferred to the May 20-21, 2004 meeting.

ITEM 122-1010-R0304 - Planning for New Futures Park; The University of Montana-Missoula

Regent Hur MOVED for APPROVAL of Item m.

Item m. was APPROVED unanimously on 7-0 vote.


ITEM 122-2004-R0304 - Authorization to Enter into a Time-limited Access License with Dick Clotfelter, Stephan Forte, and Casey Tolliver for use of the Museum of the Rockies Entry Drive; Montana State University-Bozeman  Attachment 1  Attachment 2

     Regent Semmens MOVED for APPROVAL of Item n.

     Item n. was APPROVED unanimously on 7-0 vote.


ITEM 122-2005-R0304 - Authorization to Construct a New Chemistry/Biochemistry Research Laboratory Facility through a Sale of Bonds, to Which Federal Grant & Contracts F&A Revenues will be Pledged; Montana State University-Bozeman   Attachment

Regent Mercer indicated the Governor�s Office had some problems with this item.  He requested the campus to work with the Governor�s Office before the Board takes action.  President Gamble noted it does require the Governor�s approval to move ahead.  The initial concern of the Governor�s Office was for O&M on this project.  Provost Dooley reported this has been on their highest priority list since the 1980s, and has been number one since 2001.  This department is the most productive on campus, second only to the math department in credit hours taught.  They have obtained grants and contracts this year of $193,000,000.  MSU is at risk of losing their best faculty, but with the planned improvements those faculty would be retained, and others would come that would bring millions of dollars more in grants and contracts.  This department has an enormous impact on economic development, with patents, start-ups, and helping the local technology and biotech industry.  Regent Mercer recommended they put together all of this information to fit on one page, front and back to present to the Governor and to the Board.

ITEM 122-2704-R0304 - Authorization to Purchase Real Property (68 Mountain View); Montana State University-Billings

Item p. was pulled from the Agenda by the campus.
q. ITEM 122-1503-R0304 - Authorization to Sell 12.694 Acres of Land in Butte Industrial Park; Montana Tech of The University of Montana   Attachment

Regent Hur MOVED for APPROVAL of Item q.

Item q. was APPROVED unanimously on 7-0 vote.

r. Addition of 1 FTE position to handle Communications / Marketing / Public Affairs in OCHE.   Draft Position Description will be available at the meeting.

The Board requested this item be held over to the May 20-21, 2004 meeting to allow the Commissioner to do a complete study of the staffing needs in her office.

s. Update on University Land Grant Administrative Assessments � LeRoy Schramm

Chief Legal Counsel LeRoy Schramm gave an update to the Board on these assessments, indicating that DNRC skims $500,000 a year from the income.  The Constitution states that these funds are inviolate.  There are political downsides to pursuing this, but the MUS has legal standing.  Last year the Board requested OCHE obtain a second opinion to bolster the arguments, and the Commissioner sent a letter to the Legislative leadership requesting they ask their legal counsel to weigh in on this issue.  With no response, Counsel Schramm called Greg Petesch to ask when he thought he would have it ready.  Mr. Petesch indicated he had never been asked to do it.  It now appears the opinion will be available for the May meeting.  However, LeRoy Schramm indicated this would not end the issue, but rather give insight and a possible strategy.  He advised the Board that in May they will have before them a range of options, and they should be prepared for an extended discussion.  Over the years, more than $6,000,000 has been taken from the funds.


Progress report on the Employee's Salary Survey � Rod Sundsted / Regent Roehm

Regent Semmens indicated the Budget Committee has endorsed a structure that will provide good information.  The timing is unclear, but they expect to have something for the Board by the July or September meeting.



Please See Attached Reports


Regent Mercer indicated that since the meeting had run so long, there would be no discussion with the Commissioner and CEOs.  However, this portion of the meeting will be put at the top of the Agenda at the May 20-21, 2004 meeting.  He commended the Board for granting so much time to the students for their testimony.  He advised the Board that Bob Anez of the Associated Press had requested a press conference with the entire Board immediately following the meeting.

President Dennison announced he had just been informed that Lauren Caldwell, a junior at The University of Montana-Missoula had been named a 2004 Truman Scholar.

With no further business to come before the Board, the meeting adjourned at 12:25 p.m.


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