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MINUTES OF THE MEETING April 28, 2008
***** The University of Houston System Board of Regents convened in the Melcher Board Room 100B, Athletics/Alumni Building, 3100 Cullen Boulevard, University of Houston on Monday, April 28, 2008. Noting the presence of a quorum, Chairman Wilson called the meeting to order at 8:32 a.m. Chairman Wilson announced that for this meeting only, all committees would meet as committees of the whole; and he would serve as chairman of those committees that did not have a chairman. ***** ACADEMIC AND STUDENT AFFAIRS COMMITTEE MEETING Since this committee did not have a chair, Chairman Wilson called the Academic and Student Affairs Committee meeting to order at 8:32 a.m. and introduced Dr. Foss, Senior Vice Chancellor for Academic Affairs to present the items. Action Items: 1. Naming of School of Communication - University of Houston
Dr. Foss stated that Mr. Valenti had been a distinguished alumnus who served the University of Houston in many capacities. He was a member of the first Board of Regents, president of the UH Alumni organization, an adjunct professor, and a frequent commencement speaker. As a student, Mr. Valenti served as president of the student body, a newspaper columnist, and was an active member of other organizations. His tenure as special assistant to President Lynden B. Johnson brought great honor to the University of Houston. His long and distinguished career as president of the Motion Picture Association of America (1966-2004) is generally recognized for the substantial progress made by the film industry under his leadership. In 2002, he received the university’s highest honor, an honorary degree.
Regent Golden moved committee approval of the action item as presented. Regent Stephens seconded the motion, which passed unanimously. Dr. Don Foss introduced the next action item on the agenda, Item C, Master of Science Degree in Publishing-UH-Victoria, and turned the meeting over to Dr. Tim Hudson, President of UH-Victoria, to present this item. 2. Master of Science Degree in Publishing - UH Victoria
Regent Wise moved committee approval of the action item as presented. Regent Blair seconded the motion, which passed unanimously. Chairman Wilson stated these two action items would be brought to the next Board of Regents meeting to be held on May 15, 2008 for final board approval. The next two items presented under Academic and Student Affairs were for the Board’s information. Dr. Foss introduced the first information item, State Funding Context and Academic Issues - University of Houston. He provided the Board with an overview of the recent Coordinating Board recommendations regarding formula funding for the next biennium. He stated that of the 35 institutions involved, 32 institutions would lose money, with only three institutions making money. This change in formula funding would cause the University of Houston to lose approximately $9,000,000 million in funding. Chancellor Khator said the University of Houston produced many degrees and this new funding did not serve the traditional student here at the University of Houston. Regent Ray inquired as to where this issue stood with the Texas Higher Education Coordinating Board? Chancellor Khator mentioned that it had been adopted the previous week, but it was now with the Legislature. Mr. Campbell, Vice Chancellor/Vice President for Governmental Relations pointed out that even though the Coordinating Board had recommended the new formula funding, it didn’t necessarily mean that it would be adopted. Chancellor Khator also stated that all six presidents of the Texas major universities had written letters to the Texas Higher Education Coordinating Board regarding the formula funding changes they had recommended. Dr. Foss introduced the next item on the agenda, Presentation on Financing Higher Education in the State of Texas - UH System. He introduced Mr. Billy Hamilton, former Deputy Comptroller of Public Accounts for the State of Texas and current Adjunct Professor of Public Affairs at the University of Texas Lyndon B. Johnson School of Public Affairs, who provided the board with an overview of Texas higher education finance. His presentation was entitled “The Balance Wheel: A Report on Tuition, Appropriations, and the Affordability of Texas Public Higher Education.” Mr. Hamilton’s presentation had raised a number of issues: (1) Are the costs of higher education “out of control”?; (2) Are the rising costs driving tuition rates?; and (3) What are the effects of rising prices on affordability for Texas families? He stated that more than 90% of Texas students attend public colleges and universities; and that Texas public higher education was approaching the national average for public university tuition and fees $5,491 nationally vs. $4,961 in Texas. He stated that higher education expenses now take up to a third of the annual income of a median income Texas family. He asserted that higher education was increasingly difficult to afford for many low and middle income students without incurring large amounts of debt. A copy of Mr. Hamilton’s presentation is on file in the Board office. There being no further business, the Academic and Student Affairs Committee adjourned at 9:41 a.m. Chairman Wilson moved to the next item on the agenda, the Administration and Finance Committee. He then turned the meeting over to the chair of the committee, Regent Lynden B. Rose. ***** ADMINISTRATION AND FINANCE COMMITTEE MEETING Regent Lynden B. Rose called the Administration and Finance Committee to order at 9:41 a.m. Regent Rose stated that the first item to be presented for approval, FY2009 Tuition and Fee Changes - UH System, would be tabled and presented to the board at the Board of Regents Meeting on May 15, 2008. Regent Rose then turned the meeting over to Mr. Jim McShan, Interim Vice Chancellor/Vice President for Administration and Finance. Mr. McShan introduced the next item on the agenda, Update concerning Ongoing Construction Projects – UH System and turned the meeting over to Mr. Dave Irvin, Associate Vice Chancellor/Associate Vice President for Plant Operations. 1. Update concerning Ongoing Construction Projects - UH System
- Contracts with three construction auditing firms; - Contracts with four cost estimating firms; - Utilizing major contractor market forecasting; - Improved project definition & discovery; - Hiring of an in-house cost estimator; and - Improved staff training.
This item was for information only and required no action by the board. A copy of this presentation was filed in the Board office. Action Items: 1. Science Labs Renovation - University of Houston
2. Construction of a Regional Economic Development Center - UH-Victoria
3. Appointment of Members to the Systemwide Art Acquisition Committee - UH System
Regent Rose thanked Mr. McShan for his exemplary performance while serving as Interim Vice Chancellor/Vice President for Administration and Finance. Mr. McShan stated he was honored to be appointed as an Interim and thanked the Board for showing confidence in him and affording him the opportunity to serve the UH System and the University of Houston in this capacity. Regent Ray moved committee approval of the three action items as presented. Regent Monty seconded the motion, which passed unanimously. Chairman Wilson stated these three action items will be presented at the next Board of Regents Meeting scheduled on May 15, 2008 for final board approval. There being no further business, the Administration and Finance Committee adjourned at 10:20 a.m. ***** At 10:20 a.m., Chairman Wilson called for a short 15 minute recess. He reconvened the committee meeting at 10:34 a.m. The next item on the agenda was the Audit Committee Meeting. Chairman Wilson turned the meeting over to the chair of the committee, Regent Calvin W. Stephens. ***** AUDIT COMMITTEE MEETING Regent Calvin W. Stephens called the meeting to order at 10:34 a.m. and introduced Mr. Don Guyton, Director of Internal Auditing, who presented all information items to the Board. Mr. Guyton gave a brief recap of open points from the last meeting held of the Audit Committee. He stated there was one open point discussed as to whether or not the regents wished to sign an annual conflict of interest statement, similar to the one signed by faculty and staff. Mr. Guyton called on Ms. Dona Cornell, Vice Chancellor/Vice President of Legal Affairs and General Counsel, for her comments. Ms. Cornell stated that there is a policy here at the university whereby our faculty and staff must sign a conflict of interest statement annually. She also said most private boards require their members to complete this statement. Ms. Cornell also reiterated that the University of Texas System was currently in the process of drafting such a statement for their regents and the Texas Tech University System is also considering it as well. It is best practices in the industry and NACUBO also recommends it. Mr. Guyton then introduced the first item for discussion which included several External Audit Reports - UH System (see list below):
Mr. Guyton said that the State Auditor’s Office (SAO) had issued four reports which referred to UH System institutions; and McConnell and Jones, the auditor engaged by UHS, issued three reports since the last audit committee meeting.
The next item on the agenda presented by Mr. Guyton was Item C. Internal Audit Report - Briefing Booklet - UH System. Mr. Guyton stated that Internal Auditing had prepared six reports since the last Audit Committee meeting held in February. These reports addressed areas included in the Board-approved Audit Plan for FY2008 and reviewed the endowment income expenditures, two UH colleges, the UH Educational Technology and University Outreach operations, UH-Victoria scholarships, and Internal Audit’s follow-up activity. These reports were submitted to the Governor’s Office of Budget and Planning, the Legislative Budge Board, and the Sunset Advisory Committee and the State Auditor, as required by the Texas Government Code. An overview of all of their recommendations was included in these reports. It was also mentioned that Audit Report No. 2008-15, their follow-up report, addressed the status of 22 action items in 10 individual audit reports. Mr. Guyton stated that Internal Auditing had verified that 12 of the action items had been implemented and that 10 were partially implemented. Internal Auditing had obtained updated management responses on the partially implemented actions. There were eight high risk items and six of these were fully implemented and two partially implemented. In the activity outline, Mr. Guyton discussed that various audits were scheduled in the reporting, fieldwork in progress, or in the planning phase. These audits were included in the Board-approved Internal Audit Plans for FY2008. There were also various Special Projects in Progress. SAO was currently conducting their fieldwork on fees at five institutions, including the University of Houston. Their primary objective was to make certain that the fees collected were being spent for the intended purposes. At the moment, the SAO had not informed UH of any findings and recommendations. The last item, Item D, Institutional Compliance Activity Report for the Three Months Ended March 31, 2008 - UH System, was addressed by Mr. Guyton. Mr. Guyton stated that this report included risk assessments, compliance audits, compliance committee meetings, risk mitigation, and hot-line reports. These items were presented for information only and required no action by the board. There being no further business to come before the committee, the meeting adjourned at 10:52 a.m. ***** The next item on the agenda was the Endowment Management Committee. ENDOWMENT MANAGEMENT COMMITTEE MEETING Chairman Wilson called this meeting to order at 10:53 a.m. and turned the meeting over to the acting chair of this committee, Regent Jim P. Wise. Regent Wise stated that there were two action items on the agenda which required board approval. Regent Wise stated Regent Ray had been added to the Endowment Management Committee as a member and former Regent Michael J. Cemo was the first advisory member. Regent Wise said that the duty of the committee was to manage the endowment over a long period of time. He thanked the former members of the board who had diligently worked on this committee and had brought it to the high standards that we see today. Regent Wise then turned the meeting over to Mr. McShan, who presented the two action items. Action Items: 1. UH System Investment Policy for Non-Endowed Funds - UH System
The committee requested approval to modify the investment policy to add additional language to Section II (Investment Objectives) of the policy to define the benchmark to which the performance of each investment pool and the aggregate portfolio would be measured; target allocations; and allowable allocation ranges for each of the three investment pools comprising the non-endowed funds. In addition, rebalancing language was being added to provide additional guidance to staff for rebalancing the portfolio in the event there was a need to bring a particular pool of funds back to within the allowable policy range.
2. UH System Endowment Fund Statement of Investment Objectives and Policies - UH System Mr. McShan stated that the Endowment Management Committee had received a report from the System’s investment consultant, Cambridge Associates, regarding the system’s endowment fund’s investment policy. As a result of this report, the committee requested approval to modify the investment policy to change the lower end of the allowable range for absolute return and hedged equity asset classes from 0% to 5%. Since absolute return and hedged equity play a major role in diversifying the portfolio and reducing volatility, Cambridge Associates recommended increasing the lower range for these two asset classes at a level that ensured their inclusion in the portfolio at all times. Below is a breakdown of the requested changes:
Regent Ray complimented the UH System’s investment consultant, Cambridge Associates for answering the committee’s good analytical questions and giving a good analysis of the Endowment Fund. Chairman Wilson said that the Endowment Management Committee has been functioning at a very high level over the years and would continue to do so. Regent Mosbacher moved committee approval of the two action items as presented. Regent Golden seconded the motion, which passed unanimously. Chairman Wilson stated these two action items would be presented at the next Board of Regents meeting scheduled on May 15, 2008 for final board approval. There being no further business to come before the committee, the meeting adjourned at 11:02 a.m. ***** Chairman Wilson reconvened the board meeting at 11:02 a.m. Chairman Wilson stated there were two Board action items requiring approval today and two information items. Chairman Wilson turned the meeting over to Dr. Foss, who introduced the first board item, Item B. KUHF-FM Update - University of Houston. Dr. Foss provided the board with an overview of a new public affairs initiative at KUHF-FM entitled “UH Moment”. Dr. Foss stated that John Profitt, General Manager of KUHF-FM, and Marisa Ramirez, Media Relations Representative in External Communications, both have the talent to tell our stories. It is the goal of UH to create, sustain, and position ourselves regarding health sciences, community engagements, etc. Two CDs were distributed at the board meeting for information purposes and are on file in the board office. This item was for information only and required no action by the board. The second board item, Item C. Appointment of Dean, UH Law Center - University of Houston, was presented by Dr. Foss. Action Item:
1. Appointment of Dean, UH Law Center - University of Houston
Regent Golden moved board approval of the item as presented. Regent Rose seconded the motion, which passed unanimously. The next board item for approval was Item C. Appointment of Executive Vice Chancellor for Administration and Finance for the UH System and Executive Vice President for Administration and Finance for the University of Houston. Chairman Wilson turned the meeting over to Chancellor Khator to present the next item. 2. Appointment of Executive Vice Chancellor for Administration and Finance for the UH System and Executive Vice President for Administration and Finance for the University of Houston
Regent Golden moved board approval of the action item as presented. Regent Mosbacher seconded the motion, which passed unanimously. The next board item on the agenda was Item D. Research Update by Vice Chancellor/Vice President for Research, Dr. Don Birx - University of Houston. Chairman Wilson turned the meeting over to Dr. Don Birx, who presented this item for information. Dr. Birx gave a presentation on research highlights at the University of Houston. He stated there were six research clusters: (1) Arts & Human Enrichment; (2) Bio-Med Sciences & Engineering; (3) Community Advancement & Education; (4) Complex Systems/Space Exploration; (5) Energy & Natural Resources; and (6) Nano-Materials. One area Dr. Birx discussed was the how the University of Houston was providing alternate energy solutions. He stated that UH had a world-record performance in organic solar cells in 2006 and initiated the fibercell photovoltaic system. He mentioned that a revolutionary discovery at UH would change how the world would power future vehicles – with high efficiency fuel cells. Dr. Birx also discussed the UH genomics cluster: forming around a core facility. Applied genomics research creates new biological processes (such as new plants and animals) and helps us to understand how biological processes are regulated. Some successes that were mentioned: (1) using programmable DA microchips, synthesized a 21-gene molecule; successfully inserted it back into the functioning original; and (2) produced 9,300 basepair designer DNA to be used as references by the microarray community. The University of Houston is also improving lives through understanding. Dr. Birx stated by studying brain images of children with learning disabilities and brain injury defects, the quality of their lives may be improved; it provides intervention; and could ultimately prevent the disabilities. Since 1998, UH is one of only three institutions in the state consistently selected to train, evaluate, and establish retention programs for employees of the state’s Child Protective Services area! This year, UH ranked second in the state for awards from the Texas Coordinating Board Advanced Research Program (ARP) with 21 – behind only the University of Texas. Chancellor Khator expressed how important it was to work in groups or “clusters”. By working together in groups or “clusters”, the dollar amount of grants awarded to the university would be much larger, and the results would be more successful. A complete copy of Dr. Birx’s presentation is on file in the board office. This item was for information only and required no action by the board. The last item on the agenda was the Executive Session. Chairman Wilson stated pursuant to Subchapter D of Chapter 551 of the Texas Government Code, which allows governing boards to meet in closed session, the Board of Regents went into Executive Session at 11:39 a.m. ***** EXECUTIVE SESSION REPORT Chairman Wilson reconvened the Board meeting at 11:49 a.m. and announced that the regents consulted with General Counsel, Dona Cornell and discussed property and personnel issues. No action was taken in Executive Session. ***** In absence of further business, the Board adjourned at 11:50 a.m. All documentation submitted to the Board in support of the foregoing action items, including but not limited to “Passed” agenda items and supporting documentation presented to the Board, is incorporated herein and made a part of these minutes for all purposes; however, this does not constitute a waiver of any privileges contained herein.
Others Present:
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