Meeting Minutes: July 25, 2002


Present: Tobias Baskin, Rex Campbell, Gordon Christensen, Michael Devaney, Wilson Freyermuth, Sara Gable, Judith Goodman, Tom Hurley, Eric Landes, Robert Leavene, Sudarshan Loyalka, Michael McKean, Catherine Parke, Peggy Placier, Charles Sampson, Paul Sharp, Don Sievert, Bill Wiebold, and Charles Cramer (Retirees). Absent: Jeffrey Anglen, Nelson Cowan, Bruce Cutter, Philip Johnson, Bill Lamberson, Norman Land, Daniel Longo, Eileen Porter, Jenice Prather-Kinsey (Black Faculty and Staff), Herbert Tillema (AAUP), and Pat Timberlake (Librarians). Retiring members present: Daniel Hooley, and Russ Zguta. Retiring members absent: Sylvia Lazos, Anne McKendry, Loren Nikolai, and MaryEllen Sievert.

Approval of Minutes

The meeting was called to order by Chair Russ Zguta at 3:30 p.m. in room S203 of the Memorial Union. The minutes of the June 13, 2002 Faculty Council meeting were approved as submitted.

Zguta welcomed the new members of Council and introduced Professors Rex Campbell, Rural Sociology; Wilson Freyermuth, Law; Eric Landes, Art; Robert Leavene, Electrical Engineering; and Charles Sampson, Harry Truman School.

Report of Officers

Don Sievert, Board Observer, reported that the Board of Curators began their meeting on July 18 with a two hour board development session in which some uncertainty was expressed regarding the future form of the university. Several opinions were expressed regarding funding. Next came a report by a consultant to the Board concerning the inadequacy of lectures as a means of communication. It was pointed out that lectures are used to advantage in a variety of professions and situations. The Board report was continued by Russ Zguta and Mike Devaney. The second day of the Board meeting the Board passed a resolution which requested our state legislature to increase funding for higher education. An addendum to the resolution specifying the consequences of budget cuts will be included. James R. Moody, lobbyist and former state budget officer, identified structural elements of the budget that suggest more problems for higher education in future fiscal years. The Board adopted a budget request for FY '03-'04 that includes restoration of reductions, a 5.2 percent increase, a 4 percent pay raise and funding for life sciences and health sciences research facilities. President Pacheco recognizes the optimistic nature of the request but feels that it must be made. Niki Krawitz discussed three possible funding scenarios and concluded that there is a 92 million dollar discrepancy between what higher education needs and what is available. The Board established a health professions practice plan and extended the assistance program for people laid off. They approved 144.6 million dollar capital improvement budget (which would include the renovation of Tate Hall and Engineering East) and discussed a campus master plan for University of Missouri at Kansas City. Finally, the Board reviewed 50 candidates for President Pacheco's successor in closed session.

Action Items

Transfer Credit Evaluation - McKean. Mike McKean, Chair Academic Affairs, outlined changes in policies governing credit transfer as discussed at Council's June 13 meeting. A motion to adopt the proposal passed unanimously.

Discussion Items

Guest: Robert Almony, Assistant Director of Ellis Library on the topic of Library Hours Cutbacks.

Zguta introduced Robert Almony, Assistant Director of Ellis Library, who presented a proposal to reduce the hours the library would be open from 104 per week to 83 in fall and winter semesters, from 90.5 to 71 during the summer session, and from 8:00 a.m. to 5:00 p.m. weekdays during intercessions with four hours open on Saturday and closed Sunday. The reductions are being made in response to budget cuts that have affected all parts of the university and are part of an effort to spare the budget for acquisitions which, so far, has not been reduced. He noted that much of the library's collection is available on line at any time. Zguta noted that faculty with research facilities in the library will be especially disadvantaged. Almony acknowledged that they would be but said that all aspects of the library's services would have to be reduced.

In response to questions Almony made the following points. (1) Leaving large study areas open is not practical because of the design of the building and the need to have employees at both main exits at all times. (2) Savings from closing will come from salaries and closing for fewer hours would require larger reductions in the equipment and expenses budget which could threaten the remaining library functions later in the fiscal year. (3) If more budget cuts are made, branch libraries will have to be closed. (4) Hours were chosen for reduction on the basis of the experience of reference librarians and circulation desk workers who report very little activity on Saturday mornings (sharp drops in user number were noted from 10:00 p.m. to midnight, especially on Friday and Saturday nights). (5) A final decision on library hours will be made in August. Suggestions are welcome and should be addressed to Almony's email address ( Zguta thanked Almony on behalf of Council for his presentation.

Final's Week Schedule. Zguta asked for a motion to suspend the rules in order to consider changes in final exam schedules beginning in the Winter Semester 2003. A motion to adopt the proposal passed unanimously.

Devaney pointed out that exams on the day of commencement would be discontinued so six exams days would be reduced to five with an increased probability of having multiple exams on one day. If exam times conflict, the lower numbered courses would have to provide the make up. Sievert noted that we may want to add a day for submitting grades too. A motion to approve the final exam schedule changes passed unanimously.

Board Amendment Revision Resolution - Loyalka. Zguta noted that the recent amendment of section 10.030A.9 of the "Collected Rules and Regulations" by the Board of Curators (which could have the effect of abolishing tenure) was to be addressed by an executive order rather than by a revision of the amendment as Council had been lead to believe by Stephen Lehmkuhle, Vice President of Academic Affairs at the meeting on June 13. Sudarshan Loyalka introduced a resolution which, if approved by Council, would be presented for consideration by IFC at the August 5-6 meetings. A motion to suspend the rules to consider the resolution passed unanimously. After discussion, three friendly amendments to the resolution were accepted. A motion to adopt the amended resolution passed unanimously. A copy appears below.

Whereas Section 10.030A.9 of the Collected Rules and Regulations, pertaining to appointments, was amended by the UM Board of Curators at its May 31, 2002 special meeting as follows, with the new text indicated in bold-underscore: 9. Appointments- The appointments of all officers and employees of the University, although made for administrative or fiscal purposes for a specific term, may be terminated at any time at the pleasure of the Board of Curators. Notwithstanding any rule, regulation or policy of the University of Missouri to the contrary, all such appointments are subject to the right of the Board of Curators to adjust salaries and other terms and conditions of employment, on a prospective basis only, at any time during the indefinite, term or continuous appointment of all officers and employees of the University; provided, however, the following shall not be deemed to restrict the authority of the President of the University under any specific or general delegation of authority from the Board of Curators.

And whereas, the Board has adopted rules and regulations concerning tenure (as specified elsewhere in the Collected Rules for the University), which are in accordance with AAUP guidelines,

And whereas, Section 10.030A.9 could be interpreted to neutralize those tenure regulations and safeguards,

And whereas, the President has proposed to enact an Executive Order in which the applications of Section 10.030A9 and its amendment are to be interpreted,

And whereas, the Vice President for Academic Affairs has stated to Council that the amendment was not intended to alter Rules and Regulations regarding tenure,

And whereas, (a) a Board action about its rules and regulations has presumptive permanency and (b) in contrast an Executive Order is a presidential action which, as such, can be modified at will by the current president or a future president, and (c) a presidential action will not take precedence over a contradictory position in the existing rules, be it resolved that:

1. The MU Faculty Council does not regard an Executive Order as an adequate means for restoring tenure regulations and safeguards that were provided in the Collected Rules.

2. The Council respectfully requests that the UM Board of Curators rescind or suspend with immediate effect Section 10.030A9 of the Collected Rules and Regulations.

3. The Council requests that the University administration and the Board act to restore tenure regulations and safeguards by revising Section 10.030A9 of the Collected Rules and Regulations in consultation with the representative faculty bodies.

4. Further, the Council requests that the proposed revision of Section 10.030A9 of the Collected Rules and Regulations be subjected to a minimum of 30 days of public scrutiny and discussion, prior to the Board's action on the revised regulation.

5. The Council appreciates and understands the Board's desire to find a way to temporarily adjust salaries, and it will be supportive of changes in regulations that permit just this, and that do not target a single individual or a small specific group, and that can not be interpreted to neutralize the tenure regulations.

Any Other Business

Tobias Baskin objected to a proposal by Brenda Selman, Registrar, to renumber all courses. Devaney noted that the '02-'03 Academic Affairs Standing Committee would address this proposal.

Devaney recognized and commended outgoing Chair Zguta for his leadership and dedication to the faculty during his two years as Council Chair. Council agreed and expressed their thanks to outgoing Chair Zguta as well as to other members of Council ending their terms: Daniel Hooley, Sylvia Lazos, Anne McKendry, Loren Nikolai, and MaryEllen Sievert.


The open meeting was adjourned at 4:55 p.m. Council then went into closed session for the 2002 2003 executive committee elections. The results of this election are as follows:

Tom Hurley, Recorder
Bruce Cutter, Chair, Special Projects
Gordon Christensen, Chair, Faculty Affairs
William Wiebold, Chair, Fiscal Affairs
Wilson Freyermuth, Editor, Faculty Handbook & Council Website
Norman Land, Chair, Student Affairs
Bill Lamberson, Chair, Academic Affairs
Eileen Porter, Intercampus Faculty Council (IFC) Representative
Don Sievert, Observer to the Board

Respectfully submitted,
Tom Hurley, Recorder