North Dakota State Board of Higher Education Budget and Finance Committee Meeting Notice and Agenda January 17, 2017

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State Capitol 600 E Boulevard Ave Dept. 215 Bismarck ND 58505-0230 Phone: 701.328.2960 Fax: 701.328.2961 E-mail: ndus.office@ndus.edu Web: ndus.edu 1 North Dakota State Board of Higher Education Budget and Finance Committee Meeting Notice and Agenda January 17, 2017 The State Board of Higher Education Budget and Finance Committee will meet via conference call, Tuesday, January 17, 2017, at 9:00 a.m. CT. The call will originate at the North Dakota University System Office, 10 th Floor, 600 East Boulevard Ave., Bismarck, ND 58505. Call to Order *See supporting document #action required +discussion needed =information only 1. * # Agenda 2. * # Meeting Minutes November 10, 2016 Policy 3. * # Policy 605.3 Nonrenewal Termination or Dismissal of Faculty Business 4. = MiSU requests to proceed with the following projects: a) Renovation of the lower level of the Gordon B. Olson Library to create the North West Art Center at a cost of $1,400,000 using donated private funds. b) increased authority for completion of the inflatable bubble project from $384,000 to $634,000 using donated private funds. c) Increased authority for the Facility Building from $2,376,000 to $2,626,000 using local indirect cost recovery revenue generated from sponsored grants and contracts. Further authorize MiSU to seek legislative approval, either through an amendment to the NDUS appropriation bill or through separate, sponsored, legislation. 5. * # Request to ratify interim Chancellor approval to authorize NDSU to proceed with a fundraising campaign through the NDSU Foundation and Alumni Association for an amount up to $1.5 million for the construction of a seed cleaning facility/seed cleaning equipment to be located at the North Central REC in Minot, ND. Subsequent authorization to proceed with the project will be requested once funding is in hand. The North Dakota University System is governed by the State Board of Higher Education and includes: Bismarck State College Dakota College at Bottineau Dickinson State University Lake Region State College Mayville State University Minot State University of North Dakota State College of Science North Dakota State University University of North Dakota Valley City State University Williston State College

2 6. * # NDSU requests to proceed with the low rise lavatories renovation project in Johnson Hall (first stack), Phase VI at an estimated cost of $1,100,000 to be funded from auxiliary local funds. 7. * # NDSU requests to proceed with the Reconstruction of the MO and BU Parking Lots and Partial Reconstruction of the AE and T1/L Parking Lots at an estimated cost of $1,200,000 to be funded from Parking local funds. Contact Kristie Hetzler at (701) 328-2966 or Kristie.hetzler@ndus.edu prior to the scheduled meeting date if auxiliary aids or services are needed.

State Capitol 600 E Boulevard Ave Dept. 215 Bismarck ND 58505-0230 Phone: 701.328.2960 Fax: 701.328.2961 E-mail: ndus.office@ndus.edu Web: ndus.edu 3 Draft North Dakota State Board of Higher Education Budget and Finance Committee Meeting Notice and Agenda November 10, 2016 The State Board of Higher Education Budget and Finance Committee will met via conference call, Thursday, November 10, 2016, at 2:00 p.m. CT. The call will originate at the North Dakota University System Office, 10 th Floor, 600 East Boulevard Ave., Bismarck, ND 58505. Chair Stemen called the meeting to order at 2:00 a.m. CT. SBHE Budget and Finance Committee members participating: Mr. Greg Stemen, Chair Mr. Nick Hacker Mr. Andy Wakeford Other participants: Mr. Rick Tonder, NDUS Mr. Richard Rothaus, NDUS Mr. David Krebsbach, NDUS Ms. Robin Putnam, NDUS Ms. Karol Riedman, NDUS Ms. Kristie Hetzler, NDUS Ms. Laura Schratt, NDUS Ms. Billie Jo Lorius, NDUS Ms. Linda Donlin, NDUS Mr. Dave Clark, BSC Mr. Steve Benson, MaSU Mr. Dennis Gladen, NDSCS Dr. Tisa Mason, VCSU Mr. Dennis Gladen, NDSCS Ms. Karin Hegstad, NDSU Mr. Mike Ellingson, NDSU Mr. Corry Kenny, LRSC Dr. John Richman, NDSCS Mr. Brent Winiger, MiSU Mr. Bruce Bollinger, NDSU Mr. Nick Vaughn, Attorney General s Office 1. Agenda Hacker moved to approve the agenda. 2. Meeting Minutes Hacker moved to approve the October 20, 2016, meeting minutes with amendment to add Kari Riechert in attendance. The North Dakota University System is governed by the State Board of Higher Education and includes: Bismarck State College Dakota College at Bottineau Dickinson State University Lake Region State College Mayville State University Minot State University of North Dakota State College of Science North Dakota State University University of North Dakota Valley City State University Williston State College

4 Policy 3. Policy 611.10 Karol Riedman reviewed amendments to policy 6011.10, regarding employee responsibility and activities theft, fraud, abuse and waste. The Committee discussed having title changes reviewed by just legal and not to need Board approval. Hacker moved to approve policy 611.10, and further discuss the approval process of policies that just consist of position title changes, with the appropriate legal review. After further discussion, Hacker rescinded his motion and asked for further attorney review into a streamline process. Hacker moved to approve policy 611.10. 4. Policy 603.4 Richard Rothaus reviewed amendments to policy 603.4, regarding politcal activities. After extensive discussion the Committee tabled the policy for a future Board meeting. Richard Rothaus and Karol Riedman will continue to study it. Hacker moved to table policy 603.4. 5. Policy 608.2 Richard Rothaus reviewed amendegarding, NDUS employees-non-renewel and dismissals. Primarily the policy revision requires that administrators returning to the faculty be placed at a salary proportional to that of similarly ranked individuals. The policy additionally recommends that the salary upon return to faculty be set in contract at the time a person moves into an administrative position. Hacker moved to approve policy 608.2. Business 6. Semi-annual Budget Dave Kresbach presented the June 30, 2016 semi-annual budget. 7. Authorize NDSU to proceed with Various Sundry Projects to be funded from the remaining $3.5 million one-time 2015-17 deferred maintenance funding included in HB1003, Section 2. One-Time Funding N Effect on Base Budget Report to Sixty-Fifth Legislative Assembly. Also, authorize the use of excess funds previously transferred from the 2015-17 NDUS Office deferred maintenance pool to NDSU s capital assets line item as per HB1003 (2015), Section 25. Systemwide

5 Funding Pools Transfer Authority Legislative Management Report as a result of project savings for completion of the additional sundry maintenance projects. 8. Authorize NDSU to proceed with the Dolve Hall partial renovation and HVAC update project at an estimated cost of $870,000 funded from the 2015-17 extraordinary repair funds. Hacker moved to approve budget and facility items 7 & 8. Hacker and Stemed voted yes. 9. NDSCS Expansion Capital Project President Richman explained NDSCS expansion project is to meet the increasing workforce needs of eastern North Dakota in the manufacturing, transportation, healthcare, technology and finance sectors by adopting a game-changing model with heavy emphasis on expanding K-12 partnerships to strengthen educational pathways. Hacker moved to bring the NDSCS expansion project to the Board for consideration on November 16, 2016. Meeting adjourned 3:30 p.m.

6 Summary of Proposed Action State Board of Higher Education Meeting Meeting - February 23, 2017 1. Issue: State Board of Higher Education Policy 605.3 requires twelve-month notice to terminate the appointment of a tenured faculty member due to loss of legislative appropriations, financial exigency, loss of institutional or program enrollment, consolidation of academic units or program areas, or elimination of courses. This timeline means that the process of eliminating the position of a tenured-faculty member is generally too lengthy to produce cost-savings within a biennium. 2. Proposed actions: The issue could be resolved by changing the notification period as indicated in SBHE 605.3 6 from at least twelve months to at least ninety days, as shown in the attached revision. 3. Background information: As points of comparison: Probationary faculty can be terminated under similar situations as tenured faculty with at least 90 days notice (SBHE Policy 605.3 2). A non-tenure track faculty member (special appointment) is terminated at the end of his or her contract term (SBHE Policy 605.3 3). NDUS employees can be terminated due to organizational or procedural change, diminished workload, lack of funds, or other exigency, with at least two weeks written notice (NDUS Human Resource Policy Manual 24). NDUS employees excluded from the broadbanding system who are not members of the academic staff, can be terminated under similar situations as tenured faculty with at least 90 days notice (SBHE Policy 608.2 3). 4. Financial implications: The revision of SBHE 605.3 will provide additional avenues for institutions to respond to financial or budgetary losses. 5. Legal/policy issues: Only the termination notice period is to be changed, and there are no additional legal or policy issues. 6. Academic issues: Reduction of tenured faculty positions can have substantial direct and indirect impacts to the ability to deliver quality academic programs. 7. Coordination: The proposed policy revision will be reviewed ten times, by six different groups. Chancellor s Cabinet, First Reading, 10 January 2017; SBHE Budget and Finance Committee, First Reading, 17 January 2017; SBHE Academic and Student Affairs Committee, First Reading, 18 January 2017; SBHE, First Reading, 26 January 2017; Administrative Affairs Council, 31 January 2017; Academic Affairs Council, 1 February 2017; Chancellor s Cabinet, Second Reading, 8 February 2017; SBHE Budget and Finance Committee, Second Reading, 14 February 2017; SBHE Academic and Student Affairs Council, Second Reading, 15 February 2017; and, SBHE, Second Reading, 23 February 2017.

7 8. Attachments: Revision of SBHE 605.3 9. Contact information: Tammy Dolan 10. Chancellor s recommendation: Approve 2

8 Summary of Proposed Action SBHE Meeting January 26, 2017 1. Issue: MiSU requests authorization to proceed with several projects that also require legislative authorization. The authorization would have been sought from Budget Section prior to the 2017 Legislative Assembly, but statutes prohibit Budget Section from hearing facility requests six months prior to session. 2. Proposed motion: Authorize MiSU to proceed with the following projects: a. Renovation of the lower level of the Gordon B. Olson Library to create the North West Art Center at a cost of $1,400,000 using donated private funds. b. Increased authority for completion of the inflatable bubble project from $384,000 to $634,000 using donated private funds. c. Increased authority for the Facility Building from $2,376,000 to $2,626,000 using local indirect cost recovery revenue generated from sponsored grants and contracts. Further authorize MiSU to seek legislative approval, either through an amendment to the NDUS appropriation bill or through separate, sponsored, legislation. 3. Background: a) MiSU retained fund raising authority for the NW Art Center during Dr. Fuller s tenure, and has now raised funds sufficient for the project, and therefore seeks authorization to proceed; b) The inflatable bubble infrastructure (foundations, etc) was anticipated to cost less than $385,000, or the threshold for legislative authorization. Delays in completion have driven the costs over the threshold and therefore now require legislative approval; c) The facility building is complete, but requires a parking lot / paving for operation. The additional costs must be added to the original project request, and therefore MiSU seeks additional authorization of $250,000 to do so. 4. Financial implications: None 5. Academic implications: None 6. Legal/policy issues: Construction of the inflatable bubble foundations were underway when additional costs to complete pushed the total over the $385,000 threshold. Work has proceeded in order to avoid any additional costs and delays, but authorization from the legislature was unavailable due to statutory limitations on Budget Section authority. 7. Review Process: Reviewed by Tonder 8. Enclosures: (agenda item and related material) 9. Contact person: Brent Winiger, VP for Administration and Finance 10. Chancellor s Recommendation: Approve

9 Summary of Proposed Action SBHE Meeting January 26, 2017 1. Issue: NDSU has sought and received interim authorization from Chancellor to proceed with fundraising for the NCREC seed cleaning facility. This agenda item is a ratification of the Chancellor s action by the BFC, SBHE. 2. Proposed motion: Ratification of interim Chancellor approval to authorize NDSU to proceed with a fundraising campaign through the NDSU Foundation and Alumni Association for an amount up to $1.5 million for the construction of a seed cleaning facility/seed cleaning equipment to be located at the North Central REC in Minot, ND. Subsequent authorization to proceed with the project will be requested once funding is in hand. 3. Background: NDSU AES is pursuing alternative funding sources to fund upgrades to the seed cleaning facilities. Seed stocks are a valuable source of revenue for AES, with upgraded facilities improving production quality, output, and worker safety. 4. Financial implications: None 5. Academic implications: None 6. Legal/policy issues: None 7. Review Process: Reviewed by Tonder 8. Enclosures: (agenda item and related material) 9. Contact person: Bruce Bollinger, VP for Administration and Finance 10. Chancellor s Recommendation: Approve

10 Summary of Proposed Action SBHE Meeting January 26, 2017 1. Issue: NDSU requests authorization to proceed with renovation of the low-rise lavatories in Johnson Hall. This is a deferred maintenance project which also improves the lavatory functions. NDSU will be using local auxiliary funds to complete the work. 2. Proposed motion: Authorize NDSU to proceed with the low rise lavatories renovation project in Johnson Hall (first stack), Phase VI at an estimated cost of $1,100,000 to be funded from auxiliary local funds. 3. Background: NDSU has been systematically updating the lavatory stacks (so called because the lavatories are stacked directly above one another within the facility), with this project being No. 6. 4. Financial implications: None 5. Academic implications: None 6. Legal/policy issues: None 7. Review Process: Reviewed by Tonder 8. Enclosures: (agenda item and related material) 9. Contact person: Bruce Bollinger, VP for Administration and Finance 10. Chancellor s Recommendation: Approve

11 Summary of Proposed Action SBHE Meeting January 26, 2017 1. Issue: NDSU requests authorization to proceed with reconstruction of parking lots during the summer construction season. Work will be funded from Parking local funds. 2. Proposed motion: Authorize NDSU to proceed with the Reconstruction of the MO and BU Parking Lots and Partial Reconstruction of the AE and T1/L Parking Lots at an estimated cost of $1,200,000 to be funded from Parking local funds. 3. Background: NDSU parking lots are being refurbished on a rotating basis in order to maintain adequate parking surfaces. The lots listed above are next on the schedule, with repairs ranging from complete reconstruction to surface treatments. 4. Financial implications: None 5. Academic implications: None 6. Legal/policy issues: None 7. Review Process: Reviewed by Tonder 8. Enclosures: (agenda item and related material) 9. Contact person: Bruce Bollinger, VP for Administration and Finance 10. Chancellor s Recommendation: Approve