Minutes of Meetings of the Board of Trustees of State University of New York June 30, 2011 (Subject-to-Correction) The Board of Trustees of State University of New York met on June 30, 2011 at 1:55 p.m. at the SUNY College of Optometry, New York, New York pursuant to calls sent by the Office of the Secretary of the University on June 23, 2011. June 30, 2011 1:55 p.m. Trustees present: Mr. Hayden, Chairman; Mr. McCall, Mr. Belluck, Mrs. Lewin, Mr. Hunt, Ms. Warren-Merrick Trustee present via video in Syracuse: Mr. Murad Trustees present via video in Stony Brook: Mr. Spielvogel and Mr. Staller Trustees present via video in Westchester: Ms. Sanford Trustees present via video in Albany: Dr. Lichtman Trustees present via video in Brockport: Dr. O’Brien Trustees present via video in Buffalo: Ms. Beachner Trustees absent: Dr. Ehrenberg and Dr. Noguera Also present: Chancellor Zimpher; Dr. Lavallee; Mrs. Duncan-Poitier; Mr. Howard; Ms. Rimai 2:56 pm. Trustees present: Mr. Hayden, Chairman; Mr. McCall, Mr. Belluck, Mrs. Lewin, Mr. Hunt, Ms. Warren-Merrick Trustee present via video in Syracuse: Mr. Murad Trustees present via video in Stony Brook: Mr. Spielvogel and Mr. Staller Trustees present via video in Westchester: Ms. Sanford Trustees present via video in Albany: Dr. Lichtman Trustees present via video in Brockport: Dr. O’Brien Trustees present via video in Buffalo: Ms. Beachner Trustees absent: Dr. Ehrenberg and Dr. Noguera Also present: Chancellor Zimpher; Dr. Lavallee; Mrs. Duncan-Poitier; Mr. Howard; Ms. Rimai June 30, 2011 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 1:55 p.m. which was held at SUNY Optometry, New York, New York. He called for a roll call of Trustees participating in the meeting. It was noted there were thirteen members participating, including one non-voting member, in person and via video from Upstate Medical, Stony Brook University, IBM Corporation, SUNY System Administration, Brockport University, and Buffalo State College. Mr. Hayden declared a quorum and stated there will be a number of resolutions to act on stemming from the Finance and Administration Committee meeting held earlier. 2. CONVENING OF EXECUTIVE SESSION At 1:56 p.m., Mr. Hayden called for an Executive Session under provisions of Section 105 of Article 7 of the Public Officers Law, as follows: (1) (d) "discussions regarding proposed, pending or current litigation"; (1) (f) "the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation." Upon motion of Ms. Warren-Merrick, seconded by Mrs. Lewin, it was unanimously agreed to convene an Executive Session for the purposes specified by Mr. Hayden. Mr. Hayden recessed the Executive Session at 2:50 p.m. 2:56 p.m. 3. RECONVENING OF PUBLIC MEETING On June 30, 2011 at 2:56 p.m., Mr. Hayden reconvened the Public Meeting, which was held at SUNY Optometry, New York, New York. Mr. Hayden began by again welcoming everyone participating by webcast and linked by video in Albany, Brockport, Buffalo, Stony Brook, Syracuse and Westchester. He indicated that during Executive Session they interviewed a candidate for a campus presidency and reviewed other personnel matters, and that no actions were taken in Executive Session. Chairman Hayden noted that at the previous Board Meeting, he thanked the Governor, the Legislature, Chancellor, Trustees, students, Faculty and their representative Faculty Senate, and the Presidents for championing a rational tuition policy. He stated he was proud that today the rational tuition policy became a reality thanks to the Governor’s tenacity and unwillingness to give up as well as the entire team at the State University of New York. 4. RESOLUTIONS Mr. Hayden stated that they will first review a resolution concerning an appointment recommended by Chancellor Zimpher. Chancellor Zimpher began by thanking Admiral Craine for his commitment to stay and lead Maritime until a transition took place. She then recommended Rear Admiral Wendi Carpenter to be the new President of SUNY Maritime College. Chancellor Zimpher said that Admiral Carpenter was recommended by Maritime’s College Council and interviewed by the Chancellor’s Executive team and by Chairperson Timothea Larr. The Chancellor also said that Admiral Carpenter served as Commander and CEO of the Navy’s Warfare Development Command since 2008. Admiral Carpenter was among the first women to serve as President of SUNY’s Maritime College and is a highly decorated and regarded 34-year history in the U.S. Navy. Appointment of Rear Admiral Wendi B. Carpenter as President at the State University of New York Maritime College Upon motion of Mr. Hunt, seconded by Mr. McCall, the following resolution was unanimously approved. Resolved that the appointment of Rear Admiral Wendi B. Carpenter as President of the State University of New York Maritime College, at a State salary of $205,000 effective on or about August 15, 2011, be and hereby is, approved. Rear Admiral Carpenter will reside in a campus owned house and be provided the use of a campus owned car. (2011-078) Chairman Hayden welcomed Admiral Carpenter and invited her to say a few words. Admiral Carpenter said she was speechless and amazed to have this wonderful opportunity. She stated she looks forward to partnering with the team that is already at the college and move forward. Chairman Hayden then invited Mrs. Larr, Chairperson of the search committee to say a few words. Mrs. Larr thanked the Chairman for the opportunity to speak. She also thanked the Chancellor and her staff for the support given to Maritime during the search process. She also thanked the Board for its appointment of Admiral Carpenter as the next President of Maritime. She cited that the three major factors for a successful search were: reputation that the college has for excellence in leadership, the consulting firm, Jarvis International, who developed a strong pool of diverse candidates from the Navy, the Maritime industry and higher education, and members of the search committee. She also thanked the Board and SUNY for investing in Maritime over the years and ended with reiterating that Admiral Carpenter was the right leader for these times. Chairman Hayden thanked Mrs. Larr. Mr. Spielvogel reminded all that Mr. McCall was also a tremendous force in the search for a new Maritime President. 5. CHANCELLOR’S REPORT Chancellor Zimpher began her report by announcing it was a historic moment for the State University of New York. She indicated that the passing of NY-SUNY 2020 was the license to drive for SUNY and the Power of SUNY was the blueprint, the map. Chancellor Zimpher thanked the Board, campus presidents, legislative team, and Stacey Hengsterman. Chancellor Zimpher concluded her report by stating there is a redesigned organizational chart for the leadership of SUNY Central, due to the various vacancies and transitions that have taken place. She will be asking in a later resolution that the Board re-title five of the positions on the organizational chart to reflect the new responsibilities. 6 APPROVAL OF MINUTES Approval of Minutes of the Board’s Meeting Held on April 18, 2011, May 10, 2011, and June 3, 2011 Upon motion of Ms. Warren-Merrick, seconded by Mrs. Lewin, the proposed minutes were unanimously approved as the official minutes of the meetings held. It was also noted by Mr. Howard that Trustee Spielvogel was no longer present. Mr. Howard called for the approval of the proposed Board meeting and public hearing schedule for 2011-2012. Mr. Hayden noted that in response to an observation made by Ambassador Spielvogel, even if the proposed dates are approved, the Board will come back and review the November dates and see if any adjustments can be made. Upon motion by Mr. Belluck, seconded by Ms. Beachner, the schedule was unanimously approved. Chairman Hayden called upon Mr. Howard to present the other resolution that will be voted on individually. Mr. Howard called for the approval of the election for one year terms of the members of the Executive Committee as pursuant to the by-laws. Upon motion by Mrs. Warren-Merrick, seconded by Mr. Hunt, the motion was unanimously approved. Election of 2011-2012 Executive Committee Resolved that the following Trustees be, and hereby are, elected to serve on the Executive Committee of the Board of Trustees for 2011-2012: Carl T. Hayden, Chairman, ex officio; Kaitlyn Beachner; Stephen J. Hunt; H. Carl McCall; John L. Murad, Jr., Carl Spielvogel, Cary F. Staller and Gerri Warren-Merrick, effective June 15, 2011. (2011-079) Mr. Hayden noted the following resolutions were presented and discussed at the Finance and Administration committee meeting held earlier. Committee Chair Carl McCall noted that the resolutions were carried out pursuant to the discussions related to the rational tuition policy. He noted as a result, a new tuition schedule will be in place as well as approval of the operating budget for the upcoming year. Upon motion of Mr. McCall, seconded by Ms. Sanford, with an abstention by Ms. Beachner, the following resolution was approved. Amendment to Tuition Schedule Whereas the NY-SUNY 2020 Challenge Grant Program Act authorizes the Board of Trustees to increase resident undergraduate tuition by an amount not to exceed $300 for 2011-12; and Whereas the NY-SUNY 2020 Challenge Grant Program Act authorizes the Board of Trustees to increase non-resident undergraduate tuition for students enrolled at each of the University centers by up to 10% subject to the approval by the Governor and the Chancellor of a long term economic and academic plan submitted by each University Center; and Whereas analysis of the tuition schedule, appropriate comparisons to similarly situated institutions, and review of market conditions demonstrates that the resident graduate tuition should be increased by 6%, the non-resident graduate tuition should be increased 10%, and non-resident undergraduate tuition should be increased by 7% for students enrolled at the Other Research/Doctoral, University Colleges, and Colleges of Technology; and Whereas tuition rates for certain graduate and graduate professional degree programs are in the second year of a five-year plan; the medical, dental, law, pharmacy, doctorate of physical therapy, and doctorate of nursing practice should be increased by 9% for resident students and 10% for out-of-state resident students; tuition for masters of business administration should be increased by 8.9% for resident students and 10% for out-of-state resident students; and the rate for the optometry program should be increased by 7% for both resident students and for out-of-state resident students; and Whereas the tuition for masters of architecture should be increased by 10% for both resident students and for out-of-state resident students; the tuition for masters of social work should be increased by 9.5% for resident students and 10% for out-of-state resident students; tuition for physician assistant (masters) should be increased by 9% for resident students and 20% for out-of-state resident students as per the initial year of a five year plan; and Whereas adoption on an immediate basis of these tuition increases effective for the Fall 2011 semester is necessary in order for the State University to timely obtain necessary revenue while maintaining program quality and access and to give appropriate notice of the increases to students, their families and financial aid providers; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with the provisions of the State Administrative Procedure Act, a Notice of Emergency Adoption and Proposed Rulemaking with respect to amendments to section 302.1(2)(b) of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, to read as follows (brackets denote old material to be deleted; underlining denotes new material to be added): Section 302.1. Tuition and fees at State-operated units of State University. * * * * * (b) Tuition charges as listed in the following table for categories of students, terms and programs, and as modified, amplified or explained in footnotes 1 [and 2] through 5 are effective with the [2010] 2011 Fall term and thereafter. Charge per Semester Charge per Semester credit hour1 Special Students New York State residents Out-of-State residents New York State residents Out-of-State residents (1) Students enrolled in degree-granting undergraduate programs leading to an associate degree and non-degree granting programs of at least one regular academic term in duration which have been approved as eligible for Tuition Assistance Program Awards [$2,485] $2,635 [$6,690] $7,160 [$4,550] $4,870 2 [$207] $220 $175 3 [$558] $597 [$379] $4062 $1753 (2) Students enrolled in degree-granting undergraduate programs leading to a baccalaureate degree and non-degree granting programs of at least one regular academic term in duration which have been approved as eligible for Tuition Assistance Program Awards [$2,485] $2,635 [$6,690] $7,160 $7,3604 $3,9555 [$207] $220 [$558] $597 $6134 $3305 (3) Students enrolled in graduate programs (other than Masters of Business Administration, Architecture, Social Work or Physician Assistant) leading to a Master’s, Doctor’s or equivalent degree [$4,185] $4,435 [$6,890] $7,580 $6,6555 [$349] $370 [$574] $632 $5555 (4) Students enrolled in a graduate program leading to a Masters of Business Administration (MBA) [$4,690] $5,105 [$7,570] $8,325 [$391] $425 [$631] $694 (5) Students enrolled in a graduate program leading to a Masters of Architecture $4,605 $7,580 $384 $632 (6) Students enrolled in a graduate program leading to a Masters of Social Work $4,585 $7,580 $382 $632 [(5)] (7) Students enrolled in the professional program of pharmacy [$9,060] $9,875 [$17,250] $18,975 [$755] $823 [$1,438] $1,581 [(6)] (8) Students enrolled in the professional program of law [$8,725] $9,510 [$14,555] $16,010 [$727] $793 [$1,213] $1,334 [(7)] (9) Students enrolled in the professional program of  medicine [$12,425] $13,545 [$24,385] $26,825 [$1,035] $1,129 [$2,032] $2,235 [(8)] (10) Students enrolled in the professional program of dentistry [$10,710] $11,675 [$23,650] $26,015 [$893] $973 [$1,971] $2,168 [(9)] (11) Students enrolled in the professional program of physical therapy and doctor of nursing practice [$7,550] $8,230 [$13,315] $14,645 [$629] $686 [$1,110] $1,220 [(10)] (12) Students enrolled in the professional program of optometry [$8,690] $9,300 [$16,685] $17,855 [$724] $775 [$1,390] $1,488 (13) Students enrolled in the professional program of physician assistant $4,560 $8,270 $380 $689 1 The Chancellor shall determine the equivalent of a credit hour. 2 In accordance with chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi and Morrisville are authorized to charge this lower rate for out-of-state students enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. 3 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi and Morrisville are authorized to charge this lower rate for special students (part-time) enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs, and taking classes at off-campus locations or during the summer or winter intercessions. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. 4 In accordance with the NY-SUNY 2020 Challenge Grant Program Act, the University Centers at Albany, Binghamton, Buffalo, and Stony Brook are authorized to charge this rate for non-resident undergraduate students. 5 As authorized by the Board of Trustees (2010-081), Maritime College is authorized to charge up to this rate for non-resident students from states considered to be in-region (Alabama, Connecticut, Delaware, Florida, Georgia, Louisiana, Mississippi, Maryland, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Carolina, Virginia, and Washington D.C.). and be it further Resolved that the increase in non-resident undergraduate tuition for students at each of the University Centers is subject to the approval by the Governor and Chancellor of a long term economic and academic plan submitted by each University Center. (2011-080) Mr. Belluck expressed concern regarding the $300 increase. He also reiterated his concern as it relates to the Buffalo plans and the 2020 program because of the use of tuition dollars as an economic development program. Mr. Belluck concluded by stating he will vote in favor as he doesn’t feel there is a choice with respect to the university system, but asked when Trustees vote they keep in mind the burden placed on families. Mr. Howard continued by asking for the approval of the 2011-2012 State-Operated & Statutory College Core Instructional Budget Allocations. Upon motion by Mr. McCall, seconded by Mr. Hunt, the following resolution unanimously approved. Approval of 2011-12 State Operated and Statutory College Core Instructional Budget Allocations Whereas in accordance with Education Law §355(4), the Board of Trustees has authority to allocate annual appropriations among the State-operated and statutory colleges and programs of the University; and Whereas pursuant to Education Law §355(19) the University is required to provide the Chairs of the Senate Finance Committee and Assembly Ways and Means Committee, the State taxpayer support allocations and overall budget allocations for each State-operated campus and University-wide Program, as well as the formula and/or methodology used to make such allocations of State taxpayer support; and Whereas the 2011-12 Enacted State Operations Budget provides for total core instructional support for the State University of $2,295,607,300, consisting of $961,623,300 in direct State taxpayer support, $110,723,000 of other State University revenue distributed in proportion to State support, and $1,223,261,000 in estimated State University income from tuition and other revenue; and Whereas the 2011-12 Enacted State Operations Budget included a reduction of $150 million; and Whereas the impact of the loss of State support to the University hospitals requires a permanent distribution of $14 million from the campuses to the academic health centers; and Whereas Board of Trustees has authorized an increase in tuition rates for all resident and non-resident undergraduate, graduate, and first professional degree students, effective with the Fall 2011 semester; now, therefore, be it Resolved that the proposed core instructional budget allocations by campus and program set forth below be, and hereby are, approved for the State University of New York for the 2011-12 University fiscal year beginning July 1, 2011, in a total amount of $2,295,607,300: DOCTORAL DEGREE GRANTING INSTITUTIONS Albany $154,994,000 Binghamton 136,725,300 Buffalo University 343,150,200 Stony Brook 292,960,200 Downstate Medical 86,100,800 Environmental Science & Forestry 33,419,600 Optometry 18,803,000 Upstate Medical 65,555,200 COMPREHENSIVE COLLEGES Brockport 59,005,200 Buffalo State 79,587,100 Cortland 50,271,800 Empire State 51,453,400 Fredonia 40,635,200 Geneseo 40,742,200 New Paltz 57,475,000 Old Westbury 27,760,200 Oneonta 44,686,200 Oswego 56,468,400 Plattsburgh 48,221,100 Potsdam 37,606,100 Purchase 41,353,700 TECHNOLOGY COLLEGES Alfred 25,866,300 Canton 18,526,600 Cobleskill 20,768,900 Delhi 18,897,200 Farmingdale 41,166,500 Maritime 18,602,300 Morrisville 25,184,900 SUNYIT 18,344,600 STATUTORY COLLEGES Ceramics 8,088,100 Cornell 121,231,700 SYSTEM ADMINISTRATION 13,804,300 UNIVERSITY-WIDE GOVERNANCE Student Assembly 56,700 FACULTY SUPPORT Faculty Diversity Program 421,400 ECONOMIC DEVELOPMENT Development Centers for Business & Industry 110,800 Small Business Development 1,934,500 Strategic Partnership for Industrial Resurgence 1,862,200 RESEARCH College of Nanoscale Science and Engineering 1,928,600 Cord Blood Bank 205,600 Earthquake Center 1,642,900 Empire Innovation 9,856,900 GRI NonDoctoral 172,200 SUNY Leadership Institute 246,600 Just for the Kids 233,400 Library Conservation & Preservation 331,400 Office of Global Affairs 1,194,900 Research Institute on Addictions 2,798,500 Rockefeller Institute 1,618,400 Sea Grant 437,800 Stony Brook/Brookhaven/Cold Springs Collaboration 205,400 TwoYear College Development 37,000 STATE NEEDS/PUBLIC SERVICE High Needs Programs 3,211,600 High Needs Nursing Program 1,780,300 Sportsman Institute at Cortland 631,300 SUNY Urban Teacher Education Center 292,800 TECHNOLOGY Academic Equipment Replacement 4,631,600 Computer Center 3,510,700 Education Technology 4,195,400 Information Security Initiative 191,100 Library Automation 1,078,200 New York Network 666,600 Student Computing Access 3,182,100 Telecommunications Network 837,000 STUDENT SUPPORT/FINANCIAL AID Child Care Centers 1,554,500 Community College Transfer Program 222,500 Empire State Scholarships 621,900 Maritime Appointments 239,600 Office of Diversity, Equity, and Inclusion 457,900 Native American Program 213,200 Student Loans 3,075,000 Student Support Services 539,000 SUSTA 1,570,700 Tuition Reimbursement 34,697,600 Graduate Diversity Fellowships 6,039,300 PROGRAMS FOR THE DISADVANTAGED Educational Opportunity Centers 48,198,600 Educational Opportunity Programs 19,345,300 TRANSITIONAL FUNDING 3,742,900 UNIVERSITY-WIDE PROGRAM TO BE ASSIGNED (5,989,200) SHARE OF THE HOSPITAL REDUCTION 14,000,000 UNDISTRIBUTED APPROPRIATION 20,119,300 TOTAL UNIVERSITY $2,295,607,300 and, be it further Resolved that upon completion of revised revenue projections for 2011-12 by the campuses, and upon completion of a distribution plan for the University-wide programs, the updated campus and program allocations will be reported to the Finance and Administration Committee and transmitted to the Director of the Budget, the Chairs of the Senate Finance Committee and Assembly Ways and Means Committee, and the Office of the State Comptroller, and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to modify the allocations provided for herein (excepting the statutory colleges) in accordance with Resolution 86-48 adopted March 26, 1986, and to develop and transmit to the Director of the Budget and to the Chairs of the Senate Finance Committee and Assembly Ways and Means Committee a Financial Plan consistent with the allocations provided for in this resolution. (2011-081) Mr. Howard noted that the Fee Guidelines resolution was not advanced by the Finance and Administration Committee. Upon motion of Mr. Belluck, seconded by Mr. Murad, the following resolution was unanimously approved. Executive Reorganization Resolved that David Lavallee be, and hereby is, appointed Executive Vice Chancellor for Academic Affairs & Provost, effective immediately. Resolved that Johanna Duncan-Poitier be, and hereby is, appointed Senior Vice Chancellor for Community Colleges and the Education Pipeline, effective immediately. Resolved that William F. Howard be, and hereby is, appointed Senior Vice Chancellor & General Counsel, effective immediately. Resolved that Elizabeth Bringsjord be, and hereby is, appointed Vice Chancellor for Academic Programs & Planning and Vice Provost, effective immediately. Resolved that Brian Hutzley be, and hereby is, appointed as Interim Vice Chancellor for Financial Services & Chief Financial Officer, effective immediately. Resolved that the Board supports the other aspects of the Chancellor’s plan for reorganization of the University’s senior executive team going forward, including the creation of Vice Chancellor positions for Finance and Research, and that the Board confirms the Chancellor’s authority to fill all such positions on an acting or interim basis, subject to the authority of the Board to appoint ongoing positions at the level of Vice Chancellor or above. (2011-082) 8. ADJOURNMENT Being no further business, upon motion of Mr. McCall, seconded by Ms. Sanford, the Public meeting was adjourned at 3:35pm. 4 Board Minutes0-7-0June 30, 2011 18 Board Minutes -16- June 30, 2011