Minutes of Meetings of the Board of Trustees of State University of New York November 22, 2011 (Subject-to-Correction) The Board of Trustees of the State University of New York met on November 22, 2011 at 1:55 p.m. at The State University of New York, Global Center, 116 East 55th Street, New York, New York pursuant to calls sent by the Office of the Secretary of the University on November 9, 2011. November 22, 2011 10:00 a.m. Trustees present: Chairman McCall, Ms. Beachner, Mr. Belluck, Dr. Good, Mr. Hayden, Mr. Hunt, Mrs. Lewin, Dr. Lichtman, Mr. Murad, Dr. Noguera, Mr. Spielvogel, Mr. Staller, Mrs. Warren-Merrick, Dr. O’Brien, Ms. Sanford, Trustee present via video: Dr. Ehrenberg (Cornell) Also present: Chancellor Zimpher; Mrs. Duncan-Poitier, Mrs. Gambrill; Mrs. Hengsterman; Mr. Howard; Mr. Hutzley, Dr. Lavallee; Mrs. LoTurco 1. CONVENING OF PUBLIC MEETING Chairman McCall convened the Public meeting at 10:00 a.m. which was held at the State University of New York, Global Center, New York, New York. Inadvertently, this portion of the Public meeting was not webcast. He called for a roll call of Trustees participating in the meeting. It was noted there were fifteen members participating, including two non-voting members, in person and via video from Cornell. Mr. McCall declared a quorum and stated there will be a number of resolutions and several personnel matters to act on. 2. CONVENING OF EXECUTIVE SESSION At 10:03 a.m., Mr. McCall 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 duly made and seconded, it was unanimously agreed to convene an Executive Session for the purposes specified by Mr. McCall. During the Executive Session, a motion was considered regarding the appointment of Harvey Stenger as President of Binghamton University, as stated below. Eight Trustees voted in favor of the motion; Trustees Beachner, Belluck, Spielvogel and Staller voted against the resolution; and Trustee Ehrenberg abstained; thus the motion carried. Mr. McCall recessed the Executive Session at 1:55 p.m. 1:55 p.m. Trustees present: Chairman McCall, Ms. Beachner, Mr. Belluck, Dr. Good, Mr. Hayden, Mr. Hunt, Mrs. Lewin, Dr. Lichtman, Mr. Murad, Mr. Spielvogel, Mr. Staller, Mrs. Warren-Merrick, Dr. O’Brien, Ms. Sanford, Trustee present via video: Dr. Ehrenberg Trustees absent: Dr. Noguera Also present: Chancellor Zimpher; Mrs. Duncan-Poitier, Mrs. Gambrill; Mrs. Hengsterman; Mr. Howard; Mr. Hutzley, Dr. Lavallee; Mrs. LoTurco 3. RECONVENING OF PUBLIC MEETING Mr. McCall reconvened the Public Meeting at 1:55 p.m. which was held at The State University of New York, Global Center, 116 East 55th Street, New York, New York. There were a number of individual personnel matters and resolutions which were discussed in Executive Session. A roll call of the Trustees participating in the meeting was done and it was noted there were fourteen members participating, including two non-voting members, in person and via video from Cornell. Mr. McCall declared a quorum. 4. CHAIRMAN’S REPORT Mr. McCall thanked Governor Cuomo for his appointment as Chairman and thanked his colleagues for their support. Mr. McCall summarized why he took the position and stated his intentions to do everything he can with the support of his colleagues to make SUNY the best public higher education institution in the country. He stated he would like to make sure every student who attends a SUNY school gets a first class quality education that is affordable and accessible to all of the students. Lastly, Mr. McCall stated he wants to make sure SUNY is accountable and transparent to the public, the taxpayers of New York. 5. CHANCELLOR’S REPORT Chancellor Zimpher began her report by pledging to protect our campus voice and to honor the commitment to freedom of speech and the necessary protections that go with this commitment. She also stated her intent to protect the student body, faculty and staff and the thousands of individuals that attend campus daily. Chancellor Zimpher continued her report with personnel resolutions including the results of the Binghamton presidential search, special commendation for Chair Emeritus Carl Hayden, and a presentation on the concept of shared services. Chancellor Zimpher introduced Dr. Harvey G. Stenger, Jr. and recommended him as the next President of Binghamton University. She indicated he was the unanimous choice of the search committee and the university council. The search committee interviewed a diverse group of 25 candidates in two phases, with the final phase involving intensive interviews in small groups for six candidates. The finalist were all preeminent scholars who served very successfully in administrative leadership roles such as Provost, Dean of a School of Engineering, Vice President for Academic Affairs, at leading Research institutions and with impressive portfolios of administrative accomplishments. Appointment of Harvey G. Stenger Jr., as President – the State University of New York Binghamton Upon motion by Mr. Hayden, seconded by Mrs. Lewin, the following resolution was approved by affirmative votes from all present, except for negative votes by Mr. Belluck, Mr. Spielvogel, Ms. Beachner, and an abstention by Dr. Ehrenberg. Resolved that the appointment of Harvey G. Stenger, Jr. as President of Binghamton University, at a State salary of $385,000, effective January 1, 2012, be and hereby is, approved. In addition to the State salary, Dr. Stenger will receive an annual housing allowance of $60,000 until such time as a presidential house is provided and $50,000 per year at this time from the campus’ allocation of funds within The Research Foundation of State University of New York in recognition of and in support of his leadership of Binghamton’s research efforts. In addition, Dr. Stenger is approved for a total salary of $510,000 as of July 1, 2012. (2011-109) Chairman McCall welcomed Dr. Stenger and invited him to say a few words. Dr. Stenger thanked everyone for the opportunity to serve as President of Binghamton University. Chancellor Zimpher continued with resolutions with respect to senior official appointments. Appointment of William F. Howard as Secretary of the University Upon motion of Mr. Murad, seconded by Ms. Beachner, the following resolution was approved by affirmative votes from all present. Resolved that William F. Howard be, and hereby is, appointed Secretary of the State University of New York, effective immediately, to serve as Secretary in addition to his offices as Senior Vice Chancellor and General Counsel; and, be it further Resolved that Mr. Howard will continue to be compensated at an annual salary of $250,000, subject to review and increase in accordance with the provisions of the State University Salary and Compensation Plan. (2011-110) Appointment of Brian Hutzley as Vice Chancellor for Financial Services and Chief Financial Officer Upon motion of Mr. Belluck, seconded by Ms. Sanford, the following resolution was approved by affirmative votes from all present. Resolved that Brian Hutzley be, and hereby is, appointed Vice Chancellor for Financial Services and Chief Financial Officer of the State University of New York, effective immediately; and, be it further Resolved that Mr. Hutzley will be compensated at an annual salary of $210,000, subject to review and increase in accordance with the provisions of the State University Salary and Compensation Plan. (2011-111) Chairman McCall stated a few words about Carl Hayden and his contribution as Chairman, before presenting him with the following resolution: Special Service Commendation to Trustee Carl T. Hayden Upon motion by several members of the Board, the following resolution was approved by affirmative votes from all present. Whereas Carl T. Hayden has served SUNY and New York State since October 2007 as chairman of the Board of Trustees of the State University of New York; and Whereas in that capacity, he served with the highest level of distinction and character, exercising keen judgment, unwavering loyalty, supreme knowledge, and a clear focus on the SUNY mission; and Whereas Trustee Hayden’s extraordinary leadership for SUNY during its most challenging financial times provided for a better way forward; and Whereas Trustee Hayden, as chair of the SUNY Chancellor Search Committee, played a leading role in attracting dynamic new leadership to SUNY in the person of Nancy L. Zimpher; and Whereas Trustee Hayden’s dedicated engagement with all SUNY stakeholders, including the state’s elected officials at every level, members of the campus communities at each of the 64 institutions and the public at large has both supported and called attention to SUNY’s various and numerous achievements; and Whereas, under Trustee Hayden’s leadership, the Board of Trustees membership has grown to include a voice for all SUNY faculty, with the addition of the presidents of the University Faculty Senate and Faculty Council of Community Colleges; and Whereas Trustee Hayden’s outstanding ability to inspire and to build broad consensus among disparate groups and interests, tireless efforts when confronted with daunting obstacles, firm leadership in the face of adversity, resolute advocacy for SUNY with governors and the state Legislature; and Whereas together with the students, the chancellor, campus presidents, faculty, alumni, staff, trustees, and friends Trustee Hayden helped to bring about the NYSUNY 2020 Challenge Grant Act, the most significant reform for the university in a generation; and Whereas Trustee Hayden has truly been an asset to the SUNY family; therefore be it Resolved Trustee Carl T. Hayden receives the deepest appreciation, the broadest gratitude, and the highest commendation from his colleagues on the Board of Trustees for his service to the State University of New York. (2011-112) Chancellor Zimpher presented Mr. Hayden with a gavel and thanked him for his leadership. Mr. Hayden thanked everyone for the honor of serving as Chair of the Board of Trustees of the State University of New York. Chancellor Zimpher continued her report and asked Provost Lavallee and Mr. Hutzley to provide the Board with an update on the concept of Shared Services, which they did. At the conclusion of the presentation and discussion, a resolution was presented on the topic of shared serves and shared presidencies. Shared Services: Administrative Alliances Upon motion by Mr. Spielvogel, seconded by Mrs. Lewin, the following resolution was approved by affirmative votes from all present, except for an opposition by Ms. Beachner. Whereas a reduction in State support for the State University of $1.4 billion over the past four years has compelled SUNY to re-evaluate its administrative structures and processes at every campus, and to think creatively about the management of its resources to make the system more efficient and fiscally sound; and   Whereas SUNY has committed to improving administrative efficiency while simultaneously working to preserve quality, accessibility, affordability, completion, and the unique student experience at each of its sixty-four campuses, recognizing these tenets as the foundation of the University's core mission; and   Whereas while a rational five-year tuition policy provides students and their families with a system of increases that is predictable and incremental, SUNY recognizes that increased tuition costs mean an even deeper obligation on its part to use and invest those funds responsibly; and Whereas by Res. 2011-063, adopted June 15, 2011, the Board acknowledged this responsibility and  authorized the Chancellor to direct the campuses to begin a collaborative process of identifying opportunities for cost savings and administrative efficiencies and the realignment of resources toward academic and student support services and other strategic priorities; and Whereas in August 2011, as a component of the overall efforts to maximize administrative efficiencies, and in addition to the system-wide Campus Alliance Networks that have been established to encourage shared services among all sixty-four campuses, the Chancellor announced the creation of three Administrative Alliances, where pairs of campuses (Canton/Potsdam, Morrisville/SUNYIT, Cobleskill/Delhi) with lower enrollments and whose campuses were receiving a total of approximately $9 million in subsidies to sustain independent administrative structures, would consolidate administrations and would be recommended to share a present; and   Whereas the principle for Administrative Alliances to go beyond merely sharing certain services as in Campus Alliance Networks was to enhance the ability of these select campuses to realign their spending, which is currently disproportionately high for administrative functions as compared to academic and student support services, by enabling a unified administration directed by a shared president or other common leader to more effectively identify ways to reduce administrative costs while becoming more student focused and allowing for the expansion of academic resources, course availability, and services for students by re-deploying administrative funds and sharing administrative services between the two campuses; and Whereas since August 2011, with the support of the Board, System Administration has been further consulting with affected stakeholders on the Administrative Alliances model and senior staff have made and received numerous communications on this topic and conducted a listening tour, which included dozens of meetings with campus presidents, provosts, business officers, student affairs officers, campus council members, the leadership of faculty and student governments, and legislators and their staff; and Whereas the feedback from these communications and the listening tour has been carefully weighed and discussed, leading SUNY System Administration to the conclusion that while there is overwhelming support for the concept of shared services in general, and for aligning a large portion of the administrations of the selected six campuses in particular, many constituents stopped short of being able to support the concept of one president serving two campuses simultaneously, and that such a long-term arrangement may not be necessary in order to achieve the primary goal of achieving administrative efficiencies and increasing the proportion of funding spent on academic and student support services; and Whereas SUNY appreciates the commitment of our constituents to engage in shared services and, wishes to alleviate the concern of sharing presidencies; now, therefore, be it Resolved as follows: 1) At this time, President Vancko and President Yeigh will remain respectively as Officer-in-Charge at Cobleskill and Morrisville while also serving as president at Delhi and SUNYIT, and President Kennedy and President Schwaller will remain as president of Canton and Potsdam, respectively. The Board authorizes the Chancellor to direct the presidents of Canton and Potsdam, and the President/Officer-in-Charge of Cobleskill and Delhi and Morrisville and SUNYIT, to continue to have both campuses in each such pairing work together promptly, diligently, and cooperatively to explore and implement shared services where appropriate and to devote the savings from such efforts to academics and student support services, particularly working toward a goal of increasing the percentage of operating funds devoted to instruction and academic services. 2) The joint report currently required by Res.2011-084, adopted September 20, 2011, from the Presidents of Canton and Potsdam shall be due to the Chancellor by July 15, 2012 (instead of March 30), and the Board shall consider such report, and commentary and analysis thereon, by its January 2013 meeting. 3) The Presidents/Officers-in-Charge at Cobleskill/Delhi and Morrisville/SUNYIT shall also prepare and submit reports to the Chancellor by July 15, 2012 on their progress to date in aligning those administrations and in creating administrative efficiencies and devoting a higher percentage of funding to academic and student support services, and their recommendations as to whether there should be a shared presidency between those campuses, whether there would be substantial obstacles or costs to such a shared presidency, and whether they recommend such a shared presidency, the continuation of separate presidencies, or some other organizational structure or approach to best achieve the above goals. Such report shall also be transmitted promptly to the chairs of each college council, and shall be made public and shared with other campus and State-wide constituencies also, who are each invited and encouraged to provide their comments and views on such report to the Chancellor. 4) The report from each pair of campuses must include how the campuses are able to accomplish the following a.) Demonstrated progress toward a 10 percentage point increase from current percentage of operating budget devoted directly to instructional budget, or achievement of at least 52% spending on instructional budget in total, with a plan of how to reach the remainder of such goals by June 30, 2014. b.) A full alignment of administrative staff, including but not limited to Institutional Research, Human Resources, Finance, Accounting, Purchasing, Billing, Budget and Facilities consolidated toward an eventual goal of a unified administration, with the exception of the president. Limited additional exceptions may be made on a case-by-case basis in consultation with, and subject to the approval of, the Chancellor or her designee. c.) Significant progress toward full consolidation of business and student information systems, processes and software, in all major areas, such as registrar, accounts payable, procurement, and others. 5) In addition to College Councils and others referred to above, the Strategic Planning Steering Committee, comprised of sector representatives and shared governance leaders, will review and advise on the reports. 6) The Chancellor will assess the reports and input from all other constituencies and determine if the goals have been adequately met and will recommend appropriate action to the Board. 7) Upon submission and consideration of the reports described above and successful implementation of the above goals at each pairing of campuses, as determined by the Chancellor, the Chancellor will work with each College Council at a college where there is a presidential vacancy to initiate a search for a single campus president for each such school. (2011-113) Following the resolution, a representative of the SUNY Canton student body expressed concerns of some students at the campus about the idea of shared presidencies. 6. APPROVAL OF MINUTES Approval of Minutes of the Board’s Meeting Held on September 20, 2011 Upon motion of Mr. Hunt, seconded by Mrs. Lewin, the proposed minutes were approved by affirmative votes from all present as the official minutes of the meetings held. 7. CONSENT AGENDA ITEMS Chairman McCall called upon Mr. Howard for the resolutions from the consent agenda from the committees. Upon motion of Mr. Belluck, seconded by Mr. Spielvogel, the following resolutions were approved by affirmative votes from all present. Awarding of Honorary Degrees Resolved that the candidates for Honorary Degrees set forth in a listing which has been filed with the Secretary of the University under date of November 22, 2011 be, and hereby are, approved for conferral of such degrees on the dates and at the places specified in the listing, in accordance with the Guidelines for the Awarding of Honorary Degrees, as last amended by Resolution 90-49, dated March 29, 1990. (2011-114) Naming of Louis and Beatrice Laufer Center for Physical and Quantitative Biology – State University of New York at Stony Brook Resolved that the action of the Stony Brook Council of the State University of New York at Stony Brook in re-naming the former Life Sciences Research Library the “Louis and Beatrice Laufer Center for Physical and Quantitative Biology” be, and hereby is, approved. (2011-115) Special Service Commendation to Former Assistant Vice Chancellor of Communications Morgan Hook Whereas Assistant Vice Chancellor of Communications Morgan Hook served the State University of New York with dedication, loyalty, clarity of mission and communication, and good humor for the past year; and Whereas in that time, Mr. Hook facilitated notable statewide editorial support for SUNY that led to the ultimate passage of NYSUNY 2020 and the implementation of a five-year rational tuition policy; and Whereas Mr. Hook’s diligent work with state and national media has helped to raise awareness of Chancellor Zimpher’s efforts to develop cradle-to-career networks throughout New York and support those in other states; and Whereas Mr. Hook’s engagement with the media has supported SUNY’s role as an economic driver for New York State; and Whereas Mr. Hook’s direction and counsel for SUNY’s media relations and external communications has lifted the public profile and perception of the State University of New York; and Whereas Mr. Hook has truly been an asset to Chancellor Nancy L. Zimpher and the SUNY system; therefore be it Resolved that Morgan Hook receive the highest commendation from the Board of Trustees for his service to the State University of New York. (2011-116) Conveyance of Permanent Easement – SUNY Canton Whereas SUNY Canton is currently constructing a new electrical substation to serve the immediate and future electrical needs of the campus scheduled for completion in 2011; and Whereas completion of the new electrical substation is critically important to the State University of New York, and especially to SUNY Canton and its mission to advance education, research, and economic development; and Whereas Niagara Mohawk Power Corporation is seeking permission to install, on land owned by the State in the Village of Canton, St. Lawrence County, a 23kV electric service for the interconnection customer facilities of SUNY Canton; and Whereas Niagara Mohawk Power Corporation requires a permanent easement, the approximate location of which is indicated on the map attached hereto, to construct and maintain the 23kV electric service to the SUNY Canton-owned electrical substation; and Whereas the Commissioner of General Services is authorized and empowered to convey easements in the lands of The People of the State of New York; now, therefore, be it Resolved that the Chancellor, or designee, be and hereby is authorized to take all steps necessary to execute or approve in the name of and on behalf of this Board, all documents, notices, maps, or any other instruments necessary or proper to effect conveyance of such easement pursuant to Section 3(2) of the Public Lands Law, subject to approval of the Commissioner of General Services. (2011-117) Conveyance of Permanent and Temporary Easements – Statutory Colleges at Cornell University, Ithaca, New York Whereas, pursuant to Education Law §§5711, 5712, 5714 and 5715, Cornell University administers four statutory colleges at Cornell University, Ithaca, New York, subject to the supervision of the State University Board of Trustees; and Whereas Tompkins County wishes to make improvements to a county highway, Hanshaw Road, on State property at Cornell University that adjoins Hanshaw Road in the Towns of Ithaca and Dryden, New York (the “Project”); and Whereas Tompkins County requires a permanent easement for highway improvement purposes, as well as temporary easements for grading purposes in connection with the Project, and Cornell University has requested that the State University authorize the grant of such easements, the approximate locations of which are set forth in the attached legal description; and Whereas the Commissioner of General Services is authorized and empowered to convey easements in the lands of The People of the State of New York; now, therefore, be it Resolved that the Chancellor, or designee, be and hereby is authorized to take all steps necessary to execute or approve in the name of and on behalf of this Board, all documents, notices, maps, or any other instruments necessary or proper to effect conveyance of such easements pursuant to Section 3(2) of the Public Lands Law, subject to approval of the Commissioner of General Services. (2011-118) Tax-Exempt Leasing Program -- University Hospital Medical Center at Syracuse Whereas pursuant to Title 18, Chapter 6 of the Unconsolidated Laws, as amended, State University of New York has the statutory authority to participate in the Dormitory Authority of the State of New York's Tax-Exempt Leasing Program ("Program") for hospitals and residential health care facilities; and Whereas University Hospital Medical Center at Syracuse desires to participate in the Program to finance certain equipment; and Whereas it is desirable to finance the cost of the Hospital's equipment acquisition and installation through the Program; now, therefore, be it Resolved that the form and content of the proposed Master Lease and Sublease Agreement ("Agreement”) by and between the State University and the Dormitory Authority of the State of New York (copy on file in the Office of the Secretary of the University), be, and hereby is, approved; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute and deliver one or more said Agreements in the name and on behalf of the State University of New York, for and on behalf of University Hospital Medical Center at Syracuse, with such changes and additions, not materially altering said Agreement, as may be found appropriate to effectuate the purposes thereof, and to provide all certifications, assurances or other documents, and to take any and all steps necessary and appropriate to enable the State University to participate in the Program for the acquisition and installation of the Hospital’s equipment in an amount not to exceed $20.4 million. (2011-119) Acquisition of Real Property – SUNY College of Environmental Science and Forestry Upon motion by Mr. Belluck, seconded by Mr. Spielvogel, the following resolution was approved by affirmative votes from all present, except for an abstention by Mr. Murad. Whereas it is necessary for the purposes of the State University of New York College of Environmental Science and Forestry to acquire real properties to accommodate future growth, specifically the construction of a new 120,000 sq. ft. academic research building which will foster educational and research opportunities and provide the College of Environmental Science and Forestry with a mission-critical facility; and Whereas the College has under consideration two sites located in the City of Syracuse in close proximity to the College, identified on the map attached hereto as the “ESF Foundation” site and the “Syracuse University” site, respectively; and Whereas each the ESF Foundation site, owned by an affiliate of the ESF Foundation, and the Syracuse University site, owned by Syracuse University, has an appraised value of $4,250,000; now, therefore, be it Resolved that either the ESF Foundation site or the Syracuse University site located in the City of Syracuse, County of Onondaga, State of New York, be purchased, as the President of the College of Environmental Science and Forestry shall determine, for a sum not to exceed $4,250,000, as established by a proper appraisal, and accurate surveys and approval of titles to said real properties by the Attorney General; and, be it further Resolved that the President of the College of Environmental Science and Forestry, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such real properties; and, be it further Resolved that Res. 2011-076, adopted June 15, 2011, be, and the same hereby is, repealed. (2011-120) 8. COMMITTEE PRESENTATIONS AND RESOLUTIONS Academic Medical Centers/Hospitals Mr. Murad provided the Board with a brief report on the proposed budget request for State support for SUNY hospitals. The budget request includes a $55 million increase for hospital state support for a total request of $115 million. The request this year is different than in past years because it is solely focusing on the differential between the fringe benefit costs are at the three hospitals and what the fringe benefit cost at public hospitals. Stony Brook, Upstate, and Downstate are 40% whereas the national average is approximately 25%. The Board received a briefing from Upstate Medical University and their CEO, John McCabe regarding the acquisition of Community General Hospital on the southwest side of Syracuse. The transition was a smooth one and as a result it is now called SUNY Upstate Medical University at Community General. There was also a brief presentation on capital requests which includes the efforts at Brooklyn Downstate for ambulatory service expansion, a new bed tower at Stony Brook, and Community General Hospital renovations at Syracuse to bring the facility up–to-date. Academic Affairs Mrs. Warren-Merrick updated the Board on an initiative under the Chancellor’s education pipeline. The biomedical research award for community college students is effective June 11th through August 3rd, 2012 at Stony Brook University. Twelve students will be selected from a state-wide search and they will be afforded several opportunities under that program. Chairman McCall stated there were a number of resolutions emerging from the Academic Affairs committee and asked Mr. Howard to read the following: Appointment of Distinguished Professors Upon motion by Mr. Spielvogel, seconded by Ms. Beachner, the following resolution was approved by affirmative votes from all present. Whereas the State University of New York Board of Trustees has proudly established a historic tradition of acknowledging and honoring extraordinary faculty achievement through appointment to Distinguished Faculty Rank; and Whereas the appointment to Distinguished Faculty Rank at the state-operated campuses is both a system-wide distinction and a promotion in rank; and Whereas the SUNY Board of Trustees has the authority to bestow system-wide distinctions; now, therefore, be it, Resolved that each faculty member listed be, and hereby is, appointed to the rank of Distinguished Professor at the State University of New York campus indicated, effective November 22, 2011: Professor John Monfasani, University at Albany Professor Richard Salvi, University at Buffalo Professor Sanjay Sampath, Stony Brook University Professor Christopher Turner, Upstate Medical University (2011-121) Appointment of Distinguished Service Professor Upon motion by Ms. Sanford, seconded by Mr. Murad, the following resolution was approved by affirmative votes from all present. Whereas the State University of New York Board of Trustees has proudly established a historic tradition of acknowledging and honoring extraordinary faculty achievement through appointment to Distinguished Faculty Rank; and Whereas the SUNY Board of Trustees, Chancellor Zimpher and the State University’s executive leadership wish to extend SUNY’s highest tribute to the Community Colleges in recognition of the extraordinary contributions and achievements of faculty in this sector; and Whereas the SUNY Board of Trustees has the authority to bestow system-wide distinctions; now, therefore be it, Resolved that the faculty member listed be, and hereby is, appointed as a Distinguished Service Professor as an honorific distinction at the campus indicated, effective November 22, 2011: Professor Louis M. Rotando, Westchester Community College (2011-122) Appointment of Distinguished Librarian Upon motion by Mrs. Lewin, seconded by Mr. Spielvogel, the following resolution was approved by affirmative votes from all present. Whereas the State University of New York Board of Trustees has proudly established a historic tradition of acknowledging and honoring extraordinary faculty achievement through appointment to Distinguished Faculty Rank; and Whereas the appointment to Distinguished Faculty Rank at the state-operated campuses is both a system-wide distinction and a promotion in rank; and Whereas the SUNY Board of Trustees has the authority to bestow system-wide distinctions; now, therefore, be it, Resolved that the faculty member listed be, and hereby is, promoted to the rank of Distinguished Librarian at the state-operated campus indicated, effective November 22, 2011: Ms. Constantia Constantinou, Maritime College (2011-123) Following the reading of the above resolutions, Trustee O’Brien stated the distinguished award is the highest rank a member of the SUNY faculty can achieve and in the future he would like to see a sentence or two describing their accomplishments. Finance and Administration Upon motion by Mr. Spielvogel, seconded by Mr. Belluck, the following resolution was approved by affirmative votes from all present, except for an abstention by Dr. Ehrenberg. 2011 Multi-Year Master Capital Plan Update Whereas the State University of New York has heretofore prepared and periodically updated a Master Capital Plan establishing long-range capital construction program plans for the State-operated campuses of the University, including the University’s three teaching hospitals; and Whereas Ch. 678 L. 1988 authorized a new capital construction financing program for State University educational facilities and enacted Education Law §355(13) to require that the Board of Trustees approve and submit an annual Master Capital Plan to the Chairs of the Assembly Ways and Means Committee and the Senate Finance Committee and to the Director of the Budget; and Whereas Ch. 59, Part NN, L. 2004 amended Education Law §355(13) to further require that the annual Master Capital Plan include, in addition to information regarding future planned capital program and project activities, certain types of financial reporting for educational facilities capital projects underway; and Whereas Ch. 57, Part GG, L. 2008 amended Education Law §355(13) to further require that the annual Master Capital Plan also describe how projects support improvements in environmental protection, energy and resource management, solar energy and conservation; now, therefore, be it Resolved that the State University Multi-Year Master Capital Plan Update, dated November 2011, be, and hereby is, approved; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to submit the State University Master Capital Plan Update to the Chairs of the Assembly Ways and Means Committee and the Senate Finance Committee, and to the Director of the Budget in accordance with Education Law §355(13). (2011-124) Upon motion by Mr. Murad, seconded by Mr. Spielvogel, the following resolution was approved by affirmative votes from all present, except for an opposition by Mr. Belluck and an abstention by Ms. Beachner. Five Year Tuition Plan Whereas the State University provides the people of New York State with educational services of the highest quality, with the broadest possible access, fulfilling its statutory mission; and Whereas the University has implemented a rational tuition plan, calling for modest tuition increases each year, which will allow students and their parents to plan for the cost of college; and Whereas the NY-SUNY 2020 Challenge Grant Program Act (Chapter 260 of the Laws of 2011) requires a master tuition plan to be adopted by the University’s Board of Trustees and be submitted to the chairs of the Assembly Ways and Means Committee and the Senate Finance Committee and to the Director of the Budget by November 30 of each year; now, therefore, be it Resolved that the Five Year Tuition Plan, covering the period 2011-12 through 2015-16, as outlined in the attached table (at the maximum “up to” level), is approved; and, be it further Resolved that the Board of Trustees will revisit the plan each November, making such adjustments as necessary given the existing fiscal climate and in consideration of other factors the Board shall deem relevant. (2011-125) Upon motion by Mr. Belluck, seconded by Mr. Spielvogel, the following resolution was approved by affirmative votes from all present, except for an abstention by Dr. Ehrenberg. 2012-13 Operating Budget Request Whereas the State University provides the people of New York State with educational services of the highest quality, with the broadest possible access, fulfilling its statutory mission; and Whereas the entire State University community understands the unprecedented economic challenges facing New York State and continues to play its role in meeting these challenges; and Whereas the enactment of the NY-SUNY 2020 Challenge Grant Program Act provides unprecedented fiscal stability for the State-operated campuses; and Whereas the State University fully supports the Governor’s vision to make government work better, work smarter and operate more efficiently; and Whereas the State University is implementing a wide-ranging series of efficiency actions, including strategic sourcing, IT transformation, administrative alliances, and campus alliance networks, to generate administrative savings that will be reinvested in instruction and student services; and Whereas the ten Regional Economic Development Councils – public-private partnerships composed of local experts and stakeholders from business, academia, local government, and non-governmental organizations – are tasked with developing strategic plans that emphasize each region’s strengths and unique assets to put people back to work, get our economy back on track, and restore New York State as the Empire State; and Whereas the Governor recognizes that higher education institutions are essential components of the State’s economic engine, serving as centers of innovation and research, teaching the business leaders of tomorrow, anchoring our communities, and creating jobs, and has, accordingly, ensured that each council includes members affiliated with higher education institutions located within that region; and Whereas the State University’s budget request reflects careful consideration of the necessary State support and appropriation levels required to continue providing high-quality services; and Whereas the three SUNY hospitals provide world class medical care to their regions, produce leading-edge research in health care and play a critical role in their regional economies; and Whereas the 30 SUNY community colleges ensure open access to high quality postsecondary education and contribute significantly to the development of an educated citizenry and skilled workforce; now, therefore, be it Resolved that the State University will continue its efforts to find administrative savings to reinvest in education and student support; and, be it further Resolved that the University, in its desire to assist in meeting the economic needs of the State, will align its request for strategic initiatives with proposals to be submitted by the REDCs, and that the Chancellor is hereby authorized to submit such a request, in an amount not to exceed $40 million; and, be it further Resolved that in order to meet the ongoing costs of current operations, preserve gains in academic quality, achieve excellence and serve the State of New York to the greatest degree possible, the University requests that the level of direct tax support for its State-operated campuses and System Administration be increased by $64,222,600, and by $9,511,000 for its statutory and contract colleges; and, be it further Resolved that in order to meet the needs of the Cornell Cooperative Extension and to fully fund the statutory formula, the University requests that the level of direct tax support be increased by $743,000; and, be it further Resolved that to ensure SUNY hospitals continue to provide world class medical care to their regions and continue their leading-edge research in health care and their important role in their regional economies, the University requests that the level of direct tax support for the hospitals be increased by $55,600,000; and, be it further Resolved that in order to ensure necessary funds are available to support the ongoing costs of current operations while not placing disproportionate financial pressures on local governments or students, the University requests that the level of direct tax support for its community colleges be increased by $23,654,600, with a goal of reaching a 33% State support share in five years; and, be it further Resolved that in order to ensure necessary funds are available to support general State charges paid directly by the University, the University requests that the level of direct tax support for certain fringe benefit payments be maintained at the appropriate levels; and, be it further Resolved that the appropriation level for the University’s tuition revenue offset fund be increased to reflect both the 2012-13 tuition plan submitted by the Board of Trustees and current enrollment levels; and, be it further Resolved that appropriations for the University’s special revenue funds be set at the appropriate levels to cover collective bargaining, general inflation and changes in activity; and, be it further Resolved that the proposed operating budget request for State-operated and statutory colleges and the community colleges (copy on file with these minutes in the Office of the Secretary) as described in this resolution and the attached background materials be, and hereby is, approved for the 2012-13 University fiscal year beginning on July 1, 2012, and the Chancellor, or designee, be, and hereby is, authorized to transmit such budget request to the Director of the Budget, to be allocated as follows: State Operated Tax Dollar Support $896,526,100 Statutory Colleges $138,830,800 Cornell $130,497,700 College of Ceramics at Alfred University $8,333,100 Cornell Cooperative Extension $4,663,000 Hospital Support $115,600,000 Community Colleges $465,005,900 General State Charges $212,956,000 Total State Tax Support $1,833,581,800 Tuition Revenue Offset Appropriation $1,485,549,900 Special Revenue Funds – Other $1,393,100,000 General Income Fund Reimbursable $837,800,000 Residence Hall Operations $343,400,000 State University Tuition Reimbursable Account $171,900,000 Stabilization Fund $40,000,000 Special Revenue Funds – Hospitals $2,955,829,100 Long Island Veterans’ Home $44,100,000 Hospital Operations $2,811,729,100 Hospital IFR $100,000,000 Fiduciary Funds - Student Loans $37,000,000 Internal Service Funds - Banking Services $20,100,000 Special Revenue – Federal $428,600,000 Supplemental Educational Opportunity Grants $9,000,000 Teach Grants $28,000,000 Pell Grants $375,000,000 College Work Study $15,000,000 Scholarship for Disadvantaged Students $1,500,000 Iraq and Afghanistan Service Grant $100,000 Total Other Appropriated Funds $4,834,629,100 Total 2012-13 Budget Request $8,153,760,800 and, be it further Resolved as part of the University’s efforts to use its resources more effectively, the University-wide programs are being realigned and refocused to more effectively support the priorities of the University, with an emphasis on program accountability; and, be it further Resolved that the University requests all re-appropriations necessary for the following purposes be included in the 2012-13 Executive Budget: General Income Fund Reimbursable; Special Revenue Funds Federal (various student assistance programs); and Aid to Localities (legislative and other line item initiatives). (2011-126) Upon motion by Mr. Hunt, seconded by Mr. Murad, the following resolution was approved by affirmative votes from all present, except for an abstention by Dr. Ehrenberg. 2012-13 Capital Budget Request Whereas, the State University provides the people of New York State with educational services of the highest quality, with the broadest possible access, fulfilling its statutory mission; and Whereas a critical component of the University’s ability to meet its mission is to have the appropriate type and number of facilities in an excellent condition; now, therefore, be it Resolved that the University’s four capital plans, for educational facilities, community colleges (including projects for whom sponsor support is obtained no later than December 16, 2011), hospitals and residence halls, be fully funded; and, be it further Resolved that the proposed capital budget request for State-operated and Statutory Colleges and the Community Colleges (copy on file with these minutes in the Office of the Secretary) as described in this resolution and the attached background materials be, and hereby is, approved for the 2012-13 University fiscal year beginning on July 1, 2012, and the Chancellor, or designee, be, and hereby is, authorized to transmit such budget request to the Director of the Budget; and, be it further Resolved that the University requests all reappropriations necessary for the SUNY capital programs be included in the 2012-13 Executive Budget; and, be it further Resolved that the Chancellor should continue to work with the Governor on advancing the NY-SUNY 2020 Challenge Grant Program including securing any additional capital appropriations in support of the NY-SUNY 2020 Challenge Grant capital projects. (2011-127) Education, College Readiness and Success Mrs. Lewin updated the Board on behalf of Dr. Noguera. The committee was brought up to date on the work underway with cradle to career partnership, cooperative education developments, and the news that SUNY is the new home for the Empire State STEM Learning Network. The committee took action on a number of items including a vote to place the Roosevelt Children’s Academy Charter School on Long Island on probation for facilities violations and the recommendation of the Charter School Institute to make awards under the State Charter Schools Stimulus Fund Grant program. Research and Economic Development Ms. Sanford updated the Board on the progress and status of New York State’s 10 regional economic development council activities. There are a total of 10 regions and all the plans were due November 14th. Those 10 regions are competing for about $200 million in State grants and tax credits. The strategic plan review committee will rank plans and then award the $40 million to four regions. The balance of the funds is to be shared across the six other regions. Governor Cuomo has also appointed Chancellor Zimpher to serve on the state-wide Chairman’s committee of those regional economic development councils. The committee also heard a report from Mr. Boyce, of the Research Foundation, about a series of projects to advance the SUNY ecosystem, categorized as follows: 1) Encourage faculty innovation and entrepreneurship 2) Actively supporting university technology transfer 3) Facilitating industry and university collaborations for engaging with state-wide and regional economic development efforts, and 4) increasing collaborative research. Audit Mr. Hunt updated the Board on the October 28, 2011 meeting. KPMG, SUNY’s independent external auditors, provided the results of their audit of SUNY’s financial statements for the fiscal year and reported that KPMG was not aware of any significant deficiencies or material weaknesses in the design or operation of internal controls. KPMG anticipates issuing an unqualified opinion on the financial statements. No resolutions associated with the reports were taken at the meeting. Communications and External Affairs Mr. Spielvogel updated the Board on the presentation Mrs. Hengsterman provided to the committee. There is now a new SUNY blog available and Mr. Spielvogel invited everyone to blog away. The committee also received an update on Federal Relations, Strategic Plan implementation, regional showcases and a report on SUNY Global. Ad Hoc on Research Foundation Relationship Mr. Hunt updated the Board on the three task force meetings which occurred since the last board meeting. One was the joint meeting with the RF Taskforce members in Syracuse which included extensive discussion with technology transfer officers and research vice presidents and tours of research facilities at both Upstate Medical Center and the College of ESF. On November 8th the committee met in New York City and discussed the search for an RF President, the proposed research council which will advise the provost and provide vision for SUNY research and economic development, and also discussed roles related to RF Governance and RF customer service to the University. The committee feels there is a new level of cooperation between the RF and SUNY, and recommendations and plans are in place to ensure continued actions that will serve SUNY and New York State. Upon motion by Ms. Sanford, seconded by Mrs. Warren-Merrick, the following resolution was approved by affirmative votes from all present. Research Foundation Relationship Resolved that the Board acknowledges and accepts the recommendations of the Board of Trustees Ad Hoc Committee on Research Foundation Relationship regarding governance, operations, and actions that enhance the Research Foundation’s administration of SUNY’s sponsored programs and assistance to campuses in increasing research funding, technology transfer, and commercialization in support of SUNY’s efforts to revitalize New York’s economy, and supports the Chancellor, the Provost, the RF Board of Directors and others in moving forward to implement such recommendations. (2011-128) 9. OBSERVER’S REPORT Pierre Alric, ACT President reported on the successful ACT conference which took place last month in October. The conference was focused on shared services and roles and responsibilities of college council members. The business meeting included the adoption of a resolution in support of shared services but in opposition to shared presidents. 10. OTHER RESOLUTIONS Chairman McCall then called upon Mr. Howard to read a resolution that emerged from Executive Session. Upon motion by Mr. Murad, seconded by Mr. Hunt, the following resolution was approved by affirmative votes from all present. Salary Adjustments for Management/Confidential Employees in the State University’s Professional Service Whereas certain collective bargaining agreements that have been concluded with State employee unions this year implement changes to salary and benefits for certain State employees, and for certain State employees excluded from collective bargaining, the Legislature has authorized the Director of the Budget to devise and implement a plan to make changes in salary and benefits of such employees, including reducing the basic annual salary of such employees for the time and at the rate established by such plan for the time period specified in such plan; and Whereas since the enactment of Chapter 552 of the Laws of 1985, as set forth in Education Law section 355(4)(b), the State University Board of Trustees has been vested with the Authority to determine compensation of SUNY management/confidential employees; Whereas pursuant to Ch. 491 L. 2011 and by Bulletin B-1197, dated November 14, 2011, the Director of the Budget has set forth a plan applicable to certain management/confidential employees in the Executive Branch which, among other things, will provide such employees the equivalent of nine days of deficit reduction leave to be used by March 31, 2013 but will result in reduced compensation for nine consecutive pay periods beginning in December 2011, the cash value of such reductions to be repaid to employees in equal bi-weekly installments over 39 consecutive payroll periods commencing in April 2015; and Whereas the State University wishes to support the Governor in making necessary, reasonable and rational adjustments in the salary and benefits of its employees, including SUNY-employed management-confidential employees; now, therefore, be it Resolved that the Chancellor, or designee be, and hereby is, authorized to devise and implement a plan, at such time as the Chancellor, or designee, deems appropriate, to provide salary adjustments, including deficit reduction leave, to SUNY’s management/confidential employees, on terms generally in accordance with the terms set forth in Budget Bulletin B-1197, and in accordance with SUNY policies and practice, as the Chancellor deems appropriate. (2011-129) 11. ADJOURNMENT Being no further business, upon motion of Mrs. Lewin, seconded by Ms. Beachner, the meeting was adjourned at 3:47 p.m. Board Resolution -10- November 22, 2011 18 Board Minutes -26- November 22, 2011