Transcript Auburn University Senate Meeting

February 14, 2006

3:00 p.m.

 

Dr. Conner Bailey: Let me call this meeting to order and let me remind senators to please sign in at the back at the place indicated.  We’ll continue our normal practice of allowing anyone who is part of a group represented by this body-faculty, students, staff, A&P-to have the privilege of the floor to ask questions at the appropriate time.  In the event that there are many people interested in speaking on an issue before this body, please, we may allow senators to go forward.  Looking at the crowd, I think that we will not have a problem with that.  When you speak please go to one of the microphones, identify yourself and say whether or not you are a senator and what department or unit you represent.

 

The minutes of the January 17th meeting of the Senate have been posted and distributed.  I’d entertain a motion for approval of said minutes.  Rik Blumenthal-motion second?  Second, Howard Thomas.  Discussion?  All those in favor, signify by saying aye.  Opposed nay.  The minutes are approved.

 

Dr. Richardson is with us today and if I may introduce, invite him to come forward.  Dr. Richardson, thank you.

 

Dr. Ed Richardson, Interim President: Thank you very much, Dr. Bailey.  I wanted to attend this meeting since it is the first one after our Board of Trustee meeting and I thought there may be some general issues concerning process by which the Fisher Report would be addressed in order to talk about that and also I’ve added three other items that I would like to discuss. 

 

Number One is the Legislative session-I wanted to just briefly describe what’s going on, not in all the details but basically to make it, what I think, relevant to Auburn University.  The substitute budget that was introduced last Wednesday was a budget that the University of Alabama and Auburn had worked out with several others prior to the start of the session and that is the one that we are pushing and that includes several million dollars more for both of us than the original budget that was submitted.  We anticipate that that budget will pass and I wanted to just comment on two observations that we need to continue on because it will take several years to cement this relationship.  This is the second year that we’ve combined our efforts with the University of Alabama.  It paid great dividends last year and I think if all things hold together, this year will be an even better budget than last year.  I do believe that we will be able to keep that relationship going and the beauty of this session, I think, confirms what we hoped would occur last year and that prior to the start of the session, the legislative leadership asked Dr. Patera and I to attend a couple of meetings and without going into detail, to describe what we thought was appropriate for those two institutions and when I say two, I’m including obviously AUM as well as the Huntsville & Birmingham universities of Alabama.  So I think that’s a good start.  If we can hold this together, then I believe that the Alabama and Auburn combination will be recognized as having sufficient clout that in subsequent years we would expect to be fairly treated.  I want us to keep that in mind and that’s a critical venture that needs to be continued with the new president arrives as well.

 

I also wanted to talk about the legislative session in one other aspect.  We are attempting to position, and this is what Alabama and Auburn have done to position ourselves this year to distinguish between those institutions that are research oriented and those that are either less research or not at all.  And I believe that is the future that we must take if we are to expect a level of funding that will support those endeavors.  So we are pushing research-you are going to hear the term economic development and all of that because that is what sells in Montgomery-that the search component I hope will be a part of this budget.  Last year we were able to secure a line item or an allocation-not so much a line item-but an allocation for salary increases comparable to K-12 that will be in there again this year and we hope this time to be able to include the expectation that Auburn and Alabama would need support for research funds if we are to play the role that we’re increasingly expected to play.  So I would anticipate that there would be some funds there.

 

Finally, on a cautionary note, as I mentioned last year was a good year; this year should be better.  Next year should be adequate, that would be after the one we’re talking about now.  The one after that would be very problematic, based on our analysis and we’ve called in three of the experts dealing with finances.  So what we’re trying to do and what I’m encouraging Dr. Large to do, even though we have a good budget year, is to make sure that we understand that some of this money will be one time money and also for Fiscal Year ’09, which we’re dealing now with Fiscal Year ’07 in this legislative session, the funds are going to be very tight, so I think we have to keep that in mind.  So I wanted to give you that report on the legislative session that’s going a little ahead of schedule.  The budget does reflect the previous agreements and I anticipate having success in that regard with those cautionary remarks.

 

Second, and before I get into the Fisher Report, which is number three, I wanted to just remind everyone, and I’m sure you’re more aware of that than I, that what we’re trying to set up as we get ready for this discussion is to establish an environment in which the new president will have, or the next president, will have an excellent chance of success and that to me can be measured in two ways: one-the president is in a position to execute presidential authority and two-can expect to be president of Auburn for an extended period of time.  Now extended, you might say in comparison to what it has been for Auburn might not be quite sufficient, but I would say extended in my view would at least be somewhere in the five to ten year range that I think it would take to fully establish the environment necessary to make sure that the president is successful.  So I think that as we go forward, I just wanted you to know that is basically what I will be trying to accomplish and that is to make sure that this next person has a high probability of success.  Just on a personal note that is my sole criterion for success and that is that the next person is successful and so that’s what we’ll be focusing on and that is not going to be easy.  I would just remind you that when I came, I thought this would be a three-step proposition-the first year with SACS, which it was; the second year which was to establish institutional control, which is the position of the president to run the university and the third would be for a search.  So the second one is clearly the most difficult and it requires attitudinal changes and I believe we are making some progress.  I am very pleased that Mr. McWhorter, the chairman of the Board, is committed to that and I think you’re going to see that committee, which you all know has been appointed, will move, I think, in a very straight way, a very clear way, a very transparent way to address that and I think we should keep that in mind.

 

Before I get into the Fisher Report, I wasn’t sure who would be here, but I do see Bob McGinnis here-Dr. McGinnis of course had his moving from the Silent Phase to the Public Phase of the Capital Campaign and as you know, the amount, the goal, the target was increased to $500 million dollars and he announced during Friday a week ago that $332+ million dollars had already been pledged or committed, which is a tremendous commitment to the university and reflects very positively on you and others.  But just as a person has been around a long time attending a lot of meetings, I just wanted to confirm for you that I thought that the Event & Practice Facility for the football team, of which I had serious doubts about what would be accomplished in that facility, but it was appointed well, it was clearly choreographed in a way to develop emotions that I think were very compatible with accomplishing this goal and I’m very optimistic that with his fine leadership and that of his team and what I’ve seen as far as a chairperson, which is Sam Gannon and Buddy Weaver, that that $500 million dollar goal is realized, so Bob I would like to commend you for an excellent show on Friday and the great work that you’ve done to position this university, Bob McGinnis.

 

Now the third thing that I wanted to mention was the Fisher Report.  I am not here to talk specifics with you and in fact, I want to say that I understand that Dr. Bailey was going to lead you in a discussion and I think a discussion is clearly appropriate.  I would simply caution you about moving to form opinions as to specific aspects of that report too quickly.  Now, and I’m going to talk timelines here in just a minute which might help in that regard.  First, I think to form opinions before the committees met and adopted some of its own opinions and directions could polarize the discussion before we get started.  Second, I would say to you it is probable that some of those recommendations, in fact, several, will be delayed until the new president or next president is selected and on board and won’t even be discussed until then.  Thirdly, I would say to you that you as representatives of the faculty will have opportunity to participate in those discussions at the appropriate time and the first discussion I think that will be held will be during the Board meeting on April 13th, which will be on this campus, and then further discussions will be during the June meeting, which I think the committee meeting will be on June 29th, which will also be here.  So I think it’s entirely appropriate and I think it would be wise to have the discussions; I would simply advise, which you do with it what you like, rather than say ‘This is what we think should happen’ before the committee starts its discussions, I would ask that we would at least consider that.  The Fisher Report then, is a template.  There will be obviously several choices.  I have broken it down for the committee in terms of the three levels of recommendations in terms of this is clearly a Board of Trustees issue; secondly, this is the interim president-he did leave a few things for the interim president to do; and then these are the issues that will be left for the next president.  So I anticipate that the committee will meet within the next week or so; Mr. McWhorter is still recovering from surgery and I would anticipate then that they will keep that very apparent in terms of when they meet; it will be known, people will be able to attend and you will be able to see which issues are going to come up and then I would ask that you would pinpoint your discussions on the issues that in force, then of course we’ll all be on the same page.  I think that’s probably clear.  I anticipate that substantially the Board will complete its work; again, I’m there but I will not be as directly involved in some of those discussions as the president ordinarily would be and I’m not complaining about that, for some of it is clearly Board of Trustee issues; is that I think by the June 30 meeting we would anticipate that this report will be substantially addressed.

 

I do not think that it will impact negatively in terms of the timeline; I still remain optimistic that the timeline that I offered the Board by the end of this calendar year can still be met when the person comes on board remains to be seen, so I think we’re on target both for the search as well as for addressing the Fisher Report, which again, is specifically designed to establish what I call institutional control or that the president is in a position to be a real president.

 

The fourth and final item that I have deals with student assessment.  I wanted to talk just a minute or two about that.  Dr. Blumenthal, I appreciate your email and your questions-very appropriate.  I would say I wanted to just offer my two cents’ worth on where the Board is going in that regard.  It may sound like, and upon reflection I could clearly see where you may think at least a few of the Board members are being critical of what’s going on at Auburn University.  That is not the case based on the conversations, whether it’s been at a formal meeting, over a drink at a social occasion; I’ve never heard that mentioned, where it’s a concern.  I think the real issue is that there is a growing momentum in that regard and I get reports every day, in fact, I thought it was timely that today as I processed some of the mail that I received from the University of Texas Chancellor that they saw the need to do this and offered both a summary of the results of their nine campuses and so forth and what they gained and what they didn’t.  And so I would say to you that this is also a growing trend toward accountability.  Now I realize some of you think, and you’ve said this before: ‘But I’ve been through this before’, both nationally and regionally and at the state level, where once you see the momentum building, you must have data on which to refute or to confirm report.  I think when assessments are conducted on basic core subjects, which is where I think it will go, is that I think it will confirm that much good work is being done.  But we can’t say that at this point, because it has not been done in a sustentative way.  So I wanted to say to you that I 1. would not be concerned about that; 2. I think that if we can get ahead of this discussion, design something that is fair and is reliable, then we will be able then to address this in a very positive way and confirm the good work that’s being done.  I would say in the absence of that and I have received reports, as I said, almost every day dealing with this topic, there’s a continual movement toward congressional/legislative action on this.  My experience from other organizations, from Southern Regional Education Board and others would be that generally governors will go each summer to the National Governors’ Association.  That will be identified as an issue of public concern and proposed legislation will be offered to the governors for them to take back home and see if they can get it passed.  The issue that is being pushed now and the term that is being used is that higher education needs something comparable to the No Child Left Behind that K-12 has.  So I would say to you rather than just, first let me assure you that’s in the documents that we’re receiving, let me assure you that that is not something to which I subscribe but also to assure you that to just pass it off will make it absolutely, not almost, but absolutely certain that you will get legislation that will dictate what can and cannot be done.  And so I would say to us, let’s address it in a sound way.  Let’s make sure that we can confirm that on those core values that are within our core subjects, that we can say with some assurance that our students have developed a sense of mastery with which we have some comfort and I believe we can move right through it and I think that will be the major issue.  Increasingly I’m concerned that state legislature-Virginia and other states, Colorado-want to be able to control the tuition that is charged to by various institutions and I would say that is one flexibility that we have in this state that we need to keep and I would say that to get into accountability, from my experience, you’re going to have legislators who would see that as a very popular thing to have, to be able to go back home and say ‘We didn’t let Auburn go up 4%; we only let them go up 2% or 1% and therefore saved you some money’, regardless of what it did to Auburn.  And so I would say that these are issues that are building momentum; my timeline is still within the next five years we can expect something like that.  I believe we have a window of opportunity to address these issues and to be able to say that yes that was an issue; yes, we can confirm and on the other accountability issues we can also demonstrate that it can be handled.  Then if something comes out of it, I was able to do that on the k-12 side, if something does come of out this in terms of legislative mandates, they will take the plans that are in place at that point and try to modify those.  So that would mean that Auburn could be the model and secondly we would have a great impact on the outcome.  So I think it’s to our advantage to be involved in this assessment.

 

So with that I’ll stop and customarily to see if there are any questions and I’ll do the best I can with that.

 

Dr. Bailey: Thank you, Dr. Richardson.  Are there any questions for Dr. Richardson?  If so, please go to the side mic and identify yourself and the unit please.

 

Ruth Crocker, History & Women’s Studies: Dr. Richardson last year you told this body that diversity was not a priority for you as president.  In view of what the Fisher Report has to say about the need for more diversity at Auburn, are you prepared to make any move now to state that diversity would be a goal that should be adopted at Auburn?  For example, would you do what the Fisher Report recommended to move Affirmative Action back out of Human Resources so that it can monitor the progress of minorities and women?

 

Dr. Richardson: There are many times that I have been before many audiences that I would say that either I misspoke or I was wrong.  If I said it as you describe it that certainly was not my intention.  It may have been a timing issue; that may have been the issue and not diversity itself.  I think we have moved in a definitive way in that regard.  The Fisher Report obviously addressed it in a major way and I think you’re going to see us address the diversity in the fullest extent of that term in a very forthright way over this next year as we deal with the Fisher Report.  I think it is time and certainly I think it is an issue that affects-I think Lee Armstrong is here-in terms of the Knight case and others; it just has many implications for us in a very positive way.  We got a good report and just recently and rather than give you too extended an answer, I would simply say that the time is right, we will look very carefully at those Fisher recommendations, and I think you’ll see it be a major part of the discussion as we go forward.

 

Dr. Crocker: Thank you, Dr. Richardson.

 

Dr. Richardson: Thank you.

 

Dr. Bailey: Dr. Locy.

 

Dr. Bob Locy, Biological Sciences/Steering Committee: Dr. Richardson, if I misstate your comments here in asking you a question, please correct me; I’m trying to get them as right as I possibly can, I even took notes this time.  You asked us to exercise some caution in forming opinions quickly about the Fisher Report and then proceeded to go on and outline the fact that you’re going to take to the committee-I assume that committee is the committee of the Board that’s going to be deliberating about the Fisher Report-and that you were going to divide out those things that were kind of Board responsibilities versus the responsibilities of the new president.  It seems to me that one of the reasons why we might be pressed to form opinions too quickly would be that it isn’t clear-at least it isn’t clear to me-what the faculty role is going to be in the future in terms of self governance and in terms of instituting the outcomes derived from the Fisher Report and I guess I’d just like to ask you to comment on where you see those roles being and maybe that will help us to be cautious about forming opinions too quickly.

 

Dr. Richardson: That’s a fair point, Dr. Locy and in response to the previous question, to make sure, maybe I wasn’t clear enough; the committee consists of four people of which Earlon McWhorter is the chair of that, he would be co-chair with Sam Ginn as I understand, Sara Newton and Charles McCrary make up the four.  They have not met yet; as I said Earlon is still recovering and I would anticipate that they will have an organizational meeting to decide on which issues are appropriate.  As I was simply doing, in other words, that was my advice to the committee.  They may choose to take that advice or not.  There were a number of issues for each of the three groups: the new president, the interim president, and the Board-and then I would say they will decide within those that are clear to the Board.  I would think, for instance, the bylaws issues which took up a lot of the report, will be something that they will deal with fairly soon I’m guessing because that’s their recall.  Now in terms of the faculty involvement, which is the basis of your question, I can’t answer that yet but I do know that Mr. McWhorter formed this as a committee which has the open meeting requirements to go with it and I know that he recognizes that faculty involvement in those discussions will be critical for its success.  I cannot answer your questions specifically because that is clearly up, at this point, to that committee to recommend to the Board.  But I assure you that the Board has no intentions of running out here and forming its opinion and then coming and telling us all about it.  I don’t think you have to be concerned about that.  That’s not as precise an answer as you would like; it’s just the best I can do at this point.

 

Dr. Bailey: Yes?

 

Dr. Richard Penaskovic, Chair-elect: Dr. Richardson, maybe I’m the only one who feels this way, but I’m getting a bit antsy about the commencing of a search for a permanent president and I was wondering if you had any ideas about any kind of timeline the Board might use to begin a presidential search?  It seems like its getting late in the year.  At the April 14th meeting they’re going to discuss the Fisher Report; they may not even finish at that meeting because they have other business to carry on at that meeting-why can’t the Board now start getting together a committee for deciding how they’re going to select people to serve on the committee for a permanent president?  Maybe you can’t answer that and I realize that the decision to hire a president, to begin a search, is that of the Board but I have to hear your thinking on this.

 

Dr. Richardson: That’s a fair question and I would just simply offer my opinion because obviously I will not be involved in that.  I believe Mr. McWhorter was quoted as saying that he would form the committee sometime this spring.  I think he will form the committee and start.  I think Dr. Kuhnle has indicated that his efforts have been ongoing and therefore once this committee is formed, it won’t be as if we’re starting from scratch.  A lot of background work will have been done.  As I said in my introductory remarks, I still am optimistic based on whatever conversations I’ve had either with the consultants or with the Board, is that it’s still on target to be very close to making such a decision by the end of this calendar year, that is what I would say.  So I would see the committee being formed; I’m not sure what type of work would go on; based on Dr. Kuhnle I think that when he comes back in the fall, I think you’ll see in that three month period a lot of work being done because a lot of the background work has already been done, as far as I know, and so I would say that when the person starts, that was one thing, if the person selected then there’s some period of time usually when the person can arrive on the scene.  So that’s the best I can do.  I think you’ll see by the end of this calendar year the Board being very close.  Why not start earlier?  I think it would be a mistake.  I think to deal with the Fisher Report and some of the issues-the Fisher Report was designed to improve the environment for such a search.  Do that before you address some of those issues-I think it will cause many people to be concerned about whether I need to apply; I’m not sure how this is going to turn out.  So I would say they’re going to move very quickly, I think, in April and June to deal with as much of the Fisher Report as they can.  A search committee will be appointed during that same time frame and I believe that we’ll come back in the fall we’ll see a very intense process started and if all goes well, then by the end of the calendar year, which is what my timetable, my recommendation to them was, we should be in that position.  That’s about the best I can do.

 

My concern again, I don’t know how to say this other than if you’ve ever applied for a job at which you served at the pleasure of another body, like an appointed or elected board, just as a digression, if you’ll permit, of the one as I’ve talked, we’ve had some congressmen down here a week or so ago, one was a medical doctor who’s in Congress for the state of Michigan.  Michigan and Michigan State and Wayne State all have elected boards that are elected at large from the state, just whoever can get elected.  So I just want to say that for those applicants that are going to look at Auburn or any other institution, first thing they’re going to look at is the Board that you have.  There’s been a lot of negative publicity around our Board.  I think they’re going to look at how long has the previous person been there.  Well, obviously, I think I was the third in four years.  That’s not a great recommendation.  So I would say that you’re going to need to have some stability and I think once the Board has enough time to deal with some of these recommendations and to confirm that it clearly adheres to certain standards, expect the president to be in charge, which it does now, so that there’s no doubt about it, then I think the search can be productive because if you want a person that’s got several good years left, that person would have to think twice about coming into a position where there’s a sufficient degree of volatility that I might not make it but a few years and then to try to get another job after you’ve been fired from the previous one is very difficult so I think we’ve just got to provide that stability that the Fisher Report is designed to provide and then I believe we’ll get some good candidates and we’ll be able to have someone who’ll be successful.  And I still believe the timing that I mentioned is good.  Dr. Blumenthal.

 

Dr. Rik Blumenthal, Chemistry/Biochemistry: First, I usually forget to complement you on what you do and have done well with the legislative program and I particularly like the idea of linking with the University of Alabama and calling ourselves research universities to distinguish ourselves from the others-it’s an excellent idea, excellent work on your part.

 

Dr. Richardson: Thank you.

 

Dr. Blumenthal: And as far as the assessment goes, is the Board, and are you aware that we just went through a SACS assessment that assessed all of our academic programs?  SACS’ assessment-the primary thing they wanted to know is were we measuring the quality of the students we produce and how that changes over time and continuously working to improve the quality of the students?  I know in my department we instituted some of this testing that you’re already looking for and you’re saying we’re missing.  I believe it’s part of our responses in each of our units to SACS-we probably already answered this and probably already doing this and there’s no need for any new outside programs to be instituted until maybe people up top found out what the heck we were doing down there to make sure we were doing our jobs well, something that we care about and we are doing everything we can to do our jobs well.

 

Dr. Richardson: I think, Rik, that I hope that is the case.  Drew Clark has confirmed, John Heilman has confirmed that work has been done in that regard.  But there’s two sides to communicating and you know somebody’s got to hear the message and I would say that if there’s a shortcoming on our part, we have not presented the data in some type of systematic or longitudinal way to confirm that that’s being done.  And I think that’s where this discussion-where would we naturally go first?  If we’ve already started, if there’s an accrediting requirement-we’re going to look at that first and I believe you will see the Board strongly consider it.  We do not have to have something that ETS develops for Texas or whatever; we don’t have to go to the outside but we do have to confirm.  The other side of the question will be is that have we assessed that which we want to assess?  So there may be some areas that we would want to look at that we have not.  If we have assessed generally those core subjects and I don’t mean the whole course, but some values that we think that all students should have demonstrated mastery of, then we’ll have the question answered and I think the Board will be very pleased.  So they’re not here to do you in, they’re not here to force something upon you, but I would tell you as a former Board member and as your interim president now for a couple of years, those data had been pretty well hidden from us and I say hidden, not in a negative sense, but that we just were not aware of them.

 

Dr. Blumenthal: From my department, ours is on record with both the American Chemical Society and with SACS, so it should be in the SACS report.

 

Dr. Richardson: Good.  Well, Dr. Heilman has confirmed that and Dr. Clark has, and I think we’ll be able to demonstrate what has been done and hopefully that will be sufficient.  That would be the easiest solution to this problem.

 

Think that gets it?

 

Dr. Bailey: Thank you.  If there are no further questions for Dr. Richardson…thank you, sir.

 

Dr. Richardson: Thank you.

 

Dr. Bailey: I have a few comments from the Chair.  I want to move through them fairly quickly.  In the Fisher Report, which we will be discussing shortly, there are certain items that the Fisher Committee recommended that the university not move forward rapidly on.  One of these is post tenure review.  Just wait to hear my comments, sir, thank you.  We don’t yet know how the university will respond to these particular recommendations.  I raise this because this body has been quite concerned with-we’ve discussed at great length-post tenure review, the strategic plan, the Initiative for Alabama, three things that the Fisher Report suggested that maybe we slow down on and make no decisions that would tie the hands of a new president.  The Senate Executive Committee will be meeting with Dr. Richardson in the near future to discuss how this moves forward.

 

At the last meeting of the Senate, I believe, I indicated that we might bring the question of post tenure review forward for discussion and vote at the university faculty meeting.  If in fact, we’re not going to be moving forward so quickly, if in fact we’re going to be looking at the-I don’t mean this as putting pressure on you sir, I’m just letting you know what the thinking was-if we’re going to move forward on the annual performance evaluations and bringing those up to speed, that’s the basis of any post tenure review, we may not in fact have a vote on this matter at the March meeting.  We will be discussing this with Dr. Richardson and Dr. Heilman in the near future.  Thank you.

 

I’ll defer further comment on the Fisher Report until we have the discussion later in this meeting.  I want to note that the Nominations Committee, as was previously announced, chaired by Professor Howard Thomas, has come forward with a very strong slate of candidates for Chair-elect and Secretary-elect.  Candidates for Chair-elect are Dr. Cindy Brunner and Dr. David Cicci and the candidates for Secretary-elect are Ann Beth Presley and David Sutton and I appreciate the willingness of these individuals to put their names forward in service to this body and this university.

 

We also sent forward a call for volunteers to serve on Senate and University committees.  There’s one thing that impressed me as Chair-elect and even more in these past 11 months as Chair is that the committees, both University and Senate committees play a very central role in governance of this issue, of this university.  This university could not function without these committees.  Please consider for yourself the opportunity for service.  Please encourage your colleagues to also volunteer for these committees.  This is important.

 

Also important, and I’m glad Bob McGinnis is still here, I just want to echo what Dr. Richardson said about the importance of the capital campaign we just kicked off.  $500 million-big dollars-monies that we can use to attract students with scholarships.  High quality students and to retain the high quality faculty with endowed chairs.  This is going to be-the reality is the state of Alabama and our tuition dollars are not going to be sufficient on the financial side to make this a great university.  The difference is going to be what we can raise in an endowment.  So Bob, thank you very much for your work.  Bob, identify yourself please, I’m not sure everybody knows you.  You maintain a low profile on campus.  But this is going to be an important contribution-this is an important contribution Bob is making to the university.

 

The Senate leadership continues to engage in discussion with the administration on the Ombudsperson and Electronic Privacy Policy.  I’m sure you are all as tired of hearing me say that as I am of reporting that I have yet not anything finally to report to you but I am assured that we’re very close.  The mills of the academia grind very slowly but I hope very fine.

 

That concludes my remarks from the Chair.  Are there any questions at this time?

 

Seeing none let me move forward to the action item.  Dr. Kathryn Flynn had a family emergency which took her away at the last moment and is not here to handle the nominations for the Rules Committee.  For those of you not familiar with Rules Committee, it is one of the three essential committees that help run this university.  It is the committee on committees.  It is the committee that handles all the volunteers that want to serve on university and senate committees.  It is the body which-I’ve underlined relevant sections here-it is the body that oversees the functioning of this Senate and if there are matters that need to be addressed, as perhaps are identified in the Fisher Report, this is the body-the Rules Committee-that would make recommendations to the Senate for any change.  The Handbook calls for nominations during the February meeting of the Senate with elections to take place during the March meeting of the Senate.  The terms are two years to begin this coming August.  So the people we elect in the March meeting will take their position on Rules Committee in August for two year terms staggered.  I’d like to open the floor for nominations at this time, please.

 

Please identify yourself.

 

Charlene LeBleu, College of Architecture, Design & Construction: I’d like to nominate Claire Crutchley from Finance & the College of Business for the Rules Committee.

 

Dr. Bailey: Have you received confirmation that she’s willing to serve?

 

Charlene LeBleu: Yes.

 

Dr. Bailey: Thank you.  Yes?

 

Larry Teeter, Forestry & Wildlife Sciences: I’d like to nominate Andrew Wohrley from the Library.

 

Dr. Bailey: And have you had confirmation that he’s willing to serve?

 

Larry Teeter: Yes.

 

Dr. Bailey: Thank you.

 

Diane Hite, Agricultural Economics & Rural Sociology: I’d like to nominate Bernie Olin from the Pharmacy School.

 

Dr. Bailey: Bernie Olin?  Yes?

 

Diane Hite: Yes, and he has accepted.  Thank you.

 

Dr. Bailey: Are there any nominations?  Other nominations?  Thank you very much.  I’ll take it at this time that the nominations are closed.  In past years, there have been, in fact last year I believe, there were additional nominations that did come to this body in the month of March at the March meetings.  If you know of other individuals who are willing to serve on this very important and hardworking committee, then their names can come forward at that time.  We will have, for the three individuals who have been nominated, developed brief bio-sketches so you’ll see who these people are if you’re not otherwise familiar with them.

 

The next item on the agenda is a handbook change.  I’ll invite Dr. Rich Penaskovic to come forward.

 

Dr. Richard Penaskovic, Chair-elect: I’ve been asked to present this handbook change and resolution for change for the constituency of the Administrator Evaluation Committee.  First I’ll begin by reading the resolution and then I’ll read the Senate Constitution.

 

Resolution for Change in Constituency of the Administrator Evaluation Committee

 

 

Whereas results of administrator evaluations are reported to the Provost, and

 

Whereas the Provost is the chief academic officer of the university, responsible for ensuring appropriate evaluation of deans and other academic administrators of the university,

 

Therefore, the Steering Committee recommends that the composition of the Senate Administrator Evaluation Committee be expanded to include a representative designated by the Provost, who holds faculty rank and tenure. Such an expansion in membership will require that the current description of the committee in the University Senate Constitution and the Faculty Handbook be revised accordingly.

 

If this resolution passes, here’s how it’ll read in the Faculty Handbook:

Article 4, Section 9 of the Senate Constitution.

Section 9. Administrator Evaluation Committee: The Administrator Evaluation Committee shall consist of five faculty members nominated by the Rules Committee; a representative designated by the Provost, holding faculty rank and tenure; one administrative/professional member nominated by the Administrative and Professional Assembly; and one staff member nominated by the Staff Council. The chair of the committee will be selected from the five faculty members nominated by the Rules Committee.   The committee shall oversee and/or conduct a periodic evaluation of University administrators involved in the University's teaching, research, and extension programs and provide a report of aggregate data to the Senate.

 

Mr. Chair, I move adoption of this resolution.  Since it came from the Steering Committee, I believe it doesn’t need a second.

Dr. Bailey: That’s correct.  Any discussion?

Rik Blumenthal, Chemistry/Biochemistry: Rich, what’s the motivation for this?  I would think that on the Administrator Evaluation Committee originally it was set up to have no administrators or direct representatives of administrators because you wouldn’t necessarily want them to have privilege to see the raw materials of that committee which might indicate who among us may have said something negative about an administrator in our past.  And I want to know, is this something that the Provost has asked for and for what purpose would this extra member appointed by the Provost be sitting on the committee for?

Dr. Penaskovic:  Well, I think the person ultimately responsible for evaluating the Deans is the Provost and I think our committee felt that he should at least have a representative sitting on this committee to express his views, to stand in for the Provost.  And in terms of the number of faculty on the committee, there is more faculty and only one representative from the Provost so the representative could be outvoted, but I think it’s good to give people a voice.

Dr. Bailey: Maybe I could answer another aspect of that question, which is that the request did not come from the Provost’s office, it came out of the Steering Committee and the concern was, and I think it’s a very important thing, we want the Provost’s office, which is ultimately responsible for administrator evaluations of an academic administrator, to feel confident in the process and in fact much of the data, the lists of faculty come out of the Provost’s office so a high degree of coordination and cooperation can be achieved through this.  We had it this year I must say and compliments to Drew Clark in that regard.  As for the identify of those individual faculty making comments about administrators, they’re never going to be available to the committee in any form anyway, so I don’t see that as an issue.  Are there any further questions?  Is this body ready to vote then?  If so, all those in favor signify by saying Aye.  All of those opposed, nay.  Thank you.  Motion carries, thank you Dr. Penaskovic.

At this time let me invite Don Large to come forward to speak about the Tobacco Users’ Surcharge Program.

Dr. Don Large, Executive Vice President: Thank you Conner, I appreciate this opportunity to talk to you for just a few minutes on this new surcharge in our health plan and maybe explain some areas and maybe clarify some others.  What I’ve done, Conner, if I can take maybe five-I don’t think it’ll take ten minutes-and just go over some information and then respond to questions.  Is that ok?

I’ve drafted this up to maybe, I guess I would categorize it into four areas-I’ll give you some background information, describe a little bit the process for decision-making on this particular issue, provide you some clarification of the policy and its intent, and then talk about what we’re going to do going forward, that I hope will ease at least most of the concerns that have been shared with me.

First of all, background-I think most of you know, but sometimes I’m surprised that people do not, but we have a self-insured health insurance plan.  There is nobody out there insuring us, we do it ourselves, you contribute monies, the university contributes monies, it goes into a pool and designated specifically and only for healthcare costs that we incur.  Blue Cross is the plan administrator, subject to all kinds of HIPPA requirements and privacy requirements and we collect those funds, we pay and each year, as you know, there tends to be a need to increase that pool of funds for healthcare costs and that’s simply because we continue to use more and more services, we continue to buy more and more pharmaceuticals, and then there is the rapid inflationary pricing of healthcare.  So those are some of the drivers and background as to what, how the health plan works as far as bringing money in and sending money out.  Some of you pay 20%, some 30% and some of you 40%, depending on your income levels.  When you total that all up and look at it in the aggregate, the employees are paying a little under 35% and the university a little over 65% of the healthcare costs that go into that pool. 

Now, relative to that, each year the 16-person Insurance and Benefits Committee, the University Insurance and Benefits Committee, with representation from all employee groups, studies the health plan, looks at what others are doing and ultimately brings for a recommendation to the administration of how much we should increase our premiums to meet what are expected to be our costs for the next year.  And in doing that, in recent years, probably I would say since we move retirees to PEEHIP seven or eight years ago as a cost containment measure, and because every other university was already doing that, we have tried to reasonably mirror the PEEHIP plan of the state and once again, this year as has been the case in recent years, the Insurance and Benefits Committee has done that.  They looked at cost cutting attempts of PEEHIP that instituted a tobacco surcharge a year ago and thought that would be an appropriate action on our part as well and I remind you, all of us that will retire here will go to PEEHIP so mirroring PEEHIP has reasonable merit I believe and by most peoples’ accounts, PEEHIP is a very good plan and we’ve tried to keep ours very similar.

The process for decision-making is that second category in-I meant to break them in and describe them as I was going.  That was the first focus on decision-making and recommending something different to us for this next year.  They have been concerned with double digit cost increases of premiums, this was one action that they thought was reasonable, they noted that smoking is the leading preventable cause of disease and death in the United States, causing 440,000 deaths annually and that their move, their recommendation was intended to be moved in some direction of cost containment but to also be consistent with various wellness programs around the country.  And they were also guided by the fact that PEEHIP, with their 25,000 subscribers had gone to this plan, this surcharge, as had the state employees’ plan with 52,000 subscribers.  That’s the background, that’s the process for their decision-making.  They bring forward the recommendation to the President, the president asked me and in my role as Chief Financial Officer and Chief Administrative Officer of the university, to give input and to advise, I studied it, I am responsible for ultimately recommending this surcharge to go into effect and I think, when looking at all those factors, I thought it was a reasonable thing to do.

Now, I will tell you, upon receiving it, I focused more on why do we target tobacco when there’s so many habits out there that impact healthcare costs and I still have those concerns, but the committee in their rationale and it being the leading preventable cause, swayed me-the fact that PEEHIP, the same things that swayed them I ultimately bought into; I still probably share some of your reservations that to target one area, what’s next and nevertheless, we did not pioneer this.  This is the plan we’ll ultimately go to upon retirement and I don’t see it as an unreasonable approach.

Now, clarification because some of you have expressed that and the most concern I’ve had expressed is that of the form that was sent and what our intent there was.  I will apologize to you and tell you that once receiving that, I told our administrative group to follow the PEEHIP plan, use the forms they did, it must be safe.  There’s a 100 and some thousand people on it; let’s don’t reinvent the wheel.  In hindsight, I wish I had studied that form a little more because the language of the form and our intent are not consistent and I say very publicly-I’ve emailed to Conner and others-and we will communicate it in other appropriate forms that we have no intent or desire to do any kind of random testing for tobacco usage or any kind of access to your files.  This is a system based on an honor system and only for, in the most unusual case and for cause would we ever imagine this every rising to the level of having to talk to a participant and maybe asking for access to some more support to support their representation.  So we do not intend to; the forms do not convey that and I apologize to you.

Now, let me now move into-that was the clarification or the intent to do so.  Let me talk about where we go from here.  We intend to ask the Insurance and Benefits Committee to review the form that was sent out for recommendations for better and more consistent wording with our intent for the next year’s implementation.  We’re still going to implement.  We have already collected over 2,000 forms that were already sent out.  It’s simply not practical to reinvent the form right now and I’m convinced that will cause more problems than any that we’re solving.  Go forward with the forms-you have our representation and word that there will be no other testing other than the extreme case of fore cause; we’ll have a form to review and bring forward in the next few months-if this body would like to see it before it goes out-that would do a better job of linking our intent with what the form says and then you would have another chance this time next year to sign off and then we would go forward from there. 

So those hopefully are the key points I wanted to stress and I’ll be happy to answer any questions.

Dr. Bailey: Thank you.  If you have any questions for Dr. Large, this would be an appropriate time.  While people are going to the mic, let me express my appreciation, Don, for you being here, your willingness to say “Oops” and to make this clarification.  I greatly appreciate that.

Rik Blumenthal, Chemistry/Biochemistry: All I wanted to ask is that when I got my form, I filled it out and I watched one of my colleagues, one that didn’t smoke, open it up, glance at it and tossed it in the garbage can and I told him quickly ‘Grab that back out, it will cost you $20 a month if you don’t.’  I fear many of colleagues looked at it and may have said ‘Oh, another program I don’t want to join’ and tossed it in the trashcan.  Is there somewhere online that I can print out or they can print out a copy of the form so that they can send it in, because I emailed them today when I remembered to say ‘Do send this in if you don’t smoke’ and I was just wondering if there’s somewhere we can post one on the web for us because I really fear a number of my colleagues may have thrown the form out and not thought twice about it and will be charged even though they would like to file the form.

Dr. Large: That’s a great point and I don’t know the answer to that, but we will solve that and we will also stress it more than once in our future communications for the next couple of months to remind people to get your forms in, it’s important, and be assured there’s no intent for testing-I’ll try and cover both of those.  Thank you.  Sir?

Anthony Gadzey, Political Science: Looking at the policy, it seems to me that it should be not that very difficult to find out those who are cheating, those smokers who do not tell the university the truth.  If that is your objective, then the policy amount does not seem to aim at doing that.  If you are interested in finding out those of us who might be cheating, who might tell the university one thing and their doctors another thing, you should have a policy that smokes out those who would cheat.  I don’t mean literally, but here is a suggestion for example: if you have a policy that does not penalize all of us by taking premium dollars away from some of us, that is big money for some of us every month, what about instead of that instituting a policy which says that if you are found cheating, you not only retroactively pay everything 100%, you lose your coverage because you are into this program on trust.  If somebody in spite of that heavy penalty still goes ahead to cheat, then the whole insurance plan will not bear an inordinate amount of cost.  The cost will be tailored directly to the perpetrator of that crime.  Then all of us who do not smoke-from my childhood I never smoke; you cannot smoke in my father’s house; it’s a no-no-so why must I pay $20 a month for doing what my father taught me from the beginning never to smoke?  I don’t think the policies were directed at penalizing the culprits.  It’s just my thought, but I feel I being victimized for something, thank God, I have been able to avoid all these years.  What do you think?

Dr. Large: The policy at this point, it’s the first year of implementation and we’re looking at what PEEHIP has done as well, even though their form says one thing their intent at this point is to rely on the honesty of the people filling out the forms and if you tell us you’re a smoker, you will be charged $20 more if your spouse is a smoker.  I need to clarify that, I was asked that, too.  That does not mean $20 and $20 that means $20 only once.  If you tell us you’re not a smoker, we’re going to assume you’re telling us the truth and we’re really not out there to try and disprove you or to check behind you and only in a case where someone reports, and we will not take anonymous reporting, there has to be a name attached; at that point we would approach you and what are the consequences-then you could be ultimately subject to paying back premiums or-we haven’t gone to the loss of benefits yet.  Where we go next, I’d almost like to ask the Insurance and Benefits Committee to advise-we don’t have to solve it all today, we don’t have to solve it the first year.  I look at this as a process; let’s see how this goes.  Let’s ask the committee to advise us, to advise this group.  I’ll bring it back for your thoughts and what you say may be the right answer.  It may be we’re not testing but please know that the penalty for misrepresentation can be very great and be careful if you’re tempted to tell us anything but the truth.  I hear what you’re saying and we will…

Dr. Gadzey: Besides, it’s not very difficult to find out if somebody smokes.

Dr. Large: Right, right.

Dr. Bailey: Thank you.  Yes?

Dr. Cindy Brunner, Department of Pathobiology: I have one very quick question and then one that’s very complicated.  The first question deals with the date of implementation and I’ve…

Dr. Large: It’s July 1, not March…

Dr. Brunner: It is July 1 contrary to what the form says.  I don’t know if that’s been announced publicly yet but I had asked the Benefits office if they would mind sending out a note letting people be aware that they’re not going to have $20 deducted as of March 1st and I was told that Ron was out of town so that needed to wait until he got back.

Dr. Large: We’re cleaning all that up.  What happened there, because I asked that same question a couple of days ago, the form was ready and when we thought we were implementing the new HR system, the faculty pay and those kinds of issues that we discussed earlier on January 1, that was set to go and now since we’re not doing it until July 1, we’ve deferred all this until-we don’t want to have to load it twice into two different systems.

Dr. Brunner: The second question is a little more technical and you may not be able to answer this but I’ve had some folks ask what kind of testing will be done?  And their motive is not to try to get around the testing, but I gather that despite the fact that this is an honor system, they’re concerned that they might at some point need to demonstrate that they do not smoke but tests on their blood or their urine or whatever might be tested could come up positive because intense inhalation of coworkers’ smoke or people who actually work with nicotine in their research or field studies.

Dr. Large: I don’t have a good answer for that.  I’ve asked Dr. Fred Kam in our medical center to advise on that-is there really any test that would prove something conclusively and/or substantially and he has yet to advise me.  I haven’t been too worried about it because we haven’t implemented this, not really expecting much requirement to be testing-we will attempt to resolve that to the extent we can.  But I’m not sure there is and you all would know that better than I do, I mean, if there really is a test or not…

Dr. Brunner: That’s why we’re worried.

Dr. Large: Yeah, well, I don’t think, I mean, again, I may be being cautious of where we’re headed, but we’re going to try and do this right and Lee…

Lee Armstrong, General Counsel: (inaudible comments made away from microphone)

Dr. Large: We will work to develop that over this next year, get implemented and hopefully do not have these kinds of issues pop up early on, if at all.  I’m hoping we have none, but PEEHIP has had very, very little interestingly enough.  The one change they made after the first year they decided to quit pursing any anonymous kinds of complaints and I think that’s very wise.  We’ll learn as we go on this one.

Dr. Bailey: Yes?

Daniel Szechi, History: Speaking with permission of our departmental senator.  I am still very deeply troubled by the notion that we are going to start investigating people’s private lives and though I can see that there are plenty of deaths from smoking related cancer, I think there are a great many deaths related to other causes, which could equally well be surcharged by some imaginative young administrator who wants to make that bonus…

Dr. Large: I think you should exercise every day and eat right and if you don’t…

Dr. Szechi: Right, and stop eating Big Macs and etc.  There are many, many things and I really don’t think we should be going there.  I understand your point about PEEHIP…

Dr. Large: And I don’t necessarily disagree that that’s a reasonable thought, because that was my initial one…

Dr. Szechi: But for me it destroys the whole point of insurance, which should cover those who have genetic defects, women who are of childbearing age and so on and not just cherry-pick those who have an ascetic, healthy, chaste lifestyle.  So that being the case, I want to put that on one side.  I took in your statements and I’m glad to hear that the whole process is going to be revised, but what should we do in the interim?  I do not feel at all comfortable about signing something that says you can randomly test me and you can get into my medical records, even if I have your personal assurance and you I do trust, but even if I have your personal assurance that this will never be done.  So should I return the form, with that heavily scored through and a little note saying ‘I do not agree to this’?  And will I then be surcharged or what?

Dr. Large: I don’t have a real problem if you do because-what I don’t want to do is resend everything out to the 2,000 who have already sent everything in because we’re already loading and processing.  If there’s something in there that bothers you that still remains consistent with what we’ve discussed today, if it makes you feel better to mark it out, it doesn’t bother me; we will still process it accordingly.  We will have all this straightened out in a year and I don’t know any more than to say very publicly, to put it in writing in the AU Report and other things, that there was that disconnect, the assumption that their form would fit us, which was my bad assumption, and if that doesn’t suffice, then we’ll take it your way, that’s fine.

Dr. Szechi: So you would accept that and I would not be surcharged for striking it out?

Dr. Large: Sure.

Dr. Szechi: Ok.  One final point I just want to make.  Could I ask you to look again into the PEEHIP form?  Because I was told, that was only verbal assurance by somebody who is in the PEEHIP scheme, that it was entirely on an honor system, that there was no provision for testing in the PEEHIP scheme.

Lee Armstrong: (inaudible)

Larry Crowley, Civil Engineering: Don, you being a numbers guy, I’m sure you can punch the numbers.  I wonder if you would share with us the additional revenue generated from this program.

Dr. Large: They think it impacts costs about $400,000 a year.  Had we not done this, it would have probably increased your premiums, I don’t know, what did we go up, 7% this year I think?  It would have probably increased it on up probably to 8%.

Dr. Crowley: As a follow up, I guess a second thought is that I’m not a smoker but the guy who has the office next to me is a smoker-I used to be a smoker.  But one of the fears that he has and I wanted to be sure and voice those is that he thinks that this is more agenda-driven than it is really about the economics and so he feels a little bit picked upon.

Dr. Large: What does that mean, that it’s agenda-driven?

Dr. Crowley: Well, there are people out there in the community that don’t like smokers and feel like that is a particularly vile sin and they’re wanting to purge the community of that.  So as a kind of follow up to that, I would suggest that maybe another way of raising revenue would be for those who are overweight-and I probably fall into that category myself-we can line everybody up and put them on scales and that would be to raise revenue and you couldn’t hide that unless you exercise…

Dr. Large: I’ll pass that along to the Insurance & Benefits Committee…seriously, the sixteen person committee has five faculty members, A&P and staff and all.  They do as good a job at looking at all the issues.  They get fussed at as I do when they raise the rates and we get fussed at if we take cost containment measures, so I don’t have a good solution.  The rates are going to continue to go up because we apparently are going to continue to use more of the services that become available and is this the right move, a good move?  I don’t know but they felt it was and that’s kind of how we work and govern here, is have committees that share with the administration and that’s what we incorporated and that’s what we’re doing today, is talking about it…

Dr. Bailey: I think in years past the Insurance & Benefits Committee is often come and reported to this body and I think what you suggested earlier, that maybe we revisit and do this again is a very good idea.

Carole Zugazaga, Sociology: I just wanted to ask-you mentioned in your comments that you’re well aware that there are other bad habits that people may have-obesity being one of them and all the related problems like high blood pressure and diabetes that may increase the cost of medical care and I just kind of-you said that this was discussed in the committee and I just wanted to know if there’s any reassurance that this will not be next or what other thing might be next, I think, once we open this door to add these surcharges and I wonder if you would discuss some of the dialogue that went on at that committee with regard to that.

Dr. Large: Sure.  I don’t know the kind of dialogue that went on with the committee.  When I received the recommendation, I discussed it with the Chair of the committee, my concerns of why are we targeting one area when there’s so many other bad habits that are, in my opinion, preventable.  But they came to the conclusion for the reasons that I described.  I don’t know that I can commit to you where we’re going.  I would commit to you this, at least while I have the ability to influence the decision, I’m certainly not going to pioneer a charge into areas that others haven’t been, but because you have to spend way too much time working through those processes, but as others go there, if PEEHIP moves to another cost containment measure in the future, I’m going to guess we’re going to look hard at that and say ‘Is that an area we want to go?’ but I think you do have to be careful if you start targeting too many factors of insurance, then all of a sudden there’s only a small group who can afford it and so I don’t see it going there anywhere but I think where the society goes, we’ll probably follow.  I just don’t want to be the first one there.

Dr. Zugazaga: So I’m hearing that PEEHIP is going to be the gold standard, is that right?

Dr. Large: I don’t know if it’s the gold standard but I think it’s a major influence in that it insures so many of our state employees and it’s where we all go ultimately so I don’t know that us being way out of line with them is where we want to be, but again, that’s a discussion for a broad-based committee to look, discuss, bring in people and bring forward to us recommendations.  It’s not for me to sit here and decide that kind of action.

Dr. Bailey: Thank you.  Yes?

Gary Martin, Curriculum & Teaching: And I very much appreciate the tone that this discussion is being conducted with.  I think a lot of us have felt, even who are nonsmokers, have felt a little ill at ease with this whole process and I think one of my colleagues put it well.  She said that, in essence, to not be charged the surcharge, she has to waive her rights.  And so it’s like you have to give something away to maintain the status quo and I think that kind of put it into focus for me.  So in essence, the smoker feels kind of persecuted; to a degree, so do the nonsmoker who have to in essence waive rights in order to not be penalized.  So it is a tradeoff and I think there are some nonsmokers who will refuse to sign the form because they would prefer not to have that sort of intrusion into their personal life, so they are also being penalized.

Dr. Large: I agree with what your initial, hopefully not now, initial perception may have been because when I first saw the form ultimately I said the same exact thing, that we’re really penalizing the nonsmokers if we really intended to do that kind of testing, but we do not and we will not.

Dr. Martin: Nonetheless, the door is open.

Dr. Large: Pardon?

Dr. Martin: Nonetheless, the door is open.  So if someone is willing to give their name and make an accusation, you will test me.

Dr. Large: It will be a last resort.  I think if somebody reported you, I think our process-and we don’t have this ironed out yet-would be, if it was one with a name and enough detail that we would have to follow up on that, we would talk with you, describe to you what has been presented, get your input and if there was a lapse or misrepresentation-hopefully there would be honesty there-if not, I don’t know if we would go to the testing, we might have to do that.  I don’t know; everything would be so situational at that point, but it is not intended and we will not invade your rights on a general and random kind of basis and when we get that specific; I don’t know where it goes yet but we’ll work on those processes but it is not about doing anything that invades your privacy or subjects anybody to concerns that we’re not operating within HIPPA requirements.  It’s just simply a process that there is a cost of smoking.  The insurance plan would like to encourage you not to, but if you’re going to, we’d like for you to pay more and we’d like for you to be honest about it and that’s where it is, so…

Dr. Martin: I don’t think it’s unreasonable; I’m just sharing some concerns and I think if the procedures are established and made public that will help people to feel more comfortable…

Dr. Large:  We will get that out shortly and next year’s form will be much better.

Dr. Bailey: Yes?  Thank you.

Teresa Hawkins, Facilities: Are you accepting questions from non-senators yet?

Dr. Bailey: Sure.

Teresa Hawkins: I have two questions.  First of all, how did you come up with the 12-month rule?

Dr. Large: What is the 12-month rule?

Teresa Hawkins: Where you have to be smoke-free for 12 months?

Dr. Large: Again, I’m sure-I didn’t come up with it-but I’m sure it was a track of PEEHIP’s policy.

Teresa Hawkins: Is it possible to change that for those who are willing to give up cigarettes?

Dr. Large: Well, I don’t know.  I think anything is certainly possible.  I would suggest again that we send that one to the committee as well because what you’re suggesting is that if we’re going to use it as a behavior tool, that somebody that says ‘I’ve been quit for one month, two months, or three’ could do-we’ll look at that.  That’s a good recommendation.

Teresa Hawkins: The other question is the second-hand smoke issue and the studies that have been done on that recently that it’s more harmful to you than smoking.  Has that been taken into consideration?

Dr. Large: As to what, as to…

Teresa Hawkins: The harm it causes those who are walking past the door where people are smoking.

Dr. Large: I don’t…

Teresa Hawkins: I mean, most of our facilities for smoking are right outside doors.

Dr. Large: Right.  I don’t know how-I understand, I saw the study-I’m not sure in what way you want it taken into consideration in the study.  What did you have in mind?

Teresa Hawkins: Well if smoking is the concern and the reason for raising insurance premiums and second-hand smoke is being attributed to being more harmful than smoking, then I don’t understand-like one of the persons previously said, is there an agenda?  Is the next step going to be to prohibit smoking in public at all?

Dr. Large: I don’t know, that wouldn’t be our call.  Again that’s going to move toward a societal issue, I think, of where we’re going as a society and we do seem to be moving in that direction.

Teresa Hawkins: Ok, thank you.

Sadik Tuzun, Entomology & Plant Pathology: Don, I will bring another point to this discussion.  If you look at Europe where they have socialized medicine, preemptive care is the more thing, so basically everybody has their personal physician, they call it the home physician, and they first have to see that person and they go through certain checkup, certain tests and as everybody knows, as soon as you find out there’s a problem, it is much cheaper to cure that problem and much less expensive.  Now I’m very happy that we have personal choice because before 40 you can have one and after 50 you can two yearly checkups but many people don’t even know about the personal choice issues.  Why don’t we make personal choice more like well-known as well as-if people subscribe personal choice and if the cost is much less than regular insurance, for example, maybe if you don’t pay the co-pays, then you go to regular routine checkups, then more people will subscribe to personal choice and this will definitely reduce the cost associated with insurance.

Dr. Large: Well, we’ll look into that.

Dr. Bailey: Yes?

Robin Fellers, Nutrition & Food Science: I’m disappointed to hear you say you are not willing to revise the form for this year, especially given the fact that it has an incorrect date on it and the way it’s worded, it sounds terribly, terribly legal and I surely hate to put my signature on a form like this that has an error in it.  Could it not be put up on the web, a corrected version put up on the web?  This came out through campus mail, it’s two pages of something run off on a copier.  It’s not like it cost the university a whole lot of money to put these out in the first place and I just feel as though-I am not a smoker, at least I haven’t been a smoker since I was a graduate student some 40-something years ago so I truly consider myself a non-smoker, I’ve been tobacco free for a very long time and I don’t live with a smoker-but I am very uncomfortable personally and some of my colleagues also about signing this form.  It says on it, in Ron Herring’s explanation, that the signature authorizes any licensed physician, et cetera, et cetera, then it goes on to say government agency or other organization or person and I mean that’s almost the whole world.  I truly don’t want every Tom, Dick, and Harry going rummaging around in my medical records to see if I’ve been a smoker.  I just wish I could go to my physician and say ‘Please certify that I have not been a smoker for the last…’ whatever it could be and then hand you that certification.   But my fundamental problem with this is that the form itself has an error on it as far as implementation is concerned.

Dr. Large: I will discuss that with our Payroll and Employee Benefits area and see what the consequences of that action is.  My biggest concern is undoing 2,000 that have already been received.  Are we really-are we doing the best thing for the university with that turnaround time with all the other systems’ implementation and things people have going or not?  So these are the things that I’ll weigh, but I will look farther at that.

Dr. Bailey: Yes?

Scott Phillips, Theater: I’m one of the 2,000 people who already sent in my form and maybe the answer to this question was on it and if so, I apologize, but if an employee has a spouse that smokes but that spouse is covered on another insurance plan, does the $20 surcharge still apply because you’re ostensibly hit with the secondhand smoke?

Dr. Large: No, the intent was that they would be covered on our plan.

Scott Phillips: Ok, it is if they’re on your plan.  Ok, thank you.

Tony Moss, Biological Sciences: Just a quick note on any comments I’ve gotten from faculty on this have been very supportive in general-I’ve got about four or five people that responded that are very supportive.  I think they’ve acted quickly and in an area that might impact specific groups of people, mainly those who are performing maintenance on equipment and that sort of thing, particularly people who as their jobs involve something like welding.  As a welder for many, many years ago I can tell you that no welder is going to put on a gas mask when he gets in front of that electric arc or that gas arc in order to be able to handle his equipment because it would be way too dangerous and as a result he or she, whoever is doing this, is going to be exposed and it’s part of their work.  That’s just one example, there must be many others.  I realize that there must be, you have some sort of test in mind and I have no idea what it would be but it would have to be something specific to tobacco or there would have to be some sort of arrangement for those people to be cleared so that it would be understood that they are not tobacco smokers, they weren’t abusing themselves, but that it’s part of their job, they would have a certain exposure.  Seems to me you’d have to have that kind of provision in there otherwise you’re kind of singling them out.  Do you understand what I’m saying?

Dr. Large: I understand what you’re saying; I’m still trying to figure out how they would ever come to our attention…

Tony Moss: Well, their manager would know all about it. 

Dr. Large: I mean, somebody would have to again…

Tony Moss: A supervisor.

Dr. Large: …reporting them as misrepresenting to the university, so…

Tony Moss: Yeah, let’s say that, well, if for some reason someone wants to make trouble for somebody else and now it gets to the point to where they’re brought forth for testing and that person would almost certainly test positive. 

Dr. Large: I understand your point; I see the opportunity to get there as so rare…

Tony Moss: Well I agree but you have to take these things into consideration.

Lee Armstrong, General Counsel: (inaudible comments from the audience)

Dr. Large: I would just bet that if these things ever got reported they would very, very rarely go to the testing part.  I have a feeling that it would be resolved in the discussion part but maybe I’m wrong.  Well, thank you all.

Dr. Bailey: If there are no further questions, Don, thank you very much; Lee, thank you very much for being here.  I very much appreciate, as our previous speaker said, the openness and the willingness to rethink this whole process.  Thank you very much.

Dr. Large: And I thank you all.  There were some very, very good comments and we will follow up on them all and we will be communicating and we will even look at that one option of rethinking the forms, but I certainly don’t want to promise that.  I understand the reasons and I would like to do that as well, but some of the consequences administratively of doing it are a challenge, too, so I will make the best decision I can on that.  Thank you all.

Dr. Bailey: The cost of the occasional fine cigar has just gone up.

Dr. Large: So what you do there and I just figured this out, (humorous gesture) because I will have to register as a smoker because I do smoke one or two cigars a month or sometimes less than that, but this policy has encouraged me, if I want to reduce my unit cost, I need to buy more and smoke more so that the cost of each cigar will be less.

Dr. Bailey: Ladies and gentlemen, we have one other small item on the agenda and before we proceed, I will note and I’m willing to stay as long as it takes, it’s 4:40-what is the pleasure of this body?  Should we proceed until 5 o’clock with some discussion of the Fisher Report?  I’m hearing and seeing nods yes; I’m seeing some no.  As there are some yes, I am going to proceed, making some brief comments open to the floor.  I’ll take it to the Steering Committee.  I’m thinking we may want to have some additional opportunity for discussion.

As you know, the Board commissioned the Report on Institutional Assessment by a team led by Larry Fisher.  The Fisher Report has been accepted but not discussed yet by the Board.  The administration also has not discussed this publicly.  It’s the Senate, this body, that’s the first time there will be some public discussion in the time we have.  There are a large number of recommendations, 142.  Some of them, a small number actually, are directed exclusively at the Board of Trustees.  Most of them relate to the trustees, the faculty, the administration-some combination of one, two or three of these.  Without limiting discussion, I wanted to draw attention to a small set of issues.  It comes as no surprise that the central focus was finding a new president, a strong president, laying out some qualities of what they thought the new president should be and indicating that such an individual need not come from the ranks of academia.  The report contains a number of very positive features-diversity was mentioned by Dr. Crocker earlier.  The report in a number of points emphasizes the importance of diversity.  It also recommends that we limit growth of undergraduate enrollment and become more selective in our undergraduate admissions while expanding our research in graduate education.

It makes a number of interesting curricular comments, including those related to diversity training and foreign language requirements.  They also made several comments, other comments related to academic and curricular matters and as someone else, I believe it was Rik, mentioned earlier, I look forward to comparisons of their recommendations with what SACS Self Study and the SACS team had done.  We may find that we’re in better shape than maybe the Fisher Report had thought.

There are several items, as I noted earlier, where the Fisher Report suggests that Dr. Richardson and the current administration move more slowly with regard to the Strategic Plan, restructuring for Agriculture and related programs and Post Tenure Review.  In each case the Fisher Report recommended that no decisions be reached until the new president in on hand and has had an opportunity to review them.  Do not tie the hands of the new president is the phrase I believe was used.

I want to commend the Board for inviting Dr. Kuhnle and then Dr. Fisher to advise them.  I want to also commend the Board, both as individuals and collectively for not acting defensively in the face of the strong criticisms that came their way within the Fisher Report.  Similarly I think it’s important for those of us in the Senate to refrain from acting defensively when there were, as there were, comments critical of the Senate and its leaders.  The Senate Rules Committee has recommended we conduct a short survey of faculty to assess the extent to which the Senate and its leadership represent the faculty views.  I’d like to thank Rik Blumenthal for making the suggestion, which I took to Rules Committee.  So that will be, I can’t when that’s going to happen, but it will happen in a fashion timely enough for the Board’s consideration.

Another suggestion that came my way today was that this body, perhaps at its next March meeting, would adopt a resolution of support for the Fisher Report as a whole, not necessarily every piece, but acknowledging that the report contains many recommendations that require further discussion, but generally supports the nature of the report.

Let me stop here and open the floor please for discussions.  My primary role from here is going to be as moderator; I can’t speak for the authors of the Fisher Report nor can I speak for the administrators or the Board, which commissioned the report.  Gary.

Gary Martin, Curriculum & Teaching: I very much like your idea of having the Senate support, have some sort of a voice support for the report for the overall tone and approach that was taken.  I think that would be a very positive step in the right direction to do so.

Dr. Bailey: Thank you.  Dr. Brunner.

Cindy Brunner, Department of Pathobiology: Conner, my questions deal more with process than the specifics of the report, although I’d like to refer to two specific recommendations in my comment and question.  Those two specific recommendations are that this body be renamed the Faculty Senate rather than the University Senate with, I imagine, appropriate changes in its composition and the second is the recommendation that Auburn undertake a requirement for foreign language in its undergraduate curriculum.  My question then is, if, according to the Fisher Report, decisions of academic interests are to be made for the most part by the faculty, then at what point does the faculty become engaged in the discussion about those sorts of recommendations?  I really didn’t hear that from Dr. Richardson this afternoon.

Dr. Bailey: I can’t answer that question at this time.  As I said, the Executive Committee is going to be meeting with Dr. Richardson in the near future.  We’re also going to be meeting with Dr. Heilman as we do regularly and I don’t believe there are any answers to that question.  Dr. Heilman.

Dr. Brunner: Then I have a second question, if you’ll allow, after Dr. Heilman answers.

Dr. John Heilman, Provost: Dr. Brunner, I think the question/comment just made is a very good one and some of you, I think, have become aware-I’ve asked through deans and department heads for departmental input on the Fisher Report.  This is analogous to the request that I made for discussion at the departmental level of input that was provided on the Ag Initiative and the reason that I did it in this case was that I got about 25 departmental comments on the Ag Initiative material or Initiative for Alabama-I would say extremely helpful and thoughtful and I would think that there’s every potential for that to be so in this case as well.  What I would like to do, to offer a second line of discussion, Conner, that the faculty might consider and that is to make use of the relevant standing committees.  I think they exist as a vehicle for shared governance  which I believe is the rubric you’re addressing and I’d like to reiterate explicitly with emphasis what Conner was saying earlier, which is service on these committees is extremely important.  I became aware of that in the President’s Office when I had the assignment of trying to regularize the standing University Committee system, which needed a good deal of work on it.  They’re tremendously important.  This is a mechanism for shared governance and I think one could consider employing it in this case.

Dr. Brunner: Ok, you’ve preempted the first half of my second question, which was I was aware that deans were gathering information from their faculty; they got a fairly short timeline on that, if I’m not mistaken, and then my second question is, how do you plan to integrate the information that you’re gathering from the deans and departments and also then from the Senate leadership, the faculty governance structure with the Board Committee that’s been specifically assigned to look at the Fisher Report and advise the Board on its implementation?  How will those dovetail?

Dr. Bailey: To be determined was the response that Dr. Heilman gave.  I think it’s probably fair to say we’re in uncharted territory here.  There’s a very, very important report with a lot of recommendations.  Many of them are specific to the faculty or the domain of faculty administration in relations and the committee structure, as Dr. Heilman said, we all heard Dr. Richardson say we want to make sure we don’t get out ahead of the Board here.  I don’t think we’re going to be rushing to making changes immediately, but this is something that, and this is the first opportunity to discuss these matters on campus, and not the last.  I’m sure there’s going to be opportunity for faculty, A&P, staff, student involvement in the process of working through and deciding which of the recommendations we’re going to pick.  Dr. Locy, I believe you were next.  Thank you.

Dr. Bob Locy, Steering Committee: Thank you.  I guess when I read the Fisher Report, I was struck by it being a rather incredible document in terms of its breadth.  It seemed to cover practically all issues.  However, my view was that at least in some of the areas with which I was most familiar, I found it kind of lacking in terms of depth in those areas and it seems to me that this is the sort of approach we could be taking at this point and time, which would be to aid and albeit those recommendations in the Fisher Report in terms of trying to inform both the Board and the administration or whoever is appropriate in terms of where there really needs to be more information in terms of the depth to which the report goes to reach its conclusions and maybe some of the conclusions come off needing revised when you look at some of these subject matters in more depth and certainly the idea of using more university committees to do that is probably a beginning approach.  But I think by Dr. Heilman’s own admission as well in respect to remarks he just made in response to Dr. Brunner’s question, the processes that were used in the Initiative for Alabama in soliciting faculty input in that would seem to be another possible mechanism where substantially more depth could be brought to the Fisher Report in terms of outlining where the real problem areas are and ways in which it could be resolved and I guess my question is, to get to one finally, is there any possible way that we could begin to take steps to start to put a little bit more depth to the Fisher Report in some of these areas where more depth is needed beyond just having existing faculty committees survey some of these issues.  Can we propose a mechanism to bring those back to light where we might solicit broader faculty input using something like the open forum approach that was used in the Initiative for Alabama?

Dr. Bailey: Thank you.  I’m assuming you don’t want me to give you a specific answer at this moment.

Saralyn Smith-Carr, Clinical Sciences: I was asked by one of my faculty members and I don’t think that everyone has actually looked at all of the portions of the Fisher Report, but it has been brought to our attention and I do believe that we should as a body make some recommendations about it.  There’s a strong feeling that this is a really good report, I feel so that way about the report, particularly that it is helping us to address the diversity issues that are present and I’m happy to hear that the president is really looking at doing some of those things and I just want to ask, is there going to be another forum where I could maybe bring more representation from the rest of my faculty about this report to this body, like in March or such that we could?  You know, because I’m bringing my opinion and the opinion of maybe another person that we strongly feel that we should look at this report and endorse it.

Dr. Bailey: Thank you.  The Steering Committee of the Senate which sets the agenda meets this Thursday.  I will recommend that we continue the discussion and not hearing any opposition to the concept, bring forward some resolution that gives a broad support and thanks for the Fisher Report and certainly in the context of that, there will be opportunity for discussion.  Hopefully we will keep the agenda slimmed down enough that we’ll be able to get to it earlier than today.  The Smoker Surcharge Policy was an issue that we all know came up very late.  It seemed appropriate to bring it to this body today, which leaves us at this hour.  Hopefully we’ll not have anything like that at the March 7th meeting.

Saralyn Smith-Carr: I was just feeling that perhaps there are a lot of people that have left and I would like to hear what…

Dr. Bailey: As would I.  Thank you.

Tom Smith, Human Development & Family Studies: This previous discussion really gets to what I wanted to talk about and that basically, I’m not sure procedurally whether I’m really asking to table this discussion to the next meeting or to continue it, however that would be appropriate, but given the exodus from the meeting and the short time, I don’t think it really honors the spirit of what we want to do with this as the Senate.  The other thought is that Dr. Heilman’s request that’s gone out through the deans and departments-and I know my department is having a faculty meeting on Thursday-I feel I will be much more prepared as my department senator in March to bring much more meaningful discussion to bear for the Senate to have a serious consideration of the report, et cetera and would hope, it sounds like it is in fact, your intent to bring that to the Steering Committee as an idea so I guess I’m saying I think we ought to adjourn pretty soon and get all over that.

Dr. Bailey: If it’s acceptable to you, as there are people standing at the mic, I would certainly like to hear what they have to say.  Yes, Virginia?

Virginia O’Leary, Psychology: Rich was next. I guess I want to speak in that capacity but also in my current capacity as the president of the Auburn chapter of AAUP.  The AAUP Executive Committee met last week and we discussed, not surprisingly, the Fisher Report and shortly we will be publishing our spring newsletter and it may stun some people to find that we reached consensus that we broadly support it, the Fisher Report, and wish to join clearly the Senate, as I just heard the comments being made, as well as Interim President Richardson with changing the climate on this campus and moving forward without rancor.  And I just wanted to report that because I think that we are at a critical juncture and we have a unique opportunity and I certainly hope that we will seize that opportunity.  Each of us, regardless of what our past positions have been, be we members of the Board of Trustees or you know, the 20 shrieking voices of the AAUP-not true by the way; we currently have 123 active members-or members of the University Senate or a future faculty Senate, et cetera; but I do think that we need to move forward and I think that is important for us to share our perspectives sooner rather than later in this general vein which can then lead to what I hope will be a constructive, in depth series of future discussions.

Dr. Bailey: Thank you.

Richard Penaskovic, Chair-elect: I find that my students are insolent in their attitudes and parochial in their concerns.  I’d like them to become world citizens so I like the emphasis in the Fisher Report on the foreign languages.  And if we can raise $500 million dollars with this campaign and we already have an endowment of $330 million, that will give us about $40 billion dollars a year to play with, so I like to see us build an overseas campus in maybe China, India or Japan to send our students and make them world citizens.  That’s my hope.

Dr. Bailey: Thank you. Seeing no one else at the microphones, let me point out this is about what the report looks like, but it’s not that hard of a read.  It’s not like a referee journal article in some of our fields, so I encourage you please to read it.  Do I hear a motion to adjourn.  Done.