NOTICE OF OPEN MEETING
FOR SUBMISSION TO
SECRETARY OF STATE/TEXAS REGISTER DIVISION

 

NAME OF AGENCY:  The University of Texas System

 

BOARD:  Board of Regents

 

DATE OF MEETING:  11/11/2009

 

TIME OF MEETING:  10:00 AM

 

ROOM, BUILDING, & STREET LOCATION:  Board Room, 9th floor, Ashbel Smith Hall, 201 West Seventh Street

 

CITY:  Austin

 

ADDITIONAL INFORMATION OBTAINED FROM:  Karen A. Rabon, 201 West Seventh Street, Austin, Texas  78701-2981; Telephone:  512/499-4402, Fax: 512/499-4425; Email:  krabon@utsystem.edu

 

COMPLETE AGENDA (single space):

 

The link for the live webcast of the open session portion of the November 11, 2009, committee meetings will be http://mediasite.utsystem.edu/mediasite/Viewer/?peid=06414940ed5f4239ba32a6fd845a436b

and the link for the live webcast of the November 12, 2009 committee and Board meetings will be http://mediasite.utsystem.edu/mediasite/Viewer/?peid=7a81acaf353d4b27a240db3133703997

 

The U. T. System Board of Regents will meet from approximately 10:00 a.m. to approximately 5:00 p.m. on November 11, 2009, and from 8:00 a.m. to approximately noon on November 12, 2009. Meetings are scheduled to follow each other consecutively and may start earlier or later than the posted time depending on the length of the discussions and the reports of previous meetings. Please note that the estimated times given in the posting are only approximate and may be adjusted as required with no prior notice.

 

The link to the complete Agenda Book is http://www.utsystem.edu/bor/AgendaBook/Nov09/11-11&12-09MeetingPage.html.

 

The following notice is posted at the unofficial recommendation of the staff of the Attorney General's office.  Some of the meeting times are posted as individual meetings of committees of the Board; however, any members of the Board may attend committee meetings.  Because some Board members who are not committee members may attend committee meetings and thereby create a quorum of the full Board, the meetings of all committees are also being posted as meetings of the full Board.

 

The U. T. System Board of Regents will convene Committee and Board meetings according to the following agenda:

 

November 11, 2009

10:00 a.m.

 

A.  CONVENE COMMITTEE MEETING

 

ACADEMIC AFFAIRS COMMITTEE

Discussion and appropriate action regarding the following Agenda Items:

 

1.  U. T. Austin:  Authorization to lease approximately five acres out of Survey No. 632 and the William Little Survey in Port Aransas, Nueces County, Texas, together with all improvements, to the Port Aransas Independent School District for the operation and maintenance of athletic facilities; and finding of public purpose

2.  U. T. Tyler:  Authorization to purchase real property and improvements located at 2611 Old Omen Road, Tyler, Smith County, Texas, from the Estate of Ruth G. Thompson for a purchase price not to exceed the fair market value as established by an independent appraisal for campus expansion needs and initial use as office space for sponsored research projects

3.  U. T. Austin:  Authorization for additional use of the Mike A. Myers Stadium and Soccer Field by Austin Aztex FC soccer organization to hold the Austin Cup soccer tournaments

4.  U. T. Austin:  Authorization to establish M.A. and Ph.D. degree programs in Religious Studies

5.  U. T. Brownsville:  Report on Satisfactory Academic Progress Policy

6.  U. T. System:  Discussions on academic leadership matters related to distance education

 

B.  CONVENE THE BOARD IN OPEN SESSION TO RECESS TO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, CHAPTER 551 (working lunch)
1. 
Negotiated Contracts for Prospective Gifts or Donations - Section 551.073

a.  U. T. Austin:  Discussion and appropriate action regarding proposed negotiated gifts with potential naming features

b.  U. T. Medical Branch - Galveston:  Discussion and appropriate action regarding a proposed negotiated gift with a potential naming feature

2.  Consultation with Attorney Regarding Legal Matters or Pending and/or Contemplated Litigation or Settlement Offers - Section 551.071

a. U. T. System Board of Regents:  Discussion with Counsel on pending legal issues

3.  Deliberations Regarding the Purchase, Exchange, Lease, Sale, or Value of Real Property - Section 551.072

a. U. T. Pan American:  Discussion and appropriate action concerning negotiations to purchase a condominium interest in approximately 25,400 rentable square feet of an office building with adjacent related surface parking located at 4302 South Sugar Road in Edinburg, Hidalgo County, Texas, from Edinburg MOB Properties, LLC, a Texas limited liability company, for a purchase price not to exceed fair market value as established by independent appraisals, for use as office space for administrative staff and other nonacademic uses

4.  Personnel Matters Relating to Appointment, Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of Officers or Employees - Section 551.074

a.  U. T. Pan American:  Consideration of individual personnel matters related to the appointment of Robert S. Nelsen, Ph.D., as President

b.  U. T. System:  Discussion and appropriate action regarding individual personnel matters relating to appointment, employment, evaluation, compensation, assignment, and duties of U. T. System and institutional employees

c.  U. T. System:  Discussion and appropriate action regarding individual personnel matters relating to appointment, employment, evaluation, compensation, assignment, and duties of presidents (academic and health institutions), U. T. System Administration officers (Executive Vice Chancellors and Vice Chancellors), other officers reporting directly to the Board (Chancellor, General Counsel to the Board, and Chief Audit Executive), and U. T. System and institutional employees

 

C.  RECONVENE IN OPEN SESSION TO CONSIDER APPROPRIATE ACTION, IF ANY, ON EXECUTIVE SESSION ITEMS

 

D.  RECESS FOR COMMITTEE MEETINGS

 

FINANCE AND PLANNING COMMITTEE

This meeting will follow the conclusion of the Meeting of the Board at approximately 1:00 p.m. for discussion and appropriate action regarding the following agenda items:

 

1.  U. T. System:  Discussion and appropriate action related to approval of Docket No. 140 (available online at http://www.utsystem.edu/bor/AgendaBook/Nov09/11-11&12-09MeetingPage.html)

 

U. T. System Administration

Contracts

General Contracts

Amendments To The 2009-10 Budget

Tranfers Of Funds

Real Estate Report

 

U. T. Arlington

Amendments To The 2009-10 Budget

Transfer Of Funds

Amendments To The 2008-09 Budget

Tenure Appointments

 

U. T. Austin

Contracts

General Contracts

Amendments To The 2009-10 Budget

Tenure Appointments

Amendments To The 2008-09 Budget

Transfers Of Funds

 

U. T. Brownsville

Amendments To The 2009-10 Budget

Tenure Appointments

 

U. T. Dallas

Contracts

General Contracts

Amendments To The 2009-10 Budget

Tenure Appointments

Amendments To The 2008-09 Budget

Tenure Appointments

 

U. T. El Paso

Amendments To The 2009-10 Budget

Tenure Appointments

Amendments To The 2008-09 Budget

Tenure Appointments

U. T. Pan American

Amendments To The 2009-10 Budget

Tenure Appointments

Transfers Of Funds

Amendments To The 2008-09 Budget

Transfers Of Funds

 

U. T. San Antonio

Contracts

General Contracts

Foreign Contracts

Amendments To The 2009-10 Budget

Transfers Of Funds

Amendments To The 2008-09 Budget

Transfers Of Funds

New Award of Tenure

 

U. T. Tyler

Amendments To The 2009-10 Budget

Tenure Appointments

 

U. T. Southwestern Medical Center - Dallas

Contracts

General Contracts

Amendments To The 2008-09 Budget

Tenure Appointments

 

U. T. Medical Branch - Galveston

Contracts

General Contracts

Amendments To The 2009-10 Budget

Tenure Appointments

New Award Of Tenure

Other Matters

Approval Of Dual Positions Of Honor, Trust, Or Profit

 

U. T. Health Science Center - Houston

Contracts

General Contracts

Other Fiscal Items

Employment Agreements

Fees And Miscellaneous Charges

Parking And Traffic Enforcement Fees

 

U. T. Health Science Center - San Antonio

Contracts

General Contracts

 

U. T. M. D. Anderson Cancer Center

Contracts

General Contracts

Amendments To The 2009-10 Budget

Tenure Appointments

Amendments To The 2008-09 Budget

Tenure Appointments

 

U. T. Health Science Center - Tyler

Contracts

General Contracts

Amendments To The 2009-10 Budget

Emeritus Appointments

 

2.  U. T. System:  Key Financial Indicators Report

3.  U. T. System Board of Regents:  The University of Texas Investment Management Company (UTIMCO) Performance Summary Report and Investment Reports for the fiscal year and quarter ended August 31, 2009

4.  U. T. System:  Overview of U. T. System debt programs

 

FACILITIES PLANNING AND CONSTRUCTION COMMITTEE

This meeting will follow the conclusion of the Finance and Planning Committee meeting at approximately 2:00 p.m. for discussion and appropriate action regarding the following agenda items:

 

Report

 

1.  U. T. System:  Fiscal Year 2009 Energy Utility Task Force Report

 

Additions to the Capital Improvement Program

 

2.  U. T. Dallas:  Renovation of 17217 Waterview Parkway - Amendment of the FY 2010-2015 Capital Improvement Program to include project; approval of total project cost; authorization of institutional management; appropriation of funds; and resolution regarding parity debt (Final Board approval)

3.  U. T. Dallas:  Shell Space and Infrastructure Build-out Projects - Amendment of the FY 2010-2015 Capital Improvement Program to include project; approval of total project cost; authorization of institutional management; appropriation of funds; and resolution regarding parity debt (Final Board approval)

4.  U. T. Dallas:  Student Housing Living/Learning Center, Phase II - Amendment of the FY 2010-2015 Capital Improvement Program to include project (Preliminary Board approval)

5.  U. T. El Paso:  University Parking Garage II - Amendment of the FY 2010-2015 Capital Improvement Program to include project (Preliminary Board approval)

6.  U. T. Permian Basin:  Residence Hall - Amendment of the FY 2010-2015 Capital Improvement Program to include project (Preliminary Board approval)

7.  U. T. Health Science Center - Houston:  Library, Equipment, Repair and Rehabilitation (LERR10) - University Center Tower Isolation Switch - Amendment of the FY 2010-2015 Capital Improvement Program to include project; approval of total project cost; approval to reallocate approved funding; and authorization of expenditure (Final Board approval)

 

Modification to the Capital Improvement Program

 

8.  U. T. Southwestern Medical Center - Dallas:  Clinical Campus Phase 2: Amendment of the FY 2010-2015 Capital Improvement Program to increase the total project cost; revise the funding sources; appropriation of partial funding for relocation and demolition work; and redesignate as the New University Hospital (Preliminary Board approval)

 

Design Development Approvals

 

9.  U. T. Arlington:  Special Events Center - Amendment of the FY 2010-2015 Capital Improvement Program to increase the total project cost; approval of design development; approval to revise the funding sources; appropriation of funds and authorization of expenditure; approval of evaluation of alternative energy economic feasibility; and resolution regarding parity debt (Final Board approval)

10.  U. T. Dallas:  Campus Services and Bookstore Building - Amendment of the FY 2010-2015 Capital Improvement Program to increase the total project cost; approval to revise the funding sources; approval of design development; appropriation of funds and authorization of expenditure; approval of evaluation of alternative energy economic feasibility; and resolution regarding parity debt (Final Board approval)

 

HEALTH AFFAIRS COMMITTEE

This meeting will follow the conclusion of the Facilities Planning and Construction Committee meeting at approximately 3:00 p.m. for discussion and appropriate action regarding the following agenda items:

 

1.  U. T. System Board of Regents:  Authorization to enter into amended and restated license agreements between the U. T. System Board of Regents and M. D. Anderson Physicians Network and between the U. T. System Board of Regents and M. D. Anderson Services Corporation relating to the use of certain trademarks of U. T. M. D. Anderson Cancer Center

 2. U. T. M. D. Anderson Cancer Center:  Discussion and appropriate action regarding the sale of U. T. M. D. Anderson Cancer Center's interest in P.E.T.Net Houston, LLC, to PETNET Solutions, a wholly-owned subsidiary of Siemens Medical Solutions USA, Inc., for a negotiated price based on the fair market value to be determined by an independent business valuation expert

3.  U. T. System:  Discussion of federal health care legislation and its impact on the U. T. System health institutions

4.  U. T. System:  Quarterly report on health matters, including a report on the U. T. System Health Services Working Group, established to facilitate discussion of anticipated changes in health care, and recent conferences

 

AUDIT, COMPLIANCE, AND MANAGEMENT REVIEW COMMITTEE

This meeting will follow the conclusion of the Health Affairs Committee meeting at approximately 4:00 p.m. for discussion and appropriate action regarding the following agenda items:

 

1.  U. T. System:  Report on the Medical Billing Compliance work plan for Fiscal Year 2010 [Dr. CJ Wolf, Assistant Systemwide Compliance Officer at U. T. System]

2.  U. T. System:  Report on the U. T. Systemwide Compliance Academy

3.  U. T. System Board of Regents:  Report on results of the audits of funds managed by The University of Texas Investment Management Company (UTIMCO) [Mr. Tom Wagner, Deloitte and Touche]

4.  U. T. System Board of Regents:  Approval of the U. T. Systemwide Annual Internal Audit Plan for Fiscal Year 2010

5.  U. T. System:  Report on the Systemwide internal audit activities, including the preliminary results of the Presidential travel, entertainment, and housing expense audits and audits of financial controls at the institutional police departments; and Internal Audit Department reports for U. T. Health Science Center - San Antonio and U. T. El Paso [Ms. Carla Cashio, U. T. Health Science Center - San Antonio and Mr. Williams Peters, U. T. El Paso]

6.  U. T. System:  Report on the progress and preliminary results of the audits of the Fiscal Year 2009 U. T. System Administration and institutional Annual Financial Reports

 

RECESS TO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, CHAPTER 551

Personnel matters relating to appointment, employment, evaluation, assignment, duties, discipline, or dismissal of officers or employees - Section 551.074

 

Discussion with institutional auditors and compliance officers concerning evaluation and duties of individual System Administration and institutional employees involved in internal audit and compliance functions [Ms. Carla Cashio, U. T. Health Science Center - San Antonio and Mr. William Peters, U. T. El Paso]

 

RECONVENE IN OPEN SESSION TO CONSIDER ACTION, IF ANY, ON EXECUTIVE SESSION ITEM AND TO ADJOURN COMMITTEE MEETING

 

E.  RECESS

 

RECEPTION at 6:30 p.m. at the H. J. Lutcher Stark Center for Physical Culture and Sports on the fifth floor of the north end zone of Darrell K Royal Texas Memorial Stadium at 402 23rd Street on the U. T. Austin campus. This is a social event by invitation only, and no deliberation of University business will take place by or among the Regents.

 

November 12, 2009

8:00 a.m.

 

CONVENE COMMITTEE MEETINGS

 

HEALTH AFFAIRS COMMITTEE - SPECIAL MEETING

Convene Special Meeting of the Health Affairs Committee according to the following agenda:

U. T. System:  Report on efforts and activities related to patient safety and clinical effectiveness at U. T. System health institutions [Sherry Martin, M.Ed., MT (ASCP) SC, former professor at U. T. M. D. Anderson Cancer Center and current Health Care Quality Manager, Martin Consultants and Eric J. Thomas, M.D., M.P.H., Associate Professor of General Internal Medicine, U. T. Health Science Center - Houston]

 

STUDENT, FACULTY, AND STAFF CAMPUS LIFE COMMITTEE

This meeting will follow the conclusion of the Health Affairs Committee - Special Meeting at approximately 9:30 a.m. for discussion and appropriate action on the following agenda item:

U. T. System:  Annual Meeting with Officers of the U. T. System Employee Advisory Council [Mr. Joel Helmke, U. T. M. D. Anderson Cancer Center; Mr. Michael Swindle, U. T. Permian Basin; and Ms. Danielle Fournier, U. T. Austin]

 

1.  Introductions

2.  Chairperson's report

-  Accomplishments of the past year and plans for the new fiscal year

-  Update of the Council’s successful programs and practices, including best practices shared among the U. T. System institutions.

 

F.  RECONVENE THE BOARD IN OPEN SESSION. This meeting will follow the conclusion of the Student, Faculty, and Staff Campus Life Committee at approximately 10:30 a.m. for discussion and appropriate action on the following agenda items:

 

G.  APPROVAL OF MINUTES

 

H.  CONSIDER AGENDA ITEMS

 

1.  U. T. System Board of Regents:  Proposed appointment of Regent Printice L. Gary to the Board of Directors of The University of Texas Investment Management Company (UTIMCO) effective immediately

2.  U. T. System Board of Regents:  Proposed appointment of Mrs. Vivien Hester Caven as a Regental Representative to the U. T. Austin Intercollegiate Athletics Council for Women effective immediately

3.  U. T. Health Science Center - San Antonio: Appointment of John P. Howe, III, M.D., as President Emeritus

4.  U. T. System Board of Regents:  Presentation on H. J. Lutcher Stark, a Former Chairman of the U. T. System Board of Regents [Drs. Jan and Terry Todd, U. T. Austin]

5.  U. T. System Board of Regents:  Amendment of Regents' Rules and Regulations, Rule 10501 (Delegation to Act on Behalf of the Board) to revise Section 3.1, regarding contracts exceeding $1 million, and to add new Section 3.3, regarding contracts involving institution names, trademarks, trade dress, or logos

6.  U. T. System Board of Regents:  Adoption of Regents' Rules and Regulations, Rule 30108, regarding State law on employment preferences for former foster children

7.  U. T. System Board of Regents:  Rescindment of Regents' Rules and Regulations, Rule 50401, regarding State law concerning the immunization of students against hepatitis B

8.  U. T. System:  Authorization for the Chancellor to submit Report Concerning Designated Tuition

9.  U. T. System:  Annual accountability report on research and technology transfer

10.  U. T. System:  Report on activities of the Office of Federal Relations in Washington, D.C.

 

I.  COMMITTEE REPORTS TO THE BOARD

 

-AUDIT, COMPLIANCE, AND MANAGEMENT REVIEW COMMITTEE
Discussion and appropriate action regarding the agenda items as listed above for November 11
-FINANCE AND PLANNING COMMITTEE
Discussion and appropriate action regarding the agenda items as listed above for November 11
-ACADEMIC AFFAIRS COMMITTEE
Discussion and appropriate action regarding the agenda items as listed above for November 11
-HEALTH AFFAIRS COMMITTEE
Discussion and appropriate action regarding the agenda items as listed above for November 11
-FACILITIES PLANNING AND CONSTRUCTION COMMITTEE
Discussion and appropriate action regarding the agenda items as listed above for November 11

 

J.  ADJOURN

 

Meetings of the U. T. System Board of Regents are open to the public except for any posted executive session held in compliance with the Texas Open Meetings Act.  Persons interested in committee and/or Board meetings and desiring communication or other special accommodations should contact the Board Office at least two working days prior to the meeting.  The Board Office is open Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding holidays and contact information follows:  phone (512) 499-4402; fax (512) 499-4425; email bor@utsystem.edu; 201 West Seventh Street, Suite 820, Austin, Texas 78701-2981.

 

CERTIFICATION:  I certify that I have reviewed this document and that it conforms to all applicable Texas Register filing requirements.

 

 

 

________________________________

Karen A. Rabon

Assistant General Counsel to the Board of Regents

The University of Texas System

512/499-4402

 

_______________________

Date