******************************************************************
Page 3652  Minutes of Senate Meeting 192   4 Nov 1992



         The Senate of Michigan Technological University
                    Minutes of Meeting No.192

I. Call to Order
     President Sharik called the meeting to order at 7:05pm on 4
     November 1992 in Room 105, Memorial Union Building.

II. Roll Call of Regular Members
     19 Senators or alternates were present.  Representatives from
     the following units were absent: AF ROTC, Army ROTC, Chemical
     Engineering, IWR, Mining Engineering, Graduate Student
     Council, Undergraduate Student Council.
     Absent Senators-at-large:  Thomas Grimm, Davis Hubbard, John
     Lukowski, Madhukar Vable.

III. Recognition of Visitors
     K. Lipman (Lode), J. Waber (Physics), E. Frederich (Omicron
     Delta Kappa), M. Goodrich (Tech Topics), D. Williams
     (Counseling Services), K. Farrell-Perrini (Housing), T. Snyder
     (Bio Sciences), W. Shapton (E.S.I.), J. Coleman-Plouff (Senate
     Secretary Asst.).

IV. Minutes
     The minutes of Meeting No. 191 were accepted, corrected, and
     approved as corrected.

V. Senate President's Report
  A.  The increased activity within the University implies a lot
     of work for the Senate.
  B.  Janis Coleman-Plouff was introduced as the new Secretarial
     Assistant for the Senate.  The Provost is very close to
     finding an office space for the Senate and the Secretarial
     Assistant.
  C.  President Tompkins increased the Senate budget from $3,300
     to $5,000 for 92-93.  The increase will pay for correspondence
     and the Secretarial Assistant's salary.
  D.  State of the University Address: Sharik expressed
     appreciation for the opportunity to sponsor the event, and
     thanked the Chairs for preparing lists of goals and objectives
     for 1992-93.  The lists had been compiled and edited, and were
     distributed to the Senate (Appendix A of these minutes). 
     Sharik said and many agreed that the introductions of Senators
     by name was cumbersome.  J. Waber commented that it would be
     better to print names in a program next year.
  E.  Sharik recommended a policy that every Senator serve on at
     least one Senate Committee; opportunities for committee
     service will be available.
  F.  Creation of New Committees: The Senate does not have a
     committee to provide input on problems of tenure and
     promotion, nor is there a Senate committee participating in
     the University's financial planning process.  The Senate
     should consider establishing such committees. 
  G.  ESI/Ventures: Sharik is a member of the ESI/Ventures Faculty
     Review Committee which has produced a final report.  The
     document was distributed to the Senate as its first official
     public release (Appendix B of these minutes).  William
     Shapton, Vice President of ESI, was invited to give a synopsis
     of the final report.
        William Shapton addressed the Senate:  The final report was
     distributed to the MTU Board of Control and Trustees of ESI
     earlier in the week.  The three major recommendations from the
     Faculty Review Committee were:
     (1) Orderly divestiture of all assets of ESI/Ventures.  (2)
     To review whether or not MTU needs an external entity to
     support its technology transfer efforts.  (3) That, while ESI
     continues to operate, its members commit themselves to work
     in an open manner with the public and university.  The
     committee identified two lessons learned from problems of ESI
     and Ventures: (a) Accountability is critical in the management
     of public entities.  (b) All University policies and
     initiatives should be formulated only after extensive
     opportunity for faculty input and public comment.
         Three operating companies are left to be sold: Horner
     Flooring, Pelletech, and Erickson Saw Mill.  The sale of
     Horner should be finalized within 30 days.  The situation
     involving Pelletech is summarized in a recent issue of the
     Lode.  ESI is concerned about the responsibility of possible
     buyers.  Selling to the highest bidder is not the only
     consideration in disposing of these properties.  The
     availability of Erickson Saw Mill has been advertised, and the
     property should be sold by January 1, 1993.
        Vilmann asked whether there would be income at this point
     to pay taxes on Ventures land holdings.  Shapton said much of
     the land owned by Ventures has been made valuable by the
     creation of the National Park, and that ESI hopes to retain
     ownership in order to place these holdings in the park. 
     Further, some of the properties may have some environmental
     liability connected with them; ESI does not intend to dissolve
     itself and pass the liability on to MTU.  Income derives from
     the note from the sale of the hotel, and royalties from the
     sale of Zimpro.  Lands that remain furnish lease income.  In
     addition, lands currently are being sold; ESI plans to
     increase the rate of disposal responsibly, without dumping it
     on the market.  Artifacts from mining activity are being
     conserved.  Most of "Ventures" will be gone by June 1993.
        Julien commented that several early recommendations by the
     Review Committee had been implemented by the ESI board,
     including providing of information regularly about
     ESI/Ventures activities.  Julien commended Shapton for
     informing the Faculty Review Committee.  Sharik expressed
     Senate appreciation for Bruce Seely's work on the Faculty
     Review Committee.
  H.  Banner System:  Sharik reported that George Fox, Manager of
     Administrative Computing, had volunteered to explain the new
     "Banner System" to the Senate at the next meeting.  Roblee
     suggested that the presentation be scheduled for the public
     as a broader forum, rather than the Senate alone.  Heuvers
     suggested a Tech Tea Time presentation.
  I.  Sharik reported on the discussion of several topics in his
     monthly meeting with President Tompkins.
       1.  Opportunities for Senate action and activities are
          numerous.


******************************************************************
Page 3653  Minutes of Senate Meeting 192   4 Nov 1992



       2.  Concerning the annuity and life insurance retirement
          benefits which were not approved by the Board of Control:
          President Tompkins said the Provost's office will furnish
          pertinent budgeting and long-range planning information
          to the Senate Fringe Benefits Committee.  In turn,
          President Tompkins would appreciate these proposals being
          brought to the Cabinet for discussion there prior to
          finalization by the Senate.
       3.  President Tompkins suggested that other important
          proposals be submitted in draft form for consideration
          by the Cabinet.  (Previous examples of this include the
          Senate guidelines for selection of the chief financial
          officer and the provost, and the governance policies
          considered last year.)  This procedure increases the
          probability of support from the Board of Control.
       4.  The involvement of the Senate in long-range planning is
          a problem.  This was evident during the Cabinet meeting
          of 12 October, when Sharik presented Senate Goals and
          Objectives for 1992-93, while the Provost presented a
          draft of the 1993-94 budget and a 1993-98 Financial Plan.
          An institutional timing problem is partly involved. 
          Senate officers and committee chairs are installed in the
          spring, but do not function until fall, which puts them
          two months behind in University decisions. 
          Constitutional revisions should consider timing of
          elections.
       5.  President Tompkins suggests that the Senate take the
          lead in the process of considering the proposal for a
          four-year program in the School of Technology, and also
          in the analysis of balance between undergraduate and
          graduate education.  Sharik has referred these two
          matters to the Curricular Policy Committee.
       6.  Along with more involvement and responsibility in
          University governance comes more time spent in these
          activities.  There are often negative rewards associated
          with time spent in University service.  President
          Tompkins suggested that the Senate develop some policy
          of remuneration for University Service, including
          possible release time to departments.  Creating an ad hoc
          committee on remuneration for involvement in University
          activities was suggested.  President Tompkins indicated
          that if this committee were formed it might want to meet
          with Deans and Department Heads to discuss policy in
          these matters.
        7. Luncheon meetings with President Tompkins were
          discussed.  If the Senate favors these, Sharik proposes
          to set up such meetings on a quarterly basis.
        8. Plans on spousal tuition is being discussed by the Staff
          Council, and President Tompkins said the Senate Fringe
          Benefits Committee might want to contact them on this and
          on plans for tuition breaks for children.
        9. Similarly, Tompkins suggested that a small Senate ad hoc
          committee might want to contact Bob Hauswirth, SDC
          manager, regarding the implications of free membership
          in the SDC for faculty and other employees.
  J.  Debbie Lassila, Coordinator of Academic Affairs in the
     Provost's Office, contacted Sharik about the Faculty Handbook,
     which their office feels badly needs revision in both style
     and content.  The matter has been referred to Curricular
     Policy Committee, because the Handbook Committee is inactive
     and without membership.
  K.  Bill Predebon, Chair of the Provost Search Committee, has
     informed Sharik that the three to five finalists for the
     position will be on campus in December.  That committee would
     like the Senate to host an open forum focusing on the academic
     concerns of the Senate constituency.  Sharik suggests that an
     ad hoc committee conduct the forum.  Snyder commented that the
     Search Committee already has the forum scheduled.
  L.  Sung Lee, Vice-President for Research, has contacted Sharik
     about the formulation of a university policy on scientific
     misconduct. This will be important in research funding. 
     Sharik suggested that the Senate needs a Research Policy
     Committee as an analog of the Instructional Policy Committee.
  M.  University policy on "shared governance":  This has created
     a dilemma, because such shared responsibility has not carried
     with it shared authority.  There needs to be a formalization
     of this model within the university, so that both
     responsibility and authority are shared.  The pattern of the
     U.S. Constituion for division of power has been suggested,
     e.g. veto power.  Sharik referred these matters to the
     Senate's Institutional Evaluation Committee.  Heuvers
     commented that this is being considered by the Constitution
     and Constituency Committee.

VI. Senate Vice-President's Report
     Senate VP Vilmann asked that the members of the Board of
     Control Liaison Committee contact him to activate the
     committee.  Vilmann announced that Omicron Delta Kappa, a
     student leadership-&-scholarship fraternity, is sponsoring a
     forum on effective teaching.  He introduced Elaine Frederich,
     ODK member, who described the forum to be held 9 Dec, and
     asked for Senate endorsement of the letter of invitation to
     the forum.
         Grzelak moved that the Senate endorse the concept of the
     ODK teaching forum; motion seconded by Jambekar and Heuvers;
     passed unanimously.  Fynewever suggested that the forum be
     videotaped and kept on file at the Center for Teaching
     Excellence.

VII. Committee Reports
  A.  Election Committee:  Chair Heyman distributed a list
     (Appendix C of these minutes) of nominees of faculty members,
     for the Presidential Commission on Diversity.  The nominations
     for cabinet alternates and for the vacant at-large Senate seat
     have been solicited and closed.  Balloting will begin soon.
        The Senate has been mandated to appoint the members of the
     Commission on Diversity, one faculty member for each college
     and school.  Because only one nomination had been received for
     each unit, Heyman moved that the Senate appoint the nominees
     by acclamation.  Julien seconded the motion; it passed without
     opposition.
         Heyman thanked the Senators for their work in
     communicating election information to their constituents. 
     Heuvers asked about the timing of elections for Cabinet
     alternates and the at-large Senator.  Heyman said the ballots
     would be distributed in a few days.
  B.  Budget Liaison Officer:  A. Jambekar reported that the search
     for a Chief Financial Officer is continuing on schedule.
         Julien inquired whether it would be appropriate for the
     Senate to ask Ron Blevins, the current financial officer, to
     give a report to the Senate, regarding the status of accounts
     and the cash-flow problem.  Jambekar agreed to invite Blevins.
  C.  Curricular Policy Committee:  Chair T. Bornhorst reported
     that the committee has unanimously approved a Certificate


******************************************************************
Page 3654  Minutes of Senate Meeting 192   4 Nov 1992


     in Municipal Management, which will be submitted to the Senate
     for approval at the next meeting.
         Bornhorst referred to Sharik's list of goals (Appendix A).

     The committee has considered an honors program, and has
     temporarily tabled the issue until student input has been
     obtained.  Bornhorst will address the student governing body,
     requesting student input on an honors program.
         The committee has not yet received the official paperwork
     on the proposal for a four-year program in the School of
     Technology.  President Tompkins has not only suggested that
     the committee take the lead in considering this proposal, but
     has offered funding to support advice and study of the
     proposal by experts outside of the university.  Informal
     polling indicates that the committee will want authorization
     to perform its study deliberately, with "experts" of its own
     selection.  Involvement of the whole university community,
     including alumni, is important.
         Bornhorst expressed concern about whether or not
     recommendations of the committee would be followed by the
     upper administration, considering the effort of such a program
     review.  Heuvers commented that committee reports approved by
     the Senate go to the President for appropriate action and
     consideration by the Board of Control.  Carstens commented
     that all committees on campus serve only in an advisory
     capacity.  Sharik commented that this emphasizes the need for
     a policy on shared governance.  Julien commented that the
     Cabinet is only a sounding board and information dissemination
     point, and that even the old Academic Council only served in
     an advisory capacity.
         Bornhorst said that the two issues, balance between
     undergraduate and graduate education, and revision of the
     Faculty Handbook, are important and should be considered by
     a separate committee rather than by the Curricular Policy
     Committee.
  D.  Fringe Benefits Committee:  No report was given in the
     absence of Chair L. Leifer.
  E.  Institutional Evaluation Committeee:  Chair D. Hubbard was
     absent.  Keeble reported that the committee had met and had
     written a draft proposal on departmental governance, which was
     distributed to the Senate (Appendix D of these minutes).  No
     model charter was attached to the draft proposal.
  F.  Instructional Policy Committee:  Chair C. Heuvers had no
     report.
  G.  Constitution & Constituency Committee:  Chair C. Heuvers
     referred to the report of the committee (Appendix E of these
     minutes), and summarized the committee's work on the
     constituency.
         Pilling suggested that the Senate should also now consider
     New Business Item F, "Petition for Referendum", because the
     proposed referendum affects discussion of constitutional
     revisions.  The suggestion was discussed.  Heuvers completed
     his summary of the committee's work, including its proposal
     for a Research Policy Committee.  Heuvers also read a letter
     from the Graduate Student Council, indicating that the
     Graduate Student Council wished to resign from the Senate.
         Grzelak asked about the two lists of constituents; Heuvers
     replied the two lists are a product of the current voting
     procedures, and will be combined under the proposed revisions
     of the constitution.  Julien indicated that the Senate can
     define its own constituency; the constitution only requires
     a representative of each academic and research department,
     along with the university President and Provost.
         Keen noted that under the current Senate constituion, the
     Graduate Student Council is also required to elect a
     representative, and that it cannot simply resign its
     membership.  Fynewever noted that counseling and advising
     personnel would be included because of their contacts with
     students; Heuvers replied that this would have to be
     considered by the constituency appeal board.  Fynewever
     replied that the committee had explicitly included counselors,
     and Heuvers replied that the item was not settled.
         In summary, Heuvers indicated that the committee was now
     asking for Senate advice: should they proceed through the
     usual Senate proposal route, or should the committee prepare
     a referendum for the constituency.  J. Waber asked whether the
     constituency list was tentative or final; Heuvers indicated
     the list was tentative.  Vilmann reiterated the request for
     advice before proceeding.  Waber questioned the status of
     coaches in the constituency.  Fynewever replied that all
     coaches are teachers; Vilmann indicated coaches would be part
     of the proposed definition of faculty.  Heuvers indicated that
     there may be problems with Research Assistants, some of whom
     may have contact with students.  A. Hein indicated that
     changes in titles may obviate the difficulty.
         Bulleit indicated that the problems of constituency need
     to be discussed relative to the proposed referendum in New
     Business Item F.  Pilling moved that the Senate alter the
     agenda and consider the item immediately.  Jambekar seconded
     the motion, which was approved.
         Keen explained that the item was placed on the agenda by
     a presentation to him of 80+ faculty signatures on a ballot
     initiative proposition.  The proposition asks that the
     proposal be submitted to faculty as defined in the
     proposition.  Bornhorst indicated that the Senate rules for
     a referendum call for a submission to the entire Senate
     constituency.  Keen replied that the faculty governance
     referendum in the Spring of 1992 was submitted only to the
     faculty.  Heuvers noted that the Senate does have a faculty
     constituent list, and that this referendum should be sent to
     that list, not the narrower list defined by the referendum.
         Sharik called for a supporter of the referendum to address
     the Senate.  T. Snyder referred to the document (Appendix F
     of these minutes), and called for the Senate to conduct the
     referendum.  Bulleit asked why librarians and research faculty
     were not included in the proposal.  Snyder indicated that
     these persons have different job descriptions than academic
     faculty; in addition the call is for a constitution committee,
     which may include librarians and persons in physical education
     that have academic appointments.  Roblee indicated that he had
     never seen the initiative before.  Snyder said that the
     initiative had not gone to every department because of time
     constraints.  Roblee suggested that the supporters of the
     referendum should work with the current Constitution and
     Constituency Committee.  Julien commented that a Constitution
     Committee already exists, and questioned the need for another.
     Snyder replied that the new committee would be composed only
     of academic faculty.  Pilling said many faculty feel that the
     current Constitution committee is not representative of the
     faculty, and this proposal would provide an opportunity to
     establish a true faculty senate.  Sharik expressed puzzlement
     on the need for another committee, because the Senate
     committees are open to any persons wanting to become involved.
     George indicated the proposals were clearly distinct.  Hein
     wondered whether a senate of academic faculty only could view
     research and research faculty objectively.  Heyman wondered
     about the restriction of the referendum to academic faculty
     only; the referendum would exclude even individuals on the
     Senate's faculty list.  He also wondered about the value of
     excluding persons who would be affected by the outcome of the
     vote.  Pilling commented


******************************************************************
Page 3655  Minutes of Senate Meeting 192   4 Nov 1992


     that the Senate is now obligated to conduct the referendum
     with the entire constituency.  Roblee said that he would not
     like to be represented by an academic senate as defined by the
     referendum proposition.  Snyder commented that the university
     is moving to a different style of internal governance with a
     strong provost and also with "shared governance".  Provost
     candidates have indicated they would like to work with a
     faculty senate whose constituency is clear; the current
     Senate's constituency and concerns are diffuse.  J. Waber said
     that conversations with President Tompkins showed the
     president favored a faculty senate that likely would not
     include research faculty.  W. Shapton commented that academic
     faculty have to balance teaching and research
     responsibilities, and that research faculty view the
     university differently.  Vilmann said that a diversity of
     opinion was needed to make informed decisions.  George
     commented that a separation is very serious, that a small body
     is not as strong as a large body.  Snyder replied that the
     academic faculty's concerns are lost in a large senate.  Waber
     said that university administrations try to dilute strong
     faculty senates with addition of other constituencies.  Roblee
     commented that the strength of a body depends on its activity.
     Julien noted that the current Senate has been representative.
         Bulleit said that the present issue is who is to vote on
     the referendum.  Snyder indicated that the precedent set by
     last spring's referendum indicated that the Senate could
     restrict the eligible voters for referenda.  Bornhorst
     indicated that the Senate has to decide who is affected by the
     results of the referendum, and who must be eligible to vote. 
     
         Heyman moved: The Senate shall conduct a referendum based
     on the ballot initiative proposition.  Wording of the
     referendum ballot is to be based on the ballot initiative
     proposition:  "The faculty of Michigan Technological
     University shall form...".  The ballot shall be yes or no, and
     placed before the entire Senate constituency.
         The motion was seconded by Grzelak and Bornhorst.  Bulleit
     asked about the composition of the list of the constituency. 
     Heyman replied that there is a list used for electing
     senators-at-large, and said that he put forward the motion to
     clarify discussion on the constituency, because it is clear
     that the Senate must conduct the referendum.  Keen asked for
     a clarification of the constituency list Heyman was proposing
     to use; Heyman replied that he intended the full list be used.
         Discussion involved the wording of some of the items on
     the ballot.  Heyman accepted a friendly amendment to note that
     the library was not an academic department.  Heyman emphasized
     that the import of his motion is the submission of the
     referendum to the entire constituency.  The motion as amended
     was passed by voice vote.
         Vilmann suggested that the Senate provide some
     accompanying informational material about the proposition. 
     General discussion focused on the appropriate format for this.
     Heyman suggested that the referendum not be rushed, and that
     time be allowed for discussion of the proposition.  Snyder
     indicated that the referendum should be conducted within a
     week to 10 days.
         Heuvers moved that the documents produced by the
     Constitution and Constituency Committee be submitted to the
     constituency as a referendum for general approval of the
     direction the Constitution Committee was proceeding - yes or
     no.  Fynewever seconded the motion.  Bulleit pointed out that
     the documents were not in the form of a referendum.  Roblee
     suggested new wording.  Sharik commented that the documents
     were being forced into a role they were not intended to play,
     that they were draft documents.  Further discussion centered
     on which administrators might be excluded from the vote on the
     proposed referendum.  The motion was defeated in a voice vote.
         George moved: That a single page of pros and cons about
     the referendum, be submitted along with the referendum, the
     page to be written by Moore and George.  The motion was
     seconded.  Pilling proposed a friendly amendment (accepted),
     that additional information "pro" be composed by T. Snyder,
     that information "con" be written by Heuvers, and that a
     general information sheet be written by Moore and George. 
     Timing of the writing and the balloting was discussed.  Roblee
     said he expected all future Senate referenda to be accompanied
     by such information sheets.  The motion carried without
     opposition.  Further discussion involved the timing of the
     referendum.

VIII. Reports of Affiliated and Ad Hoc Committees
  A.  President's Cabinet:  Sharik reported that the cabinet had
     met, and that minutes have been widely distributed.  The
     university is paying attention to the Act on Americans with
     Disability.  This underscores the need for more Senate
     involvement with the planning process.
  B.  Board of Control Liaison Task Force:  Chair Vilmann had no
     report.

IX. Old Business
  A.  The faculty benefits proposal for spousal tuition was
     discussed in President Sharik's report.
  B.  Salary structure policy: Sharik has asked other universities
     to send information about the way they structure salaries.

X. New Business
  A.  Role of the Senate in unionization effort:  Sharik has
     received memos of strongly supporting the idea that the Senate
     should be involved in educating the constituency about
     unionization.  Some ideas include sponsoring debates between
     persons for and against unionization, and between competing
     unions.  Julien indicated the Senate has a responsibility to
     sponsor some informative debates.  Discussion indicated a lack
     of information about the "con" side of the union.  Carstens
     indicated that there should be no problem with Senate
     sponsorship of debates.
         Julien moved: That the Senate sponsor debates or forums
     about unionization, and that they be timely with respect to
     election dates.  Carstens seconded.  The motion passed without
     opposition.  Sharik called for persons to organize the debates
     or forums.  Julien volunteered to convene a debate committee,
     Bulleit and Jambekar volunteered to serve.
  B.  Meeting of Senate with Deans and Chairs/Heads:  Sharik asked
     if the Senate favored such a meeting, based on President
     Tompkins concern about remuneration or release for persons
     heavily involved in "shared governance".  The idea of the
     meeting was not supported.
  C.  Committee Status for Board of Control Liaison Task Force: 
     Vilmann expressed surprise at the agenda item.  After brief
     discussion, no motion was offered to change the status of the
     Task Force.
  D.  Formation of a Research Policy Committee:  Heuvers referred
     to the memo of the Constitution and Constituency


******************************************************************
Page 3656  Minutes of Senate Meeting 192   4 Nov 1992


     Committee (Appendix G of these minutes).  He noted that
     important research decisions had been made without Senate
     input, such as the patent agreement all personnel were
     required to sign as a condition of their employment.  Vilmann
     moved that the Senate establish a Research Policy Committee. 
     Heuvers seconded the motion.  Pilling supported the formation
     of such a committee.  Sharik noted that it would be
     appropriate for this committee to consider the scientific
     misconduct policy asked for by Vice-President Lee.
         The motion was approved by voice vote.  Pilling
     volunteered to convene the committee.  Heuvers indicated that
     McKimpson would serve on the committee.  Waber and Keeble also
     volunteered to serve.
  E.  Proposed Revision of Bylaws: Heuvers refered to the
     distributed memo titled "Proposed Bylaws Revision" (Appendix
     H of these minutes).  Heuvers moved that the proposed revision
     be adopted, with the insertion of "chair" as noted.  Roblee
     seconded the motion.  Pilling moved that the motion be tabled
     until results of the referendum are known.  Heyman seconded
     the motion to table.  Motion to table was defeated by show of
     hands.  The motion to amend the bylaws passed.

XI. Announcements
     Sharik announced that the Senate should move rapidly on the
     numerous items demanding action, including the filling of
     committees newly created.  Shapton announced that the sale of
     Pelletech and the Erickson Saw Mill were likely to be positive
     financial transactions for ESI.

XII.  Adjournment
     A motion to adjourn was seconded and unanimously approved. 
     The meeting was adjourned at 10:15 pm.





Submitted by Robert Keen
Senate Secretary
.