This shop has the responsibility for a number of contracts, oracle, etc. Need to look at 5 years out. Discussions about tracking, etc. K. Levison noted the need for on-going training. This is being looked at, example is in HR, where SUNY has had significant turnover. Banner is moving forward. A number of campuses have signed on following the regional meetings. Others are assessing their needs.

Legal Affairs Report/Update on FLSA and TRS - A. Edwards, M. Ellerman & C. Lloyd

• NACUBO and NACUA have advised that Alcatasia, a technology company claims to own patent rights for video streaming. About 100 colleges nationally have joined into a joint defense group. As of this date, 4 SUNY schools have received cease and desist letters. SUNY’s first step is to find out if there is a valid patent. We are asking for a validity opinion. If there is not a valid patent, we will be held harmless. A concern is that a large majority is using audio and video streaming technology.
• The tuition rates for 2004-05 will be adopted at the upcoming BOT meeting, and then rulemaking will follow. Supplemental invoices should be sent out to students once there is valid approval. T. Bennett asked for clarification on whether resident students would receive increase in spring instead of fall. M. Ellerman noted fall.
• C. Lloyd discussed the legal opinion issued by the State Comptroller 2 ½ years ago regarding retirement systems. Default is now ERS, instead of TRS. Implications for about 3000 members. SUNY has asked for grandfathering but TRS is less agreeable. SUNY is still working with them. K. Levison asked about differences in TRS and ERS. C. Lloyd indicated they are basically the same, but an advantage for ERS is the members can use sick leave for service credit. A. Edwards noted ERS has more members and therefore more flexibility.
• A. Edwards indicated FLSA is an area that various groups and plaintiff attorneys are looking at as a gold mine. It certainly fits well with class action suits. We have had FLSA rules previously, but as of August 23, 2004, there were changes, most significantly in overtime rules. The threshold of $23,660 now triggers the exemption. TRS and teachers are exempt. Problem in footnotes. Assistant coaches must have significant managerial duties to be exempt. K. Cline noted UUP on her campus expressed interest in this change. C. Webb also expressed this would have an impact on Research Foundation (RF) employees. M. Ellerman indicated teachers are exempt, but when FLSA applies to part time coaches, they must first reach 40 hours. A. Edwards noted concern for Residential Director positions. Resident Assistants would be exempted. They are not paid. K. Levison indicated Geneseo does time and attendance by exception and asked if it is necessary that they now keep track. M. Ellerman noted yes.
• T. Bennett asked for an update on M/C classifications. C. Lloyd has gathered job descriptions. They are in 3 categories. Definitely M/C, no argument - but not giving up, middle.

Last meeting SUBOA passed a resolution that expressed concern regarding the new rule on delinquent account reporting. There was a subsequent conference call with SUNY system, and SUBOA representatives. Appear to have a good compromise coming.

The summer planning meeting was held August 5-6 and 4 major topics were discussed:

• committee structure
• dates and formats of meetings
• communication

and upcoming issues:

• BAP II
• student receivables
• business systems upgrades
• rollout of 5 year capital plan
• DASNY costs.

Discussions of an annual meeting followed. J. Homberger and K. Levison will make recommendations regarding format to improve communication. N. Lyons and J. Nolan are investigating locations.

N. Lyons and J. Nolan have also investigated other facilities in Albany area. Hilton Garden Inn still appears to be best choice. They were able to negotiate an earlier check in. T. Bennett confirmed dates for 2004-05. The next next date is Nov. 16-17 followed by Jan 26-27, April 20-21 and June 15-16. T. Bennett indicated he has received good feedback regarding dinner speakers.

SECTOR Discussion Topics-Comprehensive Colleges - J. Homberger

• OSC letter regarding Construction Fund and auditing of payments
• Bonding funding (CF) and overhead assessments (DASNY)
• SECUS Center
• Business Systems
• Finance and HR Systems
• What is SUNY doing to rewrite the legacy system
• FTEs and Financial Plan

University Centers - D. Bowers

• Campus lets and need for regional contracts
• Status of audit of RF
• Property Report
• Professional and Grad Tuition
• Pay increases-are they funded?
• EOP vetoed back to Governor’s original budget

D. Richter went over some budget history, indicating that SUNY has faired better and continues to do so as compared to other State departments. Every other State budget has been cut 5-10%. He has worked hard this year to make sure we at least have a flat budget with some minor positives. They were able to make the argument to the legislature this year that the $50M restoration was important. $16.7M remained in tact and there will be attempts to restore the rest of the $50M. D. Richter believes this is the 2nd of a 3 year crisis. He has told legislature that there are no guarantees of no-layoffs. Asked about a mid-year cut, D. Richter responded that he didn’t think so. He does expect next year to be the worst.

B. Stenson indicated the finance committee is currently meeting. There is a full agenda, including community colleges. Will try to get us the passed resolution if passed before the meeting’s end. We will have a conference call next week to discuss the financial plan. Almost every campus is up due to tuition revenue. J. Homberger asked when the 2005-06 process starts. B. Stenson indicated a month or so. L. Hartmark thanked D. Richter and his staff for their extraordinary efforts on behalf of SUNY.

SUNY Construction Fund - P. Wood & R. Haelen

There were 2 primary objectives: prioritize and sequence. Right now the legislative adds have been vetoed, but we will see if the will be restored this fall. Some indications that the Senate is willing to re-look at these projects.

The fund is anxious to get moving in early October. They will be visiting campuses to discuss their upcoming plan. T. Bennett asked for update on matching plan. P. Wood responded that it had also been vetoed.

R. Haelen spoke about attempts to streamline the need to resubmit budget certificates every time there is a change. Also asking for flex legislation. The Fund is adding a campus representative on procurements. They will have training and be a formal member of the team. The Fund has asked their Board to expand procurement selection from 1 committee to 4 committees and have authority to add teams. The Comptroller is being cooperative with this process. The campuses will also receive shortly procedures for campus lets.

RF Update - T. Jennings & C. Wade

The RF is focusing on improved reporting. Recently a new Gift Acceptance Policy was implemented. Several areas where the RF could offer assistance were discussed, including philanthropy, planned giving, advocacy, sponsored programs, fiscal staff, and IT.

Governmental Relations - J. Campbell

J. Campbell distributed the 2004 Legislative Summary and spoke to some highlights.

Update on Budget Allocation Process/BAP Committee

A brief update was given as to the current status of the BAP committee. There is a major challenge as there is no new money available. The goal is to have something workable ready for the 2005-06 budget.

Adjourned 12:00 pm.





















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