TABLE OF CONTENTS FOR MEETING OF THE BOARD

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1 TABLE OF CONTENTS FOR MEETING OF THE BOARD August 11-12, 2010 Austin, Texas Wednesday, August 11, 2010 A. COMMITTEE MEETINGS Student, Faculty, and Staff Campus Life Committee Audit, Compliance, and Management Review Committee B. CONVENE THE BOARD IN OPEN SESSION TO RECESS TO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, CHAPTER 551 (working lunch) 9:30 a.m. 10:30 a.m. 11:30 a.m. 1. Negotiated Contracts for Prospective Gifts or Donations Section a. U. T. Austin: Discussion and appropriate action regarding proposed negotiated gifts with potential naming features b. U. T. Pan American: Discussion and appropriate action regarding proposed negotiated gifts with potential naming features President Powers Dr. Safady President Nelsen Dr. Safady 2. Consultation with Attorney Regarding Legal Matters or Pending and/or Contemplated Litigation or Settlement Offers Section a. U. T. System Board of Regents: Discussion with Counsel on pending legal issues b. U. T. Austin: Discussion of legal issues related to rights and responsibilities for oversight and use of Brackenridge Tract held for the benefit of U. T. Austin c. U. T. System: Legal issues related to compliance effectiveness reviews for the information security program d. U. T. San Antonio: Discussion of legal issues related to construction and operation of athletic facilities located at 8000 North Loop 1604 West, San Antonio, Bexar County, Texas, held for the benefit of U. T. San Antonio 3. Deliberations Regarding the Purchase, Exchange, Lease, Sale, or Value of Real Property Section a. U. T. Austin: Discussion of matters related to lease and valuation of the Brackenridge Tract held for the benefit of U. T. Austin i President Powers Ms. Mayne

2 Wednesday, August 11, 2010 (continued) b. U. T. San Antonio: Discussion of matters related to lease and valuation of athletic facility property located at 8000 North Loop 1604 West, San Antonio, Bexar County, Texas, held for the benefit of U. T. San Antonio 4. Personnel Matters Relating to Appointment, Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of Officers or Employees Section a. 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 b. 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 and related personnel aspects of the operating budget for Fiscal Year Deliberation Regarding Security Devices or Security Audits Section U. T. System: Discussion and appropriate action concerning (1) the deployment, or specific occasions for implementation, of security personnel or devices, or (2) security audits related to information security C. RECONVENE IN OPEN SESSION TO CONSIDER ACTION, IF ANY, ON EXECUTIVE SESSION ITEMS D. RECESS FOR COMMITTEE MEETINGS Health Affairs Committee, Special Meeting.... Finance and Planning Committee.... Facilities Planning and Construction Committee... Board/Committee Meetings President Romo Ms. Mayne 1:20 p.m. 1:30 p.m. 2:45 p.m. 3:45 p.m. Page E. RECONVENE IN OPEN SESSION TO CONSIDER AGENDA ITEM 4:45 p.m. U. T. System Board of Regents: Announcement of recipients for the Regents' Outstanding Teaching Awards and remarks by representative faculty Report Chairman McHugh Regent Stillwell Chancellor Cigarroa 1 F. RECESS 5:30 p.m. ii

3 Thursday, August 12, 2010 G. COMMITTEE MEETINGS Academic Affairs Committee Health Affairs Committee Board/Committee Meetings 8:00 a.m. 9:30 a.m. Page H. I. J. RECONVENE THE BOARD IN OPEN SESSION APPROVAL OF MINUTES CONSIDER AGENDA ITEMS 1. U. T. System Board of Regents: Proposed appointments of Former Regent John W. Barnhill, Jr., as Regental Representative to U. T. Austin Intercollegiate Athletics Council for Men and Ambassador Pamela P. Willeford to the Intercollegiate Athletics Council for Women effective September 1, :30 a.m. 10:35 a.m. Action 2 2. U. T. System: Discussion and appropriate action regarding personnel aspects of the U. T. System Administration operating budget for Fiscal Year U. T. System: Approval of the nonpersonnel aspects of the operating budgets for Fiscal Year 2011, including the Permanent University Fund Bond Proceeds allocation for Library, Equipment, Repair and Rehabilitation projects, allocation for the Science and Technology Acquisition and Retention (STARs) program, and allocation of Available University Fund and Permanent University Fund Bond Proceeds for targeted strategic priorities within the U. T. System 4. U. T. System: Approval of $5 million of Available University Funds each year for three years for faculty recruitment at U. T. Austin 5. U. T. System: Approval of $4 million of Available University Funds to support U. T. System Administration s Transformation in Medical Education initiative 6. U. T. System: Allocation of $25 million of Permanent University Fund Bond Proceeds for Fire and Life Safety projects for U. T. Austin and U. T. Health Science Center San Antonio 10:40 a.m. Action Vice Chairman Foster Regent Hicks 10:50 a.m. Action Chancellor Cigarroa 11:10 a.m. Action Dr. Prior 11:15 a.m. Action Dr. Shine 11:20 a.m. Action Dr. Kelley U. T. System: Report on the State of the System 11:25 a.m. Report Chancellor Cigarroa U. T. System: Preparations for the 82nd Legislative Session 11:40 a.m. Report Mr. McBee 12 iii

4 Thursday, August 12, 2010 (continued) K. RECESS FOR MEETINGS OF THE STANDING COMMITTEES AND COMMITTEE REPORTS TO THE BOARD Board/Committee Meetings 11:55 a.m. L. RECONVENE AS A COMMITTEE OF THE WHOLE TO ADJOURN 12:15 p.m. iv

5 AUGUST 11, 2010 U. T. System Board of Regents: Announcement of recipients for the Regents' Outstanding Teaching Awards and remarks by representative faculty REPORT The Board of Regents of The University of Texas System places the highest priority on undergraduate teaching at U. T. System universities and encourages teaching excellence by recognizing those faculty who deliver the highest quality of undergraduate instruction, demonstrate their commitment to teaching, and have a history and promising future of sustained excellence with undergraduate teaching in the classroom, in the laboratory, in the field, or online. On August 14, 2008, the Regents established the Regents' Outstanding Teaching Awards, which are a symbol of the importance the Board places on the provision of teaching and learning of the highest order, in recognition of those who serve students in an exemplary manner, and as an incentive for others who aspire to such service. These teaching awards complement existing ways in which faculty excellence is recognized and incentivized. The Board allocated $2 million per annum for five years, beginning FY 2009, for teaching awards. The Board allocated $1 million per year for the awards for U. T. Austin and another $1 million per year for the remaining academic institutions. Program details for the awards were approved by the Board of Regents on November 13, 2008, and involve one-time payments to individual faculty ranging from 20 awards of $30,000 each for tenured faculty, nine awards of $25,000 each for tenure-track faculty upon receiving tenure, and nine awards of $15,000 each for contingent faculty (including adjuncts, lecturers, and instructional assistants). At the meeting, Chancellor Cigarroa will announce the 2010 recipients of the Regents' Outstanding Teaching Awards. The faculty members presenting at the meeting will be Dr. Eric Anslyn, Norman Hackerman Professor in Chemistry and Distinguished Teaching Professor from U. T. Austin; Dr. Blake Bextine, Associate Professor in Biology from U. T. Tyler; and Dr. Jane Himarios, Senior Lecturer in Economics from U. T. Arlington. 1

6 AUGUST 12, U. T. System Board of Regents: Proposed appointments of Former Regent John W. Barnhill, Jr., as Regental Representative to U. T. Austin Intercollegiate Athletics Council for Men and Ambassador Pamela P. Willeford to the Intercollegiate Athletics Council for Women effective September 1, 2010 RECOMMENDATION Chairman McHugh recommends that Former Regent John W. Barnhill, Jr., be appointed as Regental representative to the U. T. Austin Intercollegiate Athletics Council for Men and that Ambassador Pamela P. Willeford be appointed as Regental Representative to the Intercollegiate Athletics Council for Women, each for a four-year term beginning September 1, The terms of George Willeford III, M.D., on the Intercollegiate Athletics Council for Men and Ms. Sylvie P. Crum on the Intercollegiate Athletics Council for Women will expire on August 31, BACKGROUND INFORMATION The U. T. Austin Intercollegiate Athletics Councils are each a nine member advisory group composed of a student, an ex-student, two Regental appointees, and five members of the University General Faculty. The Regental appointments are for fouryear staggered terms. Former Regent John W. Barnhill, Jr., served on the U. T. System Board of Regents from November 2003 to April He served as Chairman of the Board's Academic Affairs and Facilities Planning and Construction Committees. He also served as President of the Texas Ex-Students' Association (Texas Exes) from The Honorable Pamela P. Willeford served as U.S. Ambassador to Switzerland and to the Principality of Liechtenstein from She also served as Chairman of the Texas Higher Education Coordinating Board from and as President of the Texas Exes from

7 2. U. T. System: Discussion and appropriate action regarding personnel aspects of the U. T. System Administration operating budget for Fiscal Year 2011 RECOMMENDATION Vice Chairman Foster and Regent Hicks will report on their review of the individual personnel aspects of the U. T. System Administration operating budget for Fiscal Year BACKGROUND INFORMATION On April 13, 2009, Chairman Huffines appointed Vice Chairman Foster and Regent Hicks to act as liaisons to Chancellor Cigarroa as he reviewed and addressed issues related to the proposed University of Texas System budget to determine if the budget was appropriately right-sized in light of the current economic environment. Vice Chairman Foster and Regent Hicks have reviewed the budget and will report to the Board. 3. U. T. System: Approval of the nonpersonnel aspects of the operating budgets for Fiscal Year 2011, including the Permanent University Fund Bond Proceeds allocation for Library, Equipment, Repair and Rehabilitation projects, allocation for the Science and Technology Acquisition and Retention (STARs) program, and allocation of Available University Fund and Permanent University Fund Bond Proceeds for targeted strategic priorities within the U. T. System RECOMMENDATION The Chancellor, with the concurrence of the Executive Vice Chancellor for Academic Affairs, the Executive Vice Chancellor for Business Affairs, the Executive Vice Chancellor for Health Affairs, and the presidents of the U. T. System institutions, recommends that the nonpersonnel aspects of the U. T. System Operating Budgets for Fiscal Year 2011, including Auxiliary Enterprises, Grants and Contracts, Designated Funds, Restricted Current Funds, and Medical, Dental, and Allied Health Faculty Services, Research and Development Plans, be approved. It is further recommended that the Chancellor be authorized to make editorial corrections therein and that subsequent adjustments be reported to the U. T. System Board of Regents through the Docket. 3

8 Chancellor Cigarroa will present the recommended Fiscal Year 2011 Operating Budget including the Library, Equipment, Repair and Rehabilitation (LERR) Budget; the allocation of the Science and Technology Acquisition and Retention (STARs) program; and special allocations of Available University Funds (AUF) and Permanent University Funds (PUF) to fund strategic priorities within the U. T. System. It is requested that PUF Bond Proceeds in the amount of $30 million be appropriated directly to the institutions to fund LERR projects for Fiscal Year This would authorize the purchase of approved equipment items and library materials and the contracting for repair and rehabilitation projects following standard purchasing and contracting procedures within approved dollar limits. Substitute equipment purchases or repair and rehabilitation projects are to receive prior approval by the Chancellor, the appropriate Executive Vice Chancellor, and, where required, the U. T. System Board of Regents. Transfers by U. T. System Administration of allocated funds to institutional control or to vendors will coincide with vendor payment requirements. Final approval of specific repair and rehabilitation projects will be in accordance with procedures for construction projects established by the U. T. System Board of Regents. It is also requested that $20 million of PUF Bond Proceeds be appropriated to provide additional funding to build and enhance research infrastructure to attract and retain the best qualified faculty known as the Faculty STARs program. Through a competitive proposal process determined by U. T. System Administration, funds will be distributed for the purpose of recruiting top researchers. It is recommended that LERR appropriations not expended within 36 months after the date of the award be available for future U. T. Systemwide reallocation. It is further recommended that Faculty STARs appropriations not expended within 36 months from the time the faculty member arrives on campus be available for future U. T. Systemwide reallocation. In addition, it is recommended $61 million of AUF and $55 million of PUF Bond Proceeds be authorized for strategic priorities within the U. T. System. The AUF allocation is recommended as follows: $13 million a year for three years to U. T. Austin for excellence funding $15 million of AUF to support implementation of a single instance PeopleSoft HR/Finance system at eight academic institutions $5 million for a shared library storage facility for The University of Texas System libraries and The Texas A&M University System libraries $2 million for marketing/transition money for launching the Baccalaureate Accelerated Completion Program 4

9 The PUF Bond Proceeds allocation is recommended as follows: $30 million for the U. T. Austin Engineering Education and Research Center subject to a 2 for 1 fundraising match where $2 of gifts raised will be matched by $1 of PUF $15 million of PUF for additional STARs recruitment for the U. T. System health institutions. This $15 million must be awarded within 24 months after which any uncommitted dollars will lapse. $10 million of PUF funds to continue and extend the U. T. System Research Incentive Program through December 31, 2011, to benefit the U. T. System's four emerging research universities subject to the same matching requirements approved by the Board on October 12, BACKGROUND INFORMATION A supplemental volume of the budget materials titled "Operating Budget Summaries and Reserve Allocations for Library, Equipment, Repair and Rehabilitation" is enclosed in the front pocket of the Agenda Book for members of the Board and will be available at the meeting upon request. See the Executive Session item related to the personnel aspects of the U. T. System Operating Budgets (Item 4b on Table of Contents Page ii for Meeting of the Board). The appropriation of PUF Bond Proceeds will be presented in the Fiscal Year 2011 LERR Budget. The allocation of these LERR funds to the U. T. System institutions was developed from prioritized lists of projects submitted by the institutions and reviewed by U. T. System Administration staff. In accordance with the Article VII, Section 18 of the Texas Constitution, PUF Bond Proceeds may only be used for the purpose of acquiring land either with or without permanent improvements, constructing and equipping buildings or other permanent improvements, major repair and rehabilitation of buildings and other permanent improvements, acquiring capital equipment, and library books and library materials. As required by the AUF Spending Policy, a forecast of revenues and expenses of the AUF for seven years, including the above allocation has been prepared and is provided on Page 6. The additional appropriation of PUF Bond Proceeds for this allocation is within the policy as shown in the forecast. 5

10 The University of Texas System PUF Debt Capacity Additional PUF Debt Capacity $80.2 $68.6 $101.2 $110.0 $110.0 $110.0 Cumulative PUF Debt Capacity $80.2 $148.8 $250.0 $360.0 $470.0 $580.0 Available University Fund Operating Actual Actual Projected Statement Forecast Data ($ Millions) FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 PUF Distribution Amount $448.9 $530.9 $516.4 $506.4 $487.8 $531.6 $535.8 $562.9 $591.0 Surface & Other Income Divisible Income UT System Share (2/3) AUF Interest Income Income Available to U.T TRANSFERS: UT Austin Excellence Funds (45%) (142.5) (165.3) (167.7) (157.7) (152.4) (179.2) (168.0) (176.8) (185.7) PUF Debt Service * (98.8) (101.5) (113.0) (158.2) (136.4) (153.2) (167.1) (181.1) (195.0) System Administration (34.2) (35.4) (33.0) (31.4) (32.3) (33.3) (34.3) (35.3) (36.4) Other ** (44.3) (6.3) (109.2) (3.1) (3.1) (3.1) (1.1) (1.1) (1.1) Net Surplus/(Deficit) (64.8) (1.4) (5.5) Ending AUF Balance - System PUF Debt Service Coverage 3.24:1 3.67:1 3.17:1 3.27:1 2.48:1 2.41:1 2.23:1 2.17:1 2.12:1 Unused Constitutional Limit * Includes debt service on outstanding PUF debt, projected debt service on PUF debt authorized, but unissued plus $50 million of annual LERR/STARs funding, $15 million of PUF debt for Rising Stars (FY 2011), $10 million of PUF debt to match fund raising at four emerging research universities, $30 million of PUF debt for U.T. Austin Engineering Building (FY 2012), $25 million of PUF debt for high-priority fire and life safety projects (FY ) and projected debt service on additional PUF debt capacity amounts listed above. PUF debt service for FY 2011 includes $51 million to retire outstanding PUF debt. ** Other for FY 2010 includes $1.06 million for IT Network Bandwidth/Office of Telecommunications, $2 million for the Center for Technology Commercialization (FY 2009 and FY 2010), $1 million for Regents Outstanding Teaching Awards, $6.1 million for the Systemwide Microsoft license, $5 million to U.T. Austin for faculty recruitment, $14 million to U.T. Austin for the support of excellence (FY 2012 and FY 2013), $54 million to U.T. Austin ($13 million per year for excellence funding and $5 million for faculty recruitment both over FY FY 2013), $15 million for PeopleSoft HR/Finance, $5 million for joint library storage facility, $2 million for baccalaureate completion program, and $4 million for Transformation in Medical Education initiative. Office of Finance July 28, 2010

11 4. U. T. System: Approval of $5 million of Available University Funds each year for three years for faculty recruitment at U. T. Austin RECOMMENDATION The Chancellor concurs in the recommendation of the Executive Vice Chancellor for Academic Affairs, the Executive Vice Chancellor for Business Affairs, and President Powers that the U. T. System Board of Regents approve the provision of $5 million of Available University Funds (AUF) each year for three years to match external contributions on a one-to-one basis targeted towards recruitment of faculty at U. T. Austin. These funds must be used to bring outstanding faculty to U. T. Austin who can contribute to the continued development of preeminence in fields designated as high priorities by the institution. BACKGROUND INFORMATION There is a shared objective across the U. T. System to continue to seek ways to support developing excellence at U. T. Austin. Recruitment of nationally and internationally recognized faculty is an essential component of these endeavors. U. T. Austin has identified specific priority areas for research and teaching and it is intended that the proposed funds be directed to these fields. The requirement for external matching funds is to enable donors with specific interests in the University to contribute towards excellence. 5. U. T. System: Approval of $4 million of Available University Funds to support U. T. System Administration's Transformation in Medical Education initiative RECOMMENDATION The Chancellor concurs in the recommendation of the Executive Vice Chancellor for Health Affairs and the Executive Vice Chancellor for Business Affairs that the U. T. System Board of Regents approve $4 million from the Available University Fund (AUF) to support U. T. System Administration's Transformation in Medical Education (TIME) initiative. BACKGROUND INFORMATION With the support of the presidents of the U. T. System health institutions, a working group of faculty physicians from both general academic and health-related institutions established a steering committee in 2010 to examine the potential for transforming medical education to address challenges in physician education, including duplication of undergraduate and graduate courses, duration of curriculum, and expense. Chaired by 7

12 Dr. Steven Lieberman, Vice Dean for Academic Affairs at U. T. Medical Branch Galveston, and Dr. Pedro Reyes, Associate Vice Chancellor for Academic Planning and Assessment at U. T. System, the steering committee launched the TIME initiative by hosting a series of meetings with 12 of the 15 U. T. System academic and health institutions that offer pre-medical or medical education. Recommendations for necessary innovations in medical education were developed and discussed at a workshop that included participation from seven academic campuses and five health campuses, the Board of Medical Examiners, the Texas Higher Education Coordinating Board, the Association of American Medical Colleges, and the author of a recently released study on medical school and residency education from the Carnegie Foundation for the Advancement of Teaching. The shared objectives and combined efforts of the steering committee and contributing participants focused on three programmatic areas considered necessary to transform medical education: (1) development of undergraduate pre-health professions programs for students in a variety of health-related fields; (2) implementation of competency-based advancement and degree completion rather than time-based program completion; and (3) combination of condensed classroom education with opportunities for personal and professional maturation afforded by a well-rounded liberal arts education and real life experiences in community leadership roles. Separate subcommittees of the steering committee will work on each of the programmatic areas. The $4 million in AUF funding will allow the U. T. System to issue requests for proposals to design, develop, and implement pilot and demonstration projects on behalf of the participating U. T. System institutions, with an emphasis on program efforts that include a sufficient number of students in a pilot to allow subsequent evaluation of program outcomes. The steering committee will review responses to the requests for proposals and, if approved by the Executive Vice Chancellor for Health Affairs, funding will be awarded for two to three year periods. An annual progress report would be made to the U. T. System Health Affairs Committee. 8

13 6. U. T. System: Allocation of $25 million of Permanent University Fund Bond Proceeds for Fire and Life Safety projects for U. T. Austin and U. T. Health Science Center San Antonio RECOMMENDATION The Chancellor concurs with the Executive Vice Chancellor for Academic Affairs, the Executive Vice Chancellor for Health Affairs, and the Executive Vice Chancellor for Business Affairs that the U. T. System Board of Regents approve the allocation of $25 million of Permanent University Fund (PUF) Bond Proceeds for fire and life safety capital projects at U. T. Austin and U. T. Health Science Center San Antonio. The recommended PUF allocation for the fire and life safety projects is $10,000,000 for U. T. Austin and $15,000,000 for U. T. Health Science Center San Antonio as set out below: Project Cost Breakdown in $ millions by Fiscal Year CAMPUS PUF FY11 PUF FY12 PUF FY13 TOTAL UT AUSTIN UTHSC SAN ANTONIO TOTALS BACKGROUND INFORMATION The total project cost of the fire and life safety projects at the two institutions is currently estimated at approximately $66,800,000 as reflected on Table 1 on Page 11. The balance of the project funding will be supplemented by campus funds over the next five years and will be brought back to the Board for approval of the total project cost for each project including identified funding sources and approval of amendments to the FY Capital Improvement Program (CIP). A forecast of revenues and expenses of the Available University Fund (AUF) for seven years, including the above allocation, has been prepared and is reflected on Page 6. The appropriation of $25,000,000 of PUF Bond Proceeds is incorporated into the forecast. 9

14 As of July 1, 2010, the U. T. System's Constitutional debt capacity for the PUF was $483 million. The debt capacity is calculated as 20% of the cost value of the PUF endowment less PUF debt outstanding. Currently, the U. T. System has $408 million of PUF debt authorized but unissued. 10

15 PUF Plus LEER Summary FLS Action Plan Table PUF 3 YR 3 YR PUF Post FY 14 Post FY 15 Post FY 16 Post Campus High Med/Low Total PUF PUF PUF PUF LEER + + Campus 3-YR Plan FY 14 Plan FY 15 Plan FY 16 Priority Priority FY11 FY11 FY12 FY13 Campus + LEER FLS FLS FLS FLS UT ARLINGTON UT AUSTIN UT BROWNSVILLE UT DALLAS UT EL PASO UT PAN AMERICAN UT PERMIAN BASIN UT SAN ANTONIO UT TYLER TOTAL ACADEMIC UT SOUTHWESTERN MC UT MB GALVESTON UT HSC HOUSTON UT HSC SAN ANTONIO UT M.D. ANDERSON CC UT HSC TYLER TOTAL HEALTH SYSTEM ADMINISTRATION TOTAL SYSTEM

16 7. U. T. System: Report on the State of the System REPORT Chancellor Cigarroa will report on the State of the U. T. System. 8. U. T. System: Preparations for the 82nd Legislative Session REPORT Mr. Barry McBee, Vice Chancellor for Governmental Relations, will briefly update the Board on the status of U. T. System preparations for the 82nd Regular Legislative Session, including a summary of the U. T. System's and institutions' budget requests, proposals affecting higher education that the Legislature may consider, and the major budgetary and substantive issues facing the Legislature. 12

17 TABLE OF CONTENTS FOR AUDIT, COMPLIANCE, AND MANAGEMENT REVIEW COMMITTEE Committee Meeting: 8/11/2010 R. Steven Hicks, Chairman Paul L. Foster Janiece Longoria Robert L. Stillwell Board Meeting: 8/12/2010 Austin, Texas Committee Meeting A. CONVENE 10:30 a.m. Chairman Hicks Board Meeting Page B. CONSIDER AGENDA ITEMS 1. U. T. System Board of Regents: Approval to hire external auditor to provide financial auditing services for Fiscal Year :30 a.m. Action Chairman Hicks Mr. Chaffin Action U. T. System: Report on the internal audit plan for the Fiscal Year 2010 U. T. System Consolidated Annual Financial Report 10:40 a.m. Report Mr. Chaffin Not on Agenda U. T. System: Report on the Systemwide internal audit activities, including the status of the State Auditor's Office issued State Single Audit Reports; and Internal Audit Department report for U. T. Austin 4. U. T. System: Report on the Systemwide annual audit plan process 10:45 a.m. Report Mr. Michael Vandervort, U. T. Austin Mr. Chaffin 10:55 a.m. Report Mr. Chaffin Not on Agenda Not on Agenda U. T. System: Report on the use of technology to enhance medical billing compliance at U. T. health institutions 11:00 a.m. Report Mr. Plutko Dr. Wolf Not on Agenda U. T. System: Report on Inter-University Compliance Consortium 11:10 a.m. Report Mr. Plutko Not on Agenda 46 i

18 C. RECESS TO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, CHAPTER :20 a.m. Personnel matters relating to appointment, employment, evaluation, assignment, duties, discipline, or dismissal of officers or employees - Section U. T. System: 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 D. RECONVENE IN OPEN SESSION TO CONSIDER ACTION, IF ANY, ON EXECUTIVE SESSION ITEM AND ADJOURN Mr. Michael Vandervort, U. T. Austin Mr. Chaffin Mr. Plutko 11:30 a.m. ii

19 1. U. T. System Board of Regents: Approval to hire external auditor to provide financial auditing services for Fiscal Year 2011 RECOMMENDATION The Audit, Compliance, and Management Review (ACMR) Committee will discuss the proposals submitted from one or more external audit firms to provide independent auditing services for the audit of the U. T. System, U. T. M. D. Anderson Cancer Center, and The University of Texas Investment Management Company (UTIMCO) financial statements for Fiscal Year At the meeting on August 11, 2010, a recommendation will be made by Committee Chairman Hicks regarding a firm(s) to provide the services. Approval is requested from the U. T. System Board of Regents (Board) for the audit option determined to be most beneficial to U. T. System as will be recommended by Regent Hicks. In addition, if a firm(s) is selected, approval is requested from the Board for U. T. System staff to negotiate and enter into an auditing services contract with the selected firm(s). The first year of the contract will terminate on March 31, 2012, and there will be an option to renew for four additional one-year terms. BACKGROUND INFORMATION On August 13, 2008, the ACMR Committee agreed that the question of hiring an independent financial auditor should be revisited at each August meeting of the Committee. On August 19, 2009, the ACMR Committee and the Board approved implementing a process to solicit proposals for the performance of an independent external audit of the U. T. System financial statements for Fiscal Year As requested by the ACMR Committee, a Request for Qualifications was issued by the U. T. System on April 1, A pre-proposal conference was held on April 12, 2010, with eight firms attending. Written proposals from interested firms were due to U. T. System on May 17, Oral presentations and firm interviews were held on June 8-11, 2010, to allow the Committee members an opportunity to further evaluate the following participating firms: Deloitte & Touche; Grant Thornton; PricewaterhouseCoopers; and Weaver. 13

20 2. U. T. System: Report on the internal audit plan for the Fiscal Year 2010 U. T. System Consolidated Annual Financial Report REPORT Mr. Charles Chaffin, Chief Audit Executive, will present the plan for conducting the Fiscal Year 2010 U. T. System Consolidated Annual Financial Report audit including the background, an audit overview, objectives, and approach and methodology for the audit as set forth on Page 15. BACKGROUND INFORMATION On November 13, 2003, the U. T. System Board of Regents (Board) approved an initiative to implement the "spirit" of the Sarbanes-Oxley Act as a good faith effort toward manifesting financial accountability and compliance in the public sector. As a result, in June 2004, the Board sought proposals for a comprehensive annual financial statement audit by an independent certified public accounting firm to obtain assurance that U. T. System has a sound financial base and adequate resources to support the mission of the organization and the scope of its programs and services. A contract with Deloitte & Touche, LLP, was negotiated to provide an audit of the U. T. System Consolidated Financial Statements for the fiscal year ended August 31, The contract was renewed on March 28, 2006, to provide the same audit for the fiscal year ended August 31, On April 16, 2007, the Board voted not to renew the contract for the fiscal year ended August 31, 2007, but expressed confidence in the financial audit work that could be performed by the institutional and U. T. System Administration auditors. As a result of that decision, the U. T. System Audit Office put together a plan to oversee and coordinate the internal audit of the U. T. System Consolidated Financial Statements for Fiscal Years 2007, 2008, and The U. T. System Audit Office will conduct this process again for the internal audit of the Fiscal Year 2010 U. T. System Consolidated Financial Statements. On August 13, 2008, members of the Audit, Compliance, and Management Review (ACMR) Committee agreed that they should revisit the question of hiring an independent financial auditor at each August meeting. At the August 19-20, 2009 meeting, the ACMR Committee and the Board approved implementing a process to solicit proposals for the performance of an independent external audit of the U. T. System financial statements for Fiscal Year

21 The University of Texas System U. T. System FY 2010 Consolidated Annual Financial Report Audit Internal Audit Plan Overview The internal audit of the FY 2010 financial statements will be coordinated by the U. T. System Audit Office. Financial statements of the UTIMCO funds and U. T. M. D. Anderson Cancer Center will be audited by external auditors. Audit Objectives The objective of this engagement is to perform risk-based internal audits of the U. T. System Administration and U. T. institutional financial statements and related footnote information to determine whether they are materially accurate. In addition, the U. T. System Audit Office will conduct an internal audit of the process used to prepare the U. T. System Consolidated Annual Financial Report and related footnotes. The audit results for the individual institutions will be reported to the respective institutional executive management and internal audit committee members. Summarized audit results will be reported to the Audit, Compliance, and Management Review Committee of the U. T. System Board of Regents at their meeting in February Audit Approach & Methodology The U. T. System Audit Office and institutional internal auditors will use the following general audit approach and methodology: Test the higher-risk and larger dollar items (with an emphasis on the balance sheet) to identify and report potential material misstatements to the financial statements. If changes have been made since prior year, test key controls over the major financial line items to identify and report potential internal control deficiencies. Perform analytical procedures at year end to ensure the reasonableness of financial statement line items. Obtain an understanding of how information will flow from the institutional accounting systems to the new Financial Consolidating Reporting System (FCRS) and test the accuracy of the automated consolidated financial statements that FCRS generates. Review the consolidation of institutional financial information to ensure appropriate reporting to the State. Coordinate with internal auditors to understand the impact of any potential adjustments to the U. T. System Consolidated Financial Statements. Internal Audit Hours Approximately 19,500 hours or 15% of the U. T. Systemwide annual audit plan resources were spent on the FY 2009 financial audit work. The budget for the FY 2010 financial audit work is estimated to be a reduction of 10% from the previous year s actual hours expended. 15

22 3. U. T. System: Report on the Systemwide internal audit activities, including the status of the State Auditor's Office issued State Single Audit Reports; and Internal Audit Department report for U. T. Austin REPORT Mr. Michael Vandervort, Internal Audit Director, U. T. Austin, will report on the recent external quality assurance review of U. T. Austin's internal audit department, using a PowerPoint presentation set forth on Pages Mr. Charles Chaffin, Chief Audit Executive, will report on the implementation status of the recommendations made in the State Auditor's Office State of Texas Federal and Financial Portion of the Statewide Single Audit Reports (State Single Audit Reports) for Fiscal Year Mr. Chaffin will also report on the implementation status of significant audit recommendations. The third quarter activity report on the Implementation Status of Outstanding Significant Findings/Recommendations is set forth on Pages Satisfactory progress is being made on the implementation of all significant recommendations. Additionally, a list of other audit reports issued by the Systemwide audit program is on Page 29. The annual internal audit plan status as of May 31, 2010, follows on Page 30. BACKGROUND INFORMATION Significant audit findings/recommendations are tracked by the U. T. System Audit Office. Quarterly, chief business officers provide the status of implementation, which is reviewed by the internal audit directors. A quarterly summary report is provided to the Audit, Compliance, and Management Review Committee of the U. T. System Board of Regents. Additionally, Committee members receive a detailed summary of new significant findings and related recommendations quarterly. 16

23 17 1

24 Mr. Mike Vandervort, Director Office of Internal Audits 18 U. T. System Board of Regents Meeting Audit, Compliance, and Management Review Committee August

25 19 MEMBERS Internal Audit Committee President William Powers University it President, Committee Chair Dr. Charles Roeckle Deputy to the President Dr. Steven Leslie Executive Vice President and Provost Dr. Patricia Clubb Vice President for University Operations Dr. Patricia Ohlendorf Vice President for Legal Affairs Dr. Juan González Vice President for Student Affairs Dr. Juan Sanchez Vice President for Research Mr. Kevin Hegarty Vice President and Chief Financial Officer Mr. Rudolph Green Director of University it Compliance Services Mr. Glenn Friedrich Associate Vice President and Controller Mr. Frank Maresh External member Committee meets quarterly with last meeting held on June 30,

26 20 Internal Audit Department Staffing Mike Vandervort Director Kelton Green Associate Director Chris Taylor Audit Supervisor Cecilia Tankersley IT Audit Supervisor Kathey Mitchell Audit Supervisor Karl Stephenson Auditor III William Koenig Auditor III Tod Maxwell IT Auditor Brandon Morales IT Auditor Brenda Guerrero Auditor II Alicia de la Garza Auditor I Jaanki Jeevan Auditor I Jessica Pinto Administrative Associate Average of 35 reports issued per year 4

27 Internal Audit Reporting Structure Director reports to the U. T. Austin president and has monthly meetings 21 Director has weekly meetings with the deputy to the president Director maintains communication with director of university compliance services The Internal Audit Committee includes executive management (quarterly meetings) 5

28 High Risk Areas Audited in FY Research and Development Human Resource Management Financial Management Information Technology Auxiliary and Service Departments 6

29 External Quality Assurance Review Most recent external quality assurance review (QAR) was performed in April Review team included the following internal audit directors: Allison Horn, Colorado State University System Tom Luccock, Michigan State University Ken Schroeder, U. T. Arlington 7

30 External Quality Assurance Review (cont.) 24 QAR encompassed procedures, including: Review of self-assessment materials, audit workpapers and reports, client surveys and previous QAR reports Interviews with members of the audit committee, executive management and U. T. System Audit Office Comparison of audit practices with the auditing standards U. T. Austin Office of Internal Audits was found to generally conform with the auditing standards, which is the highest rating 8

31 External Quality Assurance Review (cont.) 25 QAR recommendations: Ensure supervisory review of engagements is documented Develop a succession plan for senior managers in the Office of Internal Audits and communicate this plan to senior management 9

32 Career Development 26 The Director has a philosophy of providing the internal audit staff with opportunities to move into leadership positions within the university. This practice of training internal audit staff with the skills needed to move into mid-level and higher management positions has been well received by executive management. Placing competent and experienced staff who understand the importance and implementation of internal controls in the university s operations enhances the overall control environment. 10

33 THE UNIVERSITY OF TEXAS SYSTEM Implementation Status of Outstanding Significant Findings/Recommendations U. T. SYSTEM AUDIT 2nd Quarter rd Quarter 2010 Report Date Institution Audit Ranking # of Significant Findings Ranking # of Significant Findings Targeted Implementation Date Overall Progress Towards Completion (Note) UTARL System Security Audit 1 0 4/30/2010 Implemented UTARL Digital Research Data Audit 1 0 6/1/2010 Implemented UTARL Payment Card Industry Data Security Standard Audit 2 12/31/2010 Satisfactory UTAUS UTS163: Guidance on Effort Reporting Policies 1 0 5/17/2010 Implemented UTB UTS165: Protecting the Confidentiality and Integrity of Digital Research Data Follow Up 1 0 4/1/2010 Implemented UTD Unix 1 0 6/1/2010 Implemented UTEP Fiscal Year 2009 Annual Financial Report Audit /20/2009 Implemented UTEP Texas Administrative Code Chapter 202 Audit - Phase /31/2010 Satisfactory UTPB Monitoring Plan and Sub-Certification 1 8/31/2010 Satisfactory UTSA Banner User Access Audit (Security) /31/2010 Satisfactory UTSA Information Technology Change Management Audit 1 1 8/31/2010 Satisfactory UTSA Information Technology Asset Management Audit /30/2010 Satisfactory UTT Fiscal Year 2008 Annual Financial Report Audit /31/2010 Satisfactory UTT Cash Handling Procedures Audit 2 2 8/31/2010 Satisfactory UTT Department of Communications 1 1 8/31/2010 Satisfactory UTT Office of Sponsored Research Time and Effort 2 0 4/30/2010 Implemented UTT Endowed Scholarships 1 10/31/2010 Satisfactory UTT Texas Administrative Code Chapter 202 Audit 3 10/31/2010 Satisfactory UTT Department of Athletics 1 7/31/2010 Satisfactory UTSWMC - Dallas Physician Billing Compliance 1 1 7/16/2010 Satisfactory UTMB - Galveston Information Systems Change Management Process 2 2 8/31/2010 Satisfactory UTMB - Galveston Epic Application 1 1 8/31/2010 Satisfactory UTHSC - Houston Time and Effort Reporting 4 3 8/31/2010 Satisfactory UTHSC - Houston Personnel Management & Time Management System Controls 4 5/1/2011 Satisfactory UTHSC - San Antonio Cash Handling/Participant Reimbursement Accounts Audit 2 0 6/30/2010 Implemented UTHSC - San Antonio UT Medicine: Information Technology Review of Data Security 8 12/31/2010 Satisfactory UTMDACC - Houston Conflict of Interest 1 1 2/28/2010* Satisfactory UTMDACC - Houston Maintenance and Security of Biological Research Materials 1 1 8/31/2009 * Satisfactory UTMDACC - Houston Research Compliance Design Review 1 0 8/31/2010 Implemented UTMDACC - Houston Clinical Trial Research 1 1 8/31/2010 Satisfactory UTMDACC - Houston Wireless and Firewall Remote Access Security Assessment 4 3 8/31/2012 Satisfactory UTMDACC - Houston Review of Patch Management /30/2009 * Satisfactory UTMDACC - Houston Review of Performance and Capacity Monitoring 4 4 8/31/2009 * Satisfactory UTMDACC - Houston Review of Patient History Oracle Database Security 3 3 5/31/2009* Satisfactory UTMDACC - Houston Business Continuity Plan Review 1 1 2/28/2010* Satisfactory 2010/02 UTMDACC - Houston Information Security Organization Review 5 5 5/31/2010* Satisfactory UTMDACC - Houston Department of Chaplaincy and Pastoral Education 1 8/31/2010 Satisfactory UTSYS ADM Systemwide Financial Audit Fiscal Year /1/2010 Satisfactory UTSYS ADM UTIMCO Institutional Investment and Compliance Audits 1 1 8/31/2010 Satisfactory Totals Information Received from Internal Audit Directors and Chief Business Officers Consolidated by: System Audit Office June 2010

34 Report Date Institution THE UNIVERSITY OF TEXAS SYSTEM Implementation Status of Outstanding Significant Findings/Recommendations 2nd Quarter rd Quarter 2010 Audit Ranking # of Significant Findings Ranking # of Significant Findings Targeted Implementation Date Overall Progress Towards Completion (Note) STATE AUDITOR'S OFFICE AUDITS UTPA Financial Portion of the Statewide Single Audit Report for the Year Ended August 31, /30/2010 Satisfactory UTPA Federal Portion of the Statewide Single Audit Report for the Year Ended August 31, /31/2010 Satisfactory UTPB Southern Association of Colleges and Schools Financial Statement Review Fiscal Year /31/2010 Satisfactory UTPB Federal Portion of the Statewide Single Audit Report for the Year Ended August 31, /30/2010** Satisfactory UTSA Federal Portion of the Statewide Single Audit Report for the Year Ended August 31, /31/2009 Implemented UTSWMC - Dallas Campus Security Emergency Management Plans Audit 3 2 8/31/2010 Satisfactory UTSWMC - Dallas Financial Portion of the Statewide Single Audit Report for the Year Ended August 31, /30/2010*** Satisfactory UTHSC - Houston Financial Portion of the Statewide Single Audit Report for the Year Ended August 31, /31/2010 Implemented UTHSC - San Antonio Federal Portion of the Statewide Single Audit Report for the Year Ended August 31, /30/2009 Implemented UTMDACC - Houston Federal Portion of the Statewide Single Audit Report for the Year Ended August 31, /31/2010 Implemented UTSYS ADM Charity Care at Health-Related Institutions /31/2010 Satisfactory Totals Color Legend: Note: Either a new significant finding for which corrective action will be taken in the subsequent quarter or a previous significant finding for which no/limited progress was made towards implementation. Significant finding for which substantial progress towards implementation was made during the quarter that the significant finding was first reported. Significant finding for which substantial progress towards implementation was made during the quarter. Significant finding was appropriately implemented during the quarter and will no longer be tracked. Implemented - The Internal Audit Director deems the significant finding has been appropriately addressed/resolved and should no longer be tracked. Satisfactory - The Internal Audit Director deems that the significant finding is in the process of being addressed in a timely and appropriate manner. Unsatisfactory - The Internal Audit Director deems that the significant finding is not being addressed in a timely and appropriate manner. * Recommendation deemed to be implemented per management and awaiting verification and validation by internal audit. ** Institution is taking the necessary steps to implement recommendations and is awaiting validation of this by the State Auditor s Office. *** Awaiting updated implementation date from the institution. Information Received from Internal Audit Directors and Chief Business Officers Consolidated by: System Audit Office June 2010

35 OTHER U. T. SYSTEM AUDIT REPORTS RECEIVED BY SYSTEM AUDIT 3/2010 through 5/2010 Institution Audit UTARL UTS 166: Cash Management and Cash Handling Policy Audit UTARL Payment Card Industry Data Security Standard Audit UTAUS Blackboard UTAUS Change in Management - Construction Industry Institute UTAUS Change in Management - Department of Civil, Architectural, and Environmental Engineering UTAUS Change in Management - Department of Information, Risk, and Operations Management UTAUS Change in Management - Artificial Intelligence Laboratory UTAUS WebSpace UTD Computer Account Requests UTD Budget Office UTEP Teacher Education Department Change in Management UTEP University Restricted Research Fund Reporting UTEP School of Nursing Change in Management UTPB Texas Higher Education Coordinating Board Facilities Audit UTTY Business Continuity Plan UTSMC - Dallas American Recovery & Reinvestment Act Fund Transactions UTSMC - Dallas Governance Policies & Procedures UTSMC - Dallas Grants Management UTSMC - Dallas UTS 155: Policies & Procedures Regarding Southwestern School of Health Professions Faculty Service, Research, and Development Plan Business Operations UTSMC - Dallas Presidents Travel & Entertainment Expenses UTSMC - Dallas Ethics Objectives, Programs and Activities UTMB - Galveston "Clearing the Fog" Report: Current Compliance Review UTMB - Galveston Non-Traditional Information Technology Component Devices UTMB - Galveston Correctional Management Care Support of UTMB's Residency Programs UTMB - Galveston Share Plan Change in Management UTMB - Galveston Office of Catering & Special Events Change in Management UTMB - Galveston Office of Continuing Education Change in Management UTHSC - Houston Office of Academic Affairs Change in Management UTHSC - Houston Utility Billings UTHSC - Houston Oracle Databases UTHSC - Houston Open Recommendations Follow-up UTHSC - San Antonio UT Medicine: Information Technology Review of Data Security UTHSC - San Antonio Advanced Research Program Award UTMDACC - Houston Physicians Referral Service - Professional Service Agreements UTMDACC - Houston Institutional Review Board UTMDACC - Houston Department of Social Work UTHSC - Tyler Watson W. Wise Medical Research Library Audit UTSYS ADM System wide Huron Time & Effort Application UTSYS ADM UT Austin Jackson Estate UTSYS ADM Highmount Oil & Gas UTSYS ADM Office of Employee Benefits Payments to Insurance Vendors UTSYS ADM Office of Employee Benefits Dependent Eligibility UTSYS ADM Office of Employee Benefits Follow-up UTSYS ADM Office of the Director of Police Follow-up UTSYS ADM UT San Antonio President's Office UTSYS ADM Office of Strategic Management UTSYS ADM Texas Administrative Code 202 Follow-up UTSYS ADM Oil & Gas Follow-up UTSYS ADM Non Major Areas Follow-up STATE AUDITOR'S OFFICE AUDIT REPORTS RELEASED 3/2010 THROUGH 5/2010 Institution Audit Various UT institutions State of Texas Federal Portion of the Statewide Single Audit Report for the Year Ended August 31, 2009 Various UT institutions State of Texas Financial Portion of the Statewide Single Audit Report for the Year Ended August 31, 2009 UTSA, UTT, UTHSCH Southern Association of Colleges and Schools Financial Statement Review Fiscal Year 2009 Information Received from Internal Audit Directors Consolidated by: System Audit Office June