MEMORANDUM. (If desired the full report of Dr. Foxley and discussion by the Board can be accessed on the NSHE website under minute archives.

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1 Daniel J. Klaich Chancellor Nevada System of Higher Education 4300 S. Maryland Parkway 2601 Enterprise Road Las Vegas, NV Reno, NV Phone: Phone: Fax: Fax: MEMORANDUM DATE: December 10, 2014 TO: FROM: COPY: RE: NSHE Board of Regents Daniel J. Klaich, Chancellor Catherine Cortez-Masto Initial Salary Executive Vice Chancellor At your special meeting to be held on December 16, you will consider my recommendation for the initial salary placement for Catherine Cortez-Masto as Executive Vice Chancellor. My decision to hire Ms. Cortez-Masto has raised a number of questions, which I would like to address in this memorandum including: 1. The demonstrated need for the position; 2. The process followed for this hire; and 3. My salary recommendation THE DEMONSTRATED NEED FOR THE POSITION. The position of Executive Vice Chancellor was created by Chancellor Rogers. To my knowledge I was the first person to hold that title, being promoted to that position by Jim in September In the position I became Jim s right hand person handling a broad variety of tasks until July of 2009 when I was appointed Chancellor. The Executive Vice Chancellor position has remained vacant since that time. The Board of Regents was reminded of this vacancy during my periodic evaluation process in November 2011 and the report to the Board at its December 1-2, 2011 meeting. This deficiency was noted not only in the evaluation report prepared by Dr. Foxley, but was reiterated in the comments of the Regents. Possibly the most succinct summary, is contained in Dr. Foxley s report where she indicates: It was also suggested that the Chancellor should appoint a Deputy or Chief of Staff. The comment that Dan needs a Dan - referring to his previous position with the former Chancellor - was made several times, with the recognition that in a sense he is doing two full-time jobs. (If desired the full report of Dr. Foxley and discussion by the Board can be accessed on the NSHE website under minute archives.) (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 1 of 8

2 My first attempt to respond to the recommendation adopted by the Board was the hire and subsequent promotion of Vice Chancellor Renee Yackira. Renee was hired in October of 2011 and, attempting to be responsive to the Board direction, was promoted to Vice Chancellor of Administration and Operations in August I believe that Renee and I were just hitting our stride of working together as the Board envisioned when she was forced by illness to retire. I was back where I started. As her final assignment from me, I asked Renee to create a job description for her position and to chair the search for a replacement. She did both. THE PROCESS FOLLOWED FOR FILLING THE VACANCY. The position that Renee recommended and drafted for the search process was titled Chief of Staff and Special Counsel to the Chancellor. The position description and job announcement was finalized in October A search was conducted to fill the position from November 6, 2013, through January 30, The position was advertised on the NSHE website, in the Reno Gazette Journal, the Las Vegas Sun, with the Nevada Department of Employment, Training, and Rehabilitation, Higher Ed Jobs, and Career Builder. The duties of the position included, but were not be limited to, the following areas of responsibility: Act as special projects officer for the Chancellor at the will and direction of the Chancellor. Serve as the Chancellor s representative at various events and for various matters working with and directing on the Chancellor s behalf, as necessary, the Vice Chancellors, institutional Presidents and NSHE executive staff. Serve as chief operating officer for the Las Vegas System office on a day-to-day basis, which may include addressing employment law issues and making and implementing recommendations concerning investigations or resolution of various matters. Manage the general operation of the Las Vegas System Office of the Chancellor and coordinate with the Reno System Office to ensure consistency in policies and practices. Assist in the development and enforcement of administrative policies and procedures and advance the Chancellor and the Board s vision and direction of NSHE s strategic plan. Draft and interpret contacts and ensure compliance with policies and procedures. Assist in the construction of the Board of Regents agenda in conjunction with the Board staff and the Chancellor s Cabinet and advise the Board on policy matters from time-totime to include meetings and committees. Call and set the agenda for the Council of Presidents meetings and insure actions are implemented in a timely manner. Assist the Chancellor in establishing legislative, administrative and community strategy and maintaining those relationships, which may require attendance of sessions of the Legislature and its interim committees. Prepare and/or edit strategic communications, reports and proposals for the Chancellor as needed. Work closely with System Counsel to ensure clear and consistent application of applicable laws and Board of Regents policy at all NSHE institutions. Significant 2 (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 2 of 8

3 responsibility for all of these functions is delegated to the General Counsel at the respective institutions. Provide supervision to classified and professional System Administration employees located in the Las Vegas office. The search committee members included the Vice Chancellor of Administration and Operations Renee Yackira as the search Chair, Vice Chancellor for Legal Affairs Brooke Nielsen, Assistant Vice Chancellor for Government and Community Affairs Constance Brooks, the Manager of Public Information John Kuhlman, and Lori Mandracchio from NSHE Human Resources as the search coordinator. The successful candidate was required to have earned a Bachelor's degree from an accredited institution, a Juris Doctor (J.D.) degree, and a to have current membership in the Nevada Bar. A minimum of seven years progressive experience directly applicable to the position was required. Only 15 applicants met the advertised minimum requirements for the position. The committee met several times in December 2013 and January 2014 to further evaluate the candidates and narrow the pool based on a more in-depth review of the written applications. Successful candidates were also required to possess the following knowledge, skills and abilities below. Working knowledge of the Nevada Revised Statutes and various applicable federal and state laws, including employment laws and practices and administrative law. Understanding of State Legislative and budget processes and expectations, familiarity with executive and legislative branch leadership, and the political and economic environment and dynamics of the State of Nevada. Effective administrative and management skills; strong computer, written, oral and interpersonal communication skills. A high degree of organizational skills for multi-tasking and tracking of multiple projects simultaneously. Legal practice skills relating to contract drafting and interpretation, establishment and enforcement of policies and procedures, and internal investigations and employment law issues. Proven record of leadership ability in dealing with a variety of constituencies. The ability to relate to a diverse group and inspire cooperation among individuals and institutions to achieve a common goal. The ability to analyze issues and make quick decisions in a political environment. Ability to collaborate with other senior administrators to achieve positive, timely and workable results. Ability to clearly communicate complex ideas, mediate differences, run meetings of highly opinionated persons, make clear decisions and balance process versus need for certainty. After an in-depth review of the candidates and further evaluation of the requirements of the position by the committee, the search committee determined that none of the candidates 3 (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 3 of 8

4 possessed the knowledge, skills, abilities in combination with necessary education and experience required to successfully fulfill the duties and responsibilities of the position. The search failed to produce a successful candidate and as a result, the committee recommended that I close the search and review the duties, requirements, and title of the position before reposting or otherwise proceeding. I spent some time considering my options, including simply restarting the search and ultimately determined to attempt to recruit a candidate. After considering a number of candidates, and in consultation with Human Resources, and the officers of Board of Regents, I decided to approach Catherine Cortez-Masto. After a number of meetings and discussions over a period of months, she and I agreed upon terms and I suggested the former title I held, namely Executive Vice Chancellor for the position. The job description for the position agreed to between Ms. Cortez- Masto and me is attached as Appendix A, and is substantially identical to the earlier posted announcement for the failed search. A resume for Ms. Cortez-Masto is attached as Appendix B. MY RECOMMENDATION ON SALARY. The salary that I have recommended for the new Executive Vice Chancellor is the exact same salary that I was paid in the position when I left it in 2009, over five years ago. At that time I negotiated the salary with then Chancellor Rogers. He felt it was a fair salary from the point of view of the System. I agreed from the employee s standpoint that it was fair to me given the breadth of the job. That is still my opinion now that I am on the other side of the contract. The job is basically the same and therefore I believe the same compensation as previously approved by the Board is warranted. Ms. Cortez-Masto s experience is certainly extremely broad and deep as evidenced by her attached resume. 4 (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 4 of 8

5 Appendix A The Nevada System of Higher Education Position Description For Executive Vice Chancellor KNOWLEDGE, SKILLS, AND ABILITIES: Successful candidates must possess the following knowledge, skills and abilities. It is recommended that applicants for this position address each of the following items in their letter of application: Working knowledge of the Nevada Revised Statutes and various applicable federal and state laws, including employment laws and practices and administrative law Understanding of State Legislative and budget processes and expectations, familiarity with executive and legislative branch leadership, and the political and economic environment and dynamics of the State of Nevada Effective administrative and management skills; strong computer, written, oral and interpersonal communication skills A high degree of organizational skills for multi-tasking and tracking of multiple projects simultaneously Legal practice skills relating to contract drafting and interpretation, establishment and enforcement of policies and procedures, and internal investigations and employment law issues Proven record of leadership ability in dealing with a variety of constituencies The ability to relate to a diverse group and inspire cooperation among individuals and institutions to achieve a common goal The ability to analyze issues and make quick decisions in a political environment Ability to collaborate with other senior administrators to achieve positive, timely and workable results Ability to clearly communicate complex ideas, mediate differences, run meetings of highly opinionated persons, make clear decisions and balance process versus need for certainty RESPONSIBILITIES: The duties of this position will include, but not be limited to, the following areas of responsibility: Act as special projects officer for the Chancellor at the will and direction of the Chancellor Serve as the Chancellor s representative at various events and for various matters working with and directing on the Chancellor s behalf, as necessary, the Vice Chancellors, institutional Presidents and NSHE executive staff Serve as chief operating officer for the Las Vegas System office on a day-to-day basis, which may include addressing employment law issues and making and implementing recommendations concerning investigations or resolution of various matters Manage the general operation of the Las Vegas System Office of the Chancellor and coordinate with the Reno System Office to ensure consistency in policies and practices Assist in the development and enforcement of administrative policies and procedures and advance the Chancellor and the Board s vision and direction of NSHE s strategic plan Assist in the construction of the Board of Regents agenda in conjunction with the Board staff and the Chancellor s Cabinet and advise the Board on policy matters from time-to-time to include meetings and committees Attend meetings of the Council of Presidents and assist the Chancellor to insure actions are implemented in a timely manner Assist the Chancellor in establishing legislative, administrative and community strategy and maintaining those relationships, which may require attendance of sessions of the Legislature and its interim committees. Prepare and/or edit strategic communications, reports and proposals for the Chancellor as needed 5 (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 5 of 8

6 Appendix B Resume -Catherine Cortez-Masto Las Vegas, Nevada PROFESSIONAL EXPERIENCE Attorney General, State of Nevada January 2007 December 2014 Currently serve Nevada by advising and defending its institutions, enforcing laws for the protection and benefit of its citizens, ensuring open government and providing educational outreach. Provide executive oversight of the largest law firm in the state with 356 employees, including 147 attorneys and 51 investigators. Assistant County Manager, Clark County, Nevada January August 2005 Assisted the County Manager with executive oversight of the 14 th largest county in the country providing both regional and municipal-type services to 2 million residents and 40 million visitors per year. Worked with the judicial departments, public defenders, district attorneys, juvenile justice, coroner, family services, constables, Las Vegas Metropolitan Citizen Review Board and Las Vegas Metropolitan Police Department on fiscal management and administrative oversight. The legal and judicial departments accounted for 1/3 of the county's $4 billion annual budget. Assistant United States Attorney, U.S. Attorney's Office for the District of Columbia March November 2001 Represented the United States government on criminal matters in the superior courts and argued criminal appeals before the District of Columbia Court of Appeals. Chief of Staff, Governor Bob Miller, Nevada July January 1999 Chief policy, legislative and legal advisor to the Governor; supervised and managed an office staff of 22 individuals; provided oversight of 23 members of the Governor's cabinet responsible for managing and operating the executive branch agencies of the state. Executive Assistant, Governor Bob Miller, Nevada September July 1998 Supervised the southern Nevada office staff; managed intergovernmental affairs for various state agencies and commissions; assisted in the development of policy and legislative initiatives for the state; provided legal advice to the governor and chief of staff on challenges to state statutes, policies and programs; coordinated activities and functions for the Governor in southern Nevada. Associate Attorney, Raleigh, Hunt & McGarry, P.C., Las Vegas, Nevada November September (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 6 of 8

7 Practiced civil litigation in the areas of personal injury, insurance defense, corporate law, bankruptcy, environmental, contracts, and family law. Law Clerk, Eighth Judicial District Court, Las Vegas, Nevada Hon. Michael J. Wendell June July 1991 EDUCATION Gonzaga University School of Law Juris Doctorate Spokane, Washington Cum Laude 1990 University of Nevada, Reno Bachelor of Science, Finance 1986 ORGANIZATIONS / CONFERENCES Hunt-Kean Leadership Fellows Program Recently named as a member of the Hunt-Kean Leadership Fellows program, which seeks to partner with leaders who have the knowledge, skill, and will to be effective, reformminded education policymakers at the state level. The program intends to help leaders develop a deeply rooted vision for educational improvement. Conference of Western Attorneys General, Chair National Association of Attorneys General, Executive Committee Democratic Attorneys General Association, Chair National Council of La Raza, Co-Chair of Honorary Host Committee, Annual Conference 2012 Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography U.S. Delegation to the UN Committee on the Rights of the Child Geneva, Switzerland January 2013 Delegation member and speaker addressing efforts to combat sex trafficking and to prevent the exploitation of children in Nevada. Judicial Reform in Mexico: Why it s needed and where things stand Woodrow Wilson Center Mexico Institute Washington DC December 2012 Keynote speaker Fighting Organized Crime in Mexico by Reforming the Justice System Woodrow Wilson Center Mexico Institute Washington DC 7 (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 7 of 8

8 December 2012 Panelist on the role states play in supporting judicial reform in Mexico Money laundering Ties to Gambling Mar del Plata, Provincia de Buenos Aires, Argentina March 2011 Speaker on Nevada s regulations and oversight of casino style gaming. TRANSNATIONAL ORGANIZATIONS Conference of Western Attorneys General U.S. Mexico Alliance Partnership Present The CWAG Alliance Partnership is a cooperative program involving the Conference of Western Attorneys General (CWAG), Council of State Governments, National Association of Attorneys General (NAAG), the U.S. State Department s Bureau of International Narcotics and Law Enforcement Affairs (INL), the United States Agency for International Development (USAID) and other public and private entities aimed at strengthening the legal systems of both the United States and Mexico. CWAG Alliance Partnership projects focus on such initiatives as reinforcing court systems with greater efficiency and transparency; conducting training programs that promote a consistent application of Rule of Law disciplines, such as oral advocacy; and promoting collaboration among state attorneys general from both countries. Binational exchanges and workshops organized through CWAG, in conjunction with NAAG, Mexico s Federal Attorney General s Office, Mexico s National Conference of Attorneys General and Mexico state attorneys general, help establish and nurture cross-jurisdictional cooperation on many law enforcement issues, from consumer fraud and piracy to drug trafficking and money laundering. The ultimate goal is to ensure that law enforcement and judicial officials are able to work together in ways that apply a consistent Rule of Law focus across jurisdictions in U.S. and Mexican states. Hosted 47 Mexican prosecutors and investigators in Las Vegas for basic oral advocacy and forensic crime scene training October 2009 Trained 175 Mexican prosecutors from Carson City through live streaming distance learning February 2012 Participated in four binational exchanges with Mexico s National Conference of Attorneys General and Mexico state attorneys general. 8 (SPECIAL BOARD OF REGENTS 12/16/14 ) Ref. BOR-3b, Page 8 of 8