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November 23, 2009

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Policies intended to end regents’ conflicts

Monday, Dec. 2, 2002 | 11:10 a.m.

New policies proposed for the Nevada college system's Board of Regents attempt to clear the future of the types of ethical land mines that regents have stepped on lately.

A draft of the policies, released last week, spells out how board members should act and sets the limits of their powers. The new policies are intended to end questionable conduct that has stirred up controversy among the regents in recent months, officials said.

"The overall effect is that there is accountability for actions," Board Chairman Doug Seastrand said. "It just helps regents act responsibly without clipping the wings of regents, quite frankly."

Regents are to vote on the new policies during their Dec. 12 meeting at the University of Nevada, Las Vegas. At the same meeting, the board is to consider publicly reprimanding three regents for their recent conduct.

Regents Howard Rosenberg and Linda Howard are facing censure for alleged abuses of power. Rosenberg intervened in an employee issue while Howard looked at private student and faculty information -- in one case for personal rather than educational reasons. Both have denied that they abused their power.

Regent Mark Alden also is on Seastrand's list for proposed censure because on a local talk show Alden referred to Howard, who is black, as an orangutan.

Alden, who is due to have surgery soon for prostate cancer, said he is not focusing on the fact that he is being considered for a public reprimand.

"I can't even think about it," Alden said. "I've already issued a public apology. I am just trying to make it through this surgery."

The new policies attempt to address some of the problems that arose in the cases of the three regents.

To prevent a regent from abusing the authority to examine student and personnel files, for example, the new policy would require a regent to provide a written request for the files to either the college president or the chancellor.

The new policy mandates that the student or employee be notified prior to the inspection of the records and that another university official witness the regent's inspection of the files. Pertinent information developed from that perusal would have to be shared with all board members.

"I think in that kind of sunshine, regents will be very clear they are standing on a firm ground when they are looking at a file," Chancellor Jane Nichols said.

The proposed policy changes also include codes of ethics that deal more with conduct than procedure.

Regents would be bound to "treat all employees and students with respect ... never using that power to attempt to intimidate or influence employees or students to gain unwarranted privileges, advantages or preferences," for example.

Regents would be forbidden from selling equipment or products to an institution of higher education or from managing investment accounts for anyone within the system.

It was revealed in a memo obtained by the Sun on Wednesday that Alden, an accountant by trade, for several years did taxes for former UNLV men's basketball coach Bill Bayno. And former Regent Dorothy Gallagher's company, Gallagher Ford in Elko, sold two used vehicles to Great Basin College.

The proposed revisions also would allow action to be taken if a complaint about an ethical violation was filed. The code, as it is written now, is unclear and provides no forum for people to address grievances, Nichols said.

"This (proposed) code of ethics incorporates the language of the state Ethics Commission and I think also goes a step further," Nichols said. "This would be the standard they would be choosing to hold themselves to."

Regents will also be asked to consider whether they want to voluntarily file annual financial disclosure statements with the state, something they are not required to do by law because they are not paid to serve as regents.

Seastrand said he believes the new policy will be well received and give everybody a chance to move on.

"I think it makes it clearer to regents what their limits of power are," Seastrand said. "My hope is that this will clear things up and we will not have to deal with these issues after December."

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