University of Nebraska-Lincoln
4 August 1977
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By Steve Boeraer
Legislators and the Board of Regents are studying the
Nebraska Supreme Court ruling handed down last week
concerning governance of the University of Nebraska, but
they all seem to agree on one thing: it won't make that
much difference.
"The practical effect won't be that significant," said
Waverly Sen. Jerome Warner, chairman of the
legislature's Appropriations Committee.
In its July 27 decision, the state Supreme Court ruled
unanimously that the elected eight-member Board of
Regents was the sole governing body for the University of
Nebraska.
The court held that the legislature cannot, direct the
Board of Regents to spend the University's money, or limit
in any way their authority in governing the University.
Before last week's Supreme Court ruling, the
legislature had to appropriate or approve all of the money
given to the University from all sources before it could be
spent: state tax dollars, self-generated funds and gifts.
Both groups the regents and the legislature's
Appropriations Committee are now seeking clarification
of the ruling to see how it applies to budget appropriations.;.':-
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"As far as the relationship with the legislature, there is
no change," said Regent Kermit Hansen of Omaha. "It (the
ruling) is mainly a clarification of managerial capabilities
after appropriations are made."
"I don't see any change in the budget process," Hansen
said, because "the legislature still has the responsibility of
appropriation."
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Photo by Steve Boerner
Horses and riders make the last turn in a race at the new Nebraska State Fairgrounds racetrack. See page
three for photos and story.
The University will still be required to provide detailed
budget requests to the legislature in order for it to dole out
state tax money for the University budget, Hansen said.
"The Board of Regents has absolutely no role in budget
appropriations."
But, according to Hansen, the legislature no longer has
the right to specify how theUniversity uses the tax money
it appropriates.
"The legislature is still within its rights if it indicates
intent and purpose with any appropriation," he said. "But
the Board of Regents can treat this only as a recommen
dation and can spend appropriated money as it sees fit."
Sen. Warner said that appropriations methods, as a
result of the decision, are "unclear."
"We can still appropriate tax funds for specific
programs," Warner said. The directives may not be
binding upon the regents, "but they would generally be
followed," he added. "I wouldn't expect them to begin
programs that we didn't approve."
John Gourlay, general counsel for the University of
Nebraska, said he did not see any "drastic changes" as a
result of the ruling.
"The ruling indicates that the legislature has general
control over state tax monies, and the Board of Regents
has the right to spend self-generated funds (such as tuition
and student fees),"
"I know that sounds awfully vague, but that's where
we're at right now," Gourlay said. He indicated that the
ruling was under study by the Board of Regents. ,
Some concern had been voiced Friday at the Appropri
ations Committee meeting that the court decision may
create an adversary relationship between the legislature
and the Board of Regents.
Since the regents no longer have to follow the
legislature's directives in spending tax money, some
members felt that if the regents "improperly" spend funds
it may result in subsequent budget cuts from the
legislature.
Both Hansen and Warner disagreed with this analysis.
"The ruling does not place the University in any
adversary relationship with the Board of Regents or the
legislature," Hansen said.
From now on, he said, budget appropriations will have
to be worked out with the legislature, and responsibility ,
for spending University dollars will be placed squarely on
. the Board of Regents.
"The ruling gives the Board of Regents no additional
responsibility," Hansen said. "But it focuses responsibility
and accountability on us. Do we have on our staff all of the
expertise and ability that we need to carry that (budget
appropriations) out? Or have we been relying on the DAS
(Department of Administrative Services) ana state too
much?"
The court decision has decided, Hansen said, that from
now on, "the buck stops at the Board of Regents."
Hansen said that it will be two or three months before
the full effect of the ruling can be fully evaluated.
"We have an internal review attitude on this," he said,
"to make sure that we do it right and don't step on
anybody's toes." ,
Tuition hikes, salary increases in future budget guidelines
Action taken at the Board of Regents meeting last
Saturday could affect everyone's pocketbook at the
University of Nebraska-Lincoln. L
Faculty, administration and other non-academic
employes' pocketbooks could be a little fatter. Student
pocketbooks could be proportionately thinner.
The regents approved NU President Ronald Roskens
proposed budget guidelines for 1978-79 and 1979-80. The
proposal includes a 9 per cent salary increase for faculty, a
7 per cent increase for non-academic staff, and a 7.1 per
cent tuition hike in 1978-79.
Roskens said the proposals emphasize salary
improvement and that he has "pared back inflationary
provisions and all other requests (for funds in 1978-79)" to
make the increases possible.
Roskens told the regents that the average faculty
Kalarv t UNL rmk very low compared to other Big 8 and
other land grant universities in the American Association
of Colleges and Universities (AAU).
"We ought to make a credible effort to improve our
competitive position" in faculty salaries, Roskens said.
The salary increases will be paid for by the tuition hike
and a request for a 12.5 per cent increase in state general
fund money, appropriated by the Nebraska Legislature.
UNL is already near the top of the Big 8 and the AAU
land grant universities in tuition costs, Roskens said, and
the tuition hikes would keep it there.
The proposed increases would push state tax support of
NU to $113 million in 1978-79 and in-state tuition to $22.50.
The 1979-80 budget guidelines give all employes a 7 per
cent salary increase and pushes tuition up another 5 per
cent, the same as this year'3 increase.
Tuition in 1979-80 would go up to $23.60 a credit hour.
The request for state general funds would increase 13
per cent in 1979-80, Roskens said.
UNL Student Regent Greg Johnson offered an
amendment to hold tuition at the present level to the
proposals. Johnson's amendment was silenced on a 5-2
vote.
The Regents also voted to study the possibility of
differentiating graduate student tuition from under
graduate tuition.
, University of Nebraska t Omahs Student Regent John
Malone made the suggestion, saying that differentiated
graduate tuition is a trend many universities are
following.
The graduate students make use more of the
University's resources and get more individual instruction
from higher paid faculty members, Mtlcas said.
In attempting to stay within the regents
recommendations at the June meeting to keep the general
fund increases to about 12 per cent, Roskens said the
University will forgo needed improvements in the next
two years.
Roskens mentioned the College of Dentistry, the
College of Law, the College of Pharmacy, the Institute of
Agriculture and Natural Resources, UNO, and the
Medical Center as areas that would be hurt.
Roskens' proposal also included a 10 per cent increase
for utilities, a 5 per cent increase in the general operating
fund, a 4 per cent increase in the library budget for book
purchases and a 5 per cent increase for the Medical Center
to pay for medical supplies.
The Regents also approved the 1977-78 operating
budget, which includes a S percent tuition hike and 5.5 per
cent faculty salary raises.
The capital construction request for the next two years
approved by the Regents, is $9.3 million in 1978-79 and
$10 4 million in 1979-80. The request allows the renovation
of one building on each of the three NU campuses, but no
new construction.
Roskens mentioned Bessey Hall as the prime candidate
on the UNL campus for renovation.
The Regents also approved the nomination of Dr.
Delbert D. Weber as the new chancellor of UNO.
Weber was the dean of the College of Education at
Arizona State University and is a native of Columbus,
Neb.
