Terms ending, but regents say they'll remain

It appears as though Northwest Missouri State University will continue to have a functioning Board of Regents next year.

Three members of school's governing board whose terms expire Jan. 1 said during Friday's regular session that they plan to stay on until Gov. Jay Nixon selects their successors.

Had regents Lydia Hurst, Doug Sutton and Douglas Wyckoff elected to leave at the end of their terms, the board, which comprises eight voting seats, would have been reduced to only three members, two shy of a quorum.

The Board of Regents, which meets on campus every couple of months, is a body created by Missouri statute. It is charged with setting policy and providing fiscal oversight for all university operations. The panel signs off on hiring decisions regarding senior personnel and must approve budget recommendations prior to their implementation by university administrators.

There are currently six sitting members and two vacancies on the board. The other members are Mark Hargens, the current chairman; Gene Dorrell; and Joseph Bosse.

Had Hurst, Sutton and Wyckoff chosen to quit serving at the close of their terms, the remaining board members might have been unable to conduct official business, at least as far as finances go.

A legal opinion rendered earlier this year by university attorney Scott Sullivan stated that a majority of sitting regents constitute a quorum regardless of the number of vacancies except on matters regarding the budget.

Hargens said Friday that the distinction is not a written requirement but merely reflects Sullivan's legal interpretation.

The finding proved to be of some importance this summer when the five sitting regents — new member Gene Dorrel had not yet been appointed  — voted on a proposed market-based pay raise for university employees.

The vote was 3-2 in favor of the salary hike, but Hargens, who sided with the majority, declared the measure defeated due to the lack of a quorum.

After the meeting, University President John Jasinski cited Sullivan's opinion in explaining why a quorum, for purposes of a vote on fiscal matters, is considered to be a majority of the fully constituted eight-member board.

By way of contrast, Hargens was elected board chairman in June on an identical 3-2 vote, which was not questioned.

Now that the board has six members, the likelihood of similar quota-related problems is diminished. Hargens said Friday he planned to ask Sutton, Hurst and Wyckoff about their intentions with regard to continued board service, but all three separately told the Daily Forum they intended to serve until the governor names replacements.

As for when that might happen, Nixon spokesman Scott Holste said that his boss is working on it.

"We are aware of the end of the terms that are coming up and are working accordingly," Holste said. "I would note that the regents will be able to continue in these positions until the appointment or re-appointment process is complete."

Sutton is currently the longest-serving board member, having been appointed in 2001. Hurst was appointed in 2003 and Wyckoff in 2008.

According to state statute, six of the eight members must live in the university's traditional northwest Missouri service district, which embraces 14 counties. At least one regent must reside in Nodaway County, and two must be from other parts of the state. No more than four can be members of a single political party.

Of the current members, Hargens is from St. Joseph, Hurst from Tarkio, Sutton from Maryville, Wyckoff from Cameron, Dorrel from Maryville and Bosse from St. Louis.