MINUTES OF THE SPECIAL MEETING OF THE MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES January 29, 1997 President McPherson called the meeting of the Board of Trustees to order via conference telephone call at 11:00 a.m. in the President's Office Conference Room. Trustees present: Dolores M. Cook, Dorothy Gonzalesy Colleen McNamara/ Donald W. Nugent, John D. Shingleton, Bob Traxler; and Robert E. Weiss. Trustee absent: Joel Ferguson. University officers present: President McPherson/ Provost Simon, Secretary Pogel, General Counsel and Vice President Noto7 and Vice President Webster. Others present via telephone: Roderick K. Daane, Attorney. All actions taken were by unanimous vote of the Trustees present, unless otherwise noted. 1. On a motion by Mr. Nugent, supported by Ms. McNamara; THE BOARD VOTED to approve the proposed agenda. 2. There were no requests to address the Board of Trustees. 3. President McPherson reported there had been a request for the Board to meet in Executive Session to consider material exempt from discussion or disclosure by State statute as authorized by Section 8(e) and 8(h) of the Michigan Open Meetings Act. On a motion by Ms. Cook, supported by Ms. Gonzales, A ROLL CALL VOTE was conducted by Secretary Pogel. The motion passed unanimously for the Board to meet in Executive Session. 4. Following the Executive Session, the meeting was called to order by President McPherson. 10571 i Public Participation jRequest for lExecutive Session 5. On a motion by Mr. Weiss, supported by Ms. Cook, it was recommended that the Board of Trustees authorize the administration to request reconsideration of the Court of Appeals decision of January 14, 1997 in the case of Federated Publications, Inc. v. Board of Trustees of Michigan State University by filing a motion for rehearing with the Court of Appeals. Request Reconsider- ation of Court Decision in Federated [Publications case On A ROLL CALL VOTE conducted by Secretary Pogel, THE BOARD VOTED to approve the recommendation. The vote was 4-3, Trustees McNamara, Shingleton, and Traxler voted No. 6. On a motion by Mr. Nugent, supported by Ms. Gonzales, THE BOARD VOTED to adjourn. /LA Peter McPherson, President Nancy H. Pogel, Secretary 1 m