Repository: UIHistories Project: Board of Trustees Minutes - 1992 [PAGE 523]

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1994]

UNIVERSITY OF ILLINOIS

511

information regarding the appointment, employment, or dismissal of employees or officers, and to discuss pending, probable, or imminent litigation against or on behalf of the University, and to discuss the acquisition of real property/' The motion was made by Mr. Grabowski and approved unanimously.

Disclosure of Executive Session Actions Under Open Meetings Act

(1) Under an amendment to the Open Meetings Act passed by the General Assembly, effective July 1, 1989, public bodies subject to the Act which conduct business under exemptions specified in the Act must, at least every six months, determine whether the need for confidentiality still exists with respect to each item considered under such exemption. Previously unreleased items from February 1993 and May 1993 are recommended for release and are attached. Unreleased items from September through November 1993 are attached and are marked to indicate which items considered in executive session are recommended for continuing confidential status, e.g., pending litigation in October and personnel matters in November. Neither of these has yet been resolved. (Attached materials are filed with the secretary of the board for record.) The university counsel and the secretary of the board, having consulted with appropriate University officers, recommend that the indicated items retain confidential status at this time and that the president of the University be authorized to release those items when appropriate. It is further recommended that all other matters considered in executive session for the period be made available to the public. I concur.

By consensus, the trustees approved of this recommendation as submitted, formal action to be taken subsequently when the board convenes in open meeting.

Authorization for Settlement

(2) The vice president for business and finance and the university counsel recommend that the board approve settlement of Illinois Power v. Board of Trustees by payment of $1,255,941.37. The University withheld payments of $2,580,760.77 to Illinois Power because of a dispute regarding the interpretation of a tariff which Illinois Power filed with the Illinois Commerce Commission. Illinois Power was also trying to collect late payment charges of $1,450,174.69, which were continuing to increase each month. In December 1991, Illinois Power Company filed a complaint in the Court of Claims for the unpaid amount plus the late payment charges. The University vigorously defended against the allegations found in the complaint. As part of the settlement, Illinois Power has also agreed to correct a metering problem at Abbott Power Plant which will result in an additional annual savings of approximately $15,000-$20,000. Funds will be provided from the institutional funds operating budget of the University. I concur.

By consensus, the trustees approved of this recommendation as submitted, formal action to be taken subsequently when the board convenes in open meeting.