Caption: Board of Trustees Minutes - 1994
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112 BOARD OF TRUSTEES [November 18 oxygen supply to the brain of the minor plaintiff causing cerebral palsy and severe developmental delay manifested by academic, cognitive, and motor deficits. The vice president for business and finance concurs. I recommend approval. Mr. Higgins explained that this recommendation would not be in the form of a structured settlement, which would be usual, because the plaintiffs' Hindu religion would not permit acceptance of money in this manner. 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 (3) The university counsel recommends that the board approve settlement of Berry v. Rypins, et ah in the amount of $845,000. The plaintiffs allege that defendants failed to properly diagnose Bobby Berry's condition as inoperable colon cancer and that the cancer has now metastasized to his liver and lungs. The vice president for business and finance concurs. I recommend approval. By consensus, the trustees approved of this recommendation as submitted, formal action to be taken subsequently when the board convenes in open meeting. Disclosure of Executive Session Actions Under Open Meetings Act (4) 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 October 1993 and November 1993 are attached and are recommended for continuing confidential status, e.g., pending litigation in October and personnel matters in November. Neither of these has yet been resolved. Unreleased items from January through June 1994 are also attached. They are all recommended for release to the public. (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. Accordingly, it was recommended that an item concerning pending litigation noted in the executive session minutes of October 1993 and a personnel matter noted in the November 1993 executive session minutes remain in confidential status since they remained unresolved. Unreleased items from January through June 1994, heretofore not released to the public, were recommended for release.
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