Repository: UIHistories Project: Board of Trustees Minutes - 1928 [PAGE 236]

EXTRACTED TEXT FROM PAGE:

1937]

U N I V E R S I T Y O F ILLINOIS

233

are violated by a delegation of such a duty. This power is recognised as practically necessary because otherwise public boards would, in a large measure, be incapable of effective action. T h e Board of Trustees, in the proper exercise of its power, m a y adopt general policies and prescribe by general rules the manner in and the method by which such policies shall be put into execution. Having done so the Board m a y designate agents or appointees to perform the ministerial duty of practical execution. Applying these principles to the questions you propound I a m of the opinion that the Board is clearly within its powers, in making a general appropriation for a specific purpose, like the expenses of a department for a given period, and prescribing by general rules the manner in which such purchases shall be made; and that no prior approval or authorization of a specific purchase need in each instance be given. Neither is there any legal necessity for specific subsequent approval. Using the illustration in your letter; assume that an appropriation has been made for the operation of the physical plant; assume, further, that the purchasing agent is directed by the Board, under the general direction of the Comptroller, to purchase supplies. at the lowest price obtainable, having in mind, of course, the relative values, and the suitability of the supplies to the needs of the University. I see no reason w h y the officers mentioned m a y not go into the market, make the mathematical calculations as to quality and values and buy coal, (for example,) wherever the most advantageous purchase can be made, in accordance with the general instructions of the Board. I have been speaking of course of poorer and of legal duty. Respecting the wisdom or practical efficacy of policies or methods, you have, of course, not inquired. The power to authorize purchases, as indicated, clearly exists; and there is no legal duty to approve each individual purchase after it has been made. In its discretion the Board m a y provide various means to check thefidelityand efficiency of its agents and employees, and being satisfied that an adequate check is furnished in periodical audits, examinations, and reports, there is no provision in the law which requires that its discretion in this regard shall be exercised in some other mode. The primary legal duty of the Board, in dealing with the business side of University administration, is to protect the state against prodigality in the expenditure, or willful misapplication of public funds; and this basic obligation m a y be discharged in such a manner and by the use of such means as, in the sound discretion of the Board, seem best calculated to accomplish that end. As I understand the business organization of the University, there is, in effect, a double audit of all accounts and business transactions, reported directly to the Board at stated intervals. It would seem that in this way full protection is afforded the University and a reasonably adequate opportunity given to the Board to discover or detect instances where agents or appointees have made purchases or performed acts contrary to the letter or the spirit of the general instructions embodying the policy which the Board has adopted. Yours very truly, Sveisbjorn Johnson Legal Counsel O n motion of M r . Blair, this opinion was received for record. POWERS OF EXECUTIVE COMMITTEE O n motion of Mr. Blair, the matter of what, i any, reservations f should be made in the powers of the Executive Committee was made a special order of business for the next meeting of the Board. At this point, Mr. Blair withdrew. WOMAN'S RESIDENCE HALL ANNEX Mrs. Evans, for the Committee on Student Welfare, reported a recommendation that the Woman's Residence Hall Annex be discontinued as such, that the building be assigned as a cooperative house for women, and that $1500 be appropriated for the necessary changes in the building.