Repository: UIHistories Project: Board of Trustees Minutes - 1980 [PAGE 485]

EXTRACTED TEXT FROM PAGE:

474

BOARD OF TRUSTEES

[November 15

son Street and West Congress Parkway on which Rush-Presbyterian-St. Luke's Medical Center was engaging in construction activities. Suit was filed against these organizations in the Circuit Court of Cook County, Illinois (Case No. 79 L 8874) seeking injunctive and declaratory relief which would rescind the vacation of the street and reopen it to traffic. T h e court subsequently granted a motion to dismiss the complaint on the ground that the University lacked authority to maintain the action. An appeal was taken and is now on expedited status before the Appellate Court of Illinois (First District, Second Division). As a result of discussions between the vice president for administration and officials of Rush-Presbyterian-St. Luke's Medical Center and the Medical Center Commission it has been determined that the construction of ingress and egress ramps into the Medical Center District off the Eisenhower Expressway onto Damen Avenue would nullify most of the negative effects of the closing of the one-block segment of Paulina Street which is the subject of the litigation. The president of Rush-Presbyterian-St. Luke's Medical Center has written the vice president for administration that his organization will use its best efforts to encourage the construction of ingress and egress ramps at Damen Avenue and the Medical Center Commission has adopted a resolution stating that it will actively explore and support the possibility of the construction of such ramps. The University counsel has indicated that the pending litigation can be appropriately terminated by the entry of an order in the Appellate Court dismissing the appeal and remanding the case to the Circuit Court, and by the entry of an order in the Circuit Court vacating and expunging from the record its earlier order and further dismissing the complaint and the Medical Center Commission's counterclaim. T h e vice president for administration recommends that the litigation be terminated and that authority be given to represent to the other parties that the University will also use its best efforts to encourage the construction of ingress and egress ramps off the Eisenhower Expressway onto Damen Avenue. T h e chancellor of the Medical Center campus supports the recommendation. T h e university counsel indicates that there would be no negative legal implication from the termination of the litigation as described. I concur.

Review of Decisions and Orders of Retirement System

(29) On November 3, 1979 the State Universities Retirement System Board of Trustees entered decisions and orders disqualifying two University employees, Dr. John G. Wargo, Jr. (Case No. 79-01) and Dr. Donald E. Sledge (Case No. 79-02), as participants in the Retirement System, striking their service and earnings credits, and directing refunds of contributions made to the Retirement System by them or on their behalf, with interest. T h e system found that these individuals, whom the University had certified to the system as eligible University employees, were employed full-time by the Illinois Association of School Administrators, an organization with which the University has an affiliation agreement, and were not "employees" within the meaning of the Retirement System statute. In a November 13, 1979 memorandum addressed to the trustees and the president of the University, a copy of which has been filed with the secretary for record, the university counsel has provided an analysis of the various policy considerations and issues involved. He now recommends that he be authorized to take such steps as may be necessary or appropriate, including the employment of special counsel, to seek reconsideration or nullification of the Retirement System's decisions and orders in these matters. I concur.