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Caption: Board of Trustees Minutes - 1942
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1942] UNIVERSITY OF ILLINOIS LETTER FROM THE ATTORNEY GENERAL 853 Mr. Davis presented the following letter which he had received from the Attorney General relating to the powers of the Board. March 25, 1942 Hon. Chester R. Davis, Trustee, University of Illinois, 60 West Washington Street, Chicago, Illinois. DEAR SIR: I have your recent communication, in which you inquire whether or not the Board of Trustees of the University of Illinois may conduct its business through committees, and if said board may expend funds for the purpose of paying the salaries of officers and employees of an Alumni association or foundation, and other expenses incidental to such an organization. In connection with your first question your attention is directed to that portion of Paragraph 42, Chapter 144, Illinois Revised Statutes 1941, which reads as follows: " . . . Said board of trustees may appoint an executive committee of three chosen out of their own number, which committee, when said board is not in session, shall have the management and control of the University, and of its affairs, and for that purpose shall have and exercise all the powers which are necessary and proper for such object, except in so far as the board may reserve such powers to itself and any power granted at any time by said board to such executive committee, the board may at any time revoke . . . . " Under the foregoing provision of the statute it appears that the powers of the Board of Trustees of the University of Illinois are to be exercised by that corporate body except as expressly provided therein. T h e statute authorizes the appointment of an executive committee, which may exercise the powers of the Board of Trustees when the latter is not in session. The board, however, may limit the scope of the activities or powers of such executive committee as it sees fit. It is my opinion that the Board of Trustees may not legally delegate any of its power or authority to any other committee. Of course, the board may appoint committees from its membership to consider any matter requiring the attention of the board, but a committee so appointed would be limited in its authority merely to reporting its recommendations to the board or the executive committee, and to performing strictly ministerial acts. Such committee could not legally be delegated the power of exercising any discretionary authority vested in the board. In reply to your second question you are advised that I have examined the current appropriation to the University of Illinois (Senate Bill No. 491, Sixtysecond General Assembly, Approved July I, 1941, Session Laws 1941, P. 239). and I find no item therein which could be legally expended for the purpose of paying the expenses of an Alumni association or foundation, or the salaries of officers or employees of such an organization. It is, therefore, my opinion that the Board of Trustees of the University may not use funds appropriated to the University by the General Assembly for such purposes. Very truly yours, GEORGE F . BARRETT Attorney General The Secretary read the following memoranda prepared by the Comptroller and the Secretary of the Board with reference to the method of preparing the budget and the powers of the Board under the laws. MEMORANDUM ON BUDGET PROCEDURE Budget making at the University of Illinois divides itself broadly into two phases: (a) Biennial budget prepared for presentation to state officials and to the General Assembly as a basis for appropriations by the General Assembly.
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