Repository: UIHistories Project: Board of Trustees Minutes - 1956 [PAGE 945]

EXTRACTED TEXT FROM PAGE:

942

BOARD OF TRUSTEES

[February 21

tiated by University officers, and upon such terms and conditions as may be recommended to that Committee by the Director of the Agricultural Experiment Station, the Comptroller, and the President of the University, if approved by the Executive Committee, and to authorize the Comptroller and the Secretary to execute and deliver, on behalf of the University, any such nondevelopment lease or agreement covering said land which is so recommended and approved. I concur.

On motion of Mr. Herrick, the Executive Committee was authorized to act for the Board of Trustees in this matter, as recommended above, by the following vote: Aye, Mr. Bissell, Mr. Herrick, Mr. Johnston, Mr. Livingston, Mr. Swain, Mrs. Watkins, Mr. Williamson; no, none; absent, Mrs. Holt, Mr. Megran, Mr. Nickell, Mr. Stratton.

EMPLOYMENT O F S P E C I A L C O U N S E L IN CIRCUIT C O U R T P R O C E E D I N G INSTITUTED BY F O R M E R CIVIL S E R V I C E EMPLOYEE (10) On August 17, 1955, a discharge proceeding was instituted against Casimir J. Palacz, a clerk in the Department of Administration of the Research and Educational Hospitals. The principal grounds for discharging him are an alleged refusal upon his part to work as scheduled and alleged insolence upon his part towards his supervisors and others upon several occasions. After employing counsel, he duly requested a hearing upon the charges, and a hearing was held before a hearing board, appointed by the Merit Board of the University Civil Service System of Illinois, on September 29. The members of the hearing board were Dr. Percival Bailey and Dr. Isaac Schour. After the hearing, the hearing board made findings of fact sustaining most of the charges against Mr. Palacz and recommended that he be discharged from the employ of the University. The findings and recommendations of the hearing board were subsequently reviewed and approved by the Merit Board. Pursuant to the provisions of the "Administrative Review Act" Mr. Palacz has taken steps to have the decision of the hearing board and the Merit Board reviewed in and by the Circuit Court of Cook County, Illinois. Summons in the proceeding instituted by him in that court to obtain that judicial review has been served upon the Merit Board and its Director. In a court proceeding of this nature the Merit Board merely files the record in the discharge proceeding with the court and leaves it wholly to the employer to defend the Merit Board's action and decision. Consequently, it will be necessary for the Legal Counsel to appear in the court proceeding on behalf of the University and to seek to uphold the decision of the hearing board and of the Merit Board. The Legal Counsel, through one of his assistants, has appeared for and represented the University in this entire proceeding to date. However, since it is now pending in the Cook County Circuit Court, and past experience has demonstrated that, because of the procedures followed in the courts of Cook County, it is extremely difficult for the Legal Counsel to properly represent the University in suits or other proceedings in those courts without the assistance of counsel practising in Chicago, it is highly desirable, if not necessary, that special counsel be employed to assist the Legal Counsel in representing the University in this proceeding. In view of their familiarity with University procedures pertaining to discharge of its employees and the legal questions involved therein and the excellent service rendered by them to the University and the Legal Counsel in other matters, the Legal Counsel recommends that he be authorized to employ Mr. Albert E. Jenner, Jr. and Mr. Prentice H . Marshall of the law firm of Johnston, Thompson, Raymond, Mayer, and Jenner of Chicago to assist him in representing the University in this proceeding upon the basis of their usual and customary charges for their services which he regards as reasonable and proper. I concur.

On motion of Mr. Swain, employment of special counsel in this proceeding, as recommended above, was authorized.