Repository: UIHistories Project: Board of Trustees Minutes - 1974 Version B [PAGE 581]

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1974]

UNIVERSITY OF ILLINOIS

573

Livingston, Mrs. Rader, Mr. Swain; no, none; absent, Dr. Bakalis, Mr. Forsyth, Mr. Neal, Mr. Steger, Governor Walker.

LITIGATION RELATING TO ILLINOIS PUBLIC ACCOUNTING ACT

(29) Under the Illinois Public Accounting Act, the University is charged with the responsibility of determining the qualifications of persons applying for certificates as Certified Public Accountants. Pursuant to Board of Trustees action, the administrative functions of the University under the Act are performed by a Committee on Accountancy responsible to the President of the University. The Committee receives all applications for CPA examinations, arranges for the necessary examinations, and, upon receipt of reports from the Board of Examiners concerning the examination grades, certifies to the President "the names of the candidates who obtain passing grades and satisfy the other qualifications prescribed by the Act." The certificate designating a person as a Certified Public Accountant (CPA) is issued in the name of the University. A suit for injunctive and declaratory relief has been filed by Louis Wellenberg in the United States District Court for the Northern District of Illinois (Case No. 74 C 1097) against President Corbally and against the members of the University Committee on Accountancy, J. Nelson Young (Chairman), Kenneth W. Perry, Edward Smith, Irvin L. Heckmann, and Eldred C. Strobel. The suit challenges the constitutionality of the Illinois Public Accounting Act insofar as it requires accountants to be over the age of twenty-one years in order to be certified as CPA's regardless of their other qualifications. It is asserted that the requirement is violative of the due process and equal protection clauses of the Fourteenth Amendment. It is alleged that in July 1974 the Plaintiff will have completed the necessary requirements to be eligible to take the CPA examination except insofar as he will then have only attained the age of 20. He brings the action individually and on behalf of all persons similarly situated. The suit seeks a declaratory judgment that the age requirement in the Illinois Public Accounting Act is unconstitutional and that the Defendants be enjoined from denying to plaintiff and to members of the class the opportunity to take the CPA examination and from denying the certification of those who successfully pass the same. The individual defendants have requested the University to provide representation for them in their defense of the suit on the ground that all actions taken by them in the matter were taken in their respective capacities as an employee of the University or as a member of the University Committee on Accountancy.1 The University Counsel states that in his opinion the Complaint is not well founded and recommends that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University and to provide representation of the individual defendants as requested. I concur. On motion of Mr. Swain, authority was given as recommended by the following vote: Aye, Mr. H a h n , Mr. H o w a r d , M r . Hughes, Mr. Livingston, M r s . Rader, Mr. S w a i n ; no, none; absent, D r . Bakalis, Mr. Forsyth, Mr. Neal, M r . Steger, Governor W a l k e r .

LITIGATION INITIATED BY CERTAIN EMPLOYEES AT T H E CHICAGO CIRCLE AND MEDICAL CENTER CAMPUSES

(30) A Petition for Writ of Mandamus has been filed in the Circuit Court of Cook County, Illinois (Case No. 74 L 4266), in which it is alleged that, under an agreement dated October 20, 1967, between the University and the representative of the employees of the University at the Chicago campuses who are policemen, certain hourly rate increases are due the policemen retroactively to May 1973. The Petition seeks an order from the Court mandamusing the University to pay the amounts alleged to be due, together with interest thereon, and further relief

'Defendant Eldred C. Strobel is a member of the Committee on Accountancy but is not an employee of the University.