Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 310]

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1975]

UNIVERSITY OF ILLINOIS

299

REGULAR MEETING RECESSED FOR MEETING OF BUILDINGS AND GROUNDS COMMITTEE

Mr. Neal announced that the regular meeting would be recessed for a meeting of the Committee on Buildings and Grounds. He also announced that an executive session had been requested and would be convened after the meeting of the Committee on Buildings and Grounds to consider reports on pending litigation and a personnel matter.

RECESS AND EXECUTIVE SESSION

Following a short recess, the Board reconvened in executive session and considered the following items of business:

Consideration of Actions by the Merit Board

Mr. Costello reported that, following an administrative review of the Merit Board action concerning cases discussed by the Trustees in April, the decision had been made not to appeal the action of the Merit Board.

Litigation Instituted by J. E. Davis

(33) The University and certain of its employees have been named as defendants in a matter filed in the Circuit Court of Champaign County, Illinois (Case No. 75 L 319), by J. E. Davis, a former employee in the learner program at the UrbanaChampaign campus. University employees named as defendants include John E. Corbally, J. W. Peltason, Donald S. Rubenstein, Toby Kahr, Paul Hursey, Jack T. Harroun, J. H. Trail, and Bob Thompson. Walter G. Ingerski, Director of the University Civil Service System of Illinois, is also named as a defendant. Documents which have been filed appear to be based on alleged racial discrimination by the University and its employees and state the amount of the claim to be $8 trillion. On September 18, 1974, the Board of Trustees authorized defense of a similar suit brought by the same plaintiff in the United States District Court for the Northern District of Illinois in which Mr. Davis was seeking recovery of $800 billion. T h e U.S. District Court proceeding has been terminated by the granting of a motion to dismiss filed on behalf of all of the defendants. It is anticipated that some or all of the individual defendants who are University employees will request 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 University employees. The University Counsel has recommended 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 who request him to do so. I concur.

On motion of Mr. Howard, authority was given as recommended by the following vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Lenz, Mr. Livingston, Mr. Neal, Mrs. Rader, Mrs. Shepherd, Mr. Velasquez; no, none; absent, Governor Walker.