Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 483]

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472

BOARD OF T R U S T E E S

[ D e c e m b e r 17

7. JEHOOM YANG, Assistant Professor of Surgery, Abraham Lincoln School of Medicine, on 90 percent time, beginning November 1, 1975 (1Y90), at an annual salary of $36,000. 8. ANNETTE M . YONKE, Assistant Professor of Medical Education, Center for Educational Development, beginning December 1, 1975 ( W Y ) , at an annual salary of $17,000.

Urbana-Champaign

9. EDWIN E. HERRICKS, Assistant Professor of Civil Engineering, beginning November 21, 1975 ( 1 ) , at an annual salary of $16,000. 10. KENNETH R. HOLMES, Assistant Professor of Veterinary Biological Structure, on 53 percent time, and in the Center for Zoonoses Research, on 47 percent time, beginning November 1, 1975 (1Y), at an annual salary of $21,000. 11. DIANA R. LEKUS, Cataloger and Assistant Professor of Library Administration, Library, beginning November 21, 1975 (1Y), at an annual salary of $12,220. 12. RANDALL S. MAY, Assistant Professor of Nuclear Engineering, beginning November 2 1 , 1975 ( 1 ) , at an annual salary of $15,500.

On motion of Mr. Livingston, these appointments were confirmed.

Appointments of Noncitizens

(6) T h e developing law on the entitlement of resident aliens to equal protection under State and Federal constitutions indicates that a preference discrimination against such persons in public and other employment may be suspect. One example is a recent decision of the Supreme Court of Illinois (Holland v. Bleigh Construction Co., 335 N.E. 2d 469) in which the Court held that a provision of the Illinois Preference to Citizens on Public Works Projects Act defining an "Illinois laborer" as one who is a citizen of the United States or has received his first naturalization papers unconstitutionally discriminates against Illinois resident aliens in violation of the equal protection clause of the Federal Constitution. Policies and procedures concerning the appointment of noncitizens to positions at the University were established by Board of Trustees actions on June 28, 1940; October 21, 1940; and April 19, 1961. Under the 1940 actions a general policy was adopted not to employ persons who are not United States citizens unless they have formally declared their intention of becoming citizens, with the exception of certain temporary appointments. Under the 1961 action indefinite term appointments of noncitizens to the ranks of Associate Professor or Professor are permitted if a specially designated committee determines that certain criteria are met. The criteria relate to matters normally considered in any appointment and include facility in the English language, scholarly competence and promise, appreciation of the American environment, commitment to the University's purposes and program, and a fundamental sense of responsible citizenship. The University Counsel recommended reexamination of existing University policies and procedures for appointments of noncitizens in the light of legal developments in the field. O n the basis of a reexamination of the underlying reasons for the existing policies and in view of the legal uncertainties related to it, I now recommend that prior actions of the Board of Trustees concerning appointments of noncitizens be rescinded and that henceforth such appointments be authorized, subject to the following: Appointments of noncitizens may be made on the same basis, governed by the same criteria, as other appointments. However, such appointments for service in the United States and the terms of such appointments will be effective only so long as the noncitizens are lawfully present in this country and entitled to accept employment, as determined by the appropriate Federal authority.