Student Trustee Peter Michalczyk made some serious allegations about the process the Board of Trustees followed when they picked new University President Sharon Hahs at their Nov. 16 meeting.
Michalczyk claimed that the Board might not have followed the letter of the Illinois Open Meetings Act (IOMA) law, and that they certainly did not follow the spirit of it.
Michalczyk said in the open meeting, “Fellow board members knew a week in advance that this vote was to take place, a fact that was not placed on the agenda under ‘New business’ nor expressed to the campus community. Why is that? Is there something we’re hiding? Or is it just a realization that we are putting in the wrong candidate and don’t want people to know until it is too late for them to do anything about?”
Trustee and head of the Board of Trustees’ Presidential Search Committee Edward Dykla accused Michalczyk of lying and said the process was completely open.
The IOMA states that an agenda must be publicly posted 48 hours in advance of any meeting of a public body. As Illinois’ governor appointed all of the members of the Board of Trustees except the elected student trustee, and they administer a state institution, the Board qualifies as a public body.
The agenda and the president’s report to the board are sent to trustee members and others such as the Independent usually a week before the meeting. The agenda is also posted in the Student Union in the hall out side of the Golden Eagles room where the meeting is held. There was no action item on the original agenda for the election of a new president.
The agenda was marked as amended to include “Action on appointment of a new university president,” on Nov. 13 within the required 48 hours, it but was not distributed to board members and its public posting has been debated.
The IOMA states that agendas must be amended and posted not less than 48 hours before the meeting. It does allow for discussion of items not on the agenda but does not allow for action to be taken on any item not on the agenda.
Board of Trustees Liaison to the President Jean Kelchauser and University Events Director Dean Paul both maintain that the agenda was changed on the board and easel outside of the Golden Eagles room. Michalczyk and several Student Union staffers say it was not changed.
Trustees Michalczyk and Dykla report they did not receive updated agendas until the meeting, and Kelchauser said updated agendas were not sent out. Kelchauser said that the agenda was amended for “clarification” and that “We did it within the time constraints [of the IOMA].” When asked why such a significant action item was left off the agenda, Kelchauser gave flexibility as the reason.
Adam Goldstein, a lawyer with the Student Press Law Center said that leaving the action item off the agenda would have nullified the election of Hahs. Citing the case of Rice v. Board of Trustees (cite 762 N.E. 2nd pg. 1205), which was heard before the 4th District Appellate Court of Illinois. “A public body may not act on items not on the agenda,” said Goldstein.
The case involved the Adams County Board of Trustees voting themselves a new benefits package without prior public notice on their agenda that they would be doing so. The court said in their opinion, “We find consideration of items not specifically set forth in the agenda to be in the nature of deliberations and discussions not actions taken.”
If the agenda had not been posted Goldstein said, “Legally speaking, it [the election of Hahs] didn’t happen.”