To: ALL 'RS 017 SENATE
Subject: Legal Opinion - Election to the
Board of Governors
Fro :
?
II . I. E\'ans
Secretary of ScnjLe
and Regis Lrar
Date: June. 17, 1959
.
.
Legal opinion Lac been obtained concerning mambership on the
Board of
Governors with particular reference to Section 20(1)(cl)
of
the Universitiez.
Act ?
tThC
following persons are not eligible. to be members
of
the Board:-
Other than the President, any appointee of the Board who receives
remuneration from the University"
1)
President's Research Grants (Graduate Student Awards): Discussion of
the terms of the award hasbeen held it:h the lawyer and under the
present teris governing these awards, the holding of such an award, in
his opinion, would not constitutegrounds for
disqualification as a
member of the Board of Governors; the holding of the award woul ci II,-)t
within itself constitute "appointee of the. Board who receives
remuneration from the University"
2)
The question of "-*za
?
t Associates" has been discusd. Under the.
terms of the present policy, the iiid:ividua].s are appointed for three
semesters, receive an annual. stipend, and part of the. st;peucl is
recognized as remuneration, while another part is recognized as an
award. Since. the appointment is on an an!)ual basis with annual. sl.ary
being paid on a bi-nonthiy basis, and the appointment over three
semesters, an individual. in this category would indeed be receiving
reruneration, and this would be over tio annual period. The fact that
the individual could devote one semester of tite three solely to research
and without teaching or other service would not, during that semster
remove the fact that his appoint:ment included the period of such semester.
Whilst under such appo]ntmeni, he could not he considered for membctrshi
on
the Board.
3) .
In the case of an individual who was seeking the position of Chancellor
and who at the t:imc was a T.A. receiving remuneration from the Univcrsi.ty,
the question of eligibility
was
raised and legal opinion obtained. It
was agreed that the individual could he norr.inatecl for the position on the
understanding that, if elected, he could hold office only provided he
ceased to be a T.A.
3
i.e. ceased to he an appointee receiving remuneration.
On those grounds he was requested to file with me a letter indicating that:,
if e].ectcd, he would indeed immediately terminate his appoiutment.If
necessary, these same procedures could b2 applied to others who might wish
to he considered for election to the Board of Governors. Although the
procedures are not considered highly desirable, they would be legal..
It would seem essential that, under
such
circumstances, the individual
concerned give, in wrir.irtg, his assurance that if elected he would
' . .
?
immediately cease to hold any appointment: which, would disqualify hint as,
if this were not done, t:hc 'whole pcocess of nomination and election would
become '
null. and void with
?
ifoitunate ).osz;
'of
tinc
.
111E :b
