Professor Rice letter to the AMSOL Board of Governors

Professor Rice has given permission to publish his letter to the AMSOL Board of Governors, which follows.

UNIVERSITY OF
NOTRE DAME

THE LAW SCHOOL


MEMORANDUM

FROM: Prof. Emeritus Charles E. Rice
TO: Board of Governors, Ave Maria School of Law
SUBJ.: Board resolution, Sept, 28, 2005
DATE: October 20, 2005

I voted against the sense of the Board resolution adopted on Sept. 28th.

If the Bylaws are amended as proposed in that resolution, I will be involuntarily removed from the position I now hold on the Board. I oppose that removal.

I recused myself from the September 28th discussion by the Board of my status. I understand that the Board discussed Section 11(5) of the Bylaws which states:

A retired Governor who has served a minimum of six (6) yearsas Governor shall have the status of Life Governor and by virtue thereof shall receive notice of all meetings of the Board of Governors, may attend all of its meetings and meetings of any Committee of the Board of his choice, and may participate in the discussions and deliberations of the Board and of any such Committee, but shall have no right to vote.

To avoid any misunderstanding, please be advised that if I am removed from the position I now hold on the Board, I will thereupon have a vested right to membership on the Board as a Life Governor as provided in Section 11(5). My affirmation of this reality does not imply any consent on my part to any removal of me from the position I now hold on the Board.

I write this memo not in any spirit of contention but rather to avoid any possible misunderstanding of my interpretation of this matter.

Thank you for your cooperation.