College of DuPage – Criminal Coverup?

DuPage Co. (ECWd) –

So there is no confusion, people need to understand the most basic principals regarding our laws and the application of that law by our public officials.  It’s actually pretty simple.

• You can’t spend tax payer money on anything without statutory authority.  If the law is silent on it you can’t do it!
• You can’t use public funds, credit, and or property on non-public matters.
• You can’t pass resolutions or enter contracts to make it OK to spend money in direct conflict with the first two points mentioned as the law never provided the power to do that.

Pretty simple to understand, or is it? 

July 3rd, 2014 I asked for two years of expense reports for Dr. Breuder. In that response was a reimbursement expense form signed by him in 2013.  (Click here to download the reimbursement form signed by Dr. Breuder.) 

Note key entry headings and responses!

• Full name of event: Reimbursement for Annual Membership for Max McGraw’s
• Description/Business Purpose: Reimbursement for dues paid
  

Can anyone provide any law that would support Dr. Breuder’s annual membership to Max McGraw’s hunt club as an obligation of the taxpayer or allowable as part of his employment contract?

July 11th, 2014 I asked for copies of all payments, invoices and membership documents to Max McGraw’s.

July 25th, 2014 I received a response reporting COD did not included information related to Max McGraw’s that does not pertain to the transaction of the College’s public business.

Did not include records that doesn’t pertain pertain to COD public business?

What other kind of business does this College have?

To acknowledge they have not included them is an admission they have them.  If it is not a public record, why is it in their possession? Claiming it is private, and acknowledging possession, indicates they are utilizing public funds, property, and/or credit for private purpose which violates Article VIII section 1 of our State Constitution!

The very $1,800.00 reimbursement for “Annual Membership” sought by Dr. Breuder was in fact paid by COD. Where it was paid from and how it was coded creates another significant legal problem for these people.

Look at his submitted reimbursement form closely.  The reimbursement was approved with two signatures from the Budget Office (redacted). On the same day of that approval an Imprest payment, you know the ones this board didn’t ever get to see line by line, documented the $1,800 payment to Breuder as “Educational Dues”, even though the very form turned in by him outlined it was for an annual membership to the hunt club. That makes the Imprest line item a false entry.  A financial record with false entries makes the record a False Document under the Forgery laws.  (Imprest Account financial entry for this reimbursement)

More troubling is the fact their own COD attorney made it very clear in his letter to the Attorney General’s Public Access Office, and I quote:

“Please be further advised that Dr. Breuder, INDIVIDUALLY, and not the College or Dr. Breuder in his official capacity as President, is a member of Max McGraw’s Wildlife Foundation.”

Their own legal counsel confirms this membership is in his individual capacity, which is their defense for not giving me all the records.(Click here for the Attorney response letter to the AG Public Access office)

Treasurer Glaser, in his comments to the Daily Herald, contradicts their own legal counsel. Glaser said “even nearly $5,000 spent at a Dundee-based hunting club by College President Robert Breuder as part of his compensation package was approved by the college’s internal auditor”. (Click here for that article)

Again, can anyone provide any evidence that these payments are part of his compensation package?  (Click here for Dr. Breuder Contract, 2009 addendum, 2010 addendum, and 2011 addendum.) 

COD claims to the Attorney General, the public, and the media don’t match the accounting records! If such records are private they should never be in their possession in the first place.  Paying the expense and deeming it “Educational Dues” on one hand, yet claiming it is private on another, constitutes fraud in most peoples basic understanding of right and wrong.  When called out on it by the local press they claim that it was “near” $5,000 and it was part of his compensation package?

Time for some Truth!

A Freedom of Information Act request last week was returned yesterday.  What did I ask for from COD?

• Copy of any compensation contract for Dr. Breuder that outlines membership to Max McGraw’s Wildlife Foundation is a part of his compensation for employment at COD.

Response:  The College does not have any documents responsive to your request. (Click here for a copy of their response)

So now we have their own lawyer claiming his membership to Max McGraw Wildlife Foundation is in his individual capacity, while their Treasure claims those payments are part of his compensation package, yet when such records are requested there are no records to support such a claim.

Oh, don’t let me forget the other little tidbit of financial information that Mr. Glaser failed to be truthful about.  While he claimed these payments were near $5,000.00, the fact of the matter is it was more than double that.  In fact, closer to triple what he claimed.

You see, COD has paid Max McGraw’s over $29,299.12 since 2009 of which  $23,686.00 was paid out of the secret (from the board) imprest account, of which over $10,000.00 was coded as Educational Dues while other payments with no receipts brings his total up to $13,800.00.  (Click here for payment records to Max McGgraw)

So let’s recap and keep it simple.  According to the COD attorney, COD has no membership to Max McGraw Wildlife Foundation nor does Dr. Breuder in his capacity as COD President.  The membership is in Dr. Breuders individual capacity.  That little fact makes this a private matter that should be paid with private funds not public funds.  (Click here for the Attorney response letter to the AG Public Access office)

The Treasure, you know, the one keeping the books, claims these payments are part of his compensation package yet COD has NO DOCUMENTS to support that claim, all while we have now published his compensation documents and as anyone can see, there is nothing that would outline such an expenditure is a public obligation to Dr. Breuder.

Which is it?

• Individual membership?
• Educational Dues?
• Compensation?

Or is it theft of public funds through secret closed door expenditure approvals and orchestrated cover up by those tasked with managing the funds? 

The facts being exposed one document at a time point to Public funds being used for private purpose. Such an action violates our Illinois State Constitution, Article VIII section 1, which if proven accurate may be considered Official Misconduct under the Criminal code and should be prosecuted.

This is just the tip of what we have uncovered to date.  Next we will expose the full record of the illegal satellite phone rental package purchased by Dr. Breuder for three years running on the college credit card without any board approval.

The record is clear!  This board should terminate Dr. Breuder and pursue criminal charges!