DuPage Co. (ECWd) -
All on your dime!
By all indications College of DuPage president Robert Breuder is in violation of his employment contract, and could possibly be terminated "For Cause". Not only should Breuder be concerned, but also the Senior Management Team and Board of Trustees are in clear violation of Board Policies, state statutes, and our state constitution.
It appears there is more than enough evidence to support that the Board Policy, which is in fact a Board Directive, has been violated as it relates to Article 10 - Gift Ban. If that is the case, then section f(ii) of the President's contract, "the President’s material failure to perform the reasonable and legitimate directives of the Board", could be used to remove him from his position.
Board policy also references stiff penalties for gift ban violations with fines ranging from $1,001- $5,000, including termination!
I suggest the COD Board of Trustees read Breuder's termination clause in his contract and the applicable gift ban policy. Implementing his termination clause could save further embarrassment to a great institution, not to mention it would save a boat load of money!
- October 24, 2013 - Breuder Wine Dinner - $696.00 - 6 guests -$96.67 each not counting gratuity. $116.00 each counting gratuity. (click here for copy of receipt)
- November 14, 2013 - Breuder Wine Dinner - $368.40 -4 guests -$76.75 each not counting gratuity. $92.10 each counting gratuity. (Click here for copy of receipt)
- December 6, 2013 - Board Holiday Dinner - $2,331.60 - 16 guests - $121.44 each not counting gratuity. $145.73 each counting gratuity. (Click here for a copy of receipt)
- December 7, 2013 - Breuder - Holiday Drunk Fest for Senior Management Team - $3,572.40 - 18 guests - $165.39 each not counting gratuity. $198.47 each counting gratuity! (Click here for copy of receipt)
- January 29, 2014 - Breuder Dinner - $456.00 - 5 guests - $76.00 each not counting gratuity. $91.20 each counting gratuity. (Click here for copy of receipt)
- March 30, 2014 - Breuder Dinner - $520.80 - 5 guests - $86.80 each not counting gratuity. $104.16 each counting gratuity. (Click here for copy of receipt)
- March 26, 2014- Breuder Wine Dinner - $442.20 -4 guests -$92.13 each not counting gratuity. $110.55 each counting gratuity. (Click here for copy of receipt)
- May 8, 2014 - James Bent Dinner - $768.00 - 6 guests - $106.67 each not counting gratuity. $128.00 counting gratuity. (Click here for copy of receipt)
- October 1, 2013 through October 1 2014 - 14 Separate hotel stays at the COD Inn at Waters Edge totaling $1,429.68. (Click here for copy of all hotel receipts)
- December 6, 2013 - $2,345.03 - gifts purchased for Senior Management Team - Ribs & Strip Steak (Click here for copy of invoice signed by Dr. Breuder)
To assure all the naysayers who want to claim Breuder might have paid COD back for these lavish expenditures, please know we are smarter than that! A FOIA request has confirmed that Dr. Breuder has NEVER reimbursed COD for ANYTHING! (Click here for a copy of the FOIA response)
Also please note that Article VIII Section 1 of our Illinois State Constitution is very clear. Public funds, property, and credit shall be used only for public purpose. At a minimum, I believe all will agree a drunk fest of free alcohol for his Senior Management Team, and gifts of steaks and ribs have no public purpose and therefore violates our State Constitution which constitutes Official Misconduct. I understand for some of these expenditures Breuder will claim they were for meetings, however, many were not and it only takes one violation to terminate for cause!
(f) the termination of the President’s employment hereunder by the Board for Cause (as defined hereafter). For Purposes of this Agreement, “Cause” means the following:
f(ii) – the President’s material failure to perform the reasonable and legitimate directives of the Board.
Reasonable and legitimate directives of the Board!
The "Board" has established a Policy Manual that outlines all the policies for COD, and it covers every employee all the way down to students. Such a policy is in fact a reasonable and legitimate directive of the Board.
Article 1 Definitions -
- "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to, or attributable to, government employment or the official position of an officer or employee.
- Except as permitted by this Article, no trustee or employee and no spouse of, or immediate family member living with, any trustee or employee (collectively 6 referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall
intentionally offer or make a gift that violates this Section.
- "Prohibited source" means any person or entity who: #(3) conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or #(4) has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee.
This Gift Ban is not applicable to the following
- (8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared, or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means.
Board policy 5-30(12) Any item or items from any one prohibited source during any calendar year having accumulative total value of less than $100. (most of the above are OVER the $100 accumulative limit)
- (b) A person who intentionally violates any provision of Article 10 of this Ordinance is subject to a fine in an amount of not less than $1,001 and not more than $5,000.
- (d) ....A violation of Article 10 of this Ordinance may be prosecuted as a quasi-criminal offense by an attorney for College of DuPage or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.
- (e) In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of Article 5 or Article 10 of this Ordinance is subject to discipline or discharge
For the record, my Freedom of Information request for copies of all receipts for the purchase of bonus's, gifts etc turned up only a single receipt, which was for the steaks and ribs and it specifically states the purchase was for gifts! What makes that FOIA response so interesting is the fact many people have shared with us that numerous gifts have been given to executive staff and employees. Wonder how that is possible since they claim there is only one receipt?
Thanks to all those who continue to provide such great leads! Any input on gifts being given by Breuder is greatly appreciated!