DuPage Co. - (ECWd) -
When a trustee of a public body questions the process of no bid contracts most would expect the President of the College to provide factual information, not half truths.
Breuder to Trustee Mcguire: “Briefly: services do not have to be bid in Illinois. That is the crux of it." (click here for copy of e-mails reflecting concern by trustee)
Breuder to the COD Board: "This purchase complies with State Statute, Board Policy and Administrative Procedures. The purchase of professional services are exempt from bidding under Illinois Public Community College Act, 110 ILCS 805/3-27.1" (click here for board document signed by Breuder and his team that contains the above claim)
Breuder lied to trustee McGuire with his statement to her and mislead the board with the Board Approval document language pertaining bidding requirements. Neither of his documented words matches the statute he cites.
Nothing in the community college act states you don't have to bid services, so it is not the crux of it Mr. Breuder. The law outlines exemptions from bidding, and considering the language in the law versus the language you shared with Trustee McGuire, I would say you are guilty of not telling her the whole truth and she has failed to protect the public by not following up to validate or disprove your claims.
(110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
Sec. 3-27.1. Contracts. To award all contracts for purchase of supplies, materials or work involving an expenditure in excess of $25,000 or a lower amount as required by board policy to the lowest responsible bidder considering conformity with specifications, terms of delivery, quality, and serviceability; after due advertisement, except the following: (a) contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part;........" (click here for link to entire sec. 3-27.1)
The Professional services exemption he is abusing is for those who posses a high degree of professional skill where the ability or fitness of the individual plays an important part.
We know the "important part" is a factor because it was made clear by Breuder and Catherine Brod that "we must use Carla for relationship purposes even though her quotes had come in significantly higher."
Maybe I missed it, but the statute doesn't say its OK to not bid because of relationship purposes. COD Foundation Board member Carla Burkhart received her multiple contracts on a no bid bases, however, there has been no evidence provided to the board or any documentation that supports she received those because of her ability or fitness. In order to issue a no bid contract under that portion of the statute there needs to be proper justification. In this case we find none.
Considering there are thousands of Graphics Design businesses in the state of Illinois I think its a fair question. How can COD determine this person's ability or fitness unless they compare it to others at least initially?
The crux of this, is Breuder was less than honest with his comments to Diane McGuire and was also misleading with his comments to the board in the Board Approval document. Yes, he cited the statute, however, the statute does not contain the language he documented.
As a trustee they need to be able to trust what their President puts in front of them and it is clear that trust has been broken multiple times. Ironically the Russians understood this basic principal - Trust but verify! That Russian proverb became President Reagen's signature phrase. Sadly the board is not verifying much of anything Breuder does.
Over the next several weeks we will continue to lay out the documents that will verify Breuder's actions violate both the spirit and rule of the law.