COD- More legal bills to avoid transparency!

DuPage Co. (ECWd) –

January – 2015 we filed a Freedom of Information law suit against COD. (Click here for first article on the FOIA suit)

Only after being sued, COD produced invoices from the convicted felon John Valenta’s company, Broadcast Technologies but well after they released those same records to the Chicago Tribune. (Click here to view all of those invoices that know one saw a problem with!)

Questions for the trustees:

1. Who authorized the law firm to fight this FOIA law suit?
2. Was this done on the advise and counsel of Breuder and the law firm?
3. Are you aware that only the board can approve pursuing a legal defense when they get sued, not its employee?

Today we were notified that COD intends on defending their position in refusing to provide Brueders W-2, which is in fact a public record.

More questions for the trustees:

1. Who directed the law firm to refuse to provide the W-2’s of Breuder?
2. Who authorized ongoing legal expenses to fight a FOIA law suit for Breuder’s W-2?

I know this matter has never been put before the board and suspect it is being controlled by Breuder and his lawyer.  I say “his” lawyer because its become clear he is not representing the best interest of the Board and COD in my opinion.

Are W-2’s public records?

COD is taking the position they are not!

What does the Illinois Freedom of Information Act have to say about it?

<span style="font-family: Courier New; font-size: small;">Sec. 7. </span><span style="font-family: Courier New; font-size: small;">Exemptions. </span>
    <span style="font-family: Courier New; font-size: small;">(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, <strong><span style="text-decoration: underline;"><em>but also contains information that is not exempt</em></span></strong> from disclosure, the public body may elect to redact the information that is exempt. <span style="text-decoration: underline;"><em>T<strong>he public body <span style="color: #ff0000; text-decoration: underline;">shall</span> make the remaining information available for inspection and copying.</strong></em></span> Subject to this requirement, the following shall be exempt from inspection and copying: </span>

What does the Illinois Municipal League say about a W-2 regarding its being requested under FOIA?  They provide an instruction document that outlines exactly what sections are exempt and what sections are OK to provide. (Click here for Illinois Municipal Guide instructions)

How does Northern Illinois University handle request for W-2’s?  They provide it with appropriate redactions,  just as other public bodies have!  (Click here for W-2 obtained from NIU)

It is high time the public be provided a copy of Breuder’s W-2 that will inform them of his compensation.  Wages, tips, & other compensation goes into block #1 and the public has every right to that information.

Let us not forget, Thomas Glaser claimed the hunt club was part of his compensation.  If that is the case it will be noted in block 1 of the W2.

Last set of questions for the Trustees:

1. Why are you spending money on legal bills to keep Breuder’s W-2  secret?
2. When are “YOU” going to authorized this action?

To date, the board has not authorized ANY legal action. 

NONE!

Action must be taken in open session for all eyes to see and ears to hear!  No such action has ever been taken in a public meeting so it is clear, either the law firm is doing this on their own or at the direction of Breuder, who has zero authority to make decisions about law suits against the Board of trustees, which is who is being sued!

If the board determines that it was Breuder who made this decision is that not another breach of his contract?  Is that not grounds for immediate termination?

One thing is crystal clear in this matter and that is the current COD Board is completely negligent in this matter!