DuPage Co. (ECWd) -
This article was generated because of a local citizen who is paying attention to detail and saw something in Breuder's contract worthy of exposure. Thank you Darryl Reigle for pointing out the contract violations!
There comes a point in time when people have had enough. Based on conversations with dozens of people living in DuPage County, and e-mail communications, I think it is safe to say the people of DuPage County have had enough and want the Board of Trustees to terminate Breuders Contract for cause. You can't go anywhere in public and not hear people talking about it and they are all saying the same thing. Fire him!
Now this concept of firing him is not anything knew for me, as I called for that back in November of 2014 and laid a solid foundation for just that. Sadly it took months for those key points raised to be picked up by major news media, as in the Chicago Tribune.
PLEASE read the article I posted November 14th, 2014 titled "COD Curriculum - Breuder 101- A lesson in ethical conduct", as this article lays additional foundation to what I said almost 6 months ago! (Click here for that article)
So what has happen since then to solidify yet again the justification for termination?
Shortly after US Bank was awarded a no bid contract with COD for Branch Banking on campus we find that Breuder was appointed to the US Bank Advisory Board. (publication of appointment from Daily Herald)
Many will say, including attorneys advising the board, "there is nothing wrong with this because it's an advisory position", and I assume a position that does not pay him anything.
Let's not pay any attention to the "perceived" conflict of interest in this situation that has taken place for months and exposed in what has now become a 6-part serious.
Let's turn to Breuder's employment contract and once again point out the grounds for termination for cause!
The President hereby accepts such employment and will devote his entire professional time, attention, and energy to the performance of the duties of the Office of the President of the College, and will not during the term of this Agreement engage in any other activity whether or not such activity is for gain, profit, or other advantage. However, subject to prior approval of the Board Chairperson, and provided there is no conflict of interest the President may serve on external boards of directors or as a consultant to- other organizations, with or without pay. The Board agrees that the President may serve in a consultant capacity for another educational institution with or without pay provided that such service does not interfere with or create a conflict with his duties as President of the College.
Question: Has Breuder devoted his entire professional time, attention, and energy to the performance of the duties of the Office of the President of the College?
Answer: No! Since August of 2013 he has been devoting time to US Bank Advisory Board!
Question: Did Breuder have prior board chairman approval to sit on the US Bank Advisory Board?
Answer: NO! In fact, the entire board had no clue he was appointed to the US Bank Advisory Board until after it happened. We were told that the position of the Board attorney, after being questioned on this, informed them there was no conflict for him to do that.
Once again we see misinformation and misapplication of the very contract this President is supposed to be bound by. As I said above, pay no attention to the "perceived" conflict of interest. I contend that is an issue, they say it is not, so let's set that on the shelf and look at the contract language!
Did the Board Chairman give Breuder permission to sit on the US Bank Advisory Board? No, they did not and that means he violated that specific clause in his contract.
"subject to prior approval of the Board Chairperson"
Accepting the advisory position without prior approval is a direct violation of his contract!
To ensure everyone we have covered our bases on this, we asked for a "copy of any “approvals” by the Board of Trustees or its Chairperson issued to Robert Breuder since January 2009".
The response was clear! "approvals can be found in the board packets which is located on the college website at www.cod.edu at the Board of Trustees website" and they provided a link that didn't work. I was able to locate the online board packets and there was not a single approval for Breuder to sit on the US Bank Advisory Board were in those records.
Also note that we know the board had no clue this had happen until after the fact because the board actually discussed this with the board attorney AFTER they found out it had happen. They too had a concern of Conflict of Interest. Supposedly, the attorney assured them there was no conflict since it was an Advisory position.
What about the fact accepting the position without approval violating his contract? I suspect no one mentioned that little problem.
His contract outlines what constitutes "cause" for Termination. "The Presidents material failure to perform his duties hereunder, for any reason other than mental or physical incapacity, after the president has been given at least 45 days prior written notice and a reasonable opportunity to cure such breach. "
How does one cure a breach of devoting less than his entire professional time, attention, and energy to the performance of the duties of the Office of the President of the College? You can't! That time has been devoted elsewhere and such a breach can not be cured. The time is lost!
(ii) President’s material failure to perform the reasonable and legitimate directives of the board,
(iii) Misconduct by the President, outside the scope of his employment by the College. Hereunder, which is materially detrimental to the reputation of the board or the College in the community. (Click here for Breuder contract)
The Board should notify Breuder, in writing that he has once again violated his employment contract and terminate him for cause, which is failing to devote his "entire professional time, attention, and energy to the performance of the duties of the Office of the President of the College" by accepting a position as an Advisory Board member to another organization, US Bank.
Such action constitutes a material failure to perform the board directives agreed to by contract. It also constitutes misconduct outside the scope of his employment by accepting a position on another board without approval from the Chairman of the Board, which was materially detrimental to the reputation of the board or the College in the community.