College of DuPage & Foundation co-mingling?

DuPage Co. – (ECWd) –
Article II (N) – “To acknowledge the Foundation as a separate entity from the College with expertise in coordinating and in implementing  all aspects of a resource development department and in maintaining a comprehensive, growing fundraising program.”  (From Memorandum of Understanding between the COD Board of Trustees and the COD Foundation)
Considering, by law, the Foundation is a separate entity as well as is outlined in the memorandum of understanding, can anyone explain why Interim President Joe Collins is communicating with the College HR department and informing them of a Foundation position?

“The College of DuPage Foundation is seeking a Director of Finance”

Well good for the Foundation.  They are scrambling to find a person to handle their Director of Finance position and that is their problem, not the tax payers of District 502.

Even more interesting in this move by Collins to fill this seat is the explanation as to who this new Finance Director would answer to, which is no one at COD, but instead they would answer to the “Executive Director of the Foundation and the Treasurer of the Foundation”

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Why is that of interest?

Article II (G) – “To have the President of the College recommend to the College’s Board of Trustees, after consultation with the Foundation’s Board of Trustees, a person to serve as Executive Director of the Foundation.”

It has always been the COD Board of Trustees who approve the position of Executive Director of the Foundation and also approve their compensation.  The past position was held by Catherine Brod who retired in October.

To date there has not been any recommendation to the COD Board, and considering Collins is submitting paperwork to the HR department, one can only wonder what he is up to.  If this position moves forward as outlined then the COD Board of Trustees would have no authority to question that person when problems arise as they did with Catherine Brod and her acceptance of illegal grant funding.

If the Foundation is using this tactic as a way to shield the person in that position it may be a violation of the agreement which could force  termination action.  At a minimum, in my opinion, the entire agreement needs to be revised to properly separate these two entities as it is clear COD is covering all the expenses for what appears to be a glorified tax shelter operation.   When public funds are used to fund their operational needs it is clear they are co-mingled and should be subject to Freedom of Information requests.

The Memorandum of understanding specifically requires the President to make a recommendation to the COD Board of Trustees, of which they would either approve or disapprove.

Why now are obligations contained in the agreement being ignored by Collins?

I say ignored because clearly the position being created  is under the full control of the Foundation as outlined, and that means there is no COD Board approval needed, which is contrary to the past appointments to this position.

If the Foundation is looking to fill this position, and it is to be paid by the foundation, then clearly the interaction with the HR department is yet another example of how these two entities, COD and the Foundation, are co-mingled in their operation.  An indication that they have not followed the most basic direction contained in their agreement.

Of additional interest in the agreement is the fact it is dated just 6 months after Breuder shows up at COD.  This agreement is between the Board of Trustees and the Foundation however we find Robert Breuder signing the document on page 8.  Why would a person not named in the agreement be signing the agreement? (See page 8)
I believe the HR department has no business doing any work on this position as it is a position for employment by the Foundation which makes it their problem not the taxpayers of District 502.
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