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May 20, 2024

College of DuPage – It doesn’t take a rocket scientist

By Kirk Allen & John Kraft

On January 13, 2016

DuPage Co. (ECWd)

Sorry folks, but it’s time to say, I told you so!

November 30th, 2014, I laid the foundation in this article, with facts that happen to be public records, stating that Breuder’s contract extensions were done in violation of the law.

January 02, 2015,  I exposed evidence that pointed to even more problems regarding the validity of Breuder’s contract in this article.  Note that I specificaly linked in that article to the three “secret” contract extension found here.

July 24th, 2015 the Attorney General confirms, four years late, COD violated the Open Meetings Act when they extended Breuder’s contract in 2011. (article here)

“Because the Board did not state that it was extending the contract of the President or discuss any specifics of the contract extension before taking final action, the Board did not adequately inform the public of the business being conducted. Accordingly, this office concludes that the Board violated section 2(e) of OMA by taking final action on the contract extension at its July 12, 2011, special meeting.”

January 7th, 2016, The motion to dismiss by COD’s Attorney points to one of the same issues we did and stated with law to back it up, “The Employment Agreement Is Void for Attempting to Override Provisions of the Open Meetings Act.”  (article here)

January 11th, 2016, $1,000.00 an hour attorneys file a motion to dismiss and cite that Breduer’s contract is void ab initio, which is what we have said from the beginning. (article here)

Well, actually I said, “What if we were to tell you that he is currently operating without any contract? Is the Board of Trustees so inept that they have not even reviewed his employment contract and addenda to it?”  (November 30th, 2014)

January 11, 2016, DuPage County State’s Attorney issues a letter requesting closed session records after our call for citizens to request him to investigate the day before.  (article here)

Janaury 12, 2016, the COD Board meeting packet for a special meeting has a very interesting document in it.  This is the notification from Breuder to then Chairman Birt regarding his wish to continue for another year.  (notification document here)

How interesting to see that the very document in the recent board packet was already exposed over a year ago with a detailed explanation why those very extension requests violated the law.

I have said all along that those three documents, two given to Dave Carlin, and one to Erin Birt, were never duly acted on by the board and carry no weight in law, thus Breuder should have been removed from employment a long time ago, as I said at the end of this article over a year ago.

Since we don’t know what is in the closed session records requested,  but have a claim in a Federal lawsuit by Breuder pointing to action taken, I firmly believe Erin Birt and the rest of the board at that time took action in closed session in some capacity, which violates the law, the public trust, and every ethical principal expected from our public officials.

As we exposed before, the two extension requests provided to Dave Carlin were never acted on in any open meeting nor placed on any agenda to vote on authorization for him to take action on behalf of the board, thus they are void ab initio.

Now, finally we have a ‘Reform Board’ willing to fix the wrongs by the previous board,  as well as a State’s Attorney that appears to be willing to at least investigate the matter for possible prosecution.

I am betting that McGuire, Wozniak, and Birt will refuse to vote to release those records because I am convinced action took place in that closed session of which they all participated in.

In the event they refuse to come to the meeting or refuse to vote on this matter let it be a clear indication to the State’s Attorney that the three trustees, the “Breuder Board”, should face the full force of our laws to include Official Misconduct for refusing to perform their duties.

I urge everyone who can attend the Janaury 14th, 2015 COD meeting attend and voice your outrage on this matter.

COD Board of Trustee meeting at 6:30 & 7:00 pm January 14th, 2014

In closing, let this be a lesson to public officials that when members of the media and the public point you to wrongful actions within your public body it is in your best interest to listen and take action to investigate those claims.  Doing nothing leads to what we have at COD!


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  • Chris M. Gaines
    Posted at 19:10h, 13 January

    Good job… Good luck! I hope it’s finally resolved so you can focus on other things closer to home in central Illinois. Thanks. Have a nice day.

  • David
    Posted at 22:30h, 13 January

    So let me get this straight. Brueder requests his contract extended to 2019. The Chair Erin Birt tells Brueder in March 2014 that his contract extension is approved. But there is no record of the contract extension in the Board minutes – thus it is illegal and non-binding. To top it off 1 month later Brueder then requests an early separation from COD and wants a severance package over 1 million dollars to buy out the contract! Seems like he never intended to serve to 2019 and only wanted the extension as a severance package bargaining chip. I think his original demand was for over 1 million dollars in severance.