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April 24, 2024

College of DuPage to vote on Consent Judgment in Berlin v. COD Board of Trustees –

By John Kraft & Kirk Allen

On April 29, 2016


A Special Meeting is scheduled for Monday, May 2, 2016 at 7:00 p.m.

One of the items to be considered is item number 7, “Approval: Consent Judgment In Berlin v. Board Of Trustees Of Community College District No. 502.”

This is the filing of the DuPage County State’s Attorney regarding the alleged violation of the Open Meetings Act on March 6, 2014 where the then-legal firm had a “show of hands”, which constituted a vote, to authorize former Chairman Erin Birt to inform former COD President Robert Breuder of his contract extension.

The Consent Judgment admits the Board of Trustees violated the Open Meetings Act by taking a vote in closed session. It also declared the extension of Breuder’s contract “null and void”.

  • Declare the Board violated the Open Meetings Act
  • Declare the final action null and void
  • Injunction against the Board and its successors from taking any future final actions in closed session in violation of the Open Meetings Act

The Edgar County Watchdogs’ Kirk Allen first noticed this alleged vote while reviewing a court filing of Breuder’s in relation to his civil suit, in which he mentioned this action, but there were never any public meetings or minutes reflecting such action.

Let’s hope this Board approves this Agenda Item with a unanimous vote!

This should set an example for other State’s Attorney’s around the State of Illinois, and to public boards – that the Open Meetings Act does mater, and is not simply an inconvenience.

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1 Comment
  • Danni Smith
    Posted at 18:59h, 29 April

    why hope for an unanimous vote? It took me awhile to get mcguire, wozniak and brit. Now that I do I prefer to stay unconfused.