5/2 Board of Trustees Special Meeting Post 1

7:00 pm. Meeting is called to order by Chair Mazzochi.

Pledge of Allegiance

Roll call. Wozniak absent. All other trustees present.

Public Comments:

Keith Yearman, Professor of Geography

RECENT ITERATIONS OF THIS BOARD HAVE COME UNDER PUBLIC AND LEGAL SCRUTINY FOR ROUTINELY VIOLATING THE OPEN MEETINGS ACT. I’D LIKE TO CALL ATTENTION TO FURTHER OPEN MEETINGS ACT VIOLATIONS FROM AN EARLIER ITERATION OF THIS BOARD – THAT IS, THE VERY BOARD THAT IMPOSED THE BREUDER PRESIDENCY ON THIS COLLEGE.
DURING THE OUSTER OF THEN-PRESIDENT SUNIL CHAND, THE INTERIM PRESIDENCY OF HAL MCANINCH, AND THE INFANCY OF THE BREUDER PRESIDENCY, THE BOARD SET ABOUT TO REWRITE ALL BOARD POLICIES AND PROCEDURES.
I QUOTE BOARD MINUTES: “IN SUMMARY, THE BOARD APPOINTED TRUSTEES ATKINSON AND CARLIN AS A TWO-MEMBER COMMITTEE TO REVIEW THE BOARD POLICY MANUAL.”
IN ADDITION: “ALL SUGGESTIONS AND CONCERNS WERE CAREFULLY REVIEWED BY THE COLLEGE ATTORNEY, THE PRESIDENT AND BOARD POLICY REVIEW COMMITTEE…”
NOWHERE CAN I FIND RECORDS THAT THE BOARD POLICY REVIEW COMMITTEE EVER MET IN PUBLIC, HAD PUBLIC VOTES, OR MAINTAINED MINUTES. DESPITE THE VOCIPHEROUS PLEAS OF THE FACULTY TO STOP, THESE ACTIVITIES CONTINUED OUT OF THE PUBLIC EYE. MANY OF THE STRUCTURAL ISSUES ADDRESSED BY THE REFORM BOARD THIS PAST YEAR WERE DIRECTLY ATTRIBUTABLE TO THAT COMMITTEE.
SO WHILE WE’RE BACKTRACKING ON BREUDER’S CONTRACT EXTENSIONS DUE TO OPEN MEETINGS ACT VIOLATIONS, CAN WE PLEASE ALSO LOOK AT THE ACTIVITIES OF THE AFOREMENTIONED BOARD POLICY REVIEW COMMITTEE AND WORK TO INVALIDATE ITS ACTIONS?
IN ANOTHER MATTER, CAN SOMEONE PLEASE EXPLAIN HOW THE COLLEGE’S ETHICS OFFICER WAS APPOINTED? HISTORICALLY I BELIEVE IT WAS THE HUMAN RESOURCES DIRECTOR (THIS POSITION HAS NOW BEEN ELEVATED TO THE LEVEL OF VICE PRESIDENT. HOWEVER, IN A RECENT E-MAIL FROM THE VICE PRESIDENT OF HUMAN RESOURCES, IT SEEMS THE INTERNAL AUDITOR IS NOW OUR ETHICS OFFICER.
DID ANYTHING COME BEFORE THE BOARD AS RELATES THIS POSITION? SHOULD IT HAVE? HOW IS THE ETHICS OFFICER ACTUALLY APPOINTED HERE? THANK YOU.
George Macht, Retired faculty of 34 years
Reflections on experience with David Sam. I worked with him when he was administrator of International Studies.I would like to talk about the long-term implications of his tenure here — David searched me out, and was instrumental in putting together US AID grant money for me to go to Costa Rica. That helped them develop guidelines for their tourism programs. David has had some long-term effects upon COD , staff, faculty and primarily students. He really stimulated me to do more global work. I had the opportunity to bring more than 20 groups of students to various countries. It helped us globalize our hospitality program. David’s  management style was facilitator. He did not manage. He told us the outcomes he would like to see, and let us figure out how to get to them. He relied upon the faculty and their expertise. He didn’t work here for a long time but he had a long lasting impact.
Beth Kane
One of the candidates has more experience, has more degrees, than the other two combined.  Only one candidate has experience with the HLC. One candidate has your COD student endorsement, based on the student newspaper. If being an attorney is important, there is only one to consider. Someone with union and collective bargaining experience. For these and many other reasons, you have one clear choice: David Sam.
Judy Wherly
Thank you to the current version of the BoT and the majority of 4 that seem to be working hard to move our school in the right direction. I feel hopeful that COD is on the right track. We want to keep our accreditation. Thank you for your long hours.
Dan Westlake
Universities and colleges need different kinds of presidents at different times. COD needs at this moment of its history: someone with an on-going familiarity and thorough background in the operations of community colleges. We don’t have time for a learning period. We need someone with energy and enthusiasm. Someone who listens to administrative staff, faculty, students and community members. Warmth of personality. Openness to work with all groups of people. Openness that fosters trust to bring people together in pursuit of a common goal. Awareness of specific actions to bring the probationary period to an end. We need somebody with humility and a sense of humor. I was here and listened carefully to all three candidates. I believe that only one has all the qualities essential to lead this college forward. David Sam.
John Kraft
I hope you guys thought long and hard and picked the right person who will do the job
In December 2013 I submitted my first FOIA, and now you’re here to pick a new president. I wish you luck. Thank you for sending in your statement of economic interest on time. Please make sure Wozniak gets his in. And then make sure someone reviews it for him.
Kirk Allen –
I trust your judgement on the president. Good luck.
During a past meeting you had an admission from Chuck Currier that records were destroyed w/o permission from the state. Will any action be taken against the person who destroyed those records in violation of the law?
Bruce Schmiedl assisted a Foundation Board member by providing misleading information to the state handling the prosecution and misleading information to the Board about this situation. Your interim president kept information from legal counsel of this school. Is any action going to be taken against these two individuals?
A 2014 FOIA request pertaining to any records destruction policy I was provided the 81-286 application for authority to dispose of local records. As you now know, an amendment to that application dated January of 2011 was withheld. In addition, Application #12-157 was not provided even though it was applicable to my request. Who is responsible for that information being withheld under my Sept 2014 fOIA request and is any action going to be taken against them?
Jan 8 2016 I contacted the states’ Attorney’s office and provided my complaint pertaining to the Open Meetings Act violation exposed by Brueder’s filing in the Federal courts. Clearly with tonight’s action on the OMA violation, it was clear the past Board violated the law. Assuming this item passes tonight, I am asking that the applicable portion of the closed session recordings be released so the public can hear for themselves the entire exchange that took place regarding Breuder’s contract matters.

I hope the College’s motion to dismiss Breuder’s case succeeds but part of me wants it to go to Discovery. Such Discovery will show that past Chairman David Carlin also violated the law by extending Brueder’s contract without any vote, open or closed. The past actions of so many people is what has harmed this institution, not the select few that got elected an appointed who are doing their best to fix the actions of others.

Miguel Marino–
I am upset Dr. Collins is not here today as I planned to say something to him. I want to thank him for all his work. He is a true servant leader and held COD together during a hard time. I don’t like speaking on behalf of people. I would like to change the I to “we” We thank you Dr. Collins for your hard work. We thank you very much.
Paul Lefort —
DuPage resident. I feel compelled to challenge the rash Brueder trustees about their comments regarding presidential candidates. Those trustees chose not to attend Board meetings and not to participate in the presidential search. voting now without ever interviewing the candidates without interviewing the candidates i the epitome of hypocrisy. There has never been a tiny hint of apology regret or acknowledgement of any responsibility from the Brueder era BoT members. they continue to use the media to further their agenda. Journalists who put forth those articles are not behaving like journalists. Back up in public debate your accusations with specific facts. Your attempt to drive away qualified candidates is noticed by all, but it didn’t work.
Richard Jarman – CODFA VP

Before I get to the main event, I wanted to reflect briefly on the last meeting where Buffalo Theatre Ensemble was brought back. Obviously we were delighted at the decision, although we recognize that there will be challenges ahead to meet the objectives. But I did want to commend the entire board for how the item was handled. While there were obvious differences among board members on some key issues relative to BTE, the discussion was reasoned, specific, courteous, and without the palaver that has accompanied so many discussions these past twelve months. With the ever watchful eye of Big Brother HLC on the college, this set a favorable example. And we don’t need 7-0 results; unanimity is not the objective. Argument is good; disagreement is good, provided it is conducted in the appropriate manner.

Talking of twelve months, events recede from my memory at alarming pace; I have become increasingly dependent on Facebook for its friendly little reminders of events past. This past Saturday FB reminded me that April 30, 2015 was when the former president was put on leave.

Which brings us to tonight and the selection of the next president. I think I can speak for all the faculty in saying that we are happy that the decision is being made sooner rather than later. What is there left to discuss, other than for you as the board to assess the responses on the forums, which I presume you have been doing, and now come to consensus.

In her Daily Herald interview, Chair Mazzochi identified the lack of trust between faculty and administrators as a big challenge, and that the new president will be instrumental in resolving this problem. I tend to agree that, while the regime is over, there is a tendency for some to still live in the past. From this day forth, the future begins. Whoever you select, as a representative of faculty leadership, I pledge to work with the new president for the greater good of the institution.

Thank you

Roger Kempa, COD class of ’72
Attended the Audit Committee meeting. Was allowed to speak.
Item 9 — recommendation for external audit services. This was not done in an open transparent matter. The recent audit selection is not commensurate with its size. This was a closed process. A committee comprised of college staff in financial affairs decided this selection. This is counter-intuitive and lacks common sense. They should know better. This is asking the fox to guard the hen house.  52 proposals were solicited. But the committee selected Crowe Horwath -. they have been here for some years now.
Glenn Hansen, CODFA President
The faculty of College of DuPage fully support and appreciate the decisive action being taken by the Board of Trustees to brig this process to a conclusion by meeting on Monday to select the next president of College of DuPage. This is the most important decision that can be made to move the College forward. We have had ample opportunity to provide input to the decision and appreciate the quick response by the Trustees. We have been in a state of limbo for far too long, the students and community deserve progress.
Public comments conclude.
Chair Mazzochi requests a motion to go into closed session. Motion passes.
Board goes into closed session.  Chair Mazzochi 45 minutes to an hour.