Agenda item: APPROVAL of Request by Illinois State’s Attorney’s Office for copies of verbatim record of closed sessions of the Board of Trustees from February 2014 and March 2014.

McGuire argues that there has to be a subpoena or court order to justify release of closed session records, since there are confidential records involved. It will open the college to further liability/litigation. There must be a protective order.

Bernstein asks for Counsel to comment. Counsel states that the protective order is already in place and that is provided by statute.

Lengthy exchange follows with Birt and Counsel taking haughty tones. Split vote on this item, 4-3 with the boycotters voting no.

Birt pulled Item D and McGuire pulled item L from the consent agenda.

All other items pass unanimously. Olsen mentions his pleasure that his first vote includes granting faculty tenure.

Item D is on the table, Curricunet contract. Birt asks for counsel to comment on tying the hands of future boards, considering that this is a 3-year contract with automatic renewal. Counsel says that issue does not apply to services or commodities. Only applies to contracts in employment agreements.

Item D is then approved by unanimous vote.

Item L, external audit services RFP. McGuire raises some issues with RFP language, corrections. Also raises issue of three-year contract with auditor, is this a problem? Counsel says that it is services, not an employment contract. Other details are discussed. This RFP is urgent, Dishner says. They agree to amend the motion so that language can be corrected and the RFP issued without needed further BOT action. Amendment passes unanimously. After more discussion, the main motion passes.

Long exchange on information item 7b, financial statements. McGuire raises questions about investments, disposal of depreciated equipment, responses from Alix Partners consultant who has been cleaning up accounting practices.

7d McGuire asks about money remaining in construction contingency fund for Naperville Center. Response from Schmeidle. There are some needs for new handicapped signage then the rest will be turned over.

7g McGuire very excited about the new farm program.

Chairman’s report: a quick rundown of future meeting topics and plan for getting board business back on track.

Student Trustee report: Black History Month statement. Invited speaker Princess White, sophomore English major, recounted history of Black History Month. Acknowledges hard sacrifices that made her own opportunities possible. Calls for unity of one race, the human race.

President’s report: establishment of task force to address HLC probation, enrollment numbers holding up well in light of overall decline in community college enrollment statewide. Return to regular employees in Finance Dept.

Presidential Search Committee, Lee Daniels: Reviewed committee’s work so far. So far 385 applications received, very wide variety of applicants. Consultants reduced to 64 qualified, now down to 20 after phone interviews. These will be interviewed by consultants, the committee does not have the names of the final 20. Continuing to review new potential candidates as well. Next round will be 12 candidates presented to the committee confidentially. Interviews in closed sessions, following Open Meetings protocol.

McGuire expressed concerns about Hay & Co being the search firm, not qualified, inappropriate, will have a problem with any candidate brought forward by this firm. Some search committee members too close to former chair. Questions whether a subgroup of the committee is operating as a committee of the whole.

Daniels says that the committee so far has been very pleased with what they have gotten from the consultants. Also names committee members and states their commitment to the betterment of the college.

McGuire brings up language of contract in which Hay agreed to terms based on hiring other execs in addition to president. Repeats that she does not trust process, does not trust this firm.

Daniels tries to placate her, says please wait for the recommendations of the committee before making a judgment. There is no preconceived notion of who the president should be.

Exchange between Mazzochi and McGuire about the contract with Hay and the multiple searches. McGuire worried about the expenses outlined in the RFP for the other searches, which are now not being conducted by that firm. Mazzochi tries to shut down the question saying that the contract would have to be discussed in closed session.

There are a few other exchanges between Daniels and trustees.

Good evening, I’m Glenn Hansen, president of the Faculty Association and Senate.

Tonight is an important night for many of our colleagues, on behalf of the full-time faculty I would like to extend our congratulatory wishes to the faculty members who are being recognized by being awarded tenure by you tonight. While there are state laws that govern tenure of college faculty, it is the recognition of this significant milestone by you that is very important. It is an achievement that all faculty members strive for.

This evening is also an important night for COD. We have again seven trustees. We hope this guarantees a quorum for every meeting moving forward. Thank you Mr. Olsen for accepting this important position. Welcome to COD.

We hope that tonight also marks the end of the bad public behavior that has led to probation for COD. When members of the Board abdicated the responsibility to select the 7th trustee, you lost your right to complain. It is time to sit down and conduct business. Agree on the College business that is prepared and brought forward. Leave the partisan politics at the door and when appropriate agree to disagree, politely and professionally. Please.

RIchard Jarman, VP COD Faculty Assn.

There have been technical difficulties with the audio tonight and we do not have a blogger in the room. Regrettably, we were not able to capture the new trustee’s introductory remarks.

We pick up with some of the public comments starting at about 7:20pm. Faculty leadership’s comments will be posted in full in a separate post.

Several speakers commented favorably on the new free speech policy and thanked Dr. Collins for its implementation.

Laura Riegle spoke about the downgraded bond rating and chided the boycotting trustees.

Mike McPherson spoke about photos of the college sports teams.

Bill Graham, local resident, supports new trustee Olsen and expresses thanks for willingness to serve. Looks forward to less drama and more business being done.

Clare Ball, member of local Libertarian group. Welcomes David Olsen but protests the process of his selection, disregarding existing pool of candidates. Selection was politically motivated. States that she is angry only at the boycotting trustees who gave up their vote.

John Kraft, Edgar County Watchdogs. References drama created by the boycotting trustees and their dysfunctional legacy.

Roger Kempa. A lot is being rammed through this meeting, lacking documentation. Discussed goal of new financial policy to create more transparency.

Miguel Marino, was involved with student government and later a COD employee, still has faith in board to find balance. Congratulations to Trustee Olsen. Young people can take on big roles. Don’t fear conflict, it is a step toward change and progress.

Kirk Allen, downgrading by S&P traces directly back to bad governance. Asks that all trustee and administrator wine/dines be reimbursed to the college. Points to collusion between Breuder and BOT Chairs Birt and Carlin. Closed session recordings must be released. Voting against it says you have something to hide. References how the Watchdogs have found a second secret contract with no work product, made by Glaser, that the BOT had no knowledge of. Pursue criminal charges for theft of taxpayer funds.

Paul Lefort, 47-year DuPage resident. Support of ethics training on the agenda tonight, lists details of 10 serious ethics breaches.

Keith Yearman, Prof of Geography. ICCB has been silent or inactive when complaints brought to their attention about issues at COD. Apparently has no enforcement authority. Its own executive says it is a primarily a coordinating board. Legislature gave it no oversight authority or neutered it over the years. Call upon Jeanne Ives to lead effort to give it more authority.

The two factions of the BOT each called a meeting for this evening. The boycott trustees called theirs at 5:30pm, and the Clean Slate called theirs at 7pm. The agendas and board packets are the same.

The bloggers will not be covering tonight’s meetings. We encourage everyone to watch the live stream at this link:

http://www.cod.edu/multimedia_services/botmedia.aspx

As usual, we refrain from editorial comment.

Full text of Secretary Napolitano’s comment during open Trustee discussion:

There were a few questions/comments about items listed on the consent agenda.

Bernstein addresses the absent trustees and asks that the consent agenda be the agenda for the special meeting next Thursday so that items crucial to the operation of the college can be dealt with.

Napolitano describes a conversation he had with McGuire just after learning of Hamilton’s resignation. McGuire asked Napolitano to support her for chairman and said that she wanted to overturn the voiding of Breuder’s contract. She wanted to bring him back and end his lawsuit, as well as reinstate Glazer and Spayta. She said she would cease cooperation with investigations. Other details about the attorneys.

Mazzochi points out RFP in current board packet for board training in ethics and governance. Will not be issued until there is a board quorum. Hopes that by continuing trustee discussions, will be able to move quickly through backlog of business. Closes meeting.

Mazzochi launched into another commentary about COD’s response to the HLC findings. She expressed concerns about the memo circulated earlier today, not sure that enough is being done.

Collins and Mazzochi faced off. Collins says that the board is not here, and that three trustees cannot give him direction. They go back and forth. “You can’t discipline me.” “That sounds like a threat.” Mazzochi insists that it is worthwhile to have the trustees who are present ask questions and give feedback. Collins says that he has extensive expertise with HLC and has served as reviewer himself. They should trust his expertise and know that he is doing his best to use that expertise. Mazzochi comments that despite his expertise, we find ourselves on probation.

The tone of this is tense…. goes on for a while.

Mazzochi says that the SLEA situation is a perfect example of her concerns about a lack of “soul searching”: it’s not enough to stop awarding the credit; she wants to know what structural or systemic issues allowed this to happen, and/or what personnel were responsible, and how have these been resolved? Kartje is called on, says she will provide report later. More discussion between Mazzochi and Joe about the SLEA whistleblower and whether faculty concerns are taken seriously.

Roark says that she wants to see more progress on faculty – administration relations.

Bernstein says that he would like to see the response further fleshed out.

Mazzochi responds to Roark that she had wanted to include a presentation on the reasons for the VNC on this meeting’s agenda but postponed until there can be a quorum.