Meeting reconvenes. Birt calls for a motion to approve the retirement package.

Second.

Motion passes.

Discussion.

Attorney Florey reads the document “Reason for Consideration” Document read into the public record. The document gives background on the retirement consideration. Fourth Addendum accepts early retirement and the lump sum severance package.

Florey reads all the details of the Fourth Addendum.

Now the item is opened for discussion.

Trustee Savage. Two comments: First his contract is a legacy left by Trustees that are no longer on the Board. A very rich contract. There were automatic renewals build into this contract. There are other contact elements such as a majority needed to terminate and a 45 day clause in case of behavior.  May 7th 2013 the BoT already voted to name the building after him. I was against it then but that ship sailed in 2013.  In a better world there would not be severance payments but there are, and that is the contract stipulation. We have to pay out the contract. I am listening to public comments that say we should end this today are sort of disingenuous. We were not involved in writing this contract but we have to honor it. But we have to honor the contract and find the best way to move forward.

Birt asks for other comments from BoT meetings.

None.

Chair Birt says that Attorney Florey will address the issue of secrecy that has been brought up tonight.

Florey: Open Meetings Act has exceptions. Common exception is personnel reason. That reasoning is sound. It allows Boards to negotiate personnel matters they could not successfully negotiate without this.  The same is true in collective bargaining. Also real estate and othe business contracts all have these things that are negotiated in closed sessions to protect the bargaining process.

Trustee Svoboda — If I didn’t care about COD I wouldn’t be sitting in my car for the last 2 1/2 hours to be in this meeting. MY actions are taken seriously for the interest of the college.

Birt says “I echo TRustee Svoboda’s comments. Everybody at this table works very hard at this. We tried to quantify his salary and his benefits — 1 and 1/2 times what we would be contractually obligated to do. We are taking into consideration this valid contract and debated this in closed session. We took this very seriously.”

Trustee Hamilton –I want to address my fellow Trustees. Actions define our character. What we are about to do….I ask that every voter in this District watch this vote very very carefully.

Secretary O Donnel calls the roll call vote. Voting on the motion to approve the 4th Addendum to the contract as described by Attorney Florey.

Chair Birt — any other Board members have any other comments or questions.

Student Trustee yes, all Trustees except Hamilton vote yes.

Loud boos and calls from the audience.

Now time for public comments:

Mark Mazieski — talks bout how in law school they are taught to review contracts thoroughly, in context, not in isolation. To do that violates the process of  contract review. That’s what you have done today. You presented the Fourth Addendum. You did not provide this audience with a copy of the First, Second of Third Addendum. So how can we provide you with meaningful comments when most of the documents are missing from the public record.  Where is section H on indemnification mentioned here?  This is a numbered document not a lettered one, so where is it?

Susan Duboff

Student — Dr. Brueder is a disgrace. (He addresses Dr. Brueder directly — he calls him a coward and asks him to speak to him directly) Do you care? Do you have any guilt? Do you? You sit there quiet all night? Do you enjoy this?

(Birt interrupts him to say that this is not adding new information for the BoT to consider and asks him leave the podium)

I don’t think the building deserves to be named after Robert Brueder.

The police remove the student from the podium.

MY late wife was an employee here. My son was on the soccer team. I have connection to this college. I disagree with the severance pay. Was this part of the original agreement? I doubt it. Dr. Brueder did the same thing at Harper, though at Harper he only got 500,000. He seems to have improved his technique.  I hope that since COD has such significant discretionary funds it can reduce the hourly rate for students which has been going up. BoT take the high road and rescind this package.

Andrew Elm. Americans for Prosperity, Resident. I represent 1000s of other DuPage citizens. Who would have imagined these comments that have been made in the press about a suburban community college? The largest severance package in state history, and done in secrecy. COD is one of the largest taxing bodies in some of the counties with some of the highest property taxes in the nation. This BoT has an incredible fiduciary responsibility People are upset, angry, and are after you. Rumors that COD 762,000 of money that COD is supposed to get from the State should be taken form that amount. and they have broken it with this 762,000 package. This BoT has reduced public confidence in government bodies. I ask you to do the fiscally responsible thing and take a stand against this massive payout.

Representative Ives. Greetings from Springfield. You don’t understand the reputation damage you have done to this college and what is being said in Springfield. I cannot argue for COD in Springfield anymore because of what you have done to COD’s reputation. IT is up to elected officials to do the right thing, regardless of legislation. Contract meetings in the open — that’s the right thing. (Speaks of legislation she has introduced in Springfield) Have you not learned anything from the METRA scandal when they gave a buyout to Alex Clifford??? last year — the METRA head

Peter Cooper. Resident. Congratulations. You have unified Republicans and Democrats in opposition to your actions. I want to speak to you Trustees. I know how difficult your position is as an elected official. You’ve come to this meeting having taken a position you know is wrong so you must think how can I go back on this position, because now you realize the people who have elected you  want you to do something else. Step back and be embarrassed if need be, but do what you constituents want you to do. Do this the right way — give appropriate notice and time to the public and see what they want.

Peter Breen — State Representative. COD is a savior for its students in these difficult times. (Talks about the various issues that have come up about COD lately – like satellite phones, hunt clubs, etc) These things look like extravagances to us in Springfield. I also see you are using taxpayer funds to conduct a public relations fund — public money being used by the College to attack the people who are here today. This severance package is unprecedented in a community college. This BoT has violated people’s trust. You censured Kathy Hamilton when she should have been given an award. The people of your County are against you BOT, so you need to change your position. Listen to them.

Robert Boak. From a rural community about 200 miles south. I am not used to crowds, talking in front of people, or cities. But I have been reading articles, and for the last hours listening to people who I think are telling the truth. Do the right thing. Say no.

David Goldberg. Faculty in Political Science. I noticed that the faculty have been conspicuously absent in all the platitudes heaped upon the President.  Faculty is the only constituent that generate revenue. Administrators spend a lot of money. Today the BoT is here to vote on the 4th Amendment. The 1st Amendment was signed by MacKinnon and Carlin. (describes some details of the previous contract amendments) The process that brought this President here was shrouded in secrecy. Tonight you can rectify that. At least strike the clause that allows this President to help name his successor. Strike that clause.

Claire Ball. Candidate for the BoT. Community College was my first try at learning, and is close to my heart.  I am here to hear the rendition of “we make the rules, you pay the bills.” By Dr. rueder and the BoT. The lengths the BoT has gone for this show have been outstanding. Months of secret. Not reading the details before the vote. Calling the question before Kathy Hamilton could finish her comments.  The Bot has done a masterful job at lack of transparency. IT may seem a little over the top but let’s see if you burn down the house tonight.

Patricia ????  Thanks the lawyers from the Watchdog groups that had the lawsuit today. I’m a nursing graduate. Dr. Brueder you have scarred the reputation of this college. Kathy Hamilton, thank you. You have done the right thing.

Chair Birt takes a motion to take a break.

Voice vote — brief break.

Audience member who is a student asks audience and the Administration to stop the behavior. This institution deserves better.

Jan Shaw. Have been here frequently. This is a mulligan. You don’t have to vote the same way you did last time. It would be fine for Dr. Brueder to leave tomorrow. Instead of getting a golden parachute, how about repaying what you have spent at the Waterleaf? And BoT think about retiring too.

Beverly Perlson. Thank you Kathy Hamilton. Why are you naming this building after Dr. Brueder? You have a very brave young man from Wheaton (She quotes a speech about Sgt Robert Miller that was given by President Obama when Miller was awarded the posthumous Medal of Honor about his bravery in battle when he was killed) This building should be named after him.

David Goldberg.I am turning my time over to Mrs. Mary Kranz. Former Trustee 1995-2001 of COD BoT. Also served as chair. I came to speak about being fiscally responsible. This severance pay is outrageous. The taxpayers of  our district, COD cannot afford this. Bot’s inflate administrator salaries and benefits which does not help our state’s finances. You are elected to be responsible to your public. Current BoT incumbents, take your names off the ballot in the upcoming elections.

Stephanie Torres. Former Student Trustee, SLC President. You are in a difficult spot. You have reviewed this matter. You need to listen to the public, but you should also take into consideration Dr. Brueder’s many accomplishments.

Dwayne Bradley. I will not repeat things that have already been said. I know of nobody who voluntarily retires who gets over 760,000 as a gift to retire. MAny people in this district and in this room only get 30,000 a year for their pensions. As Bot members you represent the taxpayers, not the President of this college. Take the taxpayers opinions into consideration. You should be ashamed of yourselves for giving him this money. Frivilous expenditures have already been enjoyed. Brueder should be ashamed of what he has taken. Brueder should resign and so should all 6 of you who voted for this package. The 6 of you are not supportingthis community but instead supportin the extravagant lifestyle of Dr. Brueder. MAybe Lisa Madigan’s office should get involved. I make a motion that Dr. Bruede and this Board resign right now. Do I have a second?

Lots of ayes from the audience and applause.

Rick Lightheart — I am going to take a different approach to this. (HE then quotes PEter in the Bible about Greed. I am a theologian and I work with churches. We have to protect people from falling into avarice and greed. I don’t think Brueder is a bad man. I think he is a lost ma You need to protect him. This is not a money issue. It’s a spiritual issue. It’s tough to get repentance in church and it is tough here. Brueder, you are in a mess, and so is the BoT. You have a way out. But you have to confess it. I strongly encourage you to find a pastor in Wheaton to get help form. I’ve seen it all. The pinnacle problem is your fear of confessing your sins. If you want to talk to me, I’m there for you, Brueder. I encourage you to pray. This is a spiritual issue we’ve got going here.

Heidi Mullan. Former COD student. Also her husband, and her son is currently there. Our family has a vested interest in this school. And this community. Last week 6 people in this room forgot or ignored what their title means “Trustee.” One to do something that is entrusted. We have entrusted our hard-earned money. You have disgraced yourselves by violating our trust. And it wasn’t the first time you did this. Or even the second. If you vote again for this tonight, you will show us you are no longer entitled to the word “Trustee” because you have violated that agreement. I urge you to do the right thing and vote no.

Peter Breen. Resident. Why has your lawyer not warned you that your attempt to pass this retirement without disclosing this information is a violation of the Open Meetings Act. (Goes on to discuss why so much of the BOt’s actions are hard to understand) ThisBoT is the worst possible negotiator that gave up everything without even negotiating. Why would you want to name a building after a man who does these things?  a man who engaged in litigation with Glen Ellyn? Hasn’t reported on facilities spending. THe 20 million grant that was denied? The embarrassment? To seal records at the Court? The incumbent BoT members need to explain their position. Maybe tonight.

Jack Thorne — DuPAge County resident for over half a century. This is a shame what I have seen happen over this past decade. I don’t think Brueder should be given that tremendous package. It would be nice if he left tonight together with the six BoT members who voted for this package.

Roger Kempa.  Graduate of COD, class of 73. Also a BoT candidate. (Mentions the 1.2 million dollar water fountain. How does that help education?) (Discusses how Brueder’s letter discusses retirement as a life decision, that he has been here twice as long as he planned to be. He wants to retire early but wants to stay on the taxpayers shoulders by taking the severance package) Dr. Brueder should leave now if that’s what he wants, just like any other administrator.

Jill Spielman. IS a teacher, for progress and for common sense. I have a small business. I have clients. If I cancel a contract, I do not expect my clients to pay me for the work that I am not going to do. If Brueder wants to retire, let him do it. Use common sense and reject any severance package for Dr. Brueder. I challenge our lawmakers to make a law that would prohibit severance packages for public employees. Name it after Dr. Brueder.

Frank Napolitano. agenda item 6. Proceduarl reason for our being here tonight. I want to talk about the opportunity that procedural error brings us. It’s called a “mulligan.” An opportunity to do what’s right. Serve the people you were elected to represent. We’ve heard from many people tonight about this package. Now listen to the people here tonight, you are public servants, and reconsider this item, and also do not  cut off people who want to speak here at 8:30. Let the people speak.

Adam Andrejzewski. OpentheBooks. We’ve paid scrutiny for 8 months to every single penny of expenditures made by COD. Yesterday we filed suit to keep Chair Birt from keeping people from sitting in a separate meeting watching this on screen. Thank you everybody who is here tonight I thank all of you. You BoT have admitted that you negotiated Dr. Brueder’s contract in secret. You’ve admitted this. (He goes on to be specific about what has happened in violation of the Illinois Open Meetings ACT) Yesterday the Chicago Tribune published an article about these secret meeting. Never has Brueder’s contract been properly placed on a meeting agenda. At stake is nearly 3 million dollars of compensation,  4.4 million dollars who will be paid out if this goes through. Your college is a community college and your students are working people. Start listening to your stakeholders.

REsident — Richard Skota.  this is not a regular meeting for this BoT. We are all facing each other. Traditionally there are 5 seats for public speakers and five police officers to guard them. This BoT had to be badgered into bringing in the American flag. They still refuse to say the Pledge of Allegiance. Malfeasance has happened here. Even though you may not have committed it yourself, if you were aware of it and did nothing to stop it, you are as bad as the person who did it. The angst of this audience is improperly directed at Dr. Brueder. Nothing could have happened without the complicity of this BoT (he names all except Hamilton) We should be asking Dr. Brueder to resign, we should be asking you to resign, BoT. Not Brueder. We have something simple to guide us for the future — no Savage or Svoboda or Wozniak — do not vote for them in the upcoming election.  Also please tell me Dr. Brueder you have not killed an elephant.o

Stew Gilgis. I am angry with the BoT also. They have allowed this management and fiscal irresponsibility. Brueder and administration outrageous contracts, acted in secrecy, stifled conversation,. You would have been fired in the private sector immediately. I ask Kim Savage nad Nancy Svoboda, please reconsider and withdraw your names fomr candidacy. We taxpayers have lost our trust in you based on your performance. If you were to reelected, the public scrutiny, criticsm and spotlight, will all continue for the next 6 years.  Please all other trustees (except Hamilton) consider resigning. It must be very stressful for you to listen to all the criticism from all the citizens andperhaps that’s why you keepo so many things hidden from us,but we arenot going to go away.

Charles Bernstein. All 3 of my kids went to COD. My remarks go to the BoT. HAve any of you except Hamilton ever met a Brueder initiative that you didn’t like? You are here to exercise some responsilbilty. I have been watching the scandals that go on and on. The harm that has happened to the reputation of this college, how can you vote for this severance package? How can you make it worse? I ask you, think about it. I urge you to change your vote.

Kathy Hamilton. Tonight if this majority approves this matter it will be the worst rubber stamping I have ever seen. This Bot could not find the right way to do the wrong thing. Now they think they have found the right way to do the wrong thing but they have not. In the Trbune this morning our college could not answer a simple question — why were previous contract changes done differently? The College says “I have no answer.” Tonight inaddition to shovel 762,00 to Brueder, this meeting is also to ratify those previous contracts.  We should fire Dr. Brueder. Look at this circus he has created. Look around please. The community is not with you. The Tribune article shows that Brueder has already damaged this college’s reputation. (She names so called audits, booze accounts, radio scandal)

Standing ovation for Hamilton

Residnet — I read in the Tribune what has happened here. I came to see what have the people of DuPage done by putting you on thisBoard? The best dressed collection of gangsters I have seen. You sit there stoic,unreactive, except Wozniak, who appears amused by these comments. If you have any pride or care for this community, think about what you have done. Try to retrieve your reutation or yo will go down as the most corrupt Board this community has ever seen

Joe Wozniak Sr. Candiate for COD BoT. MY request tonight is for the BoT to vote against the severance package for Dr. Brueder. Pay him his normal salary until here retires. Only that. Naming the Homeland Security Building after Dr. Brueder is sufficient honor. The taxpayers do not need to fund a 760,000 buyout. BoT,do what you can to stop this buyout. COD is a public college. Do not waste our taxpayers dollars. Our State is in debt. Let the buck stop here, tonight.

Richard Jarman, CODFA VP. Goes over the chronology of last week’s voting on Brueder’s package. VP Collins told us that afternoon that he did not know about the retirement vote.  What does it say about this institution if the second in command at the College really doesn’t know about the most momentous occurrence at the College? (HE goes on to talk about how long the retirement package was being prepared in private, in secret. He also points out that the expensive addition of this severance lump payment contradicts the BoT’s claim to be looking after COD’s fiduciary health)

More than 6,000 students could spend the same amount of money on tuition. The time to leave is now.

O’Brien — Resident of 502. What is happening here is systemic of what is happening throughout education. I’ve never seen you before in my life but I can smell your arrogance from here. After being responsible for more than 10 million dollars of taxpayers money being misspent, I urge you BoT members to rescind this payment.

Laura Reigle. (She says that the Bot is voting on awarding the title of Emeritus to Dr. Brueder but he hasn’t been here the requisite 15 years, so it is not allowable. She also questions the clause in the severance agreement about Dr. Brueder’s behavior)  What does the title of Emeritus bring? Nov 3 2014 Dr. Brueder released a written statement in which he declared he was not going to retire and would honor his contract which went until 2019. So Chair Birt if you knew for all this time that Bruder wanted to retire, why did he write this? Who was lying? As a taxpayer who works hard for the money she pays for this…(she also points out that the contract extensions have never been voted on by the BoT in public)

Kirk Allen. CoFounder of Edgar County Watchdogs. This BoT has not taken a single step to correct the misdoings of this ADminsitration.  (He says, in reference to the clause about Bruedre’s maintaining appropriate behavior “What about his past behavior? )  If any of you have any honor you will not vote on this matter and you will never name a thing after this man. (He advocates naming the building instead after Sgt Robert Miller, of Wheaton) Dr. Bruder, I urge you to strike the clause in this contract naming the building after you and do the honorable thing and have this building named after Sgt Miller, not after you.

Sandy Pihos — /there is a clear lack of transparency at COD. This Bot violated the state’s Open Meetings Act, it also violated the state statute that requires the posting agenda items in public meetings in advance. Public bodies represent the people, we are here to encourage them, to keep government. This BoT should have done earlier what it is doing tonight. IT should have posted the materials, had a large venue, and postponed the voting until the public had a chance to read it.

Len Green. Palatine resident. MY taxes do end up here. I want to add that when we elect officials to public service we trust them to be competent and honest. Mrs. Hamilton, I thank you. I’m quite happy to front 100 dollars to a legal fund to sue….Dr. Brueder, I feel sorry for you today. I think it’s a shame that you are being publicly humiliated by 6 BoT members.

Student — I am grateful to live in a country that is free to allow me to criticize nepotism. (He lists the wonderful travel opportunities he has had through COD)

Chair Birt calls the meeting to order.

Secretary O Donnell calls the role.

All Trustees present except Svoboda by phone due to a family medical emergency.

Motion to approve the BoT agenda. McGuire moves. Seconded by Wozniak.

Motion passes after voice vote.

Birt asks the college attorney Ken Florey to explain the purpose of the meeting.

IT is to clarify the procedural question of last week’s vote. The Bot is here to clarify the question of “calling the question” That happened at that meeting. Florey describes “calling the question” as a way to stop debate but it must be voted on. Tonight’s sole purpose is to clarify that the BoT did indeed vote 6 to 1 to approve this retirement package. Florey also clarifies that Brueder is under a self mansged plan for his retirement and thus the severance pay will not impact on his pension. IT will not increase his pension.

Florey asks if there are any questions as to the purpose of the meeting. There are no questions.

Chair Birt describes her procedure for calling the speakers who have registered up to the podium. Due to the amount of people who will be commenting, the BoT will only entertain qustions until 8:30. Then the BoT will go ahead with its meeting. Afterwards other speakers can speak.

Diane Bascal. 502 Resident.  Dr. Brueder has been given a very generous salary and benefits. The Bot states that he has over 100 accomplishments. They have already been paid for by his salary. The Bot fails to admit thatthose accomplishemnts were largely achieved by other employees at COD wrking hard to create curriculum, manae facilities. They should also be paid for those. IT is ridiculous to pay that much money.

Dan Bailey. I have been listening to the various issues here (VNC by faculty, Brueder being paid to leave Harper) Contrary to what the BoT says, Brueder’s tenure here has been a disaster. If you really cared about this college, you would resign immediately without further compensation.

Den LEntal. You out there probably think a community college is about middle class students and their hard working families. You people on the BoT don’t get why students come to COD and how they have to leave within their means. “Thank you for your great sense of irony and humor in proposing to name the Homeland Security Building” after a man who in his own words worked to avoid military service.  ” You made a judge rule to hold this meeting in a larger venue.   There are thousands of peopleoele in the state of Illinois who are disgusted by your behavior.

glenn Hansen. It is time to return this college to a state of sanity. I call on Dr. Brueder to retire now. It’s a difficult choice for you Dr. Brueder. You have said that you won’t back down. We know this is not how you want to end your time at COD. I ask you to channel  ??? and Mother Teresa. Turn the College over to the Executive Vice PREsident Joe Collins. You have put together a management team with 10 Vice PREsidents. f this team cannot conduct a national search for a new president, you’ve got a problem. Bot , amend your ate of retirement now.

Alex Franklin, COD student. I’ve been here three years. I want to applaud the efforts of KAthy Hamilton. She has shown an interest for the students, taxpayers of this college. She has een the voice of dissent on this board that has been about backdoor deals, etc.  Dr. Brueder, I urge you to back away form that severance pay andfrom the damage you have done to this college that we will be feeling for the next ten years.

DeeAnn Mazzochi. Candidate for COD BoT. I am an Attorney. I have reviewed drafted and litigated contracts.  You BoT need to review this. There is not need for this contract to be honored at this time. (She explains that Brueder has made a voluntary retirement) Everybody is agreeing that Brueder is agreeing on his own to retire. There is no need for a buyout.  I’ve read that entire contract.  (She goes into detail about the contract and why it does not require a termination lump sum since his retirement is voluntary — a buyout is not necessary.

Lots of applause in the room.

John Kraft.  I want to start out by saying that you should all be embarrassed by this BoT. MY comments tonight involve three employees who have spent time working for the COD Foundation.  Questions the Employment extension of Catherine Brod, Barbara Abromitis and ????. These extensions were not mentioned in the meeting or the BoT packet. These appointments were made in secret. They are also illegal. One more example of the publicized inconsistencies.