The consent agenda was read, except for the item removed. (Please pardon your blogger for taking a break since all this is printed in the board packet.)

Trustee Svoboda comments that there are many expense outlays, but also many efforts to contain costs.

No further discussion. The consent agenda is unanimously approved.

Motion to approve financial reports. Open for discussion. Trustee Hamilton raises the issue of the impress account. She states that it would behoove the board and the community to have detail on those payments. Seeing the detail of payments to lawyers, auditors, and reimbursements to President Brueder for hunt club dues would reduce confusion. She references Board Policy 10-65 and suggests changing the policy to eliminate the exceptions. There is a harsh exchange in which Birt says that Hamilton has not been doing her duty to participate in making the agenda. Hamilton says that Birt has illegally dismissed her from participating. Savage and Svoboda attempt to return to the business at hand. The financial reports are approved unanimously.

New business:

Acceptance of audit. Hamilton reads a statement in which she explains why she will vote no. She wrote a letter expressing her concerns about the audit. Her concerns have never been addressed and she was removed from the audit committee. COD has squandered its credibility. There are several issues that each alone should be a red light. Hamilton says that the audit firm is very credible and she is not challenging its findings based on the scope that was established. However she does not believe the scope was correct, and she raised a concern about the “tone at the top.”

Trustee McGuire testifies to her care in combing through every board packet and raising questions about financial statements. We should pat ourselves on the back right now.

Trustee Hamilton asserts that the board of trustees should hold to a higher standard than the random sampling pool designed by the audit firm.

Brueder referenced a discussion he had with Torres, the auditor, about moving up the audit schedule and reducing preparation time 30 days. She explained that this was taken into account along with other risk factors. She saw no adjustments or issues as a result of the new timeframe. Brueder also asked her to speak to the comparisons to other local colleges – we are comparable.

The roll call is taken. All vote to accept the financial statements except for Hamilton.

Approval of Digital Broadcast Journalism degree approved unanimously.

Naming honor – given to Bison Gear & Engineering based on a significant scholarship gift in support of manufacturing and technology programs. Unanimous.

A break is called before a closed session.

No president’s report.

External audit presentation. Glazer speaks defensively about the statements being made about our financial information. Torres of the audit firm states that there is no evidence of improper payments. She describes the audit process in detail, including assessment of risk. Audit reports both external and internal are reviewed. They look at types of transactions; standard and unique. Unique transactions get more scrutiny. They identified risks and concerns and scaled up their sample sizes to increase assurance. An audit plan changes and is influenced by what is found/learned along the way. Intended to provide reasonable but not absolute assurance. The audit firm finds that the financial statements provide a fair picture. The audit also includes enrollments and verifications. No compliance or internal control issues were found. The college made a concerted effort to remove a finding related to return of funds. This has been corrected. Board members have a short summary in their packets. Overall, there is a 7% increase in revenue due to increase in enrollment, increase in credit hour price, and increase in collection of property taxes. Similar increase in expenses based on salary increases, depreciation as projects complete. Overall the results for the audit is a great accomplishment and a positive reflection on the college.

Trustee Hamilton: what is materiality threshold for random sampling? Answer: can’t reveal in front of management. There is always the possibility that fraudulent transactions fall below threshold.

Trustee Svoboda: thanks for the thoroughness of the explanations of the process.

4th annual Laps for the Chaps presentation, Joe Moore introduces Ken Gray. Event will begin at noon with food truck rally and children’s events. Race start is at 4pm and youth dash at 5pm. The late start time sets us apart from other events. We now have certifications based on extensive quality criteria. Serious runners like our flat, fast course. Our course is very safe for everyone since it is completely contained away from traffic on east campus. First food truck rally in DuPage County, will be very high quality. Everyone is invited.

Removed from consent agenda by Trustee Hamilton: 8. B. 2 (Financial reports).

Consent agenda is moved and seconded and read.

New Student Orientation leadership testimonials from Kaitlyn Boneiecki and Paolo Mazza. Two leaders from the student orientation leader program reported on the success and growth of the new student orientation program and the training of leaders. There was a video played in the boardroom, but we did not have sound in the overflow room. It was pretty.

There was a short interlude apparently for technical troubleshooting. We were treated to a camera view of the board seating area, including the police officer standing next to the barrier preventing members of the audience from getting too close to the trustees.

The orientation video was replayed with sound. Really, it was very nicely done.

Kaitlyn returned to the mic and gave thanks to Bente and Dowling for their support of the program.

Trustee McGuire: this is beautiful to see, what a wonderful thing to have the personal touch of the orientation leaders.

Trustee Savage: applauds the development of this program. Cites research showing engaging students helps to keep them connected and successful.

Trustee Svoboda: thanks all the students in the hallway and at the back of the room. (Some trustees wave at the students.)

Chair Birt thanks the student trustee for coordinating student presentations.

After a brief period in which there was no audio in the overflow room, we are live. As we tune in, Chair Birt is reading the new policy on civility, decorum, and respect. Trustee Savage comments that she has attended other school board meetings that had a similar policy of dividing the periods of public comments. Trustee Hamilton objects to the policy, relating to the Open Meetings Act, and asks why we are afraid of our own constituents. Trustee Savage responds that public safety is the first concern. Trustee Wozniak states that last week’s meeting was a zoo.

Public comments

Laura Reigle, citizen. Calls news of upward enrollment a false statement. Administration is misrepresenting facts to public and trustees. She was interrupted by Chair Birt. Reigle asserts that her comments apply to new business items. Trustee Hamilton defends her. Birt rules her out of order.

Paul Lefort, citizen. Comment on external audit, clarification question. Asks if Trustee Hamilton is still a member of the audit committee. Chair Birt refuses to answer. “We don’t answer questions during comments – we consider it for a later time.”

Roger Kempa, citizen. Notes that 21 seats are allowed for the public. Asks if it would be possible to use the auditorium in the MAC. Refers to financial report of a quarter billion dollars and says that the investment report is a mess. What is the rate of return and the average maturity? Even small organizations have better reporting. Says that our rate of return is unacceptable. Quotes several other figures (sorry, can’t quote accurately). Made several other strongly negative comments about financials.

Adam Andrejewski, citizen. Speaks to auditing controls and transparency. BOT has violated its own transparency rules by making 26 million dollars in “hidden payments” in recent months, but 95.1 million dollars going back to 2009 (?). Explains that several vendors have more than one account in our system. “You have no idea where you’re spending your money.” Even our audit firm has two accounts. “I have no confidence in the presidency of Dr. Robert Brueder.”

Edward Franckowiak, citizen. His second meeting. At first meeting, thought there would be hope since the board voted to reduce tuition. In new board packet, found 2 pages for 6 million dollars of spending and two lines for 1.3 million dollars. “This is not your money you’re spending – it’s our money.”

John Kraft, citizen. Please fire your attorney because I think he wrote this. You can’t pass a policy and put it into effect at the same meeting. Mr. Brueder, you are embarrassing, to claim that FOIA requests are frivolous and harassment and intimidation. Intimidation is police officers everywhere like we have here tonight. Three different accounts for Heritage Wine Sellers. Hurricane Graphics with two different spellings.

Kirk Allen, citizen. Sparred with Birt over a presentation that he had asked to have distributed to the trustees. Explained in detail illegal uses of COD funds for Brueder’s personal expenses. Argued that any expense records in the hands of COD are by definition public and must be disclosed.

Vikaas Shanker, former editor of the Courier. Described the ridiculous way that the room is cordoned off. Recalled winning a national award as editor of the Courier the same year that the faculty adviser was pushed out. It’s not the fault of the current student journalists that they have been…. (Birt interrupts and says that he is not addressing an agenda item.)

David Goldberg, professor of political science. Addresses item for $1.2 million firing range. Does not fit with our educational mission. There are three shooting ranges within the near area. Mentions that his students now have to buy their own bluebooks to write essay exams in his classes, rather than having them provided by the college.

OpenTheBooks.com – Top 10 List: “over 1,300 double vendor entries in the hidden payments ‘Imprest’ accounting register in just the last 16 months.”

a handout on every chair

Tonight’s board packet can be downloaded from this page: http://www.cod.edu/about/board_of_trustees/index.aspx

all quiet for now

Special interest is item 3. B. under AGENDA. A special attempt has been made to contain and control comments. Comments before the business meeting must be agenda-related. Other general comments will be heard at the end of the meeting. The complete verbiage is on page 12 of the PDF, “Approval Public Comment Statement and Rules.”

In the minutes for approval from the last meeting is the complete text of the motion to censure Trustee Hamilton. The minutes are part of the Consent Agenda, Item 8. B. 1) a). The level of detail of the censure resolution is remarkable.

McGuire reports on the COD Foundation report.

Birt announces a five minute recess and then a return to public comments.

Meeting reconvenes at 10:49.

Public Comments reconvene.

*John Kraft. Thanks for returning to public comments. Refers to the July meeting and Birt’s “tirade” against Hamilton. Does the BoT approve those comments?

To Birt — you stated that Hamilton approved the agenda about the TLC building 3 times — your law degree should allow you to understand that approving an agenda is not the same as approving an item. Kraft challenges the Board’s right to the censure. Kraft asks the Bot to consider reorganizing the public comments section to discriminate against certain groups. Finally questions the Boards right to hold an executive session without a trustee even if you are going to be talking about her.

*Mark Kmiekik — resident of Wheaton.  Refers to the compensation of the administrators. Refers to the Chicago Tribune article, the Daily Herals lesson which says it hopes Dr. Brueder has learned his lesson. But Dr. Brueder has not learned his lesson. Instead of reforming, instead they target the reformer and attack her. Shame on you. You were caught with your hands in the cookie jar. Hamilton repeatedly asked you questions and you did not answer them.  Bruder’s memo to the BoT members about the money for the TLC building was an embarrassment to all stakeholders including students. Chair Birt should have fired Brueder. instead, she has told taxpayers to take a hike. And they will not tolerate any independence on this Board and therefore no reform. Let me remind you that Jathy Hamilton has the largest amounts of votes from any election ever. That is a mandate for reform. Thanks Hamilton for her courage and her conviction.

*Kirk Allen — notes that he is not allowed to show his Power Points. Birt confirms this and says the BoT is asking for speakers to submit their slides for later distribution.

Listen intently: I will be exposing criminal activity. Refers to Birt’s DUI and how she managed to get both counts dropped. It’s about deception that Birt has followed for years. She lied about the breathalyzer test, where she actually did blow 1.49

Did not respond to Herald’s question of “have you ever been elected?”

What does Birt allow under her watch?

Public Funds section of Illinois State Constitution — public purpose  Article 8 Section 1

Hiding expenditures of public funds for a private purpose? Hunting Club funds paid for Brueder are that kind of misuse.

Asks for Brueder to apologize and resign for his comments about how he would have joined the military only by being a five star general.

*Marko Sukovic — wants to discuss Brueder’s e-mail to the BoT and funding for the building. We can’t tolerate this kind of misuse.

*Bill Montgomery: Lemont Illinois. Senior Advisor for Turning Point, USA. Chapter on campus, chapters across the country on 47 campuses.. 10 week program to teach fiscal responsibility to students. Something that needs to be shown here. You have to start showing fiscal responsibility. I’m ashamed of this Board. Your actions tonight are despicable.  We’re going to pass this information around the country. We will show that what you have done here. Your actions are deplorable. I hope you can change your ways. I believe you can. You can all make a change tonight and reconvene and change the actions against Ms. Hamilton. You’re out to destroy her. I think all of you who have acted in this manner are going to lose your elections.

*Adam Andrezejwski. Founder of For the Good of Illinois. I am proud you have adopted one of my suggestions from last Board meeting — two year freeze on tuition.  Good start.  2.4 million dollars — your administrastors are gaming the system for that money.  You have spent 550 million on building. more building office space for executives than on classrooms for students.  Rather than embrace reform you are unlawfully persecuting the reformer. You have no legal authority for censoring.  You are violating more laws. Public comment restrictions are also illegal.  Your spent enormous amounts of money on legal fees.  Chair Birt has approved millions of dollars of expenditures without line by line. Show the impress payments in the next meeting. 30 million dollars since Birt has been Chairman. Are Board members surprised about the use of Bruder’s satellite phones? (form his safari, to let friends know about his killing an elephant.

*Jan Shaxx —  We don’t need a new building. What about that theater? Is that built for the students or for the public?

*Randy Given– Glen Ellyn. a local attorney, but not representing anybody tonight. I am not angry but I am amused. You actually censored somebody because she embarrassed you? I can’t believe I’m seeing what I am seeing. You’ve become objects of ridicule tonight. In a meeting of over 4 hours you have mainly dealt with your bruised egos.  You need to devote your time to serious issues. I did not hear anybody around the table talking about the students tonight except for the discussion of tuition.

*Paula Dullie — Naperville.  I am here to support the concerns of Trustee Hamilton.  She was doing her job asking questions.  Notes that Gov Quinn and the Chicago Tribune have noted concern over this plan.  Hamilton’s due diligence about this expenditure has been answered with a censure of Hamilton for raising them.

*Cynthia Schneider. Naperville. Lifelong resident of DuPage and former COD student. Thanks for lowering tuition fees. Tonight I want to address the issue of Kathy being censured. I voted for her and I feel that your censureship of her is a censureship of me. She represents the ability to keep the Board accountable for the way that they are spending our tax dollars. Her position has been vilified by this Board unjustly and I am completely disturbed and lby this Boards decision to censure her. She is not a COD employee, she is an employee of the taxpayer. Thank you for making us aware of what is happening in this Board. That is your right and your job, please keep doing it.

*Diane Barrett — I find it hypocritical that almost everything described in this censure is something the President of this college has done. This censureship tonight mean nothing. How much did this resolution cost to write up? I will be FOIA in this resolution to see how much money you have wasted. I was also censured when I was on the high school board — but what was different is that when I was censured it was provided on the agenda. Legal action, land acquisition and personnel are the only things that can be used for closed meetings legally, and this was none of them. I was also on the finance committee and I was also taken off of it. I see you are the most qualified to work on the finance committee but you have been removed.

*Jeff Cooper. Thanks for letting us speak at the end of the meeting. It’s unconscienable that we all had to wait for you 20 minutes to start your meeting.  I was going to talk about the censure but since it’s already happened I am going to talk about the e-mail.  That July meeting was my first Board meeting. I saw a President who had his eyes closed, yawned, seemed asleep.

The more I learned about Dr. Brueder the more I realized he should not be anywhere near this public money. Nor should many members of this Board.

*Edward Franckowiak. 35 year resident of DuPAge County. Three of my boys got degrees here and went on to get four-year degrees at Northern Illinois.  I was intrigued by the reports I read about the 20 million money grab. So I went to the website and looked up Board members addresses and phones. I went and found some e-mails from the election e-mails but I have never gotten any answers from any of them.  I couldn’t find anywhere where FOIA requests are discussed.  I would like to understand — who is making the decision about FOIA requests? Who votes on whether FOIA requests are answered? Somebody get back to me on how FOIA requests are handled by this Board?

* David Olson. Resides in Downers Grove. Elected on Village Council of Downer’s Grove. I also served as Student Body President at UIUC Student Council. I understand your concerns about balancing the various concerns…I have genuine concern about this excellent DuPage institution. I expect this College to provide a good education at an affordable price. Recent information in the media makes me wonder if this Board shares these goals.

I was disturbed when I looked at the Board agenda today and couldn’t see who was going to be censured. Your action is despicable.

Hamilton is exercising her fiduciary responsibility. Do we want to send the message to students to be quiet?  This action is an affront to the people of DuPage County. Tonight you are hearing a call for change, transparency, a call for basic respect.

*Attorney Dan Kinsella — says he will say no more in this forum and will let “these good people” all go home.

Closed session is called by COD lawyer for two reasons — action against an employee, and regarding litigation filed against the college.

Vote on closed session.

Meeting goes into closed session.

Meeting called back to order.

McGuire present by phone.

Section 5 and 6 of the Censure Resolution is read by Birt as per request of Trustee Hamilton.

These sections regard what happens in case of a lawsuit against any Board member. The Bot will not be held liable in case Trustee Hamilton or any other Trustee is subjected to a lawsuit.

Birt states she has now read the resolution in its entirety and opens it up for discussion.

Trustee Savage speaks. She is troubled by this situation and says the College should be focusing on the education of our students. Students are the reason we are here. We do not have a foundation of trust among the Board members. There are undercurrents that are ready to pull apart. I do not approve Trustee Hamilton’s outreach to the public but I understand her frustration. I have considered the same myself on occasion but chose other ways.  I cannot support this resolution.

Savage goes over other instances of disrespect towards other Board members and faculty members during contract negotiations. Hansen is regularly chastised publicly for voicing faculty concerns. There was no censure then.  She cannot approve of censuring Hamilton now.

What are we teaching our students with this?

I cannot in good conscience support this.

Applause from audience.

Hamilton speaks. This censure represents a tremendous need for reform on this Board. We are not in touch with the taxpayers, what they want, and I have sought continuously to reach out to meet their needs and also meet the needs of the community. I have voted against tax increases, tuition increases, against budgets that do not make sense and against projects that are contrary to the budget and are not even in the strategic plan. I have no intention of stopping doing that.

I obviously am not going to agree with this censure. I do not agree with the rendition of events. I think the are being slanted.  I hope that going forward we can work better together because there is so much at stake. Because there’s our students, there’s our community.  That’s what I have to say.

Vote called on the resolution.

Svoboda: abstain.

Savage: no

All others voted “yes.”

The censure resolution passes.

Then the Bot moves back to approving other new business items. New program certificates.

Trustee Svoboda notes her excitement about the two new certificate programs.

Motion to approve the destruction of minutes form closed session meetings twice a year.

Passes.

Motion: Approve joint education agreement between ECC and COD.

Motion approved unanimously.

MOtion for approval for tuition reduction for Spring 2015.

Trustee Savage moves to amend the motion to reduce tuition by $4 per credit from $2.

Discussion.

Svoboda asks for comment from someone from our finance area on the impact on COD finances.

VP Glaser notes it would be twice as much as what is indicated on the motion written for a reduction of $2 per credit.

Chair Birt says she is not comfortable with changing it without a further review and suggests it should be done for a future meeting.

Trustee Svoboda expresses concern about continuing the level of services offered to students.

Trustee Hamilton says that 2.2 million dollars in perpetuity is not significant when there is 150 million dollars in the bank.

Student Trustee Escamilla says he knows students would appreciate it but he would need more information.

Vote:

Yes — Hamilton, McGuire, Savage, Wozniak, O’Donnell, Svoboda, Birt

Motion passes.

Reduction of $4 per credit hour rather than $2.

Birt says she will do finishing announcements and then return to public comments as she promised there would be that opportunity.

Trustee Discussion Items: ICCTA report — Svoboda — executive retreat August 8 and 9, Savage attended one day.

ACCT will be in October, in Chicago.  ICCTA will meet within that meeting.

Requests that any BoT members attending sign up to be ambassadors to help non-Chicago attendees negotiate the area.

Trustee O’Donnell says she would have appreciated advance notice to discuss this.

Secretary O’Donnell calls roll.

Trustee moves to consent agenda.

Item 9B2.  removed from agenda. Request by Trustee Hamilton.

Moved to approve consent agenda items minus that one.

O’Donnell reads consent agenda items.

Minutes of July meetings, financial reports. Bid items are read by Trustee O’Donnell.

There is a long list of items that are related to the construction of the Homeland Training Security Training Center 2.  Please refer to the Board packet for a list of these items and their cost.

The Consent Agenda is read and voted on.

Unanimous approval of the Consent Agenda with the exception of 9B2.

Discussion of 9B2.

Expense report. Hamilton questions the disbursements from the Impress checks section and wants more information on that for the next month. Trustee Svoboda asks why you would want more detail than what is presented in a summary?

Laughter from the audience.

Trustee Hamilton responds that the summary does not offer the entire picture. We need a good picture of where our money is going.  There is a 3 million dollar amount she would like more details about.

Chair Birt says “Trustee Hamilton you can bring a lot of good things to this Board but I wish you would have brought this up at the Agenda Planning Session.”

Motion to discuss this further at the next meeting approved.

*New Business:

Trustee McGuire and Trustee Wozniak — retreat for 2015.

Birt and O’Donnell will form the audit committee.

Trustee Hamilton asks the public to note that she is the only CPA on the Board and she is now being removed from that committee.

*Birt calls for approval for the motion of Censure of Board Trustee.

seconded by Wozniak.

Birt says she will read the resolution.

Birt reads:

Censuring Trustee Kathy Hamilton. “SEction 1, Censure.” Censures Hamilton for her innappropriate conduct. Asks her to cease her embarrassing actions.

Findings on inappropriate behavior: Hamilton serves as Vice-Chair of BoT. On numerous occasions Hamilton has embarrassed her colleagues on the Bot. Hamilton makes inflammatory remarks to the public and to other Trustees.

The resolution criticizes Hamilton’s outreach to media.

Board finds that on June 26 and July ___ Trustee Hamilton behaved in inappropriate ways during the Board meeting, including texting during meetings. Publicly insulted other Board members.

Willingly failed to follow Board policy by failing to review a Board agenda.

Trustee Hamilton’s actions threaten College of DuPage.

The College does not agree with Hamilton’s statements about the Teaching and Learning Center.  Hamilton does not have the right to misstate the Board and College’s actions.

Birt discusses the history of COD’s release of the RAMP money — state capital funding — 5 million for the demolition of the old buildings.  The TLC will be the replacement of those buildings.

The College has no wrongdoing with any of the state funding to demolish the old building.

Birt says that Trustee Hamilton did approve the appropriation of the 30 million for the fund balance transfer for the TLC facility. Birt says that in the past Hamilton did support without hesitation the new building.

Birt says that Hamilton approved three previous agendas with items regarding the TLC building without any questioning prior to June 26. She never shared her disapproval of the College’s attempt to secure funding.

Birt says she has signed off on Board agendas about which she does not have knowledge.

The Board finds that the College has behaved correctly/appropriately in its attempt to secure funds for the new facility.

BoT fully recognizes the right of all citizens to freedom of speech….

(loud laughter from the public, hard to hear what Birt continues to read)

Now we will open this up to public discussion.

Trustee Hamilton notes that she was not provided this document 48 hours in advance.

Attorney Kinsella interrupts to say that he represents Trustee Hamilton and the BoT must follow due process which it hasn’t.

Shouts form the audience, applause.

Audience calls “Shame on you. Shame on you.”   Calls from the audience. “WE need new trustees in audience next election.”

The Board calls for a five minute recess.

All Board minutes leave except Wozniak.  He does get up and leaves.