DuPage C0. (ECWd) -
We have confirmed the DuPage County State's Attorney, Bob Berlin, is going to prosecute the Open Meetings Act violation we uncovered and exposed in this article. As we understand at this time, Berlins office will be asking the courts to void all action taken in closed session and enjoin the College from committing future OMA violations. Once we have a copy of the actual complaint that was filed we will update with a copy.
After reading the court documents in the Robert Brueder lawsuit against the College of DuPage, it was evident action was taken outside the eyes of the public. That action appeared to be an extension of Breuder's contract based on the timeline of events and claims made in that court document. We raised this question during multiple COD Board meetings, and former Chair Birt was asked directly if action was taken in closed session. She refused to respond.
Now with the confirmation that Bob Berlin is taking action to prosecute COD for the alleged OMA violation, I believe we can safely conclude that we were spot on in our assertions that there was action taken in closed session.
Today's action by the State's Attorney is important on many fronts.
First, the timing could not be better from a transparency standpoint. This week is the National Transparency Week so what better time than now to expose action being taken against a public body for their lack of transparency. Let this action send a message to every unit of government out there. Violate the law and the public's rights and you will be held accountable!
Many thanks to DuPage County State's Attorney for taking appropriate action on this matter!
The other matter pertains to the former legal counsel for COD. The attorney who was present during this closed session action may have possible ARDC concerns if it turns out he was negligent in his legal advice to the board. The recording must be released in order for the public to know what legal advice was given.
Finally, let this be a message to COD trustees McGuire, Wozniak, and Birt, that the very legal counsel they want back at COD have now been exposed for allowing action to be taken in closed session. The college should put that attorney on a black list and never hire them again.
In closing, we call for the immediate resignation of former COD Chairman Erin Birt for allowing action to be taken in closed session. In addition, each board member that voted during that meeting, regardless of how they voted, should also resign.
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