Former trustees split on COD's settlement offer
Two of the three former trustees unsuccessfully sued by outgoing College of DuPage Board Chairman Mike McKinnon for defamation say they won't accept the college's deal to settle the ongoing legal saga.
Jane Herron and Mary Mack are rejecting the college's offer to pay 80 percent of their legal fees in exchange for an end to all the legal wrangling. However, former Trustee Mary Sue Brown's attorney Jon Malartsik said his client is willing to accept the deal.
"This is going to be a protracted litigation, and Mary Sue doesn't want this hanging around that long," Malartsik said.
Meanwhile, Herron and Mack's attorney Shawn Collins said taxpayers shouldn't have to foot the bill for McKinnon. When a DuPage County judge tossed McKinnon's suit in February he was also ordered to pay the women's legal fees accrued fighting his suit.
"We believe Mr. McKinnon ought to pay the fees he incurred because of his personal lawsuit," Herron said. "The college doesn't have to pay this, and I have no understanding why they'd want to."
McKinnon sued the trio after a local weekly newspaper published the women's accusations of sexual harassment last year. Mack, who claims McKinnon fondled her when she visited his Downers Grove office to discuss board business, is the only one to have sued back. Her battery case against McKinnon is still pending. She also sued the college for refusing to provide a legal defense for her against McKinnon.
The college is offering to pay the legal fees for the women as long as McKinnon drops plans to appeal his lawsuit, pays his own legal fees and Mack drops her claims against McKinnon and the college. COD's board on Thursday set a May 1 deadline for all parties to agree to the settlement.
McKinnon recused himself from voting on the settlement agreement at Thursday's board meeting, but is apparently in favor of the deal after spending several hours behind closed doors with the rest of the board hammering out the details of the deal. He did not comment on the agreement after Thursday's meeting andcould not be reached Friday.
Though the women initially asked the college to pay for their defense against McKinnon, Collins said McKinnon would still be on the hook for those legal costs under the judge's current ruling.
"Whyever would the college be willing to pay a fee or any bill that the law says McKinnon has to pay himself?" Collins asked. "If the college had done what is was supposed to have done, then McKinnon would owe the college reimbursement for those lawyer fees."
Herron accused McKinnon of trying to "bully" her and her former colleagues from a losing position.
"He lost the election," she said. "He lost this reconsideration of his case. He's losing at every turn and now he says he'll drop this if we agree to his demands. I don't understand how he can take this type of position from a losing stance."