Should COD taxpayers cover chairman's legal fees?

After College of DuPage board chairman Mike McKinnon sued three former board members who accused him of sexual harassment, the college refused to cover for the women's legal defenses.

But now that the chairman's defamation lawsuit has been dismissed, potentially making him personally liable for the women's legal fees, college officials may be having a change of heart.

Those involved in the suit said COD's attorney offered to pay 80 percent of an estimated $32,000 in legal fees and costs in exchange that all litigation - including one woman's countersuit - be dropped.

The college's board of trustees would have to approve the settlement offer; members have not taken any formal action yet.

At a recent court hearing, COD attorney Kenneth Florey asked the judge to continue the issue until April 9 - two days after the election - to give him more time to negotiate the settlement. Florey was not available for comment Wednesday, but several other lawyers involved in the suit said COD officials believe this is their best option should the college be held liable as the litigation continues.

McKinnon filed the defamation suit Oct. 17 against Mary A. Mack, Jane Herron and Mary Sue Brown after their allegations that he had inappropriately touched or talked to them were published in a weekly newspaper.

McKinnon, who vehemently denies the claims, sought $6 million in damages against the three women. Afterward, COD administrators refused to defend them, arguing the comments were made outside the scope of their official duties as board members.

Mack filed a countersuit Dec. 22 against McKinnon and COD. Her suit still is pending.

On Feb. 18, DuPage Associate Judge Joseph Bongiorno dismissed McKinnon's defamation suit. The judge also later refused McKinnon's requests to reconsider. The judge said the women had immunity under a state law that raises the bar for accusers to sue public officials.

The law also requires McKinnon, since he was unsuccessful, to pay the defendants' attorney fees associated with their motion to dismiss the defamation lawsuit.

All of the women's attorneys said Wednesday they will not accept any public funds to cover what the judge finds McKinnon owes under the law.

"We're going to ask the judge to make sure it's Mr. McKinnon, and not the taxpayers of DuPage County, who pay these fees," said Shawn Collins, who represents Mack. "The College of DuPage needs to start acting like a taxpayer-funded institution and not like a private trough of money for Mr. McKinnon."

Neither McKinnon nor his attorneys could be reached Wednesday.

It's not known if McKinnon will appeal his suit's dismissal to a higher court and who will pay his legal fees, which are not included in the $32,000 estimate.