Breuder lawsuit looms over College of DuPage trustee race
If some of the candidates in the College of DuPage trustee race get their way, the Glen Ellyn school will work toward a truce in a costly and lengthy legal fight with former COD President Robert Breuder.
Breuder filed a federal lawsuit in October 2015 claiming he was wrongfully terminated. The suit names the board and current and former trustees - Kathy Hamilton, Deanne Mazzochi, Frank Napolitano and Charles Bernstein - as defendants.
More than five years later, the case is still ongoing.
Meanwhile, Napolitano and Bernstein decided not to seek reelection in April, opening the door for a crowded field of challengers.
Eight candidates are vying for three 6-year seats on the board. Heidi Holan is the sole incumbent. Donald Potoczny, Florence Appel and Nick Howard are running as a slate. Rounding out the field are Andrew Manno, Daniel Malloy, Deborah Sajdak and Sheng "Texa" Sun.
During a recent endorsement interview with the Daily Herald, the candidates were asked whether the state's largest community college should negotiate a settlement in the Breuder lawsuit or continue fighting the case.
Potoczny said "millions of dollars" have been spent on the litigation.
"At this point, that money is taking away from future capital projects and student programs and hiring the best faculty available," said Potoczny, a high school administrator. "At this point, it's a simple calculus of how much is it costing us. And if it would cost less to just be done with it, then that's what we need to do."
In October 2015, Hamilton, Mazzochi, Napolitano and Bernstein voted to fire Breuder roughly five months before he was scheduled to step down with a $763,000 severance package. One day after his firing, Breuder sued, alleging breach of contract, conspiracy, defamation and violation of Breuder's due process rights.
Howard, a software company CEO, said "everything is a sunk cost at this point."
"There's no looking back," he said. "If there's a number on the table that makes sense to finish, then I think you finish it and be done with it, because a good lawyer will try not to go to court."
Holan declined to say how she would proceed, citing closed-session discussions. Holan in 2019 was appointed to the seat held by Mazzochi, now a state lawmaker.
Holan works as a legislative assistant in Mazzochi's district office. Holan also wouldn't say whether she would recuse herself from any vote on the lawsuit, considering she works with one of the defendants.
But Holan said her position does not create a conflict of interest.
"My work relationship is not involved in decisions I make in my board position," she said in a follow-up interview.
Holan said her main role is constituent services. She began the job about a year and a half ago and alerted the board chairman, president and general counsel as a "more of a courtesy."
"I didn't think there would be a conflict," Holan said. "But I did notify them and let them know, talked to them about it and again, no one there saw a conflict of interest."
Other candidates were reluctant to take a position on the legal battle without more information.
"If you decide something right now, when you don't have the closed-door minutes, you don't have all the information at your fingertips, then you can't be an informed and critical thinker," said Manno, an attorney.
Malloy acknowledged it's hard to make an informed decision as a resident.
"At some point, it needs to be moving on and focusing more on the students in the future," the real estate agent and former COD student said.
Appel, a retired college educator, agreed she doesn't have all the details, but her inclination is to "settle and move on."
Sun, a social entrepreneur, opposes a settlement, saying only that "principle is more important than money." Sajdak could not be reached for comment.