The College of DuPage has filed a motion requesting that certain points in the wrongful termination lawsuit brought by President Robert Breuder be clarified by the U.S. Court of Appeals, according to the Edgar County Watchdogs.
The case began shortly after Breuder was fired in October 2015. He filed a wrongful termination lawsuit, and the case has been winding its way through the court system ever since.
On March 17, the college filed a motion to certify for interlocutory appeal. This motion asks the trial court to allow the appeals court to review and analyze Illinois statutes to answer questions of law in the case.
The college asked the court three questions: Under Illinois law, could a board of trustees obligate a future board in personnel matters, specifically when hiring or firing an administrator? Could a board agree to an employment agreement that would require all members to be present at a termination hearing as well as require a supermajority to terminate the employee? And can a board extend an employment agreement in a closed session?
While the court will determine the answers to these questions, the watchdog group argued that unless legislation specifically permitted the actions in the first and second questions, they would not be permissible. It said the third question hinges on the Illinois Open Meetings Acts, which makes it clear that any action taken in closed session is voidable.
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