The College of DuPage and its foundation will be forced to dole out at least $500,000 in its legal battle with the Chicago Tribune over the release of a federal subpoena, the paper reported Nov. 17.
Of that amount, $225,000 will serve as a reimbursement of legal fees to the newspaper after the university and its foundation, which serves as the college’s fundraising entity, refused to submit to the subpoena. The Tribune filed suit for the document’s disclosure two years ago.
The federal inquiry was sparked after the Tribune "raised questions about top administrators’ expenses, contracts awarded to members of the foundation board and other spending issues under a previous administration at the Glen Ellyn campus," the Tribune reported.
While the college later produced many of the documents requested, the foundation held firm in its refusal to hand over a subpoena it received as part of a widening federal probe into the state’s largest community college’s inner workings.
The appeals court's unanimous ruling about the foundation being subject to the state’s Freedom of Information Act marked the first time an Illinois higher court had ruled in favor of releasing records held by the fundraising arm of a public college, the Tribune reported.
“The Tribune’s reporting revealed wasteful spending and terrible management decisions at the College of DuPage,” Tribune Editor and Publisher Bruce Dold said in a statement as published in the Tribune. “Unfortunately for DuPage taxpayers, this court decision is the result of more of the same at the college and the foundation. It has always been clear that this was a public document, and the college and foundation could have ended this case immediately, at any time, by simply releasing a document that rightfully belongs to the public.”
The 2nd District Appellate Court also disagreed with the foundation’s argument that it is a charitable organization with no public role, the Tribune reported.
Foundation officials have argued that the document’s release could “have a chilling impact on future fundraising because corporate and private donors who wish to remain anonymous may fear public disclosure,” the Tribune stated.
Prodded by COD officials, the foundation agreed to adhere to the state’s Freedom of Information Act shortly after the appeals court decision. Under terms of the agreement, a "university attorney now reviews all FOIA requests received by the foundation and provides an opinion as to whether the requested documents are public records," the Tribune states.
In instances where there is dissension, the foundation is now held responsible for any future litigation fees stemming from their position, the Tribune states.
"College of DuPage recognizes and respects that the circuit court has rendered a decision in the fee litigation brought by the Chicago Tribune,” COD spokeswoman Wendy Parks said in a statement, as reported by the Tribune. “As the college considers how best to move forward, we do so with enthusiasm for the ongoing work of building upon our student-focused success as well as a host of key initiatives that will help strengthen the community.”
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