HR0162 99TH GENERAL ASSEMBLY

HR0162 LRB099 09883 MST 30097 r

HOUSE RESOLUTION

WHEREAS, The College of DuPage is a public community college district in the State of Illinois; and

WHEREAS, The Board of Trustees is the governing body of the College, enacts policies, and plays an integral role in overseeing the activities and operations of the College; and

WHEREAS, The Board of Trustees appoints a President to organize and manage the College within the parameters set by Board policies; and

WHEREAS, The College of DuPage recently approved a $763,000 severance package for its current President; and

WHEREAS, News reports have raised questions concerning the College of DuPage's expenditures of public moneys; and

WHEREAS, The College of DuPage is not a State agency; and

WHEREAS, Article VIII, Section 3 of the Illinois Constitution limits the Auditor General's audit authority to "public funds of the State" and case law has interpreted that phrase to mean only those funds directly appropriated or otherwise authorized by the General Assembly following the Governor's preparation and submission of the State budget; City of Chicago v. Holland, 206 Ill.2d 480, (2003); and

WHEREAS, The Intergovernmental Cooperation Act provides that allows any "one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking or to combine, transfer, or exercise any powers, functions, privileges, or authority which any of the public agencies entering into the contract is authorized by law to perform ... "; and

WHEREAS, The General Assembly wishes for the Auditor General to conduct a performance audit of the College of DuPage; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is directed to conduct a performance audit of the College of DuPage covering Fiscal Years 2011 through 2014 by entering into an intergovernmental agreement with the College of DuPage setting forth the scope of the audit; and be it further

RESOLVED, That the audit include, but not be limited to, the following determinations:

(1) The College of DuPage's sources of revenues during Fiscal Years 2011 through 2014;

(2) The College of DuPage's expenditures, by broad category, during Fiscal Years 2011 through 2014;

(3) Whether the Board is carrying out its responsibilities required by Board policy, including: annually evaluating the College President; annually reviewing the financial performance of the College and causing an audit to be made; adopting the annual financial plan of the College; adopting a comprehensive Strategic Long Range Plan; and reviewing the President's annual report on the outcomes of the College;

(4) Whether the Board is meeting its fiduciary responsibilities and ensuring compliance with the Public Community College Act and Board policies, including those related to the investment of College funds, procurements and contracts, construction activities, and budget transfers;

(5) Whether the compensation and severance packages provided to the College of DuPage President are comparable to compensation and severance packages provided to Presidents of other Illinois community colleges, and whether changes to the College President's compensation package are properly approved; and be it further

RESOLVED, That the College of DuPage is responsible for paying the Auditor General's costs in conducting this audit; and be it further

RESOLVED, That the College of DuPage, the Illinois Community College Board, and any other entity having information relevant to this audit cooperate fully and promptly with the Auditor General's Office in its conduct; and be it further

RESOLVED, That the Auditor General commence this audit as soon as possible and report his findings and recommendations upon completion in accordance with the provisions of Section 3- 14 of the Illinois State Auditing Act.