Agreement ends feud between COD, Glen Ellyn

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Updated: April 27, 2012 11:51AM

Glen Ellyn and the College of DuPage have signed a five-year truce to end their ongoing battle over who has jurisdiction on campus.

After a mediation session with DuPage County Circuit Court Judge Hollis Webster, the two parties signed an agreement that places the college under the jurisdiction of the county but lets it remain incorporated in Glen Ellyn. This avoids the issues that would have been raised from the college de-annexing from its home of 39 years.

“We will be in the position to work with the county (to continue refurbishing the campus),” COD spokesman Joe Moore said. “We will no longer be in a contentious position with the village ... one that has cost taxpayers almost $500,000.”

Under the new arrangement, regulatory control of the college passes to DuPage County, but by staying incorporated the college will continue to receive water and sewer services from the village and pay Glen Ellyn taxes.

The dispute over jurisdiction, instigated at first by a dispute over an electronic sign the college was installing, began in earnest two years ago, although the college’s official line has been that the relationship had been contentious for the last 20 years.

The battle quickly became an argument over what governing entity the college had to obey. The college maintained it was a part of the Illinois State Education system and only needed to submit to the ordinances of the Illinois Community College Board.

The village consistently disagreed, maintaining the college was a local entity of government like any other and subject to the jurisdiction of the town or village in which it was incorporated.

DuPage Circuit Court Judge Terence Sheen handed down a January decision that ruled the college was indeed under Glen Ellyn’s jurisdiction, but also directed the two parties to work together to come to an agreement concerning the potential de-annexation of the campus from Glen Ellyn and the ongoing disputes over fines levied by the village on campus construction projects.

The new agreement effectively dismisses all current fines levied against the college for violations of Glen Ellyn village code, many of which were hotly disputed by the college.

After the agreement expires, the parties will have to decide if they wish to continue the new arrangement. They can either continue with the new agreement, or the college can remain in the village subject to its jurisdiction or seek de-annexation.

Ratification is required every five years for 20 years, after which the agreement automatically renews every five years, absent any move by either party to dispute it or renegotiate.

Moore saw no problem working with DuPage County officials.

“We’re very excited to work with the county,” he said. “They will welcome the opportunity to oversee the College of DuPage and provide regulatory control and authority over the college.”

Glen Ellyn officials are just as happy to see the problem resolved.

“We are able to ensure that there is a third party reviewing plans and doing inspections,” Village Manager Mark Franz said.

A great deal of the dispute, and the source of fines levied by the village, revolved around construction and building inspections that the college insisted were adequate, but failed to satisfy the village.

“We were able to solve this in a very unique way,” Franz said of placing the college under county jurisdiction.

The board of trustees of both the college and Glen Ellyn still have to formally ratify the agreement.