UPDATE: 1/8/16: The request to move the case from Chicago's Eastern Division to Rockford's Western Division has been granted. Jackson's attorney, Alejandro Caffarelli confirmed the decision to WNIJ.
Background
Keith Jackson has been NIU’s Comptroller since 1999. He was placed on paid administrative leave, and filed a federal wrongful-termination lawsuit Oct. 2 against Northern Illinois University, the Board of Trustees, President Doug Baker, and former interim CFO Nancy Suttenfield.
NIU and President Baker are represented by Illinois Attorney General Lisa Madigan. They requested a change of venue to move the case from the Northern District of Illinois Eastern Division Court in Chicago to the Western Division in Rockford.
According to court documents, they argue, “The majority of evidence resides in the Western Division, and the Western Division would be more convenient to the majority of witnesses and parties. The Western Division also has a greater stake in the outcome of this litigation.”
Jackson, through his attorneys, Caffarelli & Associates Ltd., opposes a motion to move the case from Chicago to Rockford.
Jackson and his lawyers claim, “Northern Illinois University is a public institution that serves all of northern Illinois (and all Illinois for that matter), not just the western part of the state. The jurors in the Eastern Division pay the same amount of taxes as the jurors in the Western Division in support of the University, and have no less interest in the outcome of this litigation.”
The Plaintiff’s response adds, “It is puzzling that Defendants would seek to transfer this matter to the Western Division when all parties (including the parties that filed this motion) are being represented by attorneys located in downtown Chicago, with offices within walking distance to the federal courthouse on Dearborn Street.”
Regarding attorney travel between Chicago and Rockford, they add, “It is all the more disturbing that the citizens of the State of Illinois will be required to foot the bill for all that attorney time.”
Jackson and his lawyers say most evidence could be transferred electronically.
Regarding witnesses, NIU and the defendants argue, "When evaluating the convenience of the witnesses, consideration may include the number of potential witnesses located in the two venues, the expense of transportation, the nature and necessity of the witnesses' testimony, and whether the witnesses can be compelled to testify."
A decision on a motion by NIU, the Board of Trustees, and President Doug Baker to dismiss the suit is stayed pending the outcome of the Defendants' motion to move the case to Western Division court in Rockford.
Briefing Schedule
Plaintiff’s response due: 1/8/16
Defendant’s reply: 1/22/16
Defendant’s second motion to dismiss is taken under advisement
Attorneys Michael Zbiegien, Jr., and David H. Wallace also filed documents requesting permission to appear and participate on behalf of former interim CFO Nancy Suttenfield, who now lives in North Carolina.
Previously
Jackson's lawsuit, filed Oct. 2 in Northern District of Illinois Court, names NIU President Doug Baker, the Board of Trustees, and then-CFO Nancy Suttenfield as defendants.
Jackson, of Hinckley, claims he has been barred from campus by Baker and Suttenfield and placed on involuntary “administrative” leave pending his termination in early 2016.
In 2012, Jackson was charged during the so-called “Coffee Fund” scandal.
The Coffee Fund consisted of proceeds from scrap metal which should have been turned over to the State but instead were used to pay for office parties.
The DeKalb County State’s Attorney later dismissed the charges against Jackson in that case.
In the filing, Jackson says Baker asked him to sign off on a contract for Suttenfield to serve as interim Chief Financial Officer. Jackson reportedly refused to do so “on the basis that the contract required the approval of the Board of Trustees, and because processing the payments would have violated the Illinois procurement laws that required competitive bidding.”
According to the filing, as a result, Baker arranged for Suttenfield to be paid through the Northern Illinois University Foundation.
The lawsuit claims Suttenfield "immediately exhibited hostility toward Mr. Jackson," alluding to his refusal to sign off on her contract.
On May 13, 2014, Suttenfield allegedly told Jackson that if he did not sign a “Resolution Agreement” within three days the administration would “find” cause to terminate his employment. The agreement provided for two week’s pay, no future employment, and a “neutral” reference in exchange for Jackson’s immediate resignation.
He did not sign it, and filed a formal grievance with the university.
According to the lawsuit filing, Jackson also claims the defendants cut his access to e-mail and other forms of communication, and repeatedly made false, “unfounded, and highly damaging statements about purported unprofessional conduct” that he says has made it virtually impossible for him to find employment elsewhere.
The filing also says, “President Baker and the current University administration have engaged in a pattern and practice of placing University employees on immediate involuntary administrative leave, cutting off their access to e-mail, barring them from campus, and wrongly threatening to fabricate bogus charges in order to pressure them to sign separation agreements whereby they waive their rights and 'voluntarily' resign, thus willfully and maliciously flouting the University’s own procedures regarding notice and other administrative requirements.”
The lawsuit lists several people who it claims were pressured into resigning.
Jackson is asking to be reinstated as Comptroller, along with punitive damages. His attorney, Alejandro Caffarelli, says they are withholding comment at this time and will let the complaint speak for itself.
Disclosure: Northern Public Radio is owned by, and licensed to, Northern Illinois University
