MACOMB COMMUNITY COLLEGE FACULTY ORGANIZATiON
MEMORANDUM
 
TO: MCCFO Members

FROM:Jim Yizze, President, MCCFO

RE: John Bonnell Suspension - Update
 
DATE:March 31, 1999
 
1. As I reported to you in the memorandum dated March 2, 1999, the administration suspended John Bonnell, with pay and benefits, while it investigates activities surrounding the three-day suspension of John for violating Board policy.
 
2. After three postponements, a hearing related to the current ongoing suspension was scheduled for March 11, 1999. MCCFO officers and our attorney, Mark Cousens, were in attendance to assure proper MCCFO representation, as we had done in all prior hearings. However, John Bonnell did not show up for the hearing. As a result, the meeting was canceled and it was not rescheduled. John did not contact MCCFO. In fact, we have not heard from John since early March.
 
3. Later the same day, March 11, attorneys representing John met with College officials and attorneys. MCCFO was not invited to the meeting so I can not report to you what happened.
 
4. On March 10, 1999, John and his wife, through their attorneys, Juan A. Mateo and James C. Howarth, filed two civil suits in U.S. District Court. John and his wife are the plaintiffs in both suits. The named defendants are Albert Lorenzo, William MacQueen, Gus Demas, and Mark Cousens, the attorney for MCCFO. Copies of both suits have been distributed to all Senators. Contact any one of the Senators if you want to read the suits.
 
5. One suit requests Judge Borman, who was assigned both cases, to serve an injunction which would reinstate John to his teaching position permanently, or at least temporarily, "pending a determination of the issues at a hearing to be set by the Court." In this suit, it is charged that the union does not support John's interest and that the union will not allow him to have a fair hearing "with counsel of his choice." The fact of the matter is that John has had MCCFO representation, including our attorney, throughout the process. Noteworthy is the fact that John failed to appear at the scheduled March 11 hearing even though we had MCCFO representatives and our attorney there. Also, John has been to1d that if he wants, he can request MCCFO to withdraw from assisting him. Such a request would allow John to employ his own counsel to represent him during the current investigation being conducted through the contract. However, such action would preclude future access to union protection under the collective bargaining agreement only as it relates to this matter. To date, John has made no such request. Consequently, MCCFO will continue to provide him appropriate representation in matters related to our contract.
 
6. In the other suit, John is seeking monetary damages in excess of $50,000 for mental anguish, wage loss, and attorney fees. In this suit, it is charged that the union does not support John's interest or position. Further, it is stated "that the union and administration are working together to destroy Professor Bonnell's teaching career and to violate his First Amendment right to free speech and association, his Sixth Amendment right to counsel and his Fourteenth Amendment right to due process and equal protection of the laws during his disciplinary process." It is true that the Senate, after careful deliberation and investigation of the situation as it was presented, decided not to support his requests to grieve both the initial three-day suspension and the privacy directive, because it did not conclude that the contract was violated. However, there has been continuing concern about John's career. In fact, we all would like to see a settlement of the issues that would allow John to return to the classroom. To say the union is trying to destroy John's teaching career is simply not true. It is not only an insult to this union, it is also a serious allegation that will not be ignored. I intend to challenge this accusation by all legal means and possibly demand appropriate sanctions.

7. A hearing has been scheduled for April 28 with Judge Borman to be attended by College attorneys, our attorney, and John's attorneys to discuss the suits. Also a status conference with the judge is scheduled for April 19.

I again want to assure you that the Senate has been acting properly. We have provided appropriate MCCFO representation in contractual matters throughout the process. MCCFO's record speaks for itself. We will not allow our reputation to be impugned or our authority as sole bargaining agent to be eroded.
 
 

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