In a Jan. 20 editorial, the Reporter takes D99 to task for its delay in responding to a request for information by the Illinois Attorney General’s office.
The letter from Assistant Attorney General Amanda Lundeen, dated Nov. 10, 2009, asked for a written response within 30 days to a complaint from the Reporter alleging that the board had gone into closed session on April 27, 2009, to discuss the impact of the district nepotism policy on newly elected member Deborah Boyle — a meeting the Reporter alleges exceeded the scope of the exceptions allowed under the Open Meetings Act.
The AG’s letter arrived at D99 offices on Nov. 18 and was immediately referred to Todd Faulkner, the board’s attorney, said Supt. Mark McDonald.
“He indicated to me that he would review the letter, perhaps contact the Attorney General’s office and draft a response for (Board President) Julia Beckman and/or me,” McDonald said in an e-mail. “It was the district’s intent to respond to the letter in the timelines offered.”
However, a timely response from Faulkner was not forthcoming and the matter fell through the cracks during the holidays. Further, the AG’s letter erroneously referenced a second meeting date, Sept. 27, 2009, which caused some confusion.
“I failed to be vigilant in terms of checking back with him during the days immediately following the receipt of the letter,” McDonald said. “I take responsibility for that.”
The AG’s office sent the district a second letter, dated Dec. 23, but that, too, fell through the cracks. It arrived during the Christmas break and, while McDonald was on the job, most of the central office staff was not.
“I did not review the incoming mail for the week,” McDonald said. “I did not see the second letter from the Attorney General until Jan. 4; the response was mailed on Jan. 5.”
In its response, which was signed by Beckman, the district said it “received and discussed its attorney’s advice on the application of the board’s nepotism policy to two employees and Deborah Boyle and related collective bargaining matters.”
In addition to the six school board members, McDonald, Faulkner and Assistant Superintendent for Student Learning Mary Biniewicz were present for the closed session, according to the letter.
In addition to the letter, D99 forwarded its Notice of Special Meeting for the April 27 meeting, its nepotism policy and its “Guidelines for Application of Nepotism Policy 2.100.” It did not furnish minutes from the closed session.
The district had denied a May 5 FOIA request for those minutes from Mark Thoman, as well as his subsequent appeal.
The question now is whether the AG will accept the district’s response or request further information. Perhaps the minutes — or a recording thereof — could clarify once and for all what discussion took place in the meeting?
Elaine Johnson contributed to this story.
They will not give the verbatim recording of the meeting to the AG because, if they do, I assume it would show that this closed session violated the Open meeting act. This board will continue to waste money on Lawyers fees fighting each other. Last month they spent over $10,000 dollars in attorneys fees on this issue as well as asking the attorney for an opinion regarding an issue raised by Lucy Lloyd a/k/a Megan Schroeder’s campaign manager, that Lemke somehow had a conflict when he participated in discussions at a board meeting regarding negotiations between 99 And DG park district. There was no conflict. While foolishly spending money on their personal infighting, they are starting to charge for kids going to the TCD program. It was indicated last night that more fee increases are coming. This BOE is out of control. They are looking for two million dollars to cut for the 2010-2011 budget and spending money on this. Way to go!
Interesting they basically said shove off you got anything else see the lawyer. Sheds some light in the other lawsuits they get themselves into. Makes you wonder. No shame, no scruples. Can’t wait for them to be endorsing again next council elections.
And every time they screw this stuff up, or run to hide behind the outside attorney, the district spends MORE of the taxpayers’ money that should be educating students.
I listened to the meeting.
The Lemke complaint letter. Ever since Bob Lemke decided he would do the right thing and work for taxpayers, residents and students of District 99, he’s had a bumpy road from Cabal 99. The D99 BOE would not dignify naming the “member of the media” or “blogger”. I know it wasn’t me, it wasn’t EJ, I doubt it was Ryan, so it’s Lucy Lloyd; a simple FOIA of the document would show that. And a simple yeah we got your letter and your complaint against Lemke has been noted…along with your Chairmanship of the 2007 Leadership for all 99 campaign, and your ties that bind you tightly to a board that seems determined to drag this out and wear down Lemke for as long as possible.
For a board so concerned about the merest whiff of an appearance of a conflict of interest; hey Megan Schroeder, she was your campaign manager, how about disclosing that? McCarthy? No one remembers that fact? Yeah, we all got a whiff of that all right.
The request for clarification and information on a possible Open Meetings Act violation from the Illinois Attorney General’s office. The “private” attorney for the D99 BOE Todd Faulkner and BOE President Julia Kennedy-Beckman take two months to cut and paste the ethics policy and the implementation policy (written four months after the Open Meetings Act violation) to a response that says buzz off and send it back with a footnote to never bother them again?
You got any more questions? Talk to my lawyer, Lisa Madigan, but don’t ever try and talk any more to us. So even the IL AG Lisa Madigan can shove off when it suits the D99 BOE.
At the meeting Superintendent Mark McDonald tried to take another bullet for the board by taking responsibility for that fiasco being over a month late. Sorry Doc, you passed it on to the BOE “private” attorney that we all pay for, and if he can zip out six pages on Lemke, he can respond to a direct request from the Illinois Attorney General’s office. Lawyers do not lose track of time. That does not happen.
Dr. McDonald, you did not call the closed meeting, you did not write the nepotism policy, you did not author the implementation, you did not participate in savaging Ms. Boyle’s reputation and motives for running during the election, you did not follow her around at the library meet and greet when she was endorsed by an Advocrats spin-off and verbally disparage her, you did not challenge her election, you do not participate in the continuing mindless rage against Boyle’s very presence on the board, the continued sniping and disparagement at every opportunity.
Your taking responsibility for this fiasco is rejected. You did not participate in any material way to any of the BS that leads up to the moment where you try and take the blame, so I for one refuse to accept you stepping once again into the line of fire and letting “certain members of the school board” hide behind you. It’s high time they start taking responsibility for themselves and their own actions.
Mark, you are right on. This delay in responding was not McDonalds fault. I know of no lawyer who loses track of time. It is amazing that this BOE spent about 20 minutes talking about raising fees and almost an hour about Mr. Lemke. It seems to me that if you are on this board, ask questions about the budget, fees, maintence ,etc., certain members will do anything to quiet you. I se no way this BOE can effectively lead anymore.
Wow….you said it Mark and Dan. Now need it to get out to all of the voters who are hoodwinked by this batch of inept, cynical, mean and vindictive board members (you know the ones). It literally sickens me that our children have any trickle down remnants of their ‘leadership’ shaping their education. It’s time to get the word out and for the VOTERS to wise up before next election season.
I know this is off topic but could we set up a thread to discuss the tuition increase for the vocational training programs? I dont have an issue with it but rather some observations about the direction the school district may want to take in the future. thanks.
Chad: Good point. I’ve been up to my eyeballs lately, but will try to get that post up ASAP.
Thanks EJ!!