The Illinois Attorney General’s office issued the following ruling in a letter dated November 16, 2010:
Dear President Wolfmeyer:
On February 16 and February 18, 2010, this Office received three Requests for Review alleging a violation of the Open Meetings Act (OMA) (5 ILCS 120/1 et-seq.) by the Peoria School District 150 Board of Education. The Requests for Review raise questions whether the Board violated the requirements of OMA when four members of the Board attended a February 16, 2010 event with media and the District’s new Superintendent that was closed to the public.
On February 26, 2010, this Office sent a further inquiry letter to Board of Education President Deborah Wolfmeyer requesting the minutes and the audio recording of the event. On March 12, 2010, School District attorney David Walvoord responded to our further inquiry letter and supplied us with an audio copy of the meeting and a written explanation regarding the event.
In its written response to our letter, Mr. Walvoord confirmed that four members of the District’s seven-member board, including the President and Vice President, were present at the event. Clearly, therefore, more than a majority of a quorum of the Board was present and gathered at that time.
One requester was told by District Spokesperson Stacey Shangraw that the event was open only to “members of the professional press.”
This Office has reviewed the audio CD supplied to us by the District. The event’s timeline follows:
2:54- Primary speaker invites questions from the media “for us.” 4:07- In response to a question regarding whether deficits came up in the selection process, the primary speaker states, “I don’t think we got into those kinds of specifics,” and goes on to recount that Lathan shared “with us” an anecdote about a deficit she dealt with in her job with the San Diego school system.
6:00- In response to a question whether Lathan has unanimous support of the board, the primary speaker states “she has the full support of the board.”
13:00- At this point, multiple board members amplify previous answers. At least 3 board members appear to speak interactively at this point.
21:00- The primary speaker notes that “we” are paying for her expenses while she’s here.
23:00- A Board member other than primary speaker makes concluding remarks.
In his letter, Mr. Walvoord explains that the press conference did not violate OMA because the only comments made by Board members were in response to press questions and that there was no discussion or dialogue among the Board members present.
For purposes of OMA, a “meeting” is defined as a gathering of at least a majority of a quorum of the members of the public body held for the purpose of discussing public business. 5 ILCS 120/1.02. The phrase “discussing public business” refers to an exchange of views and ideas among public body members on a matter or matters germane to the affairs of their public body. It is not directed at casual remarks, but, in effectuation of section 1 of the Act (5 ILCS 120/1), at discussions that are deliberative in nature. A deliberation in this context is a discussion aimed primarily at reaching a decision on a matter of concern to the public body, regardless of whether the discussion will result in the taking of an action, will set policy or is preliminary to either. See, Guide to the Open Meetings Act, at 20 (Rev. 2004).
In this instance, we conclude that although a majority of a quorum of the Board was present at the February 16, 2010 event, the Board members did not engage in a deliberative discussion of public business, and thus, did not violate the Act. Based on our analysis of the audio recording, the comments made by the individual members in response to questions posed by the members of the media did not constitute a deliberative process aimed at setting policy or that could lead to a final decision by the Board. Accordingly, the gathering was not a “meeting,” for purposes of OMA.
Therefore, we find that further action is not warranted.
We would strongly suggest, however, that gatherings of this nature should be discouraged. Clearly, in these circumstances, the gathering of four members of the Board in a venue closed to the public caused serious questions to be raised as to the propriety of the event. Further, although a gathering may not be planned with the intention of discussing public business at its outset, the gathering is subject to conversion to a statutory “meeting” at any point. Thus, a gathering will becomes [sic] a “meeting,” for purposes of the Act, if the attention of the requisite number of public body members present turns to a deliberative discussion of public business, whether or not there was any intent to conduct a “meeting.” Had this occurred in these circumstances, a violation of the OMA would inevitably have happened.
Should you have any questions or would like to discuss this matter, please feel free to contact me at (312) 814-5383. This letter shall sever to close this file.
Sincerely,
Cara Smith
Public Access CounselorBy:
Matthew Rogina
Assistant Public Access Counselor
new voice writes did they catch the gas station murder er yet
Thank goodness that Walvord is gone along with his bizarre interpretations of the law. I think Madigan’s office, to her credit, threw the District a life-line.
Don’t ya all just hate it? Go to a hanging and the victim doesn’t show.
emtronics
Don’t you love a crime when the states attorney does not show up? (past OMA violaton by the Peoria Park District)
Open goverment should be a standard by all. Who actually knows what is discussed in exc sessions.
And we learned from Bush’s lawyers we can trust State and Federal Attorneys.
the AGs Office is good. say what you will.
I tried to watch last week’s meeting tonight. The sound was very poor quality.
I am, also, trying to watch but everything is garbled. Moving from school to school might not be such a good idea.
Sharon–what are they discussing? PTO…PTA…Parent Advisory??
??? Sharon – and you are surprised that the sound was poor? Personally until they quit playing that hide and seek game of moving the meetings around they are giving themselves ample excuses for poor sound, poor lighting, poor production etc. The BOE room on Wisconsin was and still is set up with tax-payer paid wiring for the media to capture hard wired sight and sound.
Without malice–I started to say all that–so true. TR64, I think they were discussing how to control PTO money–all an outgrowth of the situation at Lindbergh. However, most PTOs won’t take too kindly to District 150 having control of the money they raise. At one board meeting I called attention to what was done again at this meeting. They cut out the public comments and then include Dr. Lathan’s responses to public comments. Therefore, the public hears Dr. Lathan’s responses but aren’t allowed to hear the public comments. At this meeting (in response to public comments) she said something to the effect that those who throw stones can go outside with posters to protest.
Accusations of stone throwing: does that comment appear under the “respect the customer” portion of the meeting?
“At this meeting (in response to public comments) she said something to the effect that those who throw stones can go outside with posters to protest.
That kind of attitude is what led up to the lawsuit in the Lindbergh situation. God forbid, somebody question what is going on!
Wow! Just when you think they might be “getting it”….
Should have known.
perhaps they aren’t getting it yet….just found out tonite that our grand daughter’s bus has been an hour or more late picking kids up from school all this week. While I understand that bus issues have been plentiful this yr, I would hope that Jamieson would not be where these problems arise. The children at that school have enough challenges in their lives. Having to wait for over an hour in the office for the bus for these children is not only sad, but against the law. Children w/ IEP’s are only allowed to be left in that type of situation for 10 minutes according to the regional Supt of schools office. We understand that the bus barn has a contract with the district. What we don’t understand is that after 4 days, this problem still exists.
Alas, there were no mitigating statements made in the Attorney General’s response asking District 150 to povide the information I requested and was, subsequently, denied by the district.
I just wanted to share the following information because it reveals that the FOIA laws do demand that public bodies deal fairly with requests for information.
The last paragraph of the letter to me from the Attorney General’s office reads, “We have determined that District 150 has not met its burden to withhold the requested information under Section 7.5(r) as the Illinois Supreme Court has ruled that release of masked information about students is not prohibited by the School Student Records Act. We ask that the District immediately respond to Ms. Crews’ request in accordance with the requirements of the Act by releasing the requested information.”
The first paragragh of the letter relates to the information that I requested: “On September 8, 2010, the Public Access Counselor received from Ms. Crews a Request for Review of the Peoria School District’s denial of a FOIA request submitted August 16, 2010, in which Ms. Crews sought, among other things, “the total number of credits earned” for seven students identified by fictitious ID numbers. Additional information regarding these students and total numbers of credits for 106 other students had previously been provided to Ms. Crews. District 150 responded denying that portion of Ms. Crews’s request pursuant to Section 7.5(r) of the FOIA.”
Sharon – how can I FOIA info on a teacher and see if they are doing the job we pay them for? Why does my child have to suffer for bad teaching? How do I FOIA and deal with that?
PHS parent:Only a BAD administrator would hire a bad teacher. Start there….Oh, and while you’re at it, why don’t you check to see how many teachers are NOT HIGHLY QUALIFIED to teach their subject area in the MIDDLE schools. There are MANY of them at the “simply the best” school…..wonder how they got such high ISAT scores when so many of the teachers aren’t even highly qualified to TEACH the subjects they are teaching. In fact, some of them haven’t gotten ONE hour of college credit since receiving their bachelor’s degree 20 PLUS years ago. But alas, that school is “simply the best” because their former administrator who was indicted on 16 felony counts, covered all of their butts…..another class act!
uh hum – Mr. Simmons is a great principal. He has some teachers who can’t teach. Why should my baby suffer? Just lookin for help and direction hater.
Excuse me, but Mr. Simmons is the EVALUATOR, thus direct supervisor of these BAD teachers. If they are that bad, then why are they receiving satisfactory evaluations(which they must be) and not UNsatisfactory evaluations which can lead to dismissal after a remediation period if “said” teacher is not remediable? Could it be that it would be too much work? Ask your principal WHY he has bad teachers at PHS…..I would! You complain about BAD teachers and you call me a hater! Laughable. Maybe it has nothing to do with being a bad teacher, maybe they are just tired of trying to teach amidst the chaos of teenagers who are in many instances raising themselves….and not doing such a good job of it. It would be much easier to teach if a teacher did not have to spend half of the class period “putting out fires” caused by disrespectful behavior continually going on. Oh, PHS parent, why don’t you go VOLUNTEER some FREE time at PHS and HELP. As an aside, by what instrument of measurement are you using in qualifying Mr. Simmons as a GREAT principal?
You definitely can FOIA the credentials of any of your child’s teachers. I believe that in my school years I had a few bad teachers–my life was not destroyed by them, however. Any bad teacher can be removed from the classroom if the proper and legal steps are taken.
Yes, it does take effort and it does require following the rules. Yes, teachers in District 150 are given the benefits of tenure–that is the system in place and that is the system with which administrators must deal. You might wish it were otherwise but it is what it is. Sometimes the tenure system does protect “bad” teachers, but far more often it protects “good” teachers from unfair administrators. It is a matter of checks and balances.
Part of the problem of the current situation, of course, is that closing schools has caused considerable shuffling of teachers. The district, which did not plan ahead for this event, did not take precautions to match teachers with the positions available. For instance, a really great high school teacher might not do nearly as well as a kindergarten teacher. Other qualities besides academic credentials need to be considered. The district has upset many an apple cart, so to speak. However, it doesn’t want to bear the responsibility for its bad decisions.
I might add that overcrowded classes at the high school level (and at Peoria High,in particular) add to the problem. The types of discipline problems that students bring to the class(and in greater numbers than ever) require a special kind of stamina and temperament not required of a “good” teacher 20 plus years ago. The district had to act in haste in relocating so many teachers at one time–the blame if there are mismatches clearly lies at the district’s collective feet. They must follow the negotiated rules that are in place to remedy these situations.
Please remember that Randy Simmons has not had an opportunity to evaluate any of his new teachers yet. Evaluations are usually done in the spring. Any teachers entering PHS from other locations were evaluated by some other administrator last spring. Many factors are at play here, so hasty uniformed judgments should be avoided.
I might add, however, that when the plans were made for merging the two high schools, Jeannie Williamson, who was paid to see to it that the merger was successful, did promise that all teachers new to the building would be provided a mentor. I believe there is every possibility that that promise was not kept. No one has had an easy time during this period of adjustment to a plan that was less than well-thought out–PHS administrators, teachers, and students have been under considerable strain.
Mapleton – I feel your pain. It is literally a “coin toss” as to whether or not our kids will be picked up that day. In fact, I would estimate that we have had NO bus service for more than a month out of the school year so far. When you ask about it at the bus garage 1 of 3 things may happen. They will say 1. It is all worked out and tomorrow we will get your kid at x:xx. (and then it won’t happen.) or 2. We were there and you weren’t (which is a lie) or the latest…3. Yup. We don’t have the capacity to pick up your kids – deal with it. When I press for the reasons, they change daily as well. Day one – bus driver is sick. Day two – bus driver is temperemntal. Day three – bus driver had a death in the family. Day 4. We don’t have enough drivers. (Excuse me – what are Peoria’s latest unemployment rates???) It’s like reality TV! At least they have enough administrators though, which is a huge relief. Full disclosure – the bus has been here and on time every day for the last two weeks – but subject to change without notice!
Train all administrators on how to drive a bus. Have them run routes when there are not enough drivers. D150 is responsible to get these students to school, period!
Get an administrator like Harry Whitaker, who wouldn’t put up with this crap from the drivers or whoever is in charge of them, and you wouldn’t have these problems. Everything today is blamed on socio-economics, they had them in the days of Whitaker and he figured out the answers. Basically the answer was the kids don’t run the schools and bad employees do not work for us very long.
Wacko, Harry did lose a considerable number of lawsuits and cost the District considerable money in trying to maintain an authoritative hold on teachers and students. You can argue who was right or wrong, but the law wasn’t always on Harry’s side. Of course, there wasn’t as much (hardly any) busing when Harry was superintendent, so he didn’t have to worry about hiring drivers. Actually, the current problem is based more on a lack of drivers–the District is having a hard time finding people willing or qualified to drive buses.
As far as “getting rid” of “bad” teachers, I don’t think Harry successfully terminated very many. It would be interesting to study data to see how many non-tenured and tenured teachers were actually “encouraged” to leave. The fact is that in that era teachers were seldom evaluated–the evaluation system today is much more detailed, etc. In that era, punishing teachers quite often was done by moving them to what was considered to be a less desirable school (a perceived demotion, if you wi8ll). I can remember that we used to joke about “being sent” to Harrison.
“the District is having a hard time finding people willing or qualified to drive buses. ”
Sharon, this is no different than saying illegal immigrants are doing the work Americans won’t.
Pay an American enough and he will drive buses, pick lettuce, dig coal or invade a country overseas in a imperialistic war.
… or work in radio and TV and sell whatever your boss tells you to sell… fear, panic, consumerism…
Charlie, I did forget to add the part about wages and no benefits–another reason why bus drivers are hard to find.
Sharon: I didn’t mean to get rid of teachers, I know how difficult that is for tenured ones, I was referring to these drivers, who have no tenure.
wacko–thanks for clarification–I just added more than my two cents’ worth, as usual. 🙂
Authoritarianism is not an effective management style. It commonly leads to rights violations and financial liability to taxpayers. Parents, teachers, and students would be wise to know their rights. There is a lot of information provided via ACLU (Illinois Chapter), not to mention the U.S. Constitution (i.e. does your school have a policy manual that is not in compliance with school board policy or Illinois School Code?) That is usually a good place to start when in doubt. A school’s refusal to bring the building policies into compliance with board policy or school code will confirm your concerns. Documentation is key. Sadly, the process moves much faster if you can afford an attorney. The ACLU does not charge for representation.
Randy Simmons is a good principal, a fine human being who truly cared about the children. I wonder how he feels now that he has been put in this impossible situation. He is a teacher and administrator, not a law enforcement professional. The police need to arrest all these thugs and make it stick before a tragedy occurs. The principal and teachers can’t be expected to do the impossible. How would you like to go to work every day wondering if you would be alive at the end of the day. The entire executive staff needs to leave Wisconsin Ave., and get over to PHS and help out along with lots of parents. Come on people, this is an EMERGENCY. Stop worrying about the thugs and worry about the multitude of students and staff who are in real danger!!!
The principal at Peoria High begged for this position and he begged the district not to go for the grant. He has gotten what he wanted. Now he should step up to the plate and do his job. Placing blame on central admin is a very weak defense. And please don’t blame Williamson. You people should go over and spend a day watching what really happens at Peoria High and what the principal really does all day.
Oh by the way….principals can not cover up non ‘highly-qualified’ teachers….that is done through the human resource department. Before you talk….know what you are talking about…….
Principals may not be able to “cover up” highly-qualified teachers, but Mary Davis did!
Yeah, Randy Simmons is a terrific principal. I only wish Richwoods had one so good.
“the District is having a hard time finding people willing or qualified to drive buses. ”
Sharon, this is a very out of character statement for you to make. The goal is to transport children safely and on-time to school. “We don’t have enough bus drivers” is the same as saying “You can’t get there from here”. If they can’t get the kids to school safely and on-time, then start replacing personell until they can, starting at the top. Someone will figure it out.
I know this is slightly off-topic, but PJS just reported that ICC is partnering with PHA to continue the GED classes at Taft, Harrison & Proctor. ICC is covering the salary for an adult education teacher three nights a week at Harrison and Taft Homes and Proctor Center and cost of supplies.
http://www.pjstar.com/news/x1171016121/Illinois-Central-College-funds-PHA-education-program
So Sharon, looks like you and Hedy can continue to be out there making a difference in so many lives!
Dennis, yes, Hedy can continue doing the great job she is already doing. Last week I decided to stop for a while–at least, until the spring–until after Christmas and my knee surgery. I needed a bit of extra time to spend with my pretend grandkidsbecause their parents are busy with District 150 activities.
Sharon–Is it possible there may be administrators who have found ways of “skirting” around tenure? Someone really should look into the interviews that were cancelled in May, 2009 because of a claimed emergency that would be very easy to verify. It just seems an odd coincidence given the comments made by this administrator about the teacher who wanted an interview. But, coincidences do happen every day, right? Administrators really must be held to the same standards as teachers. Also, I disagree with veteran, female teachers being paid less for an after school activity than a newer, younger, male teacher (who is also a former student of the principal–another “coincidence” for sure!).
The only way we are going to know about these inequities is if teachers decide they are fed up with the secrecy, etc., and band together to speak out against it. Those of us on the sidelines know what is going on only because some teachers are willing to tell us. However, there does come a time when courage is needed. Of course, I maintain that job security is far greater for those who dare to come forward with the truth. Teachers must learn to band together to help each other instead of looking out for only themselves. My advice has always been that if you’re willing to go out on a limb, don’t expect anyone to follow you; they will, however, stand around the tree and cheer–that just has to be good enough for those with the courage to stand up for what is right.
“I maintain that job security is far greater for those who dare to come forward with the truth”
Sharon-
Past events in D150 prove otherwise!
Time for Ethics: I agree!
Change of meeting place for District Watch this week only (Monical’s is too busy with Christmas gatherings)–we will be meeting on Sunday at 6:00 at Donnelly’s at 4908 N. Renwood (near Glen and War Memorial)
Timeforethics: By coming forward, I mean “going to the press,” not going as a group to complain to District 150 administrators. Do you know of any time when people went to the press before taking legal action, etc.?
http://www.chicagotribune.com/news/sns-ap-us-education-poll-blaming-parents,0,1949319.story
Can we finally stop blaming teachers?
It seems when it comes to the quality of public education:
Teachers blame administrators and parents;
Administrators blame teachers and parents;
Parents blame teachers and administrators
The rest of the general public blames all three.
So how do we get the teachers, the parents, the administrators and
the rest of the general public to work together to come up with solutions,
instead of just complaining and blaming?
FINALLY:
“An Associated Press-Stanford University Poll on education found that 68 percent of adults believe parents deserve heavy blame for what’s wrong with the U.S. education system — more than teachers, school administrators, the government or teachers unions.”
A POLL??? Have you ever read The Onion? Polls can conclude whatever you want them to conclude. If you ask Americans about aliens from outer space, angels and or leprechauns you can get at least 1/3 who will answer affirmatively.
SO… adults (parents) think parents (adults) are to blame? Everyone but themselves, right?
“So how do we get the teachers, the parents, the administrators and
the rest of the general public to work together to come up with solutions,
instead of just complaining and blaming?”
@ Dennis in Peoria:
You can’t. What you have is a system that self perpetuates its own inadequacies so to demand more money to solve its self caused problems …
Until we tear down the old system and start over, there is no solution.
My Attorney General victory is on hold for now. I erred in not reading the inside address of the letter from the Attorney General to Robert Gates, the board lawyer. Most of the address was correct (Gates name, firm, firm’s address). However, a Clark Street address was also used, and the letter was sent to Chicago, IL (to the Chicago Public Schools). Therefore, District 150 did not receive the letter and I erred in stating last night that their deadline for turning over data to me was about over.
Gates has appropriately scolded me for making this statement at the BOE meeting. Gates now maintains that the whole letter and its contents, not just the address, are inaccurate. He states, “Additionally, the letter fails to address a number of issues raised in my correspondence of October 11. These issues beg the question of who this letter was intended to be sent.”
Personally, I believe the whole letter (dates, arguments, etc.,) all relate to my FOIA, but the Attorney General will be the final judge of that. However, there will undoubtedly be a lengthy delay while District 150 continues to refute my request. There is no doubt that District is paying dearly for their desire to withhold data from me—the credits earned by seven Manual seniors. The irony is that I was already given the same data for the other 106 graduates. The only reason I didn’t receive this data in the first place is that I discovered on my own that there were actually 114 graduates, not 106 (without names or actual ID numbers). Therefore, I asked for the same data that I had received for the other 106.
Sharon – what is the total cost incurred by the District for staff hours, etc. to compile your FOIA’s so far this school year? What has been the net benefit to the District for those efforts?
D150 parent–I don’t know–you can FOIA that information. It takes only a push of a few computer buttons to gather the information–all of it is at their finger tips. However, the cost is for the lawyer who has to try to find ways to avoid giving out the information. It only benefits the District if anyone pays attention to the info. Last night I presented data showing (among other things) that there are 73 classes in the high schools with 30 or more students. If you are a District 150 parent, class size information should be relevant to you and to all the parents who have students in one or more overcrowded classrooms. The district isn’t going to announce publicly that classes are overcrowded.
Dr. Lathan said that the board was aware of the large classes and that she was working on it. I found that to be a strange answer when it is December and the semester is all over but finals. How can she be working to reduce the class sizes?
Reducing class sizes wouldn’t even be possible because the class sizes for most given subjects are all large. For instance, English 1 at PHS (31, 31, 31, 30, 30, 30, 29, 29, 29) Richwoods (32 31 30 28 27 26 25 16), Manual 29 28). Reducing class size would mean adding teachers (Woodruff was closed to get rid of teaching positions). Also, I believe that all rooms at PHS are being used–little room to add more classes.
I would be happy to share all the data with anyone who wants it–just ask and I can email it to you.
By the way, I am not the only person who asks for FOIA’d data; however, to my knowledge I am the only one who shares data with the school board and/or the public (except for the press and bloggers). Many individuals FOIA data that is more personal in nature. Also,quite often I have to FOIA a second time because the District fails to give me the info I requesteed the first time. For instance, I asked for the number of students in all social studies classes. When I began to compile the data, I realized that U. S. History and World History classes weren’t even listed, so I had to reask.