Questions surround D150 handling of Davis leave

Diane Vespa has a post up on her blog detailing what appears to be a clear violation of District 150 policy regarding paid administrative leave.

Board policy 5:240 states that a “professional employee” can be suspended with pay “during an investigation into allegations of disobedience or misconduct,” but, “no suspension with pay shall exceed 10 school or working days in length.” Mary Davis was put on paid administrative leave September 9 while police continue to investigate allegations of misappropriation/theft of funds. Diane was told by D150 spokesperson Stacey Shangraw that Mary Davis is still on paid administrative leave, obviously well past the 10-day limit outlined in the board policy, and “will remain on the payroll until the outcome of an investigation by the States Attorney’s office.”

According to section 2:10, “The Board’s powers and duties include the authority to adopt, enforce and monitor [emphasis added] all policies for the management and governance of the District’s schools.” So why aren’t they doing it? Are they unaware of their own policies (lack of monitoring)? Or are they just giving Mary Davis special treatment (lack of enforcement)?

They certainly follow the letter of the law when the public gets up to speak at board meetings. They have a little timer and don’t mind cutting you off mid-sentence to make sure you don’t go overtime. And they don’t show any favoritism — they made no exception to the policy for former third district councilman Bob Manning when he tried to extend his time. It would be nice if they’d show the same fastidiousness when it comes to spending taxpayer money.

77 thoughts on “Questions surround D150 handling of Davis leave”

  1. Sharon: Julie McArdle spoke with payroll in early September regarding the “pay” for the student teacher. She also spoke with Dr. O’Brian in September regarding the friend of Davis’s that was coming over to counsel students (not an employee of 150). She spoke with Guy Cahill several times at the beginning of the year regarding her salary-Davis gave her different figures than she gave to Hinton (now there’s a surprise)! She received a call from a secretary at a primary school asking her why she had the brother of a student at her school with a different address (library aides). She emailed Davis and asked about that also. All of which can be backed up with foia’d emails. After each of these events, there should have been some investigating—yet there was NONE. Davis did her best to hide, bury the truth, and outright lie to cover her tracks at every turn. If the superintendent will not investigate problems(and he was given PLENTY of opportunity to do so) in the district that he is charged with running, then he too is culpable, in my book!

  2. 150teach–Agreed, all of these accusations should have led 150 to investigate from within. That is why I believe the district deserves whatever penalty comes its way–too bad it’s the taxpayers who have to pay instead of the individuals who ignored McArdle’s. Herefod, remarks like yours seem to be uncalled for–too much speculation.

  3. Can’t wait to sing, Oh Happy Day! I also can’t wait until this district gets it’s act together and focuses on the needs of the students and not the distractions of unethical employees.

  4. W. Patrick Dolan — Restructuring Our Schools —

    Several of us teachers are meeting with W. Patrick Dolan tomorrow night. His book — Restructuring Our Schools — is the first book I’ve read that not only highlights the problem districts (like ours) are facing . . . but also offers a solution that isn’t a bunch of cliched B.S.

    If you know me, you know that the last thing I’m in favor of is having consultants come into our district (in any way, shape, or form). Our district has been taken to the bank by far too many of them. This dude, however, seems to know what the heck he’s talking about.

    Further, I have a bit more trust for Dolan because he made his living in the “real world” . . . consulting for major companies . . . before turning his talents to education. I mention that because many consultants in the realm of education are nothing more than vultures who write bogus books and create bogus companies to snatch up Title I (and other) funds from districts. (Uhhhhh . . . Edison? Johns Hopkins? Ruby (unfortunate eyeglasses) Payne? Etc . . . Etc . . . Etc . . . )

    Oh . . . and I like the fact that Dolan is an intellectual . . . and his ideas . . . though well researched and complex . . . are presented in a clear, simple manner in his book.

    Essentially, Dolan is about restructuring via decentralizing power and giving all stakeholders a stake . . . The Union . . . The Administration . . . The Board . . . The Community . . . all come together to work towards common (measurable) goals. Everyone must give up a certain amount of power . . . but the overall power to compel the antiquated system to change . . . is increased. Roles necessarily change . . . And . . . a structure is agreed upon and put into place so that even when board members, administrators, teachers, etc., change . . . the structure remains consistent . . . so the district isn’t starting from scratch every two or three years . . . every time someone at the top has another “bright idea.”

    Anyway, I know some union people are excited by what this dude has to say . . . I’m hoping we can convince board members and administrators and community members to be excited about it as well.

    Below is a link to an article re: Dolan’s ideas at work in a school in Springfield, Illinois.

    http://www.ncrel.org/sdrs/areas/issues/envrnmnt/go/go7lk19.htm

  5. I must say, that in my experience, it is far better to be of those who are persecuted out of the hell-hole than to be the one of the persecutors who was so privileged and therefor remained.

    ————————————————————————————————–

    This goes back to Jim “there are no gangs in Peoria” Maloof. Your public school population reached a tipping point…maybe a decade ago, where there were just too high a percentage of kids who were gang members.

    I recall, witnessing a mob action in the school library and the subsequent conversation with Randy Simmons when he was still the Principal at the Jr High in West Peoria how with Edison and School choice, 15 year old gangsters from outside the neighborhood were “choicing” into his school and now the goods kids were “choicing” out of the district because they were being threatened by the gangsters. Randy did what he could, but because of the racial makeup of the perps and the victims, he was walking a tightrope and the District (this was Royster’s Admin) was insisting that every effort be made to keep the perps on campus….Simmons wanted them expelled.

    Criminals and especially young ones learned quickly how to manipulate a politically correct and fiscally corrupt system (that needed their attendance numbers) against the law abiding (and yes – white students, and teachers), and now Peoria’s school district is like Detroit’s where law abiding black students have had it with a district in which they are a racial majority.

    WJR 760 this morning was listing the Detroit City Council Members and Candidates who were felons or who had their own homes foreclosed the last two years. It was a long list.

    Peoria has long been a tale of two cities, and it is the City of the South End Ghetto that has overtaken McClure and is now far past Forest Hill. The working, law abiding middle class that cannot afford private school has fled the marauding hoards of thugs and their kin who darken the doors of subsidized housing.

    The persecuted middle class will find a promised land o’er the river and far enough away in Dunlap, wondering what it was that had them waiting so long to get the hell out. Meanwhile those who brought, rather than fought, the creeping ghetto will readily blame those who left.

    From a distance…….I can hear the blame.

  6. Chase, I know Randy well enough that I don’t think Randy would appreciate the way you have portrayed him–I don’t appreciate it. Yes, he may have wanted the students expelled. No, it was not a decision based on race. It was a decision based on behavior. I wish that we could get to the point in race relations where we could talk about behavior without attaching a skin color to it. Not all black young people are thugs and gang members; not all white young people are law-abiding citizens. I agree that there are adults (many in District 150)who tend to protect young people who shouldn’t be protected–but that protection comes out of a fear that black young people will be treated unfairly because of the color of their skin–not a new concept. While I disagree with those administrators in 150 who have become enablers for these young people, I do understand their motivation. I find myself criticizing them for not being more willing to mete out consequences, etc.–but when I read your words, Chase, then I understand their fears. Maybe you were trying to say what I just said in your statement, “now Peoria’s school district is like Detroit’s where law abiding black students have had it with a district in which they are a racial majority.” Clarify, please. Yes, I do think that it is time that the law-abiding black people (the majority) stop taking the blame for the behavior of other black people. I have a black friend who took on her shoulders the “sins” of all black people. I understand that burden and how it came to be placed on her shoulders. We, as white people, need to find a way to remove that burden–instead of making it heavier. I haven’t done as much as I could to help that process–and it is one of the underlying problems in District 150.

  7. Having a relationship with Dist 150 is like being the spouse of a horribly dysfunctional alcoholic who promises that things will get better if only YOU (THE SOBER SPOUSE) will provide more money, build a nicer home, get home earlier at night, be more understanding of what a horrible childhood they had, not be so judgmental….and the list goes on and on, and the promises go on and on. But there is never any fundamental improvement in the thinking or the behavior of the person.

    And my argument is that there is no evidence that Dist 150, whether it is the quality of the parents, students, teachers, administration, finances, or any area that you want to point to, is not in a FREE FALL.

    The only option for a sane person is to get the heck out of the way, which includes getting your family and real estate assets out of the way.

    Dist 150 and Peoria have not yet begun to hit the bottom, but if you want to see what the bottom looks like, just look to Detroit.

    Simmons = …engage in a mob action and I want you off the property…

    Royster = …since most of the mobsters are black and will then return to the gangs outside the school, we especially need to keep them in school, even if the white students who are getting beat up are going to leave the district…

  8. Chase: I have no doubt that Randy said just that–and I certainly have no quarrel with that–all principals should protect the rest of the students from trouble makers, etc. I doubt that Royster uttered those words (with the black and white descriptors). I am not defending Royster, at all–in fact, it was under Royster’s regime that I went public with the problems at Manual–I definitely complained about Royster. Royster was an enabler–whether or not she was a well-meaning enabler is a matter of opinion. All I am asking is that we talk about behaviors, not skin color. There were and are, also, “white” enablers.

  9. Umm.. Peoria isn’t Detroit. If Cat were to leave town, well yeah, but that isn’t happening. More like Chicago and the inner burbs rather than Detroit.

  10. Why was Davis just put on leave Nov. 2nd by the board when she has been home collecting a paycheck since Sept. 9th? I was furious to hear Beth Jensen(new board attorney?) say that if she is found guilty, she will have to pay back her salary to Sept. 9th…….how is she going to do that, making 65 cents a day washing laundry at the Graybar Hotel? By the time this crime is litigated, she’ll probably be old enough to collect Medicare. What’s the hold up? This crime has very deep roots and implications for others on Wisconsin Ave. Time to do some Fall cleaning Mr. Lyons…

  11. I keep wondering if things are being prolonged with the Davis case so she can officially get her time in and “retire” with a good pension.

  12. Serenity: I don’t think that is the case. MD says she is the same age as Barbie and Barbie justed turned 50 last spring…………lol

  13. The board clearly operated outside of their written policy. Beth Jensens comments Monday night regarding the statute requiring a convicted employee to pay back “paid leave” funds is completely erroneous, insulting, and does not change the fact that the board simply makes up policy as they go along. Tell me, in what other industry other than the disfunctional environment of District 150 can someone be accused of stealing money from the workplace and continue to go about their business as if nothing has happened? Real estate? Insurance? Stock Brokerage? Law? Of course not. The Administrations actions of not following written policy has not only increased our risk exposure, but also continues to cost the taxpayer $100’s of dollars a day. This comes at a time that, simultaneously, letters are being sent home to parents asking them to provide paper for the classrooms. Will the last person associated with District 150 who has even one remaining shred of common sense please stand up?

  14. Yes, Diane, it all comes down to the fact that all of the complaints about Mary Davis should have been vigorously investigated in-house as soon as the allegations were presented to 150 officials (before McArdle’s dismissal). Instead they chose the “head-in-sand” approach and/or the tendency not to believe the new employee, etc. Does the term due-dilligence apply? Instead they are using the excuse of “past practices” as a justified basis for action or inaction. One comment that I have heard is that “slavery was also past practice.” So if the administration errs in the past, that is the “excuse” for making the same mistake again.

  15. Sharon, in my opinion they should not even rely on their trusty old “past practices” excuse. Past practices at D150 is at best an inconsistent and haphazard application of written policy, or not, depending on who you are, who you know and what you know.

  16. Do you think a new superintendent will want to rely on the past practices of the current administration?

  17. Diane, agreed–I was just being facetitious–too much of that “who you are” decision-making has already gone on–all policies should be objective, not subjective.

  18. I probably missed something, so maybe this is of no significance. I was just looking at the minutes from the November 2 board meeting and find two entries about Mary Davis:
    BOARD MEMBER CONCERN – Board member Petelle asked that Attorney Jensen clarify past practice in respect to administrative leave, the difference between administrative leave and suspension and also explain the new State Statute
    that applies to administrative leave.
    Attorney Jensen reported that Academic Officer Dr. Mary Davis was placed on administrative leave with pay on September 8, 2009 and is not suspended.

    Later under personnel matters this appears:
    Paid Administrative Leave
    Davis, Mary – Pending Outcome of Criminal Investigation or Prosecution 09/08/09

    Why is this information just now showing up–I’ve looked under minutes on September 8 and the meeting before and after and this information wasn’t in the minutes. If they voted on this in September, by law shouldn’t it be in the minutes before November 2? Or was she on paid leave without a vote? Was it a “retroactive” vote on Nov. 2–which doesn’t seem legal to me. But I don’t know about these procedures and past practices. 🙂 Thought maybe some of you would know.

  19. Again, MD continues to pilfer from the taxpayers of Peoria. Really, does anyone believe that she will EVER pay back one red cent??? Kevin Lyons, we demand an indictment of this woman. PLEASE, what is the hold up?

  20. Sharon, I noticed the official vote in the minutes and have been told by D150 that there has been no change in MD’s status since the original leave in Sept. I suspect the board vote in Nov. was a formality that was overlooked(?) in Sept. Some research on “past practices” via U.S. gov’t websites (Dept. of Interior and USDA) states:

    “Past Practices:

    Union officials often try to use ‘past practices’ as a reason for preventing changes in working conditions from being implemented. A ‘past practice’ is nothing more than the way things have always been done. Such practice does not have to be written down in the labor agreement, but can arise on the basis of regular, repeated action, or inaction, on your part.

    Generally, the existence of the four following factors will indicate that a ‘past practice’ exists:

    1. The practice was clear and applied consistently.
    2. The practice was not a special, one-time benefit or meant at the time as an exception to a general rule.
    3. Both the union and management knew the practice existed and management and/or the union agreed with the practice or, at least, allowed it to occur.
    4. The practice existed for a substantial period of time and occurred repeatedly.

    Normally, you cannot stop an established and accepted ‘past practice’ unilaterally. Rather, you must give notice to the union of your intent to do so and, if the union so requests, engage in negotiations to try to resolve any differences.”

    It appears “past practices” applies in union contract situations, which does not include administrative positions at D150. I have not been able to find any research on past practices outside the scope of unions. Maybe someone else has some information or experience that can clarify D150’s reference to past practice concerning non-union employees.

  21. TR64–Very enlightening–those (persumably administrators) who so hate unions and their restrictions on their decision-making always seem to take advantage of union influence when it’s convenient for them. Certainly, your reference to past-practices is one such instance–salary negotiations is another because administrators’ salaries go up when teachers’ salaries go up (even though they can bad-mouth the process and complain of how much “teacher” salaries cost the district).

  22. I’m not on one side or the other, as far as unions and non-unions go; however, I am very much on the side of the truth and ‘by-the-book’ practices. It appears that comments made to our BOE concerning ‘past practices’ and how they have been applied to non-union, administrative positions at D150 may be in need of further research and/or clarification. (Like the situation with the FOIA request charges and free copies soon to be ‘updated’.)

  23. MAWB: I have been told that every new murder investigation puts Davis lower on the “to do” list.

  24. The MD situation in D150 will resolve itself “all in good time”. Be patient. Have you ever heard that “Patience is a virtue” and in this case IT IS! :}

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