Kadner: Township school board may sue over new law

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Kathy Novak signs legal documents after being sworn in as a board member for Posen-Robbins S.D. 143 1/2 by Burt Odelson (r) in his Evergreen Park law office. Also present was Superintendent Gregory Wright. | Larry Ruehl~Sun-Times Media

Updated: February 7, 2012 8:21AM

A government body that does little but waste tax money on frivolous legal disputes is at it again.

And some school districts are plotting a takeover to prevent that from happening.

The Bremen Township School Board has called a special meeting for 7 p.m. Friday to appoint a law firm to challenge a new state law that eventually will replace the elected board with members appointed by seven local school districts.

But representatives of those districts told me they (and some of their lawyers) will show up at tonight’s meeting and attempt to take control of it.

In December, Gov. Pat Quinn signed SB 634 in response to an outcry from the seven districts served by the township school board.

The three-member board became involved in multiple lawsuits with the school districts after its president, Joseph Bertrand Jr., attempted to award himself $220,000 in legal fees.

Over objections from the board’s attorneys and those representing the school districts, Bertrand declared a 1-to-1 vote (he abstained) as approving payment of the legal fees.

Because the only money the township school board controls belongs to the seven districts, the districts successfully sued (at taxpayer expense) and stopped the payment.

But township school board member Julienne Mallory, who supported Bertrand, was named in the lawsuit and eventually received $69,170 from the board for her legal defense.

The township school board exists primarily to supervise the activities of a school treasurer who invests the seven districts’ tax revenue. Those districts are Bremen High School District 228, Forest Ridge 142, Midlothian 143, Posen-Robbins 143 1/2, Prairie Hills 144, Arbor Park 145 and Country Club Hills 160.

There was a movement at one time to abolish the Bremen Township School Board, but some of the school districts wanted to retain the services of township school treasurer Joseph McDonnell. So they came up with an alternative plan, via the new law, that apparently is unique in Illinois history.

Each of the school districts can appoint a representative to the existing township school board (creating a 10-member board). There will be no more elections for the board, and the three elected members will leave as their terms expire.

I predicted at the time that given Bertrand’s penchant for lawsuits, this legislative solution was begging for another trip to the courts.

After hearing about the special meeting tonight, Kathy Novak, a District 143 1/2 board member appointed to the township school board, contacted attorney Burton Odelson.

Odelson, one of the top election lawyers in Illinois (who’s also the attorney for District 143 1/2) told Novak to come to his office Thursday for a swearing-in ceremony.

“If she shows up at (Friday’s) meeting, with a letter from the school district attesting to the fact that she is its duly appointed representative, they have to seat her,” Odelson said. “That’s what the new law states.”

But Bertrand has ignored legal technicalities in the past.

Novak told me that after talking to Odelson, she contacted some of the other school districts and their representatives plan to show up a half hour before tonight’s meeting to be sworn in by their attorneys.

“If I’m sitting at that table, I’m going to vote ‘no’ on hiring that law firm to challenge the new law,” Novak said. “That’s why I’ve been appointed — to stop this insanity of wasting tax money intended for our children on stupid lawsuits.”

Debbie Stearns, District 228 board president, said she will attend the meeting as the district’s appointed member.

“I just think it’s crazy,” Stearns said. “So we’re just going to keep spending money on lawsuits. This has got to stop.”

The Friday meeting will be at the Bremen Township treasurer’s office, Tinley Park High School, 6109 W. 175th St. (entrance S-3 on the south side of the building).

It should be a lot of fun ... for the lawyers.