Elmhurst D205 Yet To Release Custodian Settlement

ELMHURST, IL – Elmhurst School District 205 has yet to release a settlement agreement with its custodians union.

The school board approved it a couple of weeks ago.

On Monday, the district responded to Patch's April 15 request for the settlement and the grievance that triggered it.

In a letter, Kathryn Schmitt, the district's Freedom of Information Act officer, said the district would release the settlement once Local 73 of the Service Employees International Union, or SEIU, ratifies and signs it. That is expected in the next several weeks, she said.

In releasing the documents, Schmitt said, the district would not concede it is required to do so under the Freedom of Information Act. She also said the disclosure would not set a precedent for future requests.

Schmitt said the district could deny the release of the settlement or grievance or both. The district "is fully reserving its rights to deny requests for similar documents in the future as determined on a case-by-case basis."

The district cited two exceptions under the law that it contended allow officials to keep the documents under wraps.

One exception applies to preliminary notes and drafts. The other covers documents related to an entity's adjudication of employee grievances.

However, the exception for preliminary notes does not apply to a record that the head of the public body cites in a meeting. In this case, the board's president called for a vote on the settlement.

Even if that weren't the case, the settlement is not preliminary; it would be the final agreement between the parties.

Also, the Freedom of Information Act is clear on settlement and severance agreements – they are public records. Only information that falls under certain other exemptions can be redacted.

With two members absent, the board unanimously approved the settlement two weeks ago. Officials did not give details of the agreement, other than to say it had to do with the section of the union contract that deals with family and medical leave.