D-86 Confrontation: Lawyer To Present Report

HINSDALE, IL — Hinsdale High School District 86 declined to say last month whether it would keep secret the report from an investigation into a confrontation between board members.

Now, it appears the district is choosing openness.

At Thursday's board meeting, attorney Dana Crumley of the Chicago-based Franczek law firm is set to detail the findings of her investigation into the complaint filed by board member Erik Held. After her report, the board is expected to be given the opportunity to discuss it and determine whether any action is needed.

The incident in question took place after a board meeting Oct. 28 outside Hinsdale South High School in Darien. After Held filed a complaint, the district hired the Franczek law firm, which officials called independent. Franczek is not the school district's regular law firm.

In a soundless surveillance video, board member Jeff Waters could be seen pointing his finger at Held and then touching Held on the shoulder outside the school. Both men agreed Waters used the f-word a number of times.

A couple of minutes later, Held said in his complaint that he stopped his car to speak with Waters. It lasted about a minute. In an interview with Patch in November, Waters said he did not ask Held to move his car.

Waters hired an attorney, Lawrence Byrne, in the matter. In a Nov. 11 letter to the district, Byrne, a partner with Chicago's Pedersen & Houpt, said the surveillance footage showed Waters was not the aggressor toward Held.

"(I)f anything, the video footage would demonstrate that there was no actionable confrontation by Mr. Waters as Mr. Waters extricated himself from Held's presence," Byrne said. "Held then used his vehicle to block Mr. Waters from leaving the parking lot."

In his complaint, Held wrote, "I went to my car, took a few breaths, and started it up. One thing I wanted said to him clearly was that he wasn't to lay hands on me again after his almost-strike. I was sure that, alone, he'd have grabbed me or shoved me. He was furious for being called out or challenged at the board table."

No board members have publicly stated their positions on the confrontation, although member Peggy James, who was present for the first part, called it a "non-event." It's an open question whether members may see the incident through the lens of their alliances — James and Debbie Levinthal with Waters and Terri Walker, Kathleen Hirsman and Cynthia Hanson with Held.

The district said it was following its uniform grievance procedure with Held's complaint.

In an email last month, District 86 spokesman Chris Jasculca told Patch he did not know whether the report would be made public. He said he was not sure how he could accurately answer the question before the completion of the investigation and the submission of any corresponding reports or documents.

The more appropriate time to answer the question, he said, was when the investigation was done.

Last year, the village of Hinsdale decided to keep secret a report about "operational issues" in its fire department, citing attorney-client privilege. The report cost taxpayers more than $100,000.

For much of the last year, Hinsdale would not detail the reason for the report. Last month, the village acknowledged to Patch that it was about the employment situation of firefighter Nicole Hladik, who took her own life. Her estate has since sued the village, alleging gender discrimination.