D-86's Report On Confrontation May Be Kept Secret

HINSDALE, IL — Hinsdale High School District 86 is making no promises that it will publicly release its report on the confrontation between two school board members after a meeting in late October.

The report is not completed, but the issue over public records may become similar to what happened in Hinsdale. The Village Board spent more than $100,000 on a law firm to investigate the fire department. However, the village refused to release the firm's report, saying it fell under the attorney-client exemption.

In District 86, the incident was between board members Jeff Waters and Erik Held shortly before midnight Oct. 28 outside Hinsdale South High School in Darien. Held filed a complaint with the district.

In response, the district hired the Chicago-based Franczek law firm to investigate the complaint. Franczek is not the district's law firm.

"In accordance with board policy and past practice, there will be an independent investigation of the complaint," the district's spokesman, Chris Jasculca, said in an email to Patch on Thursday.

Asked whether the district would make the report public, Jasculca said he did not know. 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.

In September 2020, Hinsdale hired Chicago-based law firm Cotsirilos, Tighe, Streicker, Poulos and Campbell to investigate the fire department. Over the next three months, the village spent $103,000 on the inquiry, according to public records obtained by Patch.

Asked about the investigation at the beginning, Assistant Village Manager Brad Bloom said the firm was evaluating the fire department.

"Some operational questions came to light," said Bloom, who is also the public safety director. "We thought we would benefit from an independent review. There are no allegations at this time against any particular member of the organization. There are no integrity issues."

When Patch requested the law firm's report in March 2021, the village decided against releasing it.

The village based its denial on three exceptions under the state's open records law. One of the exceptions was that releasing the documents would reveal the identity of those who provided information as part of law enforcement or administrative investigations. Many public entities would simply black out that information.

The village's letter also cited the exceptions involving preliminary notes and records and the secrecy of an attorney's communications with the village. The letter left unclear how a report that cost taxpayers more than $100,000 could be considered preliminary.

Because an attorney conducted the investigation, the village appeared to have an escape valve from public scrutiny. Otherwise, it may have been hard-pressed to keep the results of the investigation under wraps. This escape valve may be available to District 86 as well.

None of the legal exceptions mandated the village keep the report in question secret.