Did Clarendon Hills Mislead Public?

CLARENDON HILLS, IL — Last month, a Clarendon Hills official said the village manager was away from the office because he was on "personal leave."

But there's a problem with that story: It wasn't true — at least if the village's own records are an indication.

On Jan. 17, Village President Len Austin emailed Village Manager Kevin Barr that he was being suspended.

"Kevin, from our conversation this morning, I need to place you on administrative leave until further notice," Austin said.

He copied in Assistant Village Manager Zach Creer and the village's attorney, Jason Guisinger.

Barr responded more than an hour later.

"I am surprised that this is what was taken from our conversation," said Barr, who has been the manager for more than six years. "It does not match the tone or substance of our conversation at all. Amongst other things, I do not understand why I have been placed on paid leave."

Barr said he would appreciate a phone call, "as I was promised open communication and respect as this process played out."

He appeared to be in hot water as the result of comments he made during a Jan. 12 meeting of a Village Board committee. At that meeting, he made joking references to the fire chief's age and revealed the health status of a firefighter.

In late January, Assistant Manager Creer said in a phone interview that Barr was on "personal leave," doing some work from home. Creer was acting as the manager.

Personal leave is typically taken at the choice of the employee for sickness or a personal issue. By contrast, an employer imposes administrative leave on an employee while an issue is being investigated.

Even in late January, the circumstances indicated that Barr was on leave against his will.

In a Jan. 27 email, Patch asked President Austin whether Barr's situation actually involved "backdoor administrative leave."

Austin did not return that message. Patch has left a number of messages for Austin since — both by email and phone — all without a response.

Over the weekend, Patch exchanged emails with Creer about his statement that Barr had been on personal leave. He stood by his information.

"I believe Kevin's leave is accurately characterized as personal leave," said Creer, whose functions include human resources.

Creer said Barr does not operate under the village's personnel manual. And Barr's contract, Creer said, lacks definitions for personal and administrative leave.

"Personal leave is a 'catch-all term' for any form of employee leave," he said. "Vagueness is not mischaracterization."

Asked about Austin's decision on "administrative leave," Creer said, "My understanding is that there were subsequent and ongoing conversations after that email."

Creer did not detail those discussions.

Upon further questioning, Creer said he was barred from releasing personal information about Barr.

"All I can say is not everything in life fits neatly into a definitional box, words can mean different things in different contexts and situations evolve," Creer said in an email. "I have never found arguing semantics useful. People have a right to privacy."

He recommended calling Barr, not Austin, about the situation.

"I cannot adequately explain without infringing on his privacy," Creer said.

Barr has not returned messages for comment.

Over the weekend, Patch asked the village to produce records showing that Barr was on personal leave, rather than administrative. Officials produced no such documents; Patch has submitted a public records request.

At the Village Board's Feb. 8 meeting, trustees approved a new contract for Barr, even though it was not due for renegotiation.

The new contract makes it easier to fire Barr. Under its terms, trustees could dismiss Barr for any comment, joke or conduct based on a protected characteristic, including age, of a co-worker or other person.

At last week's board meeting, Austin said Barr had his complete support. He spoke after Barr said criticism of himself was "very personal, very damaging." He said the critics do not know him.