Hinsdale D-86 Confrontation May Lead To Litigation

HINSDALE, IL — A confrontation in October between two Hinsdale High School District 86 board members may result in litigation, if a lawyer's letter to the district is any indication.

In response to a public records request Monday, the district released a letter from lawyer Lawrence Byrne to Superintendent Tammy Prentiss. Byrne represents board member Jeff Waters.

Last month, board member Erik Held filed a complaint with the district against his colleague, Waters. In a soundless surveillance video, Waters could be seen pointing his finger at Held and then touching Held on the shoulder after the Oct. 28 board meeting. Both men agreed Waters used the f-word a number of times. The incident happened shortly before midnight outside Hinsdale South High School.

In his Nov. 11 letter, Byrne, a partner with Chicago's Pedersen & Houpt, said the surveillance footage showed that 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 said he stopped his car to speak with Waters. It lasted about a minute. In an interview with Patch last month, Waters said he did not ask Held to move his car.

Byrne alleged Held may have made defamatory statements about his client. And he said Held is believed to have contacted other board members to discuss the incident, further publishing defamatory statements about Waters.

As a result, Byrne said he was demanding a "litigation hold" on the video footage and other electronically stored data. The failure to do so, Byrne told Prentiss, could result in "severe" consequences, penalties and sanctions for the district.

The district has hired a law firm to investigate Held's complaint, but it has left open the possibility that the report may be kept secret from the public.

Unlike most public entities, District 86 makes the results of most of its public records requests available on its website. This means it undergoes more scrutiny than most government bodies on how it handles such inquiries. The lawyer's letter was posted on the district's website.