'Non-Existent' D-86 Policy Suspended By School Board

HINSDALE, IL — The Hinsdale High School District 86 board took the unusual step last week of suspending what it called a "non-existent" policy. The decision was apparently in response to a resident's challenge of the district's handling of a board vacancy. It was not entirely clear why the board believed it needed to suspend a policy that it considered non-existent, with the district's attorney referring to it as "alleged."

Earlier this month, Yvonne Mayer, an unsuccessful candidate in last year's school board election, urged the board to abide by its policy of filling a vacancy within 45 days. Under state law, the board gets 60 days, but an entity can create a tighter timeline for itself.

On June 30, board member Nancy Pollak resigned effective immediately. That was five days after the board held the first reading for a policy change instituting a 60-day deadline. In an email to the district, Mayer argued the 45-day deadline was still in force when Pollak resigned, so it applies. She noted recent guidance from the Illinois Association of School Boards that says boards may set policy related to appointments.

If the board followed the 45-day deadline, it would fill the vacant seat by Aug. 13. Mayer said the board can change the policy for future appointments. Under the board's plan for applications and interviews, it could follow both state law and board policy and still appoint someone by Aug. 13, she said.

She said she wanted the board to follow the 45-day deadline, so no one would contest the appointment.

In response to Mayer, the district's attorney, Steven Richart, noted the first reading for the 60-day deadline took place before Pollak's resignation and adoption was set for last week's meeting, before "any alleged 45-deadline would expire."

"The Board never intended (its policy) to impose a stricter timeline than that imposed by law, and the Board is within its reasonable discretion to interpret its policies and their effective dates in the manner it is doing," he said.

At its meeting Thursday, board President Kevin Camden said the board was voting to suspend the "retired or non-existent" policy that included the 45-day deadline. The board unanimously voted for the suspension.

In a closed session Monday, the board interviewed candidates for the vacant position. Camden told the board last week that the district received 15 applications and that some of them would be interviewed. The names have not been released.

Camden didn't return an email for comment. But he said earlier this year that he would refer the public's emails to the district's communications director, Chris Jasculca. In this case, that is what Camden did.

"When the vacancy became available, we were already in the process of updating our policy to align with the 60-day legal requirement spelled out in the Illinois School Code," Jasculca said in an email to Patch. "That update was approved by the board on July 23, which predated the expiration of the outdated 45-day requirement and the 60-day legal requirement. This meant that, from both a policy and legal perspective, we had 60 days to fill the vacancy. "