Watchdog Group Questions La Grange D-102 Closed Session

LA GRANGE, IL — A watchdog group is questioning whether the La Grange School District 102 board could legally close its doors to discuss an allegation of a conflict of interest against one of its members.

Last week, board Vice President Ed Campbell said on a local Facebook group's page that the board had received an update of its law firm's investigation of the allegation against him in a closed board session.

However, member Bessie Boyd, who raised the conflict of interest issue, said she has received no update on the investigation and that she has attended all the recent closed sessions.

Even if the board held a closed session for such an allegation, it is unclear which exception to the state's open meetings law the board used.

Patch asked Campbell about the legal reasoning for the closed meeting, but he said he did not know. Board President Mike Melendez did not return two messages for comment.

Since Boyd raised the conflict of issue at a March meeting, the board has held two closed sessions. It is unclear which meeting the board may have received an update.

At both meetings, the exceptions included discussions of litigation and personnel. At the first one, attorney Darcy Kriha attended. She is the one conducting the investigation on behalf of the Oakbrook Terrace-based law firm Kriha Boucek.

Asked about exceptions to the Open Meetings Act, Ben Silver, an attorney with the Elmhurst-based Citizen Advocacy Center, questioned how the board could close its doors to discuss a conflict of interest issue. He said a board member is not considered an employee, so the board could not cite personnel as the exception.

And he said if there is no pending, probable or imminent litigation in the matter, the litigation exception would not apply either.

Silver said the board should be open with the public about the matter.

"I think it's a big deal that the public is not getting a full explanation of the process," he said.

One advantage of the open meetings law is a public body must state the reason why the litigation exception is used in the closed meeting minutes, Silver said.

"It's a built-in protection for the public," he said. "There has to be an objectively reasonable basis for using the exception."

In March, Boyd alleged Campbell was using his position as a board member to promote his business for coronavirus testing of students.

Last summer, Campbell volunteered his services to start a testing program in District 102 and later formed a business to market the service to other school districts. However, Boyd said he used district information in sales presentations to other school boards.

Campbell said he only used publicly available data. He has received no money from District 102.

The board is expecting an update on the investigation at its May 27 meeting.

Meanwhile, Patch has received emails and other online commentary opposing its coverage of the conflict of interest issue, saying the news outlet is stirring the pot and demonstrating bad journalism. Others said Patch should continue the stories.