Cruz Threatens To Sue Dist. 229 For 'Illegal Removal' From Board

OAK LAWN, IL — Former Dist. 229 board member Rob Cruz, who was removed from his elected position last month after he sued Gov. J.B. Pritzker challenging the state wide school mask mandate, has given the school board 14 days to reinstate him or schedule a hearing before the South Cook Regional Superintendent. Cruz was elected to the D229 board in April 2021, and is now running in the upcoming Illinois 6th Congressional District GOP primary.

The Oak Lawn Community High School Dist. 229 declared a board vacancy for Cruz’s seat on Jan. 11, claiming that Cruz violated his oath of office and board policy, and for using his elected position for publicity to further his congressional campaign. The school board’s legal counsel, Burt Odelson, advised board members that declaring a vacancy in office did not require authorization from the regional superintendent.

An elected school board seat becomes vacant before the term expires if an elected official violates his or her official oath, is convicted of an "infamous crime," or commits a violent crime against a child.

"There is no provision in school code section 2.60 that allows removal by resolution", Cruz’s attorney, Frank Avila, Jr. said in a written statement. "The Illinois state statute 105ILCS 5/3-15 and 105 ILCS 5/3-15.5 which specifically calls for the regional superintendent to make such removals. It does not state that any local board can remove an elected official by resolution only.”

According to Cruz, regional school superintendent Vanessa Kinder was “unaware” of the D229 board’s actions until she “heard it on the news.” Kinder could not be immediately reached for comment to verify if Cruz’s claims are accurate.

D229 Supt. Mike Riordan said in an email to Patch that he informed kinder of the board's action within the five-day window required to notify the regional school superintendent.

Cruz, through his attorney Avila, has given the board until the last day of this month to reverse its action and schedule a hearing with the regional school superintendent, as prescribed in the law. Cruz also alleges that board members violated their own policy by not taking the matter to the regional school superintendent.

"Government overreach is out of control in Illinois, we must follow the law and the constitution in all matters if we want a livable, civil society," Cruz said in a written statement.

Alleging he was denied due process, Cruz said he will sue Dist. 229 if the school board doesn’t respond to his request by the deadline.

“We just want a fair trial,” Cruz told Patch. “We will not only sue the district, we will pursue Mr. Odelson as well. If they can do that to me, why can’t they do that to our state representatives and government.”

If the regional superintendent decides that Cruz was in the wrong, “I will live with the results,” he said.

A town hall organized by parents slated for Tuesday at Hometown-Murray VFW Post 9773 in which Cruz was invited to speak, has been canceled because the VFW post was unaware of it.

“The VFW doesn’t want to be involved,” Hometown Mayor Kevin Casey told Patch.