Rob Cruz Bounced Off D229 Board, Vows Further Legal Action

OAK LAWN, IL — Robert Cruz, who was elected to the Dist. 229 school board last year and is now running for Congress, saw his seat vacated during a raucous special board meeting Wednesday at Oak Lawn Community High School.

D229 board members, except for Cruz, approved a resolution to declare a board vacancy which does not require authorization from the regional superintendent, on the grounds that Cruz violated his oath of office and board policy, and used his board position for personal gain and publicity for his congressional campaign. 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.

Cruz sued the governor after a state mandate was issued in August requiring face masks to be worn inside school buildings “individually, and in his official capacity as a member of the Oak Lawn Community High School District 229 School Board.”

He withdrew that lawsuit and refiled a month later with co-plaintiff Scott Jones, and adding District 229 as a defendant. A federal judge tossed the lawsuit last month, stating that the plaintiffs – Cruz and Jones – failed to prove that the governor’s face mask order intended to save lives during the ongoing pandemic amounted to an "egregious or outrageous conduct."

Cruz is also said to have requested attorney fees from the district to defend his second lawsuit.

Supporters of Cruz’s run in the 6th Congressional District’s upcoming GOP June primary, blasted D229 board members for railroading Cruz. An outspoken critic of face masks, Cruz has issued numerous statements about regaining “local control” from the governor and children’s deteriorating mental health during the pandemic.

“I’ve done a lot of work with Rob Cruz and I know how dedicated he is not only to the community but to the children he serves on this school board,” Ashley Ramos said. “I find it extremely distasteful and can’t for the life of me understand why he was doing something so supportive simply because it might not necessarily be the opinion of board members.”

Joe Amado, a 53-year resident of the district and a former D229 board member, said that even during the more volatile 2000s of board infighting and missing money, the regional superintendent did not remove any District 229 board members.

“It’s unconstitutional, what you people are trying to do. It’s fascism at its finest. We’re all going to be in the camps together. It’s ridiculous,” Amado said. “He’s not been convicted of a crime. Our children have a right to breath. Do the right thing, and that’s not the right thing to throw someone off, whose been duly elected."

Terry Newsome, an OLCHS 1979 graduate who resides in Darien, praised Cruz for coming to one of his local school board meetings “to speak up for my kids.”

“We have a bunch of scumbag board members who attacked school parents for speaking out and trying to hold us accountable about the mask mandate,” Newsome said. “You should focus on what’s right for kids and not kissing Pritzker’s ass.”

Another resident, Tom Cyplik, questioned the District229 legal counsel Burt Odelson’s $25,000 invoice for legal expenses for what Cyplik said amounted to “teleconferences.”

Bill Beaulieu was the only Oak Lawn resident to speak in favor of the resolution during the public comments.

“I’d like to thank the board for your courage and your integrity in taking this action. It’s not an easy decision to make knowing there are strong feelings on both sides of this issue,” Beaulieu said. “Nothing I’m going to say here is going to change the minds of Cruz’s supporters. It’s important that Cruz not be allowed to rewrite this story to paint himself as a victim.”

Most of the public hearing consisted of Odelson reading evidence compiled against Cruz for his alleged misconduct and violating his oath of office. In his comments before the board voted on the resolution, Cruz pointed out bomb threats, fighting and increased drug use since students returned for in-person learning in the fall, contradicted by Superintendent Mike Riordan.

“We’re sacrificing our children’s health and futures because they’re confused by different mandates as they move from school to a restaurant to the mall, to a ballgame to a sport,” Cruz said. “Are masks causing this? No, I’m not naive, but I believe it’s the straw that broke the camel’s back.”

Cruz also took issue with Odelson’s motions, filing for a change of venue from Sanagamon County, where the governor’s office is located, and the second lawsuit was filed, before it was moved to the U.S. District Court’s Northern District.

“Were you judge shopping?” Cruz asked Odelson.

“Lawyers who are smart and know how to defend their district against rogue board members who cost the district money know how to litigate, and this case didn’t belong in Sangamon County,” Odelson said. “Do you know why we won this case, because it was damn good lawyering.”

Before the board voted on the resolution, Cruz said his rights to freedom of speech and due process of law were violated under the Illinois and U.S. Constitutions, and as a duly elected board member. Cruz garnered 1,236 votes in April 2021’s school board election.

"The threats against me raise other actionable legal issues of defamation, slander and libel, so I would caution this board to tread very carefully on these issues that we hold most dear,” Cruz said.

“We don’t take this decision lightly,” D229 board member Matt Egan said. “This has nothing to do with Mr. Cruz’s political convictions.

D229 board members voted 5 to 1 — with Cruz as the dissenting vote — to adopt the resolution to declare a board vacancy.

After the special board meeting, Cruz told Patch he had an attorney present, but the attorney was sitting in the back of the auditorium.

“Burt Odelson can do whatever he wants. It’s going to cost these guys a lot more than it did to intervene [in the lawsuits],” Cruz said. “They signed a resolution to remove me and that’s not binding. You have to go to a regional superintendent to remove a board member.”