Chicago Tribune columnist John Kass has often written about the secretive, unaccountable and corrupt manner in which Chicago city government, in all its various forms, does business as usual. Kass has branded it the “Chicago Way” – which, when spoken correctly, requires approximately the same distasteful inflection as “child molester.”
Roughly two weeks ago the Board and Administration of Park Ridge-Niles School Dist. 64 announced that it had reached a tentative agreement-in-principle with the Park Ridge Education Association (the “PREA”) that was being presented to the PREA membership for ratification. Once it was ratified by PREA membership, the D-64 Board would vote to approve it.
But according to a Park Ridge Herald-Advocate article (“’Tentative’ contract reached for District 64 teachers, board president says,” 08.23.16), School Board approval of that agreement would occur without the District’s taxpayers getting a chance to see, read, and comment on it in advance of the vote.
That kind of opacity and outright contempt for the taxpayers is what has become institutionalized as the “D-64 Way.”
In case you don’t quite appreciate the absurdity and arrogance of the D-64 Board’s operating in this fashion, permit us to lay it out for you.
The PREA negotiating team reached the tentative agreement-in-principle that its members (the D-64 teachers) – presumably after being given an opportunity to read the agreement – get to vote on. And for all we know, they’ve already done so.
On the other hand, the D-64 negotiating team led by Board president Tony “Who’s The Boss?” Borrelli and his ventriloquist, Supt. Laurie “I’m The Boss!” Heinz, reached that same tentative agreement-in-principle at the same time. But unlike the D-64 teachers, the District’s constituent taxpayers who will be bound to pay for that contract over the next four years aren’t even going to get to see, much less read, it before the D-64 Board votes to bind those constituent taxpayers for the next four years.
Does that sound honest, transparent and accountable? Or even sane? No, but that’s the D-64 Way.
We can find nothing in the current contract (which controlled the negotiations that produced the new contract) or in state law that requires the terms of the new tentative agreement-in-principle to be kept secret from the taxpayers once it has been released for PREA teacher ratification. Even “Boss” Borrelli admitted as much in that H-A article, noting only that the District’s “practice” supported keeping the terms of the new contract secret from the taxpayers.
That’s Borrelli’s story – most likely written for him by the District’s propaganda minister, Bernadette Tramm – and he’s sticking to it. Because that’s the D-64 Way.
But the real reason for keeping the new contract a secret from the taxpayers is that publishing it in advance of any Board vote on it substantially increases the likelihood that suspicious and/or irate taxpayers might show up at that D-64 Board meeting and ask some tough questions about the contract, and about the “Boss” and his Board that cut that deal.
Tough questions are considered “no bueno” by the “Boss,” his ventriloquist, and their lemmings on the Board…because answering tough questions and the hard-edged comments that often accompany them is not the D-64 Way.
So with the agenda for this Monday night’s “special” Board meeting stating that there will be yet another closed-session starting at 6:00 p.m. during which “collective negotiating matters between the District and its employees or their representatives…“ will be discussed, we can’t help but suspect that such a discussion might be the prelude to a vote to approve the new contract once the Board emerges from that closed session.
Especially with the PREA Governing Board conveniently scheduled to meet from 4:00 t0 6:00 p.m. that same afternoon, presumably to formally authorize the results of the ratification vote that already should have taken place.
If you think that the Illinois Open Meetings Act (“IOMA”) notice requirements for such meetings prevents such a vote, think again.
IOMA requires the posting of a meeting agenda 48 hours in advance of the meeting. The D-64 Board, therefore, has already met that requirement. And even though the agenda doesn’t expressly provide for a contract vote, the Board could still come out of closed session and vote to approve the contract. That’s because Section 2.02(a) of IOMA is written with sufficient ambiguity that enemies of transparency and accountability – i.e., a majority of the D-64 Board members – can claim that a contract approval vote is “germane to a subject on the agenda”: the collective bargaining item on the closed-session portion of that agenda.
Making up quasi-legal, or legal but dishonest, ways to fleece the taxpayers while keeping them in the dark is the D-64 Way.
And don’t think for a New York minute that the malefactors on that Board won’t do it, even if one or more (but not a majority) of them makes a grand-but-dishonest (or dishonest-but-grand?) gesture of voting against that contract – like Borrelli did four years ago – purely as political opportunism. Such theatrics are easy when they know in advance, from the earlier closed-session discussion, that their vote is meaningless because the contract already has Board majority support.
So don’t be surprised if that’s the way it goes down Monday night, with the “Boss,” the lemmings and Heinz praising the unseen contract as a masterpiece of collective bargaining, farsightedness and fairness to everybody.
Even if those of us paying the bill have no choice but to take their word for it.
Because that’s the D-64 Way.
UPDATE (09.12.16): Now that the Board packet for tonight’s (09.12.16) meeting has been published we note that the “Upcoming Meetings and Topics” section shows that “Ratification of PREA/Board Agreement” is scheduled for the September 26 meeting at Roosevelt School.
So we’ll take that at face value. For now.
Meanwhile, at least a few citizens appear to have taken it upon themselves to have FOIAed the District for the contract, term sheets, and other documents. Not surprisingly, they’ve been stonewalled with the excuse that the language of the PREA tentative agreement is “still being reviewed and edited by the PREA negotiating team and the District’s legal counsel before it can be finalized for approval and signatures” and, therefore, the agreement is exempt from FOIA disclosure under exception 7(1)(p).
We’ve also heard that some teachers have copies of the tentative agreement, but we don’t know whether those are rank-and-file PREA member-teachers or members of the PREA negotiating team.
But the bottom line here remains the same: As Borrelli acknowledged to the Park Ridge Herald-Advocate, no legal restriction prevents the District’s disclosure of the tentative agreement-in-principle, on the District’s past practice. And the FOIA exception to disclosure invoked by the District in rejecting taxpayers’ requests for copies of the contract is a voluntary one, not a mandatory one. Which means D-64 could produce that agreement if it wanted to.
It just doesn’t want to…because “Boss” Borrelli and his lemmings don’t want the scrutiny, the questions and the comments those contract terms would likely generate, at least not until AFTER the Board approves that contract and there’s nothing the taxpayers can do about it.
Whether it’s stupidity, corruption, or something else, the taxpayers of this community deserve better.
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