Public Watchdog.org

Weasels Usually Blame Their Lawyers

11.05.16

Our previous post dealt with some of the lies told to us by our alleged elected “representatives” on the School Board of Park Ridge-Niles School District 64. Today we are focusing on just one of them, uttered by no less than Board president Tony “Not really the Boss” (because Supt. Heinz really runs the show) Borrelli.

Borrelli said this about the consequences had the Board published the new PREA contract to the taxpayers before the Board approved it: “The District would most definitely be on the wrong side of any adjudication to [sic] either a ULP or grievance of these issues with resulting fines, fees and penalties incurred.”

“Liar, liar, pants on fire” doesn’t begin to capture the outright dishonesty of that comment, which Borrelli attributed to advice from the District’s attorneys – because weasels usually blame their lawyers.

Not surprisingly, Borrelli offered no written opinion those attorneys so taxpayers could know, in the first instance, whether Borrelli is even telling the truth about that advice; and, if so, letting that opinion be subjected to taxpayer scrutiny.

That’s because Borrelli and the rest of his lemming Board members are blatantly anti-transparency and equally anti-accountability. They scurry off into closed sessions more frequently than any other local governmental body, with the possible exception of the Maine Township High School District 207 Board – whose members share D-64’s obsession with hiding the truth from its taxpayers. So the D-64 Board’s hiding behind the alleged advice of counsel is the most convenient, and most cowardly, way to justify such a lack of transparency.

As best as we can tell, Borrelli’s alibi is either an outright lie or bad legal advice – starting with the actual language of the 2012 PREA contract under which the most recent negotiations were conducted which reads as follows:

  1. Progress Reports.   General progress reports may be issued during negotiations to the Association or Board. Public releases must have prior mutual consent until either the Board or the PREA declares impasse or submits to mediation. After a declaration of impasse, public releases or statements may be made without mutual consent provided the other party is given 48 hours’ advance notice. Subsequent releases or statements do not require either party to provide notice to the other party. Final offers must be made pursuant to the requirements of the Illinois Educational Labor Relations Act.

Nothing in that provision even addresses when a tentative agreement, such as the one Borrelli announced on August 22 as having been reached by the District and the PREA, can or cannot be published. And we could find nothing In the Illinois Education Labor Relations Act (the “IERLA,” 115 ILCS 5) – the statute that governs school district employee disputes – which prohibits a school district or an individual school board member from publishing a tentative agreement before it is ratified by the PREA or approved by the Board.

So Borrelli’s alibi appears to be a lie even at its most basic threshold level.

But there’s more.

Even if any of the feckless members of the D-64 Board were to have suddenly grown a spine and mustered the honesty and integrity necessary to publish the tentative agreement to the taxpayers back in August or early September, the consequences to the District would appear to be…nothing!

Contrary to Borrelli’s dire-but-idle warnings of “fines, fees and penalties” clearly intended to squelch any dissent, nothing would have happened unless and until the PREA filed a ULP or grievance against the District. And if the PREA did so, that would confirm what we already suspect: that the PREA and its member teachers were terrified of the taxpayers finding out the sweetheart terms of the new contract before it becomes a done deal.

So what?

Under 115 ILCS 5/15, all the Illinois Education Labor Relations Board can do in response to a ULP filing is to hold a hearing and, if warranted, enter a cease and desist (“C&D”) order basically saying: “Don’t do that again.”

Ouch!

And while the IELR Board can award “an appropriate sanction” which “may include an order to pay the other party or parties’ reasonable expenses including costs and reasonable attorney’s fees,” that sanction appears to be available only if D-64 makes allegations or denials “without reasonable cause and found to be untrue or has engaged in frivolous litigation for the purpose of delay or needless increase in the cost of litigation….” 115 ILCS 5/15.

In other words, there could have been no “fines, fees and penalties” assessed against D-64 (a/k/a the taxpayers) unless the District acted frivolously and/or irresponsibly.

Although frivolous and irresponsible is this Board’s standard M.O., hopefully its attorneys would prevent this Board’s members from either lying or bumbling into sanctionable conduct. And we suspect the foregoing analysis is pretty close to what the District’s attorneys would have furnished Borrelli and the lemmings – assuming they had actually asked the attorneys for a written legal opinion. But we’re betting no such opinion was even requested.

Because Borrelli and the other lemmings on the Board knew exactly what they wanted to do with this new PREA contract and how they wanted to do it. And the last thing they wanted was anybody – not the District’s attorneys and most certainly not its taxpayers – advising otherwise.

Arrogant cowards holding elective office never do.

And weasels usually blame their lawyers.

To read and/or post comments, click on title.

13 comments so far

“Weasels” may be a little harsh but maybe not.

It boggles my mind that this process could play itself out in this kind of secrecy, and that our elected officials sound proud of it rather than embarrassed by it. Not just Borrelli but Sotos and Eggemann too.

Worse yet, this Board just stuck the 2020 board with the same process.

On second thought you’re right. They are weasels.

EDITOR’S NOTE: We considered it “a little harsh” originally, but the more we thought about how contemptuous this Board is of the taxpayers we came to the conclusion it was just right. Or maybe not harsh enough.

So are you saying that if the Board had published the tentative contract before it was approved by the Board there would have been no negative consequences?

EDITOR’S NOTE: Yep, as best as we can tell. But we’d L-O-V-E to see a written opinion from the District’s attorneys proving us wrong.

For me, it’s one thing to comply with the existing contract, assuming compliance with the 2012 contract required the secrecy the Board did not wish to challenge this time around. But what I find unforgivable is that this Board built the same provision into the new contract. Since only the PREA benefits from secret negotiations, it does look like the Board was doing the PREA’s bidding by including it and tying the hands of the board that will be negotiating the next contract in 2020. That’s pretty lousy.

EDITOR’S NOTE: Renewing that provision may be the single worst feature of this new contract. But with Borrelli being Heinz’s sock puppet, Sotos being PREA-owned, and the rest of the Board being lemmings, we predicted that would happen months in advance.

Yet another circumstance when we get no joy from being right.

Aside from Borreli asserting fines and penalties as what you seem to have described as an excuse for not being transparent, both parties have an obligation to deal in good faith. That’s a term that means something different to different people I suppose.

As much as it now may appear that spilling the negotiation details into the the newspapers might not have provided Park Ridge citizens with a better financial/academic outcome, how could the board members have known that in advance?

It sounds like you would have been pleased to see a written legal opinion regarding the board publicly sharing mid-negotiation information. The key word here is opinion. Lawyers rarely deal in absolutes and typically worry their clients with “possiblities.” Isn’t it possible that depending on the how badly the other team wanted to win one point or another the effort to be completely transparent could have caused negotiations to stall, or become completely side tracked?

It’s hard swallow, but when we elect our officials we empower them to make decisions on our behalf. Sometimes their strategies and thought processes are just not going to be shared with us. Not all the time, but certainly sometimes. I know you are not OK with that, but some people can accept these variables as part of the negotiation process.

EDITOR’S NOTE: Of course you’e “defending.”

To this D-64 Board, the duty to bargain in “good faith” means giving the PREA what it wants. But since these Board members didn’t have the honesty and integrity for “spilling the negotiation details into the the newspapers,” we’ll never know whether doing so would have “provided Park Ridge citizens with a better financial/academic outcome.” That’s the question secrecy never answers.

So what if “negotiations…stall, or become completely side tracked”? That’s why there are impasse and mediation procedures, and strikes. And that’s why there should be transparency so that the reasons for impasse – and how the negotiations got there – are known to all the taxpayers.

When we elect our officials we don’t empower them to hide from us and keep secrets from us. But it comes as no suprise that an anonymous commentator would endorse such hiding and secrecy.

Not Defending:

I expect my elected representatives to share “their strategies and thought processes” ALL THE TIME!!!! We’re not dealing with state secrets and national security here. I have never heard anybody at D-64 explain why contract negotiations need to be conducted in secret, which I assume is because their explanation sucks.

I’m a Democrat so this isn’t a D or R thing, it’s a dishonest and stupid thing.

I presented some reasonable perspectives and questions, and your response was surprisingly civil until you fell back to your complaints about anonymity. I’ll respond to you as I believe you would to me. If you don’t like the anonymous function of your site why don’t you remove the option? Every conversation about issues doesn’t need to be an argument Mr. Dog. Or, does it?

EDITOR’S NOTE: No surprise in your not seeing the irony in an anonymous commentator extolling secret proceedings – and and the anonymity of commentary in their favor.

If we’re not debating (or arguing, in your view) issues, what’s the point of the “conversation”?

The goal of negotiating is to come to an agreement, not to drag things out and waste time and purposefully create an impasse.

I’m glad that the board of directors of companies that I hold stock in do not publicly negotiate their contracts. What you and the other respondent are promoting is for the board to make a suggestion, then run out to the audience and ask everyone if they are ok with the idea, then go back to the union and try not to let on that there is either little, or a great deal of support for the concept. You want to see the issues so you can pick apart the actions of board members and lawyers. Perhaps not everyone is interested in creating or watching a food fight? If everyone is as unhappy with the D64 board as you are, there will be opportunities to unseat them soon enough.

EDITOR’S NOTE: The goal of negotiating is to come to an agreement advantageous to the person(s) you represent, not just any old agreement – even if it disadvantages your principal(s). And if “drag[ging] things out” is a problem for you, beef to the D-64 Board and the PREA for taking almost 9 months to do something it could have done in 9 weeks.

Private companies, even publicly-traded ones, are profit-driven and don’t operate under the same rules as governmental bodies. So what’s the point of bringing up that kind of red herring?

What this editor is promoting is open, “blue-sky” negotiations that can be seen and heard – or not – by the taxpayers and union membership alike, either in person and on videotape. Why would anybody who claims to be a champion of “transparency” – like Borrelli, Sotos and Eggemann, who can’t say enough about how much they want it even as they vote time and again for closed sessions – insist on negotiating 4-year, $200 million-plus contracts in secret? And if those negotiations truly are a “food fight,” why shouldn’t the taxpayers get to see it, and hold their elected officials accountable for it?

Those were some good points. Much of what you’ve said here makes good sense. It is certainly odd to promote transparency during elections and then take actions that contradict your platform. I do expect officials to have integrity.

Your Editor’s Note to “Defending” at 12:01 p.m. hits the nail on the head.

Blue-sky negotiations are what the taxpayers deserve. The fact that this Board failed to insist on that term in this new contract, standing alone, makes this new contract fatally flawed. And that’s without getting into the absurdity of CPI (or CPI-U) based compensation.

It makes me wonder who the District’s attorneys are and whether they are in bed with the PREA’s negotiators, or whether our board members are just this thick-headed that they don’t realize where the line in the sand must be drawn.

EDITOR’S NOTE: The District’s attorneys are solidly competent. They are just coming up with the legal advice and justifications that this anti-transparent Board and administration are asking them to provide.

When Wietecha, Marous and Frimark were the mayors with complicit city counsels, attorneys Buzz Hill and Klein, Thorpe & Jenkins provided the legal justifications for the secret and silly things those folks wanted to do. When Dave Schmidt became mayor and got a majority of aldermen who shared his H.I.T.A. vision of transparent and accountable government, Hill and KTJ were able to provide legal justification for that philosophy – even easier than for the secrecy of Schmidt’s predecessors.

So are you saying that the district’s attorneys do whatever the school board tells them to? If that’s the case, then aren’t those attorneys doing the taxpayers a disservice?

EDITOR’S NOTE: No, the attorneys may very well be giving sound legal advice. It’s the Board members who don’t want transparency and accountability – and who are directing the attorneys to come up with the legal excuses enabling the Board members to hide from the taxpayers.

Has any D64 board member or administrator made a case for the secrecy of the negotiations or not publishing the tentative agreement? I can’t see any benefit to the taxpayers, so I have just assumed it’s for the benefit of the PREA.

EDITOR’S NOTE: The only person on that Board who actually addressed the transparency issue was Eggemann, which was the sole reason for his lonely “no” vote.

The rest of that Board, individually or collectively, has not even attempted to justify closed-session negotiations because, at the end of the day, they don’t have the fortitude/stones to say “no” to the PREA; and they don’t want their constituents to be able to observe just how insipid and inept they and the district’s administrators are as negotiators

Public officials who hate transparency will find every available way around it, even if they need legal advice to do so. And do not think for a minute that Heinz, Kolstad and the other administrators want transparency. They’re glorified teachers who live for secrecy in everything they do.

EDITOR’S NOTE: Agreed, and IOMA – although a decent law – is a Swiss cheese of loopholes for dishonest public officials who want to hide from their constituents.

You First?

Wow, your hypocrisy once again sets a new high-water mark. If you believe that the D64 Board should disclose attorney advice, why don’t you lead by example?

As I recall, the Library’s attorney wrote a memo regarding the tutor policy that was inadvertently released to the press, and you were among those who moved quickly to squelch it. No doubt, the memo stated that the Board was discriminating against a certain class, but that didn’t fit your “narrative”, so you actually fired that attorney and moved the next one. Opinion shopping, perhaps?

As one of the legal weasels, you know better than most how to “game” the system. It just takes a remarkable amount of chutzpah to demand disclosure from the D64 Board when you are too much a coward to do it yourself.

PS – save me from the “attorney privilege” nonsense; no doubt the D64 Board could claim the same, but you would not give them a pass.

EDITOR’S NOTE: The attorney’s opinion about the tutor policy to which you refer was fully discussed in an open session during the October 2015 board meeting. And the attorney who provided that opinion was not “fired”: her firm was replaced by the City Council and the new firm, according to custom, also became the Library’s counsel.

To further illustrate the difference between the Library Board and the D-64 Board, at the October 2016 meeting the Library Board voted unanimously to publish a portion of the August 2016 closed session meeting minutes – which closed session this editor voted against – containing a Board discussion questioning the attorney’s opinion against open-session discussion of the Library Director’s review; and those previously-closed minutes were published as part of the August Board meeting.



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