This post was contributed by a community member. The views expressed here are the author's own.

Health & Fitness

"If you have a complaint, address it to administration, not the Board!" REALLY????

The BWSD has absolutely refused to address my Complaints that the recent hiring of the new Baldwin Football Coach should be rescinded because it was done in a way that violated District policy!

On February 13, 2013 I attended my first-ever BWSD School Board Meeting.  My reason for attending was to endorse Mr. Greg Perry as the next Baldwin Head Football Coach (“HFC”).  I was there to tell them about the positive experience our family had at Seton-LaSalle (“SLS”), where Greg coached all three of my sons.  Greg has been a great leader and mentor of the young men at SLS, he works hard with them in the recruiting process and that Baldwin would have been well-served to name him the next HFC.  After my brief presentation, I waited for the vote on the HFC hoping and expecting that the Board would approve Greg as he was the recommended candidate of the BWSD Superintendent.  I was appalled by what I witnessed when the Board voted!  Astonishingly, the Board voted to reject Greg by a 5-4 vote!  Minutes later, Board Member Tracy Macek made a motion nominating Mr. Peter Wagner as a candidate for the HFC position.  Immediately thereafter, the Board voted to approve him for the job by a 6-3 vote and he was named as the new HFC with absolutely no Board discussion or opportunity for comment public.  At the end of the meeting I publicly expressed my view to the Board that their actions were wrong, that the new incumbent HFC did not possess the “required” minimum 5 years of coaching experience and that the Board’s action may very well have violated the law.  At the end of the meeting, one Board Member told me “if you have a complaint, address it to administration, not the Board!” 

 For the last 80 or so days I have been struggling to do just that but the BWSD has absolutely refused to respond to my legitimate and credible complaints.  Instead the BWSD has attempted to muzzle and marginalize me in the hopes that I would just go away.  I have been working very hard behind the scenes trying to get the District to come to their senses and respond to the 2 Complaints that I have filed.  I write to let you all know about my efforts, to advise you all of the unprofessionalism and audacity of the BWSD and to ask you to contact School Board Members directly and demand that they address my complaints.

 In the weeks following that meeting, I did a fairly extensive review of the BWSD’s policies and filed an 8-page Complaint under the District’s EEO and Non Discrimination Policy (Policy 104) alleging that the District’s actions were improper and that the position should be rescinded because  1) nothing in BWSD policy gives a Board Member the power to unilaterally nominate candidates for consideration that were not recommended by the Superintendent, 2) that the hiring process employed was bias and exclusionary in violation of BWSD policy and state and federal law, and 3) that there is evidence that age was a motivating factor in the hiring process.  I was told by the Solicitor that the District had no intention of responding to my Complaint because I had “no legally recognized interest in the matter.”  Undaunted, I attempted to re-submit my Complaint utilizing the “General Complaint Procedure” set forth in BWSD Policy 906 (“Public Complaints”).  (Policy 906 says that any “parent/guardian, student, resident or community group shall have the right to present a request, suggestion or complaint.”  It also says that “General complaints about Board policy and district procedures, programs, operations, facilities and personnel shall be processed” in accordance with the General Complaint Procedure detailed in Policy 906).  By letter dated March 15, 2013, the Solicitor wrote to advise me that the District again was refusing to process my second Complaint under policy 906 because I “have no legally recognized personal or property right, privilege or immunity which has been affected by the board’s hiring of a football coach” and that my “status in this matter is merely that of an ordinary citizen of the community.”  It’s important to note that both Policy Nos. 104 and 906 contain investigation procedures that have never been undertaken by the District.      

Find out what's happening in Baldwin-Whitehallwith free, real-time updates from Patch.

 In my original Complaint, I also advised the District of my intention to pursue a claim of discrimination with the Office of Civil Rights (“OCR”) of the U.S. Department of Education (“DOE”).  As a recipient of federal education funds, BWSD commits not to discriminate in violation of Title VI of the Civil Rights Act of 1964.  Title VI prohibits discrimination on the basis of race, color and national origin.   Finding no doors open at BWSD, I was forced to follow through and on March 22, 2013 I filed a Discrimination Complaint with the OCR of the DOE.  I filed the Complaint with OCR because I had grown weary of the Board’s and the BWSD’s bad-faith stone walling and their unwillingness to address my claims.  I also feel that the Board has discriminated/retaliated against me by refusing to process my Complaints.    As of this writing, the OCR is evaluating my claims and if they find merit to my Complaint, they will conduct their own investigation and the District and the Board will not be able to ignore the investigators from the OCR the way they have ignored me!  I’m not sure if the District realizes but if a recipient of federal educational assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance can either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action.  This Board is so arrogant and so hell-bent on refusing to follow District policy and respond to my Complaints, that they are willing to jeopardize funding or risk litigation.  I’ve made it clear to the District that if my Title VI Complaint fails that I fully intend to pursue this matter in the courts.  I feel like I’m engaged in a game of high stakes chicken with this Board and absolutely refuse to do their job and follow the rules.

This situation reminds me of the story of the Emperor and his Clothes.  Just like in the story where everybody knew the Emperor was naked, we all know what happened here:  Our Board decided that they would give the HFC job to Mr. Wagner regardless of who else applied or whether or not he met the District’s own “Required Qualifications.”  Now, I bear no ill-will against Mr. Wagner.  I don’t even know him.  By all accounts he’s a solid young man that seems committed to the District and the football team.  This is also not about getting Greg Perry that job.  After what I’ve witnessed, I don’t know why anyone would want to work for our District.  This is now about government accountability, following the rules and letting this Board know that our School District is not their private domain to manage however they see fit.  What happened here is that the Board tried to pull a fast one on BWSD taxpayers.  They tried to slide this through in such a way that no one could contest it or even comment on it.  SHAME on them and SHAME on us if we simply allow it to happen!  They never factored someone like me into the equation.  I have no political ties to anyone, I cannot (and will not) be bullied into going away and I’m a licensed attorney that WILL take this matter to court if they insist on continuing their ridiculous game of “chicken.”  I’m also tired of my friends telling me how some Board members have told them that they “think they have me beaten.”  Those folks clearly don’t know me and how committed I am to this issue. 

Find out what's happening in Baldwin-Whitehallwith free, real-time updates from Patch.

If I’m right that the Board lacked the authority to hire Mr. Wagner, then they need to admit the mistake and start the hiring process over.  There’s plenty of time to do so without disrupting this football season.  If the District wants to hire Mr. Wagner after the recruiting process is done correctly following BWSD policy, they are free to do so.  I do not care and will not complain.  If it’s done correctly and out in the open, I will stop.   Don’t let this go any further, contact your School Board and demand that they respond to my claims.  I’m concerned that once our dirty laundry is aired in the press and in the courts, it will be a sad and embarrassing profile of school district governance that will not make any of us proud!

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?