Hinsdale D86 Denies Breaking Law In Lawyer Hiring

HINSDALE, IL – Through its attorney, the Hinsdale High School District 86 board has denied breaking the state's open meetings law when it reversed course on hiring a law firm.

A couple of weeks ago, Matthew Swift of the Chicago-based Robbins Schwartz law firm responded to a complaint filed by resident Yvonne Mayer with the attorney general's office.

Swift said the district "unequivocally denies Ms. Mayer's speculative and offensive accusations."

Starting in the fall, board members publicly spoke about going through a competitive process to choose a new general counsel. Under state law, the board has no obligation to go through such a process for professional services such as attorneys.

At a board meeting in early January, interim Superintendent Raymond Lechner updated the board on the request for proposals for legal services. Two members asked about it.

Two weeks later, Lechner gave another update, but no member asked any questions. Later in the meeting, without any discussion, the board unanimously voted for Chicago-based Robbins Schwartz as its law firm, with member Terri Walker pausing before voting. The board did not issue a request for proposals.

Under state law, Mayer said the board must discuss the process of selecting a law firm in public. The board jumped from wanting a request for proposals to choosing a firm without competition.

The attorney general's office released the district's response, but it was heavily redacted.

In the response, Swift denied the board discussed the hiring process in a closed session. He provided closed-session recordings and minutes to the attorney general.

It's possible that board members – in groups smaller than a majority – discussed the hiring process face to face or through correspondence such as email or text.

In Swift's list of attachments, he did not include any email or text conversations.

Robbins Schwartz was the firm that the board unanimously voted for.

When the vote was called in late January, no member asked why the board was suddenly changing its process or why the district wouldn't seek other firms' proposals.

"(T)his was, in retrospect, all a charade," Mayer wrote in her complaint. "The board pulled the wool over the eyes of the community by intentionally leaving the impression that nothing had changed from this plan..."

Before the new board majority took control last May, some current and incoming board members held a private, off-site meeting with a member of Robbins Schwartz, which was not the district's law firm.

A week and a half after taking office, the board hired Robbins to help with the ouster of then-Superintendent Tammy Prentiss, although the board hid the purpose by saying the firm would look into a "current employee."