Law Firm Warns Ex-Hinsdale D86 Board Member

HINSDALE, IL – For the second time since her resignation, Hinsdale High School District 86's law firm warned former board member Kay Gallo not to release information that the district considers confidential.

Neither warning letter indicated any legal consequences.

The letter was emailed Friday, a day after Patch published emails containing Gallo's criticism of the law firm and board President Catherine Greenspon.

In response to previous Patch public records requests, the district released Gallo's emails, but redacted them in their entirety. Patch later obtained the messages with far fewer redactions.

Shortly after Gallo resigned in October, the law firm, Chicago-based Robbins Schwartz, sent her a letter of warning. It did the same for board member Debbie Levinthal, who left a month earlier.

In the new letter to Gallo, the firm said, "The District has reason to believe that an additional reminder about your continuing obligations is necessary."

The letter, signed by attorneys Joseph Perkoski and Matthew Swift, said that even as a former board member, Gallo must not disclose information that could violate the privacy of students or staff, share closed session discussions, reveal the topics or substance of communications with legal counsel, or otherwise share confidential information.

"To whatever extent such disclosures may have occurred already, the District objects and does not waive the attorney-client privilege, any other applicable privilege, or any right to ensure that individuals comply with their fiduciary duties to the District," the attorney said.

Gallo forwarded the warning letter to the school board, Patch and the Hinsdalean, a weekly newspaper.

In the email, she said she sent the letter to the board so that the document could be maintained on the district's server, thus complying with its record retention obligation.

She also criticized the board's use of the law firm.

"While I’m unclear why you believe the need to have your legal counsel send me a reminder was warranted, thank you for validating the concerns I have previously expressed about the ongoing practice of systematic intimidation and harassment of community members by this board through its legal counsel," Gallo said.

Before Patch published its story last week, the district's communications director, Alex Mayster, warned Patch not to publish the emails. He said the redactions were not enough to protect the family or employees mentioned in them.

He did not pinpoint which sections of the emails revealed private family or employee information. Patch could not identify any such passages.

The attorneys did not return a message for comment left on Monday.

In redacting Gallo's previous emails, the district cited the exemptions under the state's open records law that exempts preliminary notes and drafts as well as attorney-client communications.

But the law makes no exception for general criticism of public officials.

Concluding an email to the board in October, Gallo wrote, "(T)he board through its recent actions is harming children and violating policy, is engaging in a full-blown cover-up and deliberately deflecting behavior with potential impacts to children and family. The board president, board members, interim superintendents, and Robbins are all complicit in these actions. and it needs to stop."

The district redacted that part and everything else.