Warnings Issued To Ex-Hinsdale D86 Officials

HINSDALE, IL – Two former members of the Hinsdale High School District 86 board have received warnings from district lawyers to keep what the district labels as confidential information secret.

Through a public records request, Patch on Wednesday obtained an email to former board member Kay Gallo, who resigned Oct. 26. She said she had no faith in the board's leadership.

The Nov. 1 email was from attorneys Joseph Perkoski and Matthew Swift of the Chicago-based Robbins Schwartz law firm.

In an interview Thursday, former board member Debbie Levinthal, who resigned in frustration a month earlier, confirmed she received a similar letter after leaving. She had no further comment.

In the letter, the lawyers said the members received information that is subject to attorney-client privilege and "other legally binding obligations with regard to confidentiality." They cited the board-adopted code of conduct, but were silent on whether state law requires secrecy.

"Please be advised that you are still obligated to maintain the confidentiality of such information and records," Perkoski and Swift wrote. "In particular, the attorney-client privilege is held by the Board as a whole and may not be waived by any individual Board member, current or past."

The lawyers also warned the board members not to destroy any records relating to the district's business, unless they have provided a copy of such documents to the district for preservation. Failure to do so, they said, could result in legal claims in some cases.

Near the end of the email, the lawyers wrote, "Thank you for your service to the District."

Gallo forwarded the letter to the district's interim superintendents, saying, "For the district's record for retention purposes."

In an interview, Gallo said she knows of no other board members besides Levinthal who has received such an email.

"I don't understand the reason why this letter was sent. They are not the general counsel," Gallo said. "I find it questionable."

It was unclear why Robbins Schwartz sent the email, given that it is not the district's general counsel. The general counsel is the Itasca-based Hodges Loizzi firm.

In the last few months, the board has twice approved Robbins Schwartz for specific tasks. In May, it was hired to aid in the ouster of then-Superintendent Tammy Prentiss. That job was done by late June.

In September, the board voted 5-2 to hire Robbins Schwartz for a new mission, with Gallo and Levinthal dissenting. It was to investigate a 6-day-old "message with parent concerns."

The board has not approved Robbin Schwartz for any other purpose.

On Thursday morning, Patch left messages for comment with Perkoski, board President Catherine Greenspon and interim Superintendent Linda Yonke.