EFILED

1/6/2023 2:15 PM
Melissa Quick
Clerk of the Circuit Court
Vermilion County, Illinois
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT KC, Deputy Clerk
VERMILION COUNTY, ILLINOIS

DOUGLAS F. TOOLE )
)
Plaintiff, )
)
v. ) No. 2023-MR-
) 2023MR000001
VERMILION COUNTY BOARD )
OF HEALTH, )
)
Defendant. )

COMPLAINT

NOW COMES Plaintiff, Douglas F. Toole, by and through his attorney, Ronald S.

Langacker of Langacker Law, and hereby brings the following Complaint against Defendant,

Vermilion County Board of Health (“Board”). In support thereof, Plaintiff states as follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction to grant relief pursuant to the Open Meetings Act, 5 ILCS § 120/3

et seq.

2. Venue is proper in this Court pursuant to 5 ILCS 120/3 because the violation of the Open

Meetings Act at issue herein occurred in this Circuit. Venue is also proper under Section 5/2-

101 of the Code of Civil Procedure because the acts complained of herein occurred in

Vermilion County, Illinois.

PARTIES

3. Plaintiff, Douglas Toole, (“Toole”) resides in Vermilion County, Illinois. Plaintiff has been

employed with the Vermilion County Health Department (“VCHD”) since 1988, and in 2016

was appointed as the Public Health Administrator for VCHD. Plaintiff served as the Public

Health Administrator until November 16, 2022. (Exhibit A, Affidavit of Douglas Toole, ¶1).

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4. During the time Plaintiff was employed as the Public Health Administrator, he met and/or

exceeded the expectation of his employer, the Vermilion County Board of Health. (Ex. A, Pl.

Aff. ¶3).

5. Defendant, Vermilion County Board of Health (“Board”), is constituted within Illinois for the

administration of the VCHD serving Vermilion County, Illinois. Currently, eleven (11)

members serve on the Board, with a quorum consisting of six (6) members.

6. Defendant is a public body as defined under the Illinois Open Meetings Act, 5 ILCS 120/1.02,

with its principal place of organization within Vermilion County, Illinois, and the actions at

issue occurred within Vermilion County. The Board meets on a regular basis in accordance

with the provisions of the Open Meetings Act.

7. Plaintiff, as Public Health Administrator, is appointed and supervised by the Board. The Board,

as part of its duties, annually evaluates the Public Health Administrator.

STATEMENT OF FACTS

A. The November 10, 2022 Board of Health Meeting.

8. The regularly scheduled Board of Health meeting was to take place at 6:00 p.m. on November

10, 2022, at the Vermilion County Health Department, 200 S. College St., Danville, Illinois.

9. In compliance with the Open Meetings Act, the Board previously published the meeting’s

agenda. (Exhibit B).

10. On the agenda, under “New Business,” the Board planned to meet in executive/closed session,

pursuant to 5 ILCS 120/2(c)(1), in order to discuss “the appointment, employment,

compensation, discipline, performance evaluation or dismissal of specific employees of the

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 public body.” More specifically, the Board intended to evaluate Plaintiff’s performance as

Public Health Administrator. (Ex. A, Pl. Aff. ¶6).

11. At the time the meeting was scheduled to begin at 6:00 p.m. November 10, only five of the

eleven Board members were physically present. 1 Board member Wes Bieritz had advised

Plaintiff that he had a conflict and would arrive late to the meeting. (Ex. A, Pl. Aff. ¶7)

12. From 6:00 p.m. until 6:52 p.m., the Board took no official action due to lack of a quorum, and

waited for Bieritz to arrive. (Ex. A, Pl. Aff. ¶8)

13. At 6:52 p.m., Bieritz had yet to arrive, and the Board—still without a quorum—told Plaintiff

they wished to discuss his annual performance evaluation and asked that he leave the

conference room. At that time, the Board did not vote to go into closed session as required by

the Open Meetings Act. (Ex. A, Pl. Aff. ¶9)

14. At around 7:50 p.m., Board member Bieritz arrived and joined the in-progress Board meeting.

The Board continued their private discussion until 8:45 p.m. (Ex. A, Pl. Aff. ¶10)

15. At 8:45 p.m., Plaintiff was allowed to rejoin the meeting. The Board did not move to return to

open session. Board member Priest called the meeting to order and went through the listed

agenda items. (Ex. A, Pl. Aff. ¶11)

16. After returning to open session, Board Member Brad Gross advised the Plaintiff that he wished

to discuss Plaintiff’s performance evaluation at the VCHD on November 15, 2022. No vote or

final action had taken place in relation to the Board’s closed session discussion. (Ex. A, Pl.

Aff. ¶12)

17. The Board meeting was adjourned at approximately 9:10 p.m. that evening without the Board

scheduling a time and/or date for the December 2022 Board meeting. (Ex. A, Pl. Aff. ¶11)

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A sixth board member, Celeste Widolff, called into the meeting at 6:00 p.m,; however, she did not meet the
requirements necessary to attend the meeting by other means as outlined in 5 ILCS 120/7(a).

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 B. November 16, 2022: the Board Provides Plaintiff with an Ultimatum: Resign
Immediately or be Fired.

18. On November 15, Brad Gross informed Plaintiff that he needed to that needed to postpone the

proposed meeting to review Plaintiff’s performance evaluation until the following day,

November 16. (Ex. A, Pl. Aff. ¶13)

19. On November 16, Plaintiff met with Brad Gross, Nancy Boose, the HR Director of Vermilion

County, and three other Board members at the VCHD. (Ex. A, Pl. Aff. ¶14)

20. Gross advised Plaintiff that the Board “had lost faith” in Plaintiff’s ability to lead the Health

Department, and provided him with an ultimatum: either resign or he would be immediately

terminated. (Ex. A, Pl. Aff. ¶15)

21. Shocked by the ultimatum, and faced with prospect of immediate termination, Plaintiff was

involuntarily coerced by the Board into tendering his immediate resignation. (Ex. A, Pl. Aff.

¶16)

C. The Draft Minutes from the November 10, 2022 Meeting.

22. The Open Meetings Act provides that all public bodies shall keep written minutes of their

meetings, whether open or closed, Minutes shall include (1) the date, time and place of the

meeting; (2) the members of the public body recorded as either present or absent and whether

the members were physically present or present by means of video or audio conference; and

(3) a summary of discussion on all matters proposed, deliberated, or decided, and a record of

any votes taken. 5 ILCS 120/2.06.

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23. The Board convened a special meeting on December 6, 2022. Contained within the Board’s

agenda for the meeting was approval of the prior minutes of the November 10, 2022 meeting,

(Exhibit C).

24. The proposed minutes from the Board’s November 10, 2022 meeting contained numerous

inaccuracies, including but not limited to the following:

a. The meeting was not called to order at 6:00 p.m. because a quorum was not present at

that time;

b. Celeste Widolff was not physically present, but attended remotely by telephone;

c. Wes Bieritz was not physically present at the meeting until approximately 7:50 p.m.;

d. No motion was made at 6:52 p.m. to go into closed session; moreover, Wes Bieritz

could not have made a motion to go to closed session at 6:52 p.m., as he did not arrive

at the meeting until approximately one hour later;

e. No motion was made to return to open session at 8:45 p.m.; and,

f. The Board did not schedule the next meeting of the Board to take place at December

6, 2022 at 6:00 p.m.

COUNT I
(Violation of the Open Meetings Act)

25. Plaintiff repeats and re-alleges all of the previous paragraphs in this Complaint as if fully set

forth herein.

26. At all times relevant, the Board is required to comply with the provisions of Illinois’ Open

Meetings Act, 5 ILCS § 120/3, et seq.

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27. Sec. 120/2(e) of the Open Meetings Act states “no final action may be taken at a closed

meeting. Final action shall be preceded by a public recital of the nature of the matter being

considered and other information that will inform the public of the business being conducted.”

28. Defendant violated the Illinois Open Meetings Act as shown by but not limited to the following

actions:

a. Adjourned to closed session in the November 10, 2022 meeting without a quorum;

b. Failed to take a vote to go into closed session in the November 10, 2022 meeting;

c. Took final action in closed session to notify Plaintiff of an ultimatum—to either resign

as Public Health Administrator, or be immediately terminated;

d. Failed to vote to return to open session after meeting in closed session;

e. Failed to take any final action related to Plaintiff’s employment in open session,

including taking a vote authorizing Gross to provide Plaintiff an ultimatum of either

resigning or being immediately terminated; and

f. Failed to keep accurate minutes of the November 10, 2022 meeting.

29. Plaintiff has been damaged in amounts to be proven at trial, including suffering,

embarrassment, stress, and other compensatory damages.

WHEREFORE, PLAINTIFF REQUESTS AS FOLLOWS:

A. Declare null and void the final actions taken against Plaintiff at the Board meeting held on

November 10, 2022;

B. Enter an order vacating and expunging the Board’s decision to constructively discharge

Plaintiff;

C. Reinstate Plaintiff as the Public Health Administrator at the VCHD;

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D. Enter a public declaration that Defendant violated the Open Meetings Act by one or more of

the actions and omissions enumerated infra;

E. Authorize an in-camera review of the record of the closed session meeting pursuant to Section

2.06 of the Open Meetings Act;

F. Enjoin Defendants from future violations of the Open Meetings Act;

G. Assess reasonable attorneys’ fees and other litigation costs reasonably incurred by Plaintiff in

pursuing this action as authorized pursuant to Section 3 of the Open Meetings Act); and

H. Any other such relief as this Court deems necessary and just.

Ronald S. Langacker Respectfully submitted,

Langacker Law, Ltd.
210 N. Broadway Ave. /s/Ronald S. Langacker
Urbana, Illinois 61801 Ronald S. Langacker
(217) 954-1025 Attorney for Plaintiff
[email protected]

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 IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
VERMILION COUNTY, ILLINOIS

DOUGLAS F. TOOLE )
)
Plaintiff, )
)
v. ) No. 2023-MR-
)
VERMILION COUNTY BOARD )
OF HEALTH, )
)
Defendant. )

VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true.

Date Plaintiff
Douglas F. Toole
 IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
VERMILION COUNTY, ILLINOIS

DOUGLAS F. TOOLE )
)
Plaintiff, )
)
v. ) No. 2023-MR-
)
VERMILION COUNTY BOARD )
OF HEALTH, )
)
Defendant. )

AFFIDAVIT

I, Douglas F. Toole, am over 21 years of age, under no legal disability, and hereby testify

to the following:

1. I have been employed with the Vermilion County Health Department (“VCHD”) since 1988,

and was appointed as Public Health Administrator for VCHD in 2016. I served as

Administrator until November 16, 2022.

2. As the Public Health Administrator, I reported to the Vermilion County Board of Health

(“Board”).

3. As the Public Health Administrator, I met and/or exceeded the expectation of the Board.

4. As part of my duties as Public Health Administrator, I attended regular and special Board

meetings.

5. On November 10, 2022, the Board of Health Meeting was scheduled at the Vermilion County

Health Department, 200 S. College St., Danville, Illinois.

6. On the agenda, under “New Business,” the Board planned to meet in executive/closed session,

pursuant to 5 ILCS 120/2(c)(1), in order to discuss “the appointment, employment,

compensation, discipline, performance evaluation or dismissal of specific employees of the

Exhibit A 1
 public body.” More specifically, I understood the Board intended to evaluate my performance

as Public Health Administrator.

7. At the time the November 10 meeting was scheduled to begin, only five of the eleven Board

members were physically present. Board member Wes Bieritz had informed me that he had

another meeting at 5:30, but that he would arrive late to the meeting.

8. From 6:00 p.m. until 6:52 p.m., the Board took no official action. At 6:52 p.m., the Board

advised that they wished to discuss my annual performance evaluation and asked that I leave

the conference room.

9. I started a cassette tape-recorder so that the closed-door meeting would be recorded, and I went

into the hallway and closed the door.

10. I do not recall the Board voting to go into closed session.

11. At around 7:50 p.m., Board member Bieritz arrived and joined the in-progress Board meeting.

The Board continued their closed-door discussion until 8:45 p.m.

12. At 8:45 p.m., I was allowed to rejoin the meeting. The meeting was called to order without a

vote to return to open session, and the Board members rapidly voted on the action items

contained in the agenda.

13. The meeting was adjourned at approximately 9:10 p.m. that evening. No mention was made of

a subsequent December 6 meeting.

14. During the November 10 meeting, Brad Gross informed me that he wanted to review my

performance evaluation at 3:30 p.m. on November 15.

15. On November 15, Brad Gross informed me that needed to postpone the meeting to review my

performance evaluation until 8:30 a.m. on November 16.

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 Agenda: Board of Health Meeting

Time: 6:00 PM
Day/Date Thursday, November 10, 2022
Place: MCH Classroom, Vermilion County Health Department, 200 S. College St. Danville, IL

Bold Print Indicates Action Item

1. Call to Order

2. Approval of Agenda

3. Audience Comments

4. Approval of the Minutes of September 20, 2022 Meeting

5. Fiscal Status
A. Budget and Expenditure Report for September and October, 2022
B. State and federal grant updates
C. County fiscal update

6. Old Business
A. Electronics collection update
B. Program updates
1. Environmental Health
2. Emergency Preparedness
3. Immunizations / Communicable Disease
4. WIC
C. Administrator update

7. New Business
A. Executive Session: Pursuant to the Illinois Open Meeting Act, Illinois Compiled
Statutes 5 ILCS 120/2 (c) (1), “the appointment, employment, compensation,
discipline, performance evaluation or dismissal of specific employees of the
public body……”
B. Administrator Evaluation
C. Nominating Committee Presentation of Slate of Officers and Election
D. Food Ordinance revisions
E. Cost Principles policy
F. Cash Management / Cash Distribution policy
G. Proposed 2022 Board of Health Meeting schedule
H. Medical Director agreement

8. Items of Information
A. Report on Recent Site Visits, Evaluations, Audits and Certifications
B. Staffing
C. Next Meeting

9. Adjournment
NEXT MEETING: TBD

Exhibit B
 VERMILION COUNTY HEAL TH DEPARTMENT
BOARD OF HEAL TH MEETING
November 10, 2022
6:00 PM

Present: Carla Priest, Brad Gross, Wes Bieritz, Celeste Widoff, Paulina Padjen,
Marla Mackiewicz, Bob Jones

Absent: Sabeeha Haque, Connie Ostrander, Karen Broaders, Jane Cooney

The meeting was 9alled to order by Carla Priest, at 6:00 PM.

A motion was made to approve the agenda as presented.

Motion: Brad Gross

Second: Paulina Padjen
Motion carried unanimously as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve the regular minutes of the July 26, 2022, with
corrections and the September 20, 2022, minutes.

Motion: Brad Gross

Second: Wes Bieritz
Motion carried unanimously as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

Fiscal Status

The Board reviewed the Budget Performance Report, Income Statement, and the
Balance Sheet for October 2022.

Exhibit
1 C
A motion was made to approve of the financial reports for October 2022 as presented.

Motion: Brad Gross

Second: Wes Bieritz
Motion carried unanimously as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

State and Federal grant money has been coming in regularly.

Wes Bieritz reported that the County is in good shape financially.

Old Business:

Doug updated the Board on various Departments.

Environmental Health- David Compton was hired as a Health Inspector.

Public Health Emergency Preparedness- Amy Lacy has resigned from the
Emergency Planning Coordinator.

Immunizations - Flu number vaccinations are down. This could be due from most
citizens being concerned about the Covid vaccines.

WIC (Women's, Infants and Children}- The drive up is still how WIC is operating.

COVID 19 Mass Vaccination clinics - We were able to get the new vaccine and we
have a clinic planned for November 16, 2022.

Administration Update-The new furniture will be coming in mid-December.

New Business:

Executive Session: Pursuant to the Illinois Open Meeting Act, Illinois Compiled
Statutes 5 ILCS 120/2 ( c) (1), "the appointment, employment, compensations,
discipline, performance evaluation or dismissal of specific employees of the
public body ... "

A motion was made to go into close session at 6:52 p.m.

Motion: Carla Priest
Second: Wes Bieritz
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Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to go into open session at 8:45 p.m.

Motion: . Wes Bieritz

Second: Brad Gross
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve Brad Gross as President of the Board of Health.

Motion: Wes Bieritz

Second: Carla Priest
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve Paulina Padjen as Vice President of the Board of
Health.

Motion: Brad Gross

Second: Carla Priest
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
3
 Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

.A motion was made to approve Carla Priest as Secretary of the Board of Health.

Motion: Wes Bieritz

Second: Brad Gross
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve proposed Food Ordinance revision.

Motion: Brad Gross

Second: Wes Bieritz
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve proposed Cost Principles policy.

Motion: Brad Gross

Second: Wes Bieritz
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve proposed Cash management/ Cash Distribution policy.

Motion: Brad Gross

Second: Carla Priest
4
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve proposed 2023 Board of Health schedule.

Motion: Brad Gross

Second: Paulina Padjen
Motion carried as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

A motion was made to approve Dr. Horner as the Medical Director

Motion: Wes Bieritz

Second: Brad Gross
Motion carried unanimously as follows:

Wes Bieritz Yes

Carla Priest Yes
Brad Gross Yes
Paulina Padjen Yes
Celeste Widoff Yes
Marla Mackiewicz Yes
Bob Jones Yes

Items of Information:

The next meeting will be Tuesday, December 6, 2022, at 6:00 PM at the Health
Department.

A motion was made to adjourn the meeting.

Motion: Brad Gross

Second: Paulina Padjen
Motion carried unanimously.
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Respectfully submitted,

Clayton Fauver
Recording Secretary

Carla Priest
Secretary, Board of Health