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Lombardo v. Board of Ed. of Sch. Dist. No. 27

OCTOBER 7, 1968.

MARIO LOMBARDO, PLAINTIFF-APPELLANT,

v.

BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 27, COOK COUNTY, ILLINOIS, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County; the Hon. CHARLES S. DOUGHERTY, Judge, presiding. Judgment affirmed. CULBERTSON, J.

Plaintiff, Mario Lombardo, was by resolution of the Board of Education of School District Number 27, Cook County, Illinois, dismissed as a teacher therein. At the time he was engaged in contractual continued service under the Teacher Tenure Law. Charges as set forth in the resolution for dismissal were made against plaintiff, and said charges were considered by the Board to be not remediable. The resolution for dismissal is as follows:

RESOLVED that Mario Lombardo is hereby dismissed as a teacher in this District, the effective date of such dismissal to be immediately before the close of the current school term, that is, June 10, 1966, and that such dismissal is based upon the following charges, causes and reasons:

CHARGES

I. He has demonstrated continued emotional instability both in and out of his classroom, rendering him unsuitable to continue as a teacher in this District.

II. By his activities in his classroom he has prejudiced the best interests of the School District.

III. He has demonstrated a lack of fitness to continue as a teacher in any school in this District.

IV. He has been guilty of unprofessional conduct.

V. He has been guilty of immoral conduct in the school building.

VI. The best interests of the school require his dismissal.

RESOLVED FURTHER that in the opinion of this Board of Education the foregoing charges are on account of causes which are not considered remediable.

Plaintiff was furnished a Bill of Particulars and a Supplemental Bill of Particulars.

In response to the charges set forth in the resolution for dismissal, plaintiff demanded a public hearing, as was his right so to do. A public hearing was had resulting in plaintiff's dismissal by final Board decision, which is as follows:

RESOLUTION

RESOLVED that the resolution of the Board of Education of School District No. 27, Cook County, Illinois, to dismiss Mario Lombardo as a teacher in this District, the effective date of such dismissal to be immediately before the close of the current school term, that is, June 10, 1966, be and hereby is confirmed, and that such dismissal be and hereby is ...


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