Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

John Doe v. Freeburg Community School District

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 30, 2012

JOHN DOE, PLAINTIFF,
v.
FREEBURG COMMUNITY SCHOOL DISTRICT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

CONSOLIDATED

ORDER

Pursuant to the Court's Order dated January 26, 2012, Defendants Freeburg Community Consolidated School District No. 70, Clarence Haege and Lawrence Meggs produced certain transcribed audio recordings of closed session board meeting minutes requested by Plaintiff, dated 2007 to the present, together with Fifth and Sixth Supplemental Privilege Logs. The Court has reviewed the documents in camera and hereby ORDERS the following:

NATURE OF BATES NO. PRIVILEGE ASSERTED BY RULING THE RECORD DEFENDANTS School Board FSD 4738- Family Education Rights & Privacy Act These Closed Session 4792 (FERPA), 20 U.S.C. §1232(g) / ISSRA documents shall Verbatim (Illinois School Student Record Act) be produced Recording, May 105 ILCS 10/1 et seq.- Subject to prior subject to the 19, 2008 order of Court which denied privilege Court's

Protective

Appears to be inadvertent discussion Order dated prior to closed session beginning; October 27, 2010, and the however, contains privileged Courts prior information as there are names of rulings dated individuals, including probable student August 1, 2012 name/family name that could lead to and August 3, identity of student. FSD 4739 lines 13, 2012 15, 16, 18, 21, and 22 See Docs. 25, FSD 4741 line 5 -- 4745. Discussion of 44, 47 how to handle a particular student during graduation due to student's disability

FSD 4777. Referencing parent name and student name

FSD 4778 line 20-23 -- student identified by name

FSD 4780 line 19 -- identifies student by first name

FSD 4781 lines 5-6, 12, 16-21. -- identifies students by name

FSD 4783 line 19 -- identifies student by name

Federal Deliberative Process -- Subject to prior order of Court which denied privilege - retirement of staff member - FSD 4740 -- 4741 line 4

-Employment/compensation/performance of teachers re: learning lab -- FSD 4741 line 5 -- 4771 line 13

Employment -- facilitator position --

FSD 4748 line 18 -- 4763 line 17

School Board FSD 4793- Attorney-Client Privilege -- FSD 4794- These Closed Session 4818 4818. On-going litigation matter documents shall Verbatim discussed, as well as advice relative to a not be produced Recording, FOIA request. Attorney present for as they are February 23, 2009 duration of closed session meeting protected by the Attorney-Client privilege

School Board FSD Attorney-Client Privilege -- FSD 4820 -- 4906. These Closed Session 4819- Discussion of allegations against Dr. Hawkins. documents Verbatim 4906 Attorney present for duration of closed session shall not be Recording, April meeting produced as 16, 2009 they are protected by the Attorney-Client privilege

School Board FSD Federal Deliberative Process - employment These Closed Session 4907- matters -- search for new superintendent -- FSD documents Verbatim 4938 4908 -- 4918, line 5; shall be Recording, April produced 27, 2009 - employment matters -- search for new tech subject to person, FSD 4918 line 5 -- 4928 line 7. the Court's

Protective

Order dated Attorney-client/pending litigation matter -- October 27, discussion of information provided by attorney re: 2010, and potential settlement of matter-- FSD 4933 line 2 the Courts prior rulings dated August 1, 2012 and August 3, 2012

See Docs. 25, 44, 47

School Board FSD Attorney-client privilege -- Discussion of death of FSD 4940 Closed Session 4939- Dr. Hawkins and continuing investigation by through Verbatim 5009 police/state's attorney's office discussed -- FSD 4950, line 6 Recording, May 4940 -- 4949. Attorney present for this portion of shall not be 3, 2009 closed session meeting produced as they are Federal Deliberative Process - Subject to prior protected by order of Court which denied privilege the Attorney-Personnel matter -- appointing interim Client superintendent -- FSD 4950 line 7 -- 4956 line 24; privilege FSD 4980 line 7 -- 4981 line 7;

All other

Personnel matter -- search for future documents superintendent -- FSD 5000 line 5 -- 5001 line 18 shall be produced Personnel matter -- discussion of who will address subject to students' and teachers' concerns and reactions to the Court's death of Dr. Hawkins and who will report death of prior rulings superintendent to students and district employees dated and information to be provided; FSD 4962 line 11 August 1, -- 4972 line 16; FSD 4975; FSD 4981 line 8 -- 2012 and 5000 line 15; FSD 5001 line 19 -- 5003, line 5 August 3, 2012

FERPA/ISSRA - Subject to prior order of Court which denied privilege - Identity of student or See Docs. former student prohibited --FSD 4940 line 24 44, 47

Personal/Private Information -- Cell phone number of employee/board member -- FSD 4998 line 21

- Board member cell phone number- FSD 4999, line 2

School Board FSD Federal Deliberative Process - Subject to prior These Closed Session 5010- order of Court which denied privilege documents Verbatim 5055 - Personnel matter -- recommendation for hiring shall be Recording, May of tech person. FSD 5011 line 2 -- 5020 line 22 produced 13, 2009 subject to

- Personnel matter -- social worker needs/overlap the Court's with other duties and responsibilities/and other prior rulings staffing needs for next school year. FSD 5020 dated August 1, line 23 -- 5050 line 19 2012 and August 3, HIPPA & Personal Privacy Issues -- Subject to 2012 prior order of Court which denied privilege Discussion of medical condition of husband of See Docs. district employee -- FSD 5029 line 19 -- 5030 44, 47 line 1

School Board FSD Federal Deliberative Process - Subject to prior These Closed Session 5056- order of Court which denied privilege documents Verbatim 5103 - Letter of resignation of employee. FSD 5060 shall be Recording, June line 7 -- 5060 line 2 produced 22, 2009 subject to (Part I) - Retirement letters from two employees effective the Court's the end of 2011-12 school year discussed -- FSD prior rulings 5061 line 1 -- 5061 line 14 dated August 1, 2012 and - Maternity leave of two individuals discussed, August 3, including expected return dates for both 2012 employees FSD 5061 line 15 -- 5062 line 7; FSD 5062 lines 22-23

See Docs.

- District's need for social worker discussed and 44, 47 possibility of staffing via contract rather than employing part-time person-- FSD 5062 lines 9 -- 21

- Application for head Girl's Basketball coach discussed. -- FSD 5062 line 24 -- 5063 line 11

- Staffing needs for upcoming school year discussed including recommendations for employment of four certificated personnel based on enrollment projections and staffing needs. FSD 5063 line 12 -- 5091 line 12

- Recommendations for reemployment of various teacher assistants discussed. FSD 5091 line 13 -5098 line 8

School Board FSD Federal Deliberative Process - Subject to prior These Closed Session 5104- order of Court which denied privilege documents Verbatim 5157 shall be Recording, June - Discussion of non-certified salary discussed produced 22, 2009 (Part II) and proposed non-certified salary increases. FSD subject to 5105 line 2 -- FSD 5113 line 24 the Court's prior rulings

- Discussion of salary increases for certain dated administrators discussed. FSD 5114 - 5151 line 24 August 1, 2012 and August 3, 2012.

See Docs. 44, 47

School Board FSD Federal Deliberative Process - Subject to prior These Closed Session 5316- order of Court which denied privilege documents Verbatim 5376 shall be Recording, July - Discussion of property that district would bid produced 27, 2009 on at public auction. FSD 5322 line 19 -- 5355 subject to (Minutes from this session line 12 the Court's prior rulings incorrectly dated identify date as - Discussion re: matter involving memorial August 1, June 22, 2009) service for Dr. Hawkins and complaints relative to 2012 and same and how to handle same FSD 5355 line 13 August 3, -- 5370 line 18 2012

- Review of closed session minutes. FSD 5370 See Docs.

line 19 -- 5371 line 1 44, 47

School Board FSD Federal Deliberative Process - Subject to prior FSD 5166, Closed Session 5158- order of Court which denied privilege line 16 Verbatim 5191 through Recording, - Discussion relative to signing Special Education 5168 and August 24, 2009 Plan over union's concern in doing so without FSD 5180, providing grievance procedure if Plan is violated. lines 13 FSD 5159 -- 5165 line 13 through 20 shall not be produced as

- Discussion of pending real estate sale/purchase they are - Pending real estate matter re: taxes to be protected by considered in sale FSD 5165 line 15--5166 line 7 the Attorney- - Citizen complaint re: hiring of new Client superintendent and perceived dragging of feet by privilege board in superintendent search. FSD 5180 line 21 -- 5186 line 24 All other documents

Attorney-client privilege: shall be - Update on pending litigation matters -- FSD produced 5166 line 16 -- 5168 line 19 subject to the Court's prior rulings - Update on pending litigation/potential litigation dated matters re: Dr. Hawkins-- FSD 5170 line 15 August 1, 2012 and

- Update on pending litigation matters -- FSD August 3, 5177 lines 18, 23-24; FSD 5178 lines 1-2, 20; 2012 FSD 5179 lines 2-5; FSD 5180 lines 13-20 See Docs. FERPA/ISSRA - Subject to prior order of Court 44, 47 which denied privilege

- Discussion of litigation matter that discusses family name and student name. FSD 5177 line 18 -- 5180 line 21

- Discussion of name of former students and family name of former students -- FSD 5169 -- 5177

School Board FSD Federal Deliberative Process - Subject to prior FSD 5237, Closed Session 5192- order of Court which denied privilege lines 19 and Verbatim 5249 20; FSD Recording, - Direction in terms of search for new 5238, lines November 23, 14 through 2009 superintendent. FSD 5193 -- 5236 line 10 23; and FSD 5239, lines 5 Attorney-client privilege through 8 - Discussion of FOIA request made by Belleville shall not be News-Democrat related to Dr. Hawkins and the produced as school district's attorney's advice relative to same they are FSD 5237 lines 19-20; FSD 5238 lines 14-23; protected by FSD 5239 lines 5-8 the

Attorney-Client privilege

All other documents shall be produced subject to the Court's prior rulings dated August 1, 2012 and August 3, 2012

See Docs. 44, 47

School Board FSD Federal Deliberative Process - Subject to prior These Closed Session 5250- order of Court which denied privilege documents Verbatim 5315 - Retirement letters from employees -- shall be Recording, May FSD 5251 line 7 -- 5252 line 10 produced 24, 2010 - Rehire certain staff - FSD 5252 lines 11-15 subject to the Court's

- Approval of principal contract - FSD 5252 line prior rulings 15 -- 5263 line 2 dated August 1, 2012 and

- Discussion of proposed non-certified pay August 3, increases - FSD 5263 line 3 -- 5266 line 5; FSD 2012 5290 line 3 -- 5294 line 8

See Docs.

- Staffing needs for school nurse - FSD 5266 line 44, 47. 6 -- 5289

- Discussion of injury to employee while at work - FSD 5290 lines 1-2 (redact name) ; FSD 5294 line 9 -- 5295 line 12 (redact name)

- Employee discipline matter; investigation re: charges - FSD 5295 line 13 -- 5302 line 21.

- Employee discipline matter and

Attorney-client privileged -- potential litigation matter where employee injured at work FSD 5302 line 22 -- 5306 line 14

- Maternity leave -- FSD 5306 line 15 -- 5307 line 1 - real estate matter -- quit claim deed -- FSD 5307 line 2 -- 5308 line 22

Privacy Issues:

- Discussion re: mental health issues related to teacher -- FSD 5302 line 22 -- 5306 line 14. - FSD 5266, lines 11-13

HIPAA -- discussion re: employee injured at work, discussing type of injury. FSD 5290 lines 1-2; FSD 5294 line 9 -- 5295 line 12 School Board FSD Federal Deliberative Process -- Subject to prior These Closed Session 5399- order of Court which denied privilege documents Verbatim 5439 - Teacher's request for leave of absence -- FSD shall be Minutes, June 28, 5412 line 9 -- 5416 line 15. produced 2010 subject to

- Discussion of hiring possibilities for the Court's replacement for teacher requesting leave of prior rulings absence -- FSD 5414 line 12 -5416 line 15. dated August 1, 2012 and

- Letter of retirement received from employee, August 3, potential replacement, and pay to retiring teacher 2012 for training replacement on part-time basis after retirement -- FSD 5416 line 16 -- 5431 line 17 See Docs. 44, 47

- Salary increases for non-certified staff and discussion of upcoming collective bargaining with certified staff -- FSD 5431 line 18 -- 5434 line 18

HIPAA/PRIVACY ISSUES -Subject to prior order of Court which denied privilege

- Discussion of medical condition of husband of teacher requesting leave of absence-- FSD 5412 line 11

Family Education Rights & Privacy Act (FERPA), 20 U.S.C. §1232(g) -- - identification of former student at FSD 5402, lines 4, 5, 6, and 9.

Illinois School Student Records Act, 105 ILCS 10/2 --- Same privileges as claimed in FERPA, immediately above.

Based upon the foregoing, Defendants are hereby ORDERED to produce the documents consistent with this Order no later than May 11, 2012.

IT IS SO ORDERED.

20120430

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.