Open Illinois.org

Liberty Leader Scott O’Connell sent us a copy of this letter below, which is from a gentleman who sued to obtain access to the Wheaton School District 200 superintendent’s salary. This should highlight and provide yet another reason why transparency is so important in school districts – and all levels of government — including salary information.

From Scott: Mark Stern requested the superintendent’s contract in Wheaton School District 200. The district denied him and he took them to court. In spite of losing at every level and a request from the AG, the district appealed all the way to Illinois Supreme Court and lost. I have copied his letter below. You can probably google Wheaton 200 or Gary Catalani contract for more. The Supreme Court website would also probably have a judge’s opinion.

The Contract – At Last!
On May 21, almost three and a half years after I submitted my initial
Freedom of Information Act request to District 200, the Illinois Supreme
Court unanimously ruled in my favor and ordered District 200 to disclose
the employment contract of former superintendent Dr. Gary Catalani. The
Court stated: “We hold that an employment contract is not the kind of
record the General Assembly intended to keep from public view and does
not fall within the exemption for personnel files in section 7(1)(b) of
the Act. The superintendent’s contract must be disclosed.” I want to
thank my attorneys, Shawn Collins and Rob Dawidiuk of The Collins Law
Firm PC, for their tireless efforts in a case that has set a precedent
for openness in government statewide.

District 200 taxpayers should hold board members Andrew Johnson,
Rosemary Swanson, Barbara Intihar, Ken Knicker, Marie Slater, JoAnn
Coghill and John Bomher personally responsible for wasting over $62,000
of taxpayer money on District legal fees in their fight to keep this
information secret from you, the taxpayer, who is paying for it. The
Board refused to disclose the contract to the public even after (1) a
copy was given to the Daily Herald newspaper, (2) a Chicago Tribune
reporter was allowed to read a copy; (3) Attorney General Lisa Madigan
sent the District TWO (2) letters telling them to disclose it, and (4)
the Illinois Appellate Court ruled unanimously that it must be
disclosed. They chose to fight all the way to the Illinois Supreme
Court. They also tried to pick and choose who among the public could
see it, based on who they liked and didn’t like. That is unAmerican.

What were they hiding? The contract is now in the public domain, and a
copy is available on the Download Files page (SUPERINTENDENT CONTRACT).
Here are some highlights of the fringe benefits Catalani received, with
references to the contract sections in which they appear:

* GUARANTEED 20% ANNUAL RAISES REGARDLESS OF
PERFORMANCE. Once he gives notice of retirement, he is guaranteed 20%
annual raises for the last three years of employment. There is no
requirement that he meet any performance goals. (22)

* MORE THAN FIVE WEEKS OF PAID VACATION A YEAR. 28
paid vacation days a year (First Addendum, B(2)) – that’s five weeks and
three days. He can accumulate them without limit, can cash in up to 12
days a year (25 days in 2002-3, First Addendum, A), and gets paid in
full for whatever he has accumulated, even if fired. (12)

* OVER A YEAR OF PAID SICK DAYS. When he was hired
in 1999 the Board gave him a “bank” of 185 paid sick days – a full
school year! He then gets 18 more paid sick days every year that
accumulate without limit. On retirement, he gets paid for the 185 sick
days he was given – roughly 10 months’ additional salary. (11)

* NO INSURANCE PREMIUMS, DEDUCTIBLES OR COPAYS. The
District pays all of the “employee” share of retirement contributions,
insurance premiums, and Medicare taxes. (6) The District pays 100% of
his deductibles and co-payments.

* INSURANCE THROUGH 2021 FOR HIM AND FAMILY. The
District pays 100% of insurance costs, deductibles and co-payments for
him and his family, including children until they’re 26 or become
employed. This continues after retirement until he’s 71 – in 2021. He
has a new job, and we’re still paying his benefits! (13; First
Addendum, B(3))

* GENEROUS SEVERANCE. He can’t be fired for failing
to meet performance goals (20(D)). If he were terminated “without
cause” for failure to meet performance goals, he’d get 2 years salary,
plus full benefits for him and his family until he is eligible for
Medicare (in the year 2015). (20(E))

* FULL DISABILITY. Full pay for 90 days following
disability, then a District-paid disability policy for 70% of full
salary to age 65. If he is injured on the job, he gets workers
compensation in addition to the disability payments. (15)

* NOTHING ABOUT HUBBLE. This was never about Hubble
Middle School. The Board guaranteed this generous compensation package
without regard to achieving any performance targets whatsoever.