Dupage Policy Journal

Community Unit School District 99 Superintendent Hank Thiele is being investigated for a complaint alleging violation of the Open Meetings Act during the district's Dec. 13 school board meeting.

DuPage State’s Attorney Bob Berlin’s office alerted Thiele of the investigation.

“As you may be aware, the Open Meetings Act provides that a local State's Attorney may file suit to enforce the requirements of the Open Meetings Act. Having received the enclosed complaint, the DuPage County State's Attorney's Office has determined that further inquiry into the protocol's compliance with the Open Meetings Act is required,” Conor P. McCarthy, assistant State’s Attorney, Civil Bureau, said in a letter to Thiele.

After a raucous Nov. 15 board meeting, the board decided to move the Dec. 13 meeting to a smaller room, forcing many participants to attend the meeting through Zoom.

Parents have complained this action was a violation of the Open Meetings Act.

D99 parent Terry Newsome said Thiele blamed manufactured “security concerns” to have the meeting moved to the smaller space.

“We are very grateful they are opening this investigation,” Newsome told DuPage Policy Journal. “We feel that — the state’s attorney will as well — it is definitely violating the Open Meetings Act and it seems out of retaliation as a punishment against parents for speaking out. There is no valid reason. There is no security risk, There is nothing on file with the police department. We did a FOIA. So that is not of concern.”  

Newsome said Thiele acted on his own best interest.

“Hank on his own, falsely alleged that due to security concerns and his desire to use less resources he personally made the decision to move our meeting to the old administrative building,” Newsome said. “Our last meeting had over 200 interested community members willing to express their opinions, regardless of what side of the fence they were on. So, last night Hank decided to only allow 10% participation from the last meeting. Only 20 guests were allowed to be crammed into the small facility.”

D99 has recently been embroiled in controversy over allowing what some parents are deeming "pornographic" books in the school's library.

Thiele angered protesting parents when he said a graphic novel including illustrated sex scenes “does not fall under the legal definition of pornography.”

Read the announcement from Berlin’s office below:

Dr. Thiele,

The Dupage County State's Attorney's Office is in receipt of a complaint regarding the proposed District 99 Board of Education Meeting Protocols published earlier this week and available on the District 99 website at: https://www.csd99.o r s. / boe/ board-of-ed u cation-meeti ls-sta rtine mber-13- 2021?f bclid=lwAR1 DHW4ImKxNLV aUL eTovOiCpnt8cEBBEV ReZfbZ-RQTxaDJu ZFW97toM4 As you may be aware, the Open Meetings Act provides that a local State's Attorney may file suit to enforce the requirements of the Open Meetings Act. Having received the enclose complaint, the DuPage County State's Attorney's Office has determined that further inquiry into the protocol's compliance with the Open Meetings Act is required. This office has opened a file on this matter and will be sending you additional inquiries with regards to the above referenced protocols and the Board's rules. As an initial inquiry, please provide me, as soon as possible, with the formal, written enactment of these new rules and protocols by the District 99 School Board, specifically including the public meeting, agenda, minutes, and if possible the verbatim recording of the open meeting wherein the School Board enacted these protocols/rules. lf you contend that these rules, specifically those governing public comment and attendance at meetings, did not require board action at a public meeting, please provide documentation and information which you contend supports that position. lf our Office determines that these rules were properly enacted in accordance with the Open Meetings Act, we have additional inquires regarding the propriety of specific aspects of the above referenced rules.

As the DuPage County State's Attorney shares concurrent jurisdiction over these matters with the Office of the Public Access Counselor, it is the policy of the DuPage County State's Attorney's Office to forward complaints which we have received and determined require further inquiry to the Office of the Public Access Counselor. To the extent that the Public Access Counselor conducts an inquiry into this matter, the DuPage County State's Attorney's Office will proceed as it deems appropriate with its independent investigation.

The DuPage County State's Attorney's Office appreciates your anticipated cooperation in this matter. 


Conor P. McCarthy

Assistant State’s Attorney Civil Bureau