Hinsdale D86 Board Clears Member, Finding No Violation

HINSDALE, IL – A Hinsdale High School District 86 board member this week got the unanimous backing of her colleagues in response to a complaint.

The complaint alleged member Asma Akhras violated the board's policy by taking notes while listening to a recording of a 2023 closed session. During a board meeting earlier this year, she said she took five pages of notes from the recording.

The board took a vote to ratify its earlier written decision, finding no policy violation. With its action, the board also cleared Deb Kedrowski, the district's administrative chief of staff, who was also named in the complaint.

The board's policy allows members to listen to recordings at the district office in the presence of Kedrowski or a designated administrator. The policy bars members from taking audio of the recording.

In fall 2021, the board's policy committee considered prohibiting note-taking of closed session recordings. But minutes indicate the proposal did not go to the full board.

At some point, though, the district started giving a "confidentiality acknowledgment" for members to sign before listening to recordings. It was given to Akhras in this instance.

In the acknowledgment, a board member agrees to the statement, "(A)s a precaution to protect the security of Closed Sessions, it is not allowed for me to bring any recording devices or note-taking devices with me when I review the recordings or minutes of Closed Sessions."

It is believed that the acknowledgment form may have come about with the administration's "administrative procedures," which are intended to carry out board policies. Unlike the board's policies, the procedures are not online.

Before his vote, Jeff Waters, the board's senior member, said the note-taking provision was "ushered in inappropriately" in fall 2021.

"It is overreaching to be kind, much further than what the (school board association) and the Illinois state code calls for," Waters said. "It is impairing, obstructionist and hinders a board member's ability to do the good work that they were elected to perform."

Waters said he took accountability for allowing the provision to be on the books for years.

"It was brought in the fall of 2021 to disable board members' ability to do their job," he said. "It should be off the books, and I look forward to it being so hopefully soon."

Last month, the attorney general's office received a complaint that the board took final action on the allegation against Akhras behind closed doors. In Illinois, public bodies' actions must be taken in the open.

A week ago, the attorney general informed the district that it intended to investigate.

During public comments at this week's meeting, Burr Ridge resident Yvonne Mayer noted the earlier decision.

"What the board is doing tonight is to self-correct an Open Meetings Act violation," she said. "You will probably not acknowledge that before you make a motion and quickly ratify the illegal decision."