Argo High Lawyer Contradicts Client's Message On Official

SUMMIT, IL – Argo Community High School's statements about the superintendent's leave are conflicting.

Last month, then-board President Don Kozal announced in a public message that the board put Superintendent William Toulios on paid leave.

"The Board of Education makes this decision in light of the growing demands for an independent investigation into purchases made by Dr. Toulios, which include the use of a School District credit card," Kozal said.

Under the state's Open Meetings Act, the board can make no decision outside an advertised, open meeting. Because of that, Patch filed a complaint with the attorney general's office, which decided to look into the matter.

In a response last week to the attorney general, the board's attorney, James Petrungaro, said Kozal, not the board, made the decision. Suggestions to the contrary, he said, were "unfounded."

He referred to a passage in a Patch story: "(I)t was unclear when the board made its decision, indicating it may have violated the state's open meetings law."

Petrungaro, who works for the Chicago-based Franczek law firm, said the district raises "serious concerns regarding the integrity of publishing such an unfounded statement, especially considering the fact that (Patch) only sought clarification on this issue less than an hour before publication." (A month later, the district still has not responded to Patch about the issue.)

The attorney said Kozal messaged board members one at a time.

By the lawyer's account, a few days after Kozal's announcement, one of the board's seven members, Luz Rangel Raymond, messaged the board president an image of the Desplaines Valley News' cover page, with the headline, "Toulios out as Argo superintendent."

After sending the picture, Raymond referred to Kozal's statement, saying, "The board makes this decision..." She used quotation marks around the words as if implying a misstatement, Petrungaro said.

Raymond highlighted to Kozal that the story stated that the board made the decision when, in fact, it did not, Petrungaro said.

"We will tonight," Raymond said.

She was referring to the meeting six days after Toulios' initial suspension. At the later session, board members voted to put Toulios on leave.

Under the board's policies, the president holds no power to affect the employment status of the superintendent or any other employee. Petrungaro, however, said that's not an issue for the attorney general to consider.

In his response, Petrungaro said Kozal wanted to hold a special meeting on Toulios' leave. Instead, the lawyer said, Kozal made the decision because of a growing public outcry about Toulios' spending and the upcoming Easter holiday in which at least two board members would be traveling.

Toulios' credit card spending was not a new issue. In January, Patch had written about it, including a mysterious expenditure called "sextpanthe."

The Open Meetings Act includes no exceptions to its provisions for upcoming holidays or increased public scrutiny.

Kozal remains on the board, but the board voted for Jennifer Grenier as the new president after April's board election. Kozal could not be reached for immediate comment Tuesday.

The Franczek law firm, where Petrungaro works, was the longtime attorney for the neighboring Lyons Township High School's board. The board there ousted the firm nearly two years ago, later blaming it for 10 months of violations of the Open Meetings Act.

The Lyons Township High board closed the doors repeatedly to discuss a plan to sell land near houses and an elementary school to an industrial developer. Members were told that Willow Springs would rise up against the idea.

When the plan surfaced publicly, the expected outcry happened. The board backed down months later.