Board of Education, Proviso Township High School District No. 209 v. Jackson

927 N.E.2d 206, 401 Ill. App. 3d 24, 339 Ill. Dec. 665, 2010 Ill. App. LEXIS 274
CourtAppellate Court of Illinois
DecidedMarch 31, 2010
Docket1-09-0629 Rel
StatusPublished
Cited by10 cases

This text of 927 N.E.2d 206 (Board of Education, Proviso Township High School District No. 209 v. Jackson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education, Proviso Township High School District No. 209 v. Jackson, 927 N.E.2d 206, 401 Ill. App. 3d 24, 339 Ill. Dec. 665, 2010 Ill. App. LEXIS 274 (Ill. Ct. App. 2010).

Opinion

JUSTICE PATTI

delivered the opinion of the court:

NATURE OF THE CASE AND THE PROCEEDINGS BELOW

Plaintiff, the Board of Education for the Proviso Township High School District No. 209 (the Board), filed a declaratory judgment action in the circuit court of Cook County, seeking to have its fourth amendment to its superintendent’s contract declared null and void because it violated the Illinois School Code (the Code) (105 ILCS 5/10 — 1 et seq. (West 2004)). The circuit court held that the Board complied with the relevant provisions of the Code and that defendant, Gregory Jackson, was entitled to compensation pursuant to the amended contract. The Board appeals the judgment of the circuit court, arguing: (1) the fourth amendment is unenforceable because it failed to enumerate goals with which to measure the superintendent’s performance as required by section 10 — 23.8 of the Code; (2) defendant failed to meet the previous performance goals established by the Board prior to the fourth amendment, and thus the amendment extending defendant’s contract is void; (3) the circuit court’s finding that the fourth amendment was valid and enforceable disregards the legislative intent of section 10 — 23.8 of the Code; and (4) the terms of the fourth amendment improperly bind future boards and is therefore against public policy. For the reasons that follow, we affirm the judgment of the circuit court.

BACKGROUND

The Board is the duly constituted and elected governing body of the Proviso Township High School District that consists of seven board members elected from time to time in consolidated elections pursuant to the Illinois Election Code (10 ILCS 5/1 — 1 et seq. (West 2004)). On July 17, 2000, the Board entered into a “Superintendent Agreement” (the Agreement) with defendant. Pursuant to the Agreement, defendant was hired and retained to serve as the school superintendent and chief executive officer of District 209 for a three-year term beginning on July 1, 2000, and lasting through June 30, 2003. Paragraph 3 of the Agreement, entitled “Student Performance and Academic Improvement,” references section 10 — 23.8 of the Code and provides:

“Annually, the Superintendent, with the assistance of his administrative team, shall: (1) evaluate student performance, which shall include but not be limited to: student performance on standardized tests such as performance on the Illinois standardized tests, completion of the curriculum, attendance and drop-out rates; (2) review the curriculum and instructional services; and (3) report to the BOARD as to his findings as to (a) student performance and (b) recommendations, if any, for curriculum or instructional changes as a result of his evaluation of student performance.
The presentation of the report shall constitute the achievement of the goals and indicators of student performance and academic improvement as required by 105 ILCS 5/10 — 23.8 of the Illinois School Code.”

Thereafter, on June 18, 2001, the Board voted to adopt an amendment to the Agreement extending the term of defendant’s contract from its original date to July 1, 2005. Subsequently, on August 18, 2003, the Board and defendant entered into a second amendment to the Agreement, which provided for additional compensation and an extension of defendant’s contract to and including June 30, 2007. The increased compensation and the term extension were, however, conditioned upon the passing of a tax referendum and the opening of a magnet school. Paragraph 6 of the second amendment provided, in pertinent part:

“It is understood and agreed by the Board and Superintendent that this is a performance based contract linked to student performance and academic improvement within the schools of the School District and all of the performance and improvement goals contained in the Superintendent’s Agreement and First Amendment have been met and satisfied. *** The provision contained in Paragraph 3 of the Superintendent’s Agreement regarding student performance and academic improvement are hereby ratified and confirmed and included in this Second Amendment.”

On December 15, 2003, the Board revisited defendant’s contract and asked defendant to present it with indications of his performance for purposes of evaluating him. At trial, the Board members testified, and plaintiff concedes on appeal, that the presentation made by defendant was “elaborate.” Following the presentation, the Board and defendant entered into the third amendment to the Agreement, which removed the tax referendum passage contingency and contained the following language:

“It is understood and agreed by the Board and Superintendent that this is a performance based contract linked to student performance and academic improvement within the schools of the School District and all of the performance and improvement goals contained in the Superintendent’s Agreement and First Amendment and Second Amendment have been met and satisfied. *** The provision contained in Paragraph 3 of the Superintendent’s Agreement regarding student performance and academic improvement are hereby ratified and confirmed and included in this Third Amendment.”

The third amendment, however, did not serve to extend the term of defendant’s employment.

On November 15, 2004, the Board met again to consider a fourth amendment to the Agreement. Defendant gave another presentation to the Board outlining his achievements as well as his progress in meeting the goals specified in the Agreement and the third amendment. On November 18, 2004, after hearing defendant’s presentation, the Board voted four to three to approve the fourth amendment to defendant’s contract, which served to extend defendant’s term as superintendent to June 30, 2009. The fourth amendment contained the same paragraph as the previous amendments and it stated that all of the goals contained in the first, second and third amendments had been met and satisfied. Moreover, the provisions regarding student performance and academic improvement in paragraph 3 of the Agreement were ratified, confirmed and included in the fourth amendment. The fourth amendment also contained a list of goals, which were attached to the amendment as exhibit A. The Board’s procedure in entering into the fourth amendment was consistent with the procedure followed in passing the previous three amendments to the Agreement, except that the previous three amendments were passed by a unanimous vote of the Board.

Ultimately, in July 2005, the Board voted to nullify the fourth amendment to the Agreement and terminated defendant. The Board then filed a declaratory judgment action seeking a judicial finding that the fourth amendment was void and unenforceable because the Agreement did not contain adequate performance and improvement goals as required by section 10 — 23.8 of the Code (105 ILCS 5/10 — 23.8 (West 2004)), and thus the fourth amendment, which simply reincorporated the goals outlined in the original Agreement, was null and void. The Board subsequently filed an amended complaint in which it asserted an additional basis for the invalidity of the fourth amendment.

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Bluebook (online)
927 N.E.2d 206, 401 Ill. App. 3d 24, 339 Ill. Dec. 665, 2010 Ill. App. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-proviso-township-high-school-district-no-209-v-illappct-2010.