Daleanes v. Board of Education of Benjamin Elementary School District 25

457 N.E.2d 1382, 120 Ill. App. 3d 505, 75 Ill. Dec. 823, 1983 Ill. App. LEXIS 2635
CourtAppellate Court of Illinois
DecidedDecember 27, 1983
Docket82-1019
StatusPublished
Cited by17 cases

This text of 457 N.E.2d 1382 (Daleanes v. Board of Education of Benjamin Elementary School District 25) 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
Daleanes v. Board of Education of Benjamin Elementary School District 25, 457 N.E.2d 1382, 120 Ill. App. 3d 505, 75 Ill. Dec. 823, 1983 Ill. App. LEXIS 2635 (Ill. Ct. App. 1983).

Opinion

JUSTICE LINDBERG

delivered the opinion of the court:

Plaintiff, Thomas Daleanes, a school superintendent for defendant Board of Education of Benjamin Elementary School District 25 (hereinafter the board), appeals the summary judgment of the circuit court of Du Page County against his action in which he claimed that he was improperly dismissed from his employment by the board. Because we view the board’s conduct to constitute a valid nonrenewal of Daleanes’ contract, we affirm.

In February 1981, Daleanes was employed under contract as the superintendent of schools by the board. At its regularly scheduled meeting on February 16, 1981, the board unanimously passed a resolution that contained the following declarations:

“Section 1: That this Board of Education hereby determines that Thomas Daleanes shall not be reemployed as superintendent of this School District for the next ensuing school term, and accordingly that the present contract of employment of Thomas Daleanes shall terminate at the close of the present school term.
Section 2: That the President and Secretary of the Board of Education are hereby authorized and directed to give Thomas Daleanes notice of this Board’s decision not to re-employ said superintendent for the next ensuing school term which shall be substantially in the form of Exhibit 1 attached hereto and made a part hereof.
Section 3: That the President and Secretary of this Board of Education are hereby authorized and directed to give Thomas Daleanes a specific Bill of Particulars in connection with the non-renewal of his contract and Mr. Daleanes may request a closed-session hearing within 10 days after receipt of such notice.
Section 4: This resolution shall be in full force and effect from and after its adoption.”

The Board, by its president and secretary, subsequently served Daleanes with a letter dated February 16, 1981, stating the following:

“You are hereby notified that the Board of Education of Benjamin School District No. 25, DuPage County, Illinois, have decided it will not re-employ you as superintendent of this School District for the ensuing school term, and your contract of employment will therefore terminate at the close of the present school term.
The specific reasons for the non-renewal of your contract are set out in the attached Exhibit A. Within 10 days you may request a closed-session hearing on this dismissal at which time you have the privilege of presenting evidence, witnesses and defenses on the grounds for dismissal.”

Simultaneously with the letter, Daleanes received a four-page document entitled “Bill of Particulars,” also dated February 16, 1981, and setting forth 30 reasons for Daleanes’ dismissal. At its next regular meeting on March 16, 1981, the board approved its official minutes of the February 16 meeting. Those minutes contained the quoted resolution and letter, but did not include the bill of particulars.

Daleanes formally requested a closed-session hearing on the subject of his nonrenewal on February 24, 1981. The board subsequently announced that it would hold a special closed meeting on March 6, 1981, with “Consideration of Employment of a Superintendent” as the sole agendum. The closed-session hearing on Daleanes’ nonrenewal was held on April 7 and 15 and May 1, 1981. On May 11, 1981, the board by resolution affirmed its determination not to renew Daleanes’ contract. Although it did strike 13 of the causes enumerated in the bill of particulars, the board’s affirmation was based upon the proof of the remaining 17 enumerated causes.

This action was initiated by Daleanes on May 8, 1981, with a complaint which sought declaratory and injunctive relief and which was amended to seek contract damages, all in redress for the board’s allegedly invalid decision not to renew his contract. The procedural history of this action in the trial court has been long and complex and need not be detailed here. Daleanes notes, however, that the dispute over his employment has also given rise to a separate action in the United States District Court for the Northern District of Illinois (No. 82 C 214) and an interlocutory appeal from the present action (No. 81 — 757), which this court dismissed for lack of jurisdiction. Neither the Federal court action nor the previous appeal to this court is relevant to the issues raised in this appeal. On November 22, 1982, the trial court granted summary judgment in the board’s favor, from which Daleanes brings this timely appeal.

We first address a contention by Daleanes that the trial court erred in permitting the board to file a response to his notice to admit facts after the deadline for such response provided in Supreme Court Rule 216 (73 Ill. 2d R. 216). Although the notice had been filed on January 29, 1982, the board did not seek leave to respond until after Daleanes’ April 13, 1982, motion for judgment on the pleadings, which relied upon the requested admissions. The trial court first denied the board leave to respond, but, upon the board’s motion to reconsider, leave was granted. Rule 216(c) provides that requested admissions are admitted unless response is given within 28 days. 73 Ill. 2d R. 216(c).

Although some courts have declined to relieve a tardy litigant from being bound by his failure to respond within the 28-day period (see City of Champaign v. Roseman (1958), 15 Ill. 2d 363; Banks v. United Insurance Co. of America (1975), 28 Ill. App. 3d 60, 328 N.E.2d 167; Crum v. Golf Oil Corp. (1973), 12 Ill. App. 3d 988, 299 N.E.2d 820), a court may in its discretion permit a tardy response to a request to admit. (Bluestein v. Upjohn Co. (1981), 102 Ill. App. 3d 672, 430 N.E.2d 580; Redmond v. Central Community Hospital (1978), 65 Ill. App. 3d 669, 382 N.E.2d 95.) The Redmond court suggested that permitting the filing of a late response is permissible where the failure to respond in time is the result of circumstances beyond the control of the litigant. (65 Ill. App. 3d 669, 678, 382 N.E.2d 95, 102.) More generally, the Supreme Court Rules empower a trial court to extend any time limit created by the rules “for good cause shown.” 73 Ill. 2d R. 183.

The board’s excuse in this case was that it was in the process of changing attorneys. Daleanes sent his request to admit to the board’s then-attorneys, Leonard Seraphin and E. Allan Kovar, on January 29, 1982. According to the board’s present attorneys, Scariano, Kula & Associates, they examined the court file during the first week of February 1982, immediately after they were asked by the board to handle this case, and found no request to admit because of an alleged gap in the time between the official filing of the document and its appearanee in the court files.

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Bluebook (online)
457 N.E.2d 1382, 120 Ill. App. 3d 505, 75 Ill. Dec. 823, 1983 Ill. App. LEXIS 2635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daleanes-v-board-of-education-of-benjamin-elementary-school-district-25-illappct-1983.