"rare to find a whistleblower that is above reproach"

Julie McArdle case against District 150 thrown out.

Julie McArdle has GOT to be exhausted. It is not easy bringing a case like hers and there is no doubt that emotionally she and her family must be drained (plus they got those darn legal fees to pay). I had heard consistently that Julie did not "blow the whistle" until they made the decision to terminate her. After hearing all the evidence, Judge Mihm confirms that fact.

The Ken Hinton and Thomas Broderick allegations fell flat, but Mary Davis is still on the hook for the activity fund improprieties. Rumor on the blog is that Mary Davis is allegedly suing District 150 for racial discrimination. I can't see what the basis for that suit would be, sounds frivolous considering Davis seemed to have had a fairly progressive career at the District.

Do taxpayers have the right to want the District to try and recoup all the money they lost on this case from McArdle? What do you think? From pjstar...

Former Lindbergh principal's lawsuit thrown out
Julie McCardle can't sue over firing on whistle-blower basis, federal judge rules
A federal judge this week has thrown out a two-year-old lawsuit brought by the former principal of Lindbergh Middle School, saying District 150 didn't violate her Constitutional rights when they fired her in April 2009.

At issue was whether the act of Julie McArdle, a first-year principal at Lindbergh - blowing the whistle on a former administrator who is now criminally charged with taking money - considered protected speech under the First Amendment.

Senior U.S. District Judge Michael Mihm said no, that McArdle was acting in her capacity as a principal when she learned of alleged misuse of money by her predecessor Mary Davis.

It matters because established federal precedent holds "a public employee is not speaking as a private citizen for First Amendment purposes when the employee makes statements pursuant to their official duties."

In his 15-page order handed down Tuesday, Mihm wrote reviewing accounts and spending at a school is the job of a principal and thus, the speech wasn't protected. Additionally, McArdle reported the allegations only after she was notified that her contract would be terminated a year early.


In her suit, McArdle claims the district retaliated against her and tried to prevent her from telling others about the theft allegations.

Her attorney, Richard Steagall of Peoria, disagreed with the order and indicated his client would likely appeal.

"It's our position that theft of public funds is always an issue of public concern and as such, speech should always be protected," he said, adding McArdle had discovered discrepancies in October 2008 but didn't know what she had until she approached him after being informed of the district's desire to fire her.

Peter Jennetten, the district's attorney, said he was pleased with the decision. Claims against former superintendent Ken Hinton and former human resources director Thomas Broderick were dropped by McArdle after deposed testimony from both made it clear they didn't believe her when she came to them with the allegations, Steagall said.

District 150 School Board President Debbie Wolfmeyer said she was "happy the judge looked at the facts in the case and found that the district handled the situation correctly - and glad that justice fell in favor of the school district."

Former School Board member Mary Spangler also praised the ruling and the decision to fire McArdle, noting the district was closing two primary schools at the time and there were "extra" principals, "We didn't know anything about any of that stuff, until afterwards."

The "stuff" Spangler referred to was the allegations Davis took money several times between 2005 and 2007 while principal at Charles Lindbergh Middle School. Davis, 52, of Dunlap has since been indicted on 16 felony counts of official misconduct and theft.

Her case is set for trial later this summer. She faces up to five years in prison if convicted.

While Lindbergh's principal, Davis allegedly made credit card purchases, many not appearing to be school-related, on a Sam's Club Discover credit card carrying Lindbergh school's name. Among other allegations is a $4,002.05 payment transferred from the school's activity fund to the Discover card used by Davis.

Mary Davis honored with bench? UPDATED

... the plaque has been removed (October 4, 2010).

Today, a commenter claiming to be Julie McArdle's husband, posted on Peoria Chronicle that Mary Davis has been honored with a bench at Lindbergh School.

The post:
"A bench was permanently installed near the front entrance of Lindbergh Middle School on Friday Oct 1st 2010. There is a nameplate attached to the bench that reads, “Simply the Best, Ms. Davis”.

As Julie McArdle’s husband, I am disappointed that given the circumstances, “the powers that be” would allow this to happen."

In October of 2009, Mary Davis, who had been on paid leave since September from her position as District 150 academic officer, was fired with a BOE vote of 5-0. Board members David Gorenz and Jim Stowell were not present for the vote. The BOE vote came four days after Davis, pleaded not guilty to 16 felony counts of official misconduct and theft. While principal at Charles Lindbergh Middle School, Davis is alleged to have taken money from the school two times in 2005, four times in 2006 and two times in 2007.

Davis served as Lindbergh principal five years before becoming District 150 academic officer in 2008.

Questions have been raised as to who authorized the bench to be installed on school grounds. After a quick review of the Lindbergh website, the only reference I could find to a bench is an April, 2010 notation in the PTO minutes under New Business:

NEW BUSINESS - Class gift/letter-MELANIE GRAY
For the 8th grade class gift, a suggestion was to collect money for landscaping and possibly a bench. Melanie and Bill Gray are purchasing a decorative rock and paying for the engraving for the Class of 2010.

Was the purchase and installation of the bench simply an 8th grade class wanting to commemorate a Principal for whom they had fond memories? Hopefully the Police line tape will be removed before the children return to school on Monday.

Hat tip to Sharon Crews for the photos.

Who is really running our schools...

and what do they care about your child receiving equality in education?

In my opinion, before change can begin to happen within District 150, the Lathan Administration and Board of Education must take a realistic look at the individual culture of each school and find out who is actually running our schools.

As we know from the Lindbergh Middle School fiasco, PTO's and parent groups can be very influential on a Principal. At Lindbergh, it appears that as long as the Principal's core group of supporters were happy, the Principal felt empowered to proceed down a certain path that was not in the best interest of all students or the District. The Davis/McCardle situation is now costing the District tens of thousands (maybe even hundreds of thousands) of dollars.

The voices that are heard in the administration of our individual schools have a say in the programs the school seek out, equipment, placement of children, dress code, etc... Unfortunately, all parents don't have the wherewithal to have input in these decisions that go to the day to day education of their children. It's not necessarily because they don't want to, it's because many don't know that they can have a say. Parents simply are not being empowered to take part in the decisions that directly impact their children's futures.

Oftentimes, important information may be given out in booster or PTO meetings that are attended by a small core group of parents and/or teachers - they could be running the school. Or, there may be a group of volunteers in the school, a church group, for example, that provides the school with a large range of services and funding - they could be running the school. It could be the parent in the school with the powerful spouse, who is from a prominent family - that person could be running the school. It is alleged that at Glen Oak, a volunteer school secretary was running the school. Or, if you look at the "kickin it video" of the Trewyn students - some may say the students are running the school.

The District has had enough clues from both North and South of War Memorial that the District's Principals may be professionally and/or ethically challenged. It is time for the District to take a close look at the Principals and Administrators who are charged to work in the best interest of ALL students. Don't let church groups, PTO's, boosters, school secretaries, powerful parents, neighborhood groups, or even students run our schools.

Principals must take back the power that they have been entrusted with and recommit to do their best to insure that all children have access to equality in education, not just the children whose parents or supporters have your ear.

What to expect when blood is in the water...

As concerned citizens continue to question the findings of the auditors report for Lindbergh Middle School, the talk on local blogs is to call in the State’s Attorney, the FBI, the State Police and/or maybe even United States Attorney, Patrick Fitzgerald. If these agencies have been notified and there is cause, we should be seeing some kind of injunction filed against District 150 soon, right? And if we don't see any kind of intervention from an outside agency?

My two cents on whistleblowing

It is reported that Peoria District 150 Board of Education has voted to release Julie McArdle, who is the first year principal at Lindbergh Middle School, from her contract. Ms. McArdle has in return accused the District of firing her because she had informed them of financial discrepancies that were allegedly perpetrated by the former principal of Lindbergh, Mary Davis. Ms. Davis currently works as an Academic Officer for District 150.

As District 150 embarks upon an extensive reorganization that will require massive cuts, it is important that all of their employees and administrators feel comfortable coming forward with discrepancies and cost cutting ideas. Who knows better about what's really going on in schools than the teachers and principles in daily attendance. We need for educators to not be afraid that they will be harassed, punished, or fired for having the courage to speak up when they see conduct that is contrary to what is good for the children.

When a person elects to take the route that Ms. McArdle has taken, the emotional toll is great. Not just to her, but to her family and subsequently this Community. Whistleblowers are generally seen as brave, the person who is willing to take a stand against the system. It is unfortunate that Ms. McArdle’s practices have also been called into question by commenters on local blogs, but that is par for the course. Whistleblowing is never really cut and dry as the whistleblower is always expected to be above reproach. Having said that, the whistleblower that is above reproach, is said to be rare...

Is this just a knee-jerk reaction on District 150’s behalf? Instead of addressing the problems that Ms. McArdle raised, they decided it would be easier to fire her and risk her going public, even if it meant colluding unlawfully? Really? I’m still trying to get my mind around that one.

The allegation of violating the rights of a whistleblower is right up there with going along with discrimination - wrong. The nuances of both are extensively intricate. The documentation will tell the true story.