The saga of Mary Davis continues...

and she ain't taken no prisoners. 

I remember back in the day when Mary Davis was sitting to the right hand of Ken Hinton. From my vantage point, they appeared to have a good working relationship and he handled her with respect. Even though she didn't name Hinton in the suit referenced below, reading about how she is now saying she was discriminated against while under his watch would be laughable, if it wasn't so sad.

click to enlarge

This suit has been brought with Davis knowing that Peoria being the special place that it is - she just might win this thing. After all, precedent has been set on claims of reverse discrimination against District 150.

The McArdle defense fails Mary Davis

It’s ironic that Mary Davis would attempt to use the actions (or inactions) of Julie McArdle as part of her defense. McArdle claimed that Davis and District 150 retaliated against her and violated her First Amendment rights when they tried to prevent her from speaking out about Davis’ taking money from the school. Quite a turn of events to now see Davis attempting to hang her defense on McArdle not speaking out in a timely manner.

Judge allows theft charges against D150 principal to stand

An area judge threw out a request by a former District 150 principal to dismiss charges alleging she stole money from the school district.

Peoria County Circuit Judge Timothy Lucas shot down arguments by Mary C. Davis that indictments handed down last year were barred by the statute of limitations and failed to pass muster for other legal technicalities.

Davis, 52, of Dunlap was charged in April 2010 with 16 felony counts of official misconduct and theft. The counts allege that while principal at Charles Lindbergh Middle School she took money several times between 2005 and 2007.

Davis' attorney contended at a hearing in September that prosecutors didn't file charges in time. At the crux of Davis' argument was that her successor at Lindbergh, Julie McArdle, waited too long to tell authorities, thus barring any prosecution.

But Assistant State's Attorney Seth Uphoff, at a hearing in September, assailed that notion, saying McArdle had no such legal duty to report to police and, regardless, charges were filed within a year of notification. That, the prosecutor said, satisfied any statute of limitations requirement.

Lucas agreed, writing in a two-page order Wednesday that McArdle was not a department or division head and had not been delegated such authority.

Davis is set for trial in January. Source

"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 trial pushed back to January

If everything is so cut and dry, why the extra time to prepare?

Mary C. Davis, 51, of Dunlap was to stand trial on 16 felony counts of official misconduct and theft on Nov. 15. But the two sides told a judge Monday during an unscheduled hearing they needed more time to gather evidence and develop their cases.

The trial is now set for Jan. 10, 2011. Davis remains free on bond pending her trial. She is accused of taking money several times between 2005 and 2007 while principal at Charles Lindbergh Middle School.

The official misconduct charges all allege Davis "knowingly performed an act which she knows was forbidden by law," theft of government property. The theft charges carry a range of one to three years or three to seven years behind bars, depending on whether the amount was more than $300. Source

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.

Mary Davis charged with 8 counts of theft

Does the fact that Mary Davis was charged with 8 counts of theft mean that Julie McArdle was wrongfully fired?

PEORIA — A former District 150 principal allegedly stole $4,000 from her employer over three years, the county’s top prosecutor alleged Friday.

Mary C. Davis, principal at Charles Lindbergh Middle School for five years before moving into central administration in 2008 to head up all the district’s principals, was charged Friday with 16 felony counts of official misconduct and theft.

The eight theft charges specify dates when Davis allegedly took money. The actual amount taken each time wasn’t in the charges, only the statutory threshold of being more or less than $300.

“Among the charges, the counts include a $475 personal acquisition of a Mont Blanc pen and checks written to the defendant for cash well beyond the claims and ‘receipts’ she used to support the claim,” said Peoria County State’s Attorney Kevin Lyons.

When reached Friday, Davis said she had no knowledge of the charges.

The 51-year-old Dunlap resident is accused of taking money from the district four times in 2006, and twice each in 2005 and 2007. The official misconduct charges all allege she “knowingly performed an act which she knows was forbidden by law,” that act being theft of government property.

If convicted, she faces up to seven years in prison. Davis was ordered to appear in court on May 19.

Source

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.