Just when it seems that the embattled Grayslake District 46 school board can’t take another hit, the attorney for hired then fired business manager Edward Towle confirmed to Patch that a lawsuit for breach of contract had been filed on May 18.
“Yes we have filed a complaint with the United States District Court. I’m not sure of how long the processing of the paperwork will take,” said Towle's attorney Robert Shumaker.
Towle was hired by D46 in April 2010. Before his start date, Superintendent Ellen Correll received an e-mail which led her to determine that Towle had been placed on administrative leave since February 2009 by his former employer, the Brown Deer school district in Wisconsin.
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Towle had not disclosed any issues with Brown Deer during the interviewing process and his former employer had provided a positive recommendation of his performance to Correll, she said.
Prior to ending the contract with Towle, Correll encouraged him to resign the position.
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“I recommended he take the opportunity to resign because you do that rather than see anyone ruin their career or future job opportunities,” said Correll.
In an April 16, 2010 e-mail to Towle, Correll said:
“Here is what I fear for you, and this is about you at this point. I truly feel that I followed the rules when interviewing and checking references. In the future, I will do both a Google and a site visit for any administrative candidate. That is what I learned. However, my fear is that your name will be blasted all of the newspaper, preventing you from ever getting a job in Illinois. There are many districts that don't handle things like this. I would suggest that you do tell future employers about this issue. It does not help to start out working relationships like this.”
As Correll predicted, Towle has been unable to find another position as a business manager. The complaint cites Correll’s desire to avoid negative publicity as the basis for her suggestion.
The lawsuit is seeking restitution of lost salary and benefits as well as damages resulting from his inability to find other employment.
On April 9, 2010, Correll notified Towle of the newly discovered information. He met with D46 administration and a hearing was held before the board. Towle’s contract was rescinded on May 19, 2010.
The involuntary leave was instated after Brown Deer Superintendent Deb Kerr discovered district accounts had been overdrawn by about a half-million dollars, the Milwaukee Journal Sentinel has reported.
Kerr later recommended Towle's dismissal, but never held a hearing and the school board never voted to terminate Towle's contract, according to the newspaper. In addition to receiving 17 months of pay for not working, Towle was also awarded $9,000 in unemployment benefits prior to being hired by D46.
When asked about the lawsuit Tuesday, Correll said, “We have not received anything. Not a summons or any paperwork. My understanding is that the lawsuit was filed last Wednesday so I’m not sure why nothing has appeared. Until I see something in writing I can’t really comment."
Correll said much time has elapsed between Towle leaving and today.
“It has been about a year so I didn’t expect anything,” said Correll. "However, he has a lawsuit pending with Brown Deer and I heard possibly in another district too."
The lawsuit spells out Towle’s attempts to rectify the situation with D46, including setting up a meeting to discuss the matter further and offers to assist the district address issues they have encountered due to not having an experienced business manager the past year.
The Breach of Contract complaint states:
“…unless the parties are able to reach an agreement to resolve this matter, Mr. Towle respectfully requests a judgment of the Court awarding him his damages, any recoverable costs and attorney fees incurred in this action and such other relief as the Court may determine to be just and equitable.”
http://206.18.146.25/rfcViewFile/11cv3351.pdf
“I would love to talk to you about the situation, but my attorney wants me to be cautious,” said Towle.
David Tylavsky of Crystal Lake, the business manager hired to replace Towle resigned from the position in March 2011 for unknown reasons. In a previous interview with Patch, Correll implied that inexperience as a business manager played a role in Tylavsky’s departure. A LinkedIn profile for Tylavsky still lists D46 as his current employer.
