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August 10, 2022

School District abdicates all of its powers and duties to Superintendent –

By John Kraft & Kirk Allen

On March 2, 2022

Macomb, IL. (ECWd) –

Last night we learned the Macomb Community Unit School District #185 has suspended all of the Board of Education’s policies, regulations, rules, or any other authority currently granted to the Board governing all school operations and has “transferred” and delegated all of those powers to the Superintendent.

Read the Resolution (HERE).

The board lacks the statutory power even remotely resembling what they have done, it is almost as if this board has said “Do what you want, we will approve it at the next meeting“,

This has been going on for some time during the pandemic and always “expires” at their next meeting, where they promptly approve another one.

This, in our opinion, is an illegal abdication of the board’s powers, responsibilities, and duties under Illinois law, and an illegal assumption of those powers and duties by the superintendent.

See Board of Education v Cahokia District Council No. 58, which states, when referring to abdicating contracting issues to the union (and could be applied to all statutory duties of a school board):

  • It has been held that school boards have the power to enter into collective bargaining agreements. (Chicago Division, Illinois Education Association v. Board of Education (1966), 76 Ill.App.2d 456222 N.E.2d 243.) It has also been held, and uniformly so, that a school board may not contract to delegate or surrender a duty conferred upon it by statute or to surrender discretion granted it by statute.
  • These functions must be exercised by the school board, which cannot abdicate its responsibility by referring these matters to such devices as arbitration (Cook County College Teachers UnionLockport AreaJohnson), specified evaluation procedures (Illinois Education Association v. Board of EducationWesclin), and other contract solutions (Weary).
  • It removes from the board, and therefore from public control, a significant element of discretion in selecting its maintenance personnel.

Yet, this appears to be precisely what this school board has been doing.

If this school board is unable or unwilling to govern itself in accordance with established state laws, they should simply resign en masse and allow those willing to do the job to take their places.

 

 

 

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9 Comments
  • Darrel W Bruck Jr
    Posted at 09:30h, 02 March

    Wow! Parents should take legal action

  • Kathiann
    Posted at 09:33h, 02 March

    I totally concur with your conclusion. Just quit…if they do not want to do the job. This is a major disservice to the people who elected them. They are cowards.

  • Dave
    Posted at 10:35h, 02 March

    An attack on our representative democracy. The US Constitution mandates the states will have a constitutional republican govt

  • David Simerset
    Posted at 10:43h, 02 March

    Federalist 47

    “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

    James Madison

  • Dave
    Posted at 10:58h, 02 March

    So much for the separation of powers. The voters never elected the Superintendent, this is an act of tyranny

  • Taxpayer2
    Posted at 14:29h, 02 March

    Wow…this sounds similar to what we had seen in our district. A “super” show.

  • Golden Country
    Posted at 18:49h, 02 March

    ECW would find it very interesting to see how the school board superintendent acted during Covid. He needs to be held accountable.

  • bbb a.I. iz eeeeeeeeevill
    Posted at 02:17h, 03 March

    ABOVE COMMENTS ARE SPOT ON.SUE THEM ALL FOR EVERYTHING.#1))Detailed foia requests of detailed monies given to board members and schools,especially fromcdc or other antihuman,lying agencies attacking the kids.Other schools caught in pay to play scheme with cdc wherein they will accept large BAGS OF MOOLAH IN EXCHANGE FOR ILLEGAL FORCED MASKWEARING WHICH:(1)inhibits proper air exchange;(2)forced hapless kids into rebreathing THEIR OWN BACTERIA/fungi/GERMS,(3)INTERFERES WITH PROPER COMMUNICATION AND SOCIALIZING,(4)CREATES MASKNE WHICH IS A MITE WHICH GETS OUT OF CONTROL DUE TO EXTENDED AND REPEATED WEARING OF MASKS,(5)EXACERBATES AND CREATES DENTAL DISEASE AND BACTERIAL PNEUMONIA,(6)EXPOSES MASKWEARERS TO NANOTHREADS/WORMS AND LIVE TRACKING DEVICES.DEVICES ARE EMBEDDED IN SIDES OF MASKS.THIS WAS DETAILED ONLINE MONTHS AGO!!!Never had any legit scientific study proven efficacy in reducing transmission of viral vectors through mask wearing.Basic high school virology.
    Your children have made some people pretty rich.I would NEVER SUBJECT MY KIDS TO THIS FOR ONE DAY.BOARD IS IN BREACH OF CONTRACT,VERBAL AND OTHERWISE.DIG DEEPER,AS THEY ARE PROBABLY TRAITORS AND PUPPETS OF AN ENEMY.FOLLOW YHE MONEY AND ASSOCIATIONS.CORRYDIGS.COM CAN HELP.

  • Cal Scigalski
    Posted at 11:47h, 08 March

    The high school environment especially breeds the cult of personality in high placed and high paid administrators. No oversight creates the potential for egregious behavior.

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