The former director of buildings and grounds for East Aurora School District, dismissed from his post in October, has sued the school board, seeking compensation for what he perceives as wrongful termination.
In the two-count suit, filed in Kane County this month, Alexander Di Mare alleges the board breached his contract and violated his due process rights.
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Di Mare’s contract was subject to termination for “good cause,” and the suit argues that none was given. The suit also claims that Di Mare’s continued employment was constitutionally protected under the due process clause of the 14th Amendment to the U.S. Constitution.
The complaint names the Board of Education of East Aurora School District 131 and board members Annette Johnson, Alex Arroyo, Kirsten Strand, Richard Leonard, Ken Darby, Kimberly Hatchett and John Laesch, individually. De Mare’s attorney, Leslie Bleifuss, declined to comment.
Johnson, the board president, said on Monday that she wasn’t aware of the suit, let alone her role as a defendant.
“I am not aware of any lawsuit that has been filed,” Johnson said. “Our lawyer takes care of that.”
Board member John Laesch said he felt it was in the district’s best interest if he refrained from commenting. Other board members did not return emails seeking comment.
The board’s lawyer, Bernie Weiler, said he had not yet seen a copy.
A case management conference before Judge Edward Schreiber has been set for Jan. 19.
Di Mare first contracted with the district as director of buildings and grounds from July 1, 2015, to June 30, 2016, the lawsuit states. According to the lawsuit, Assistant Superintendent of Finance Christi Tyler evaluated Di Mare’s performance as “excellent.”
The district renewed Di Mare’s contract for July 1, 2016, to June 30, 2017. However, he was placed on paid leave in September and dismissed in October.
The district has a written policy stating that employees who are employed annually or have a contract may be dismissed mid-year or mid-contract when “appropriate due process procedures are provided.”
On Sept. 22, a letter from Interim Superintendent Mark McDonald notified Di Mare the district was placing him on administrative leave with pay pending further investigation, according to the lawsuit. The notice followed a meeting regarding concerns with his performance including the bidding process for flooring projects at Oak Park, Beaupre, Rollins and Bardwell elementary schools; condition of school grounds on the first day of school at Cowherd Middle School; and an elevator concern at Cowherd Middle School, according to the lawsuit.
After a closed session discussion during its Oct. 3 meeting, the School Board voted unanimously to terminate the contracts of Di Mare and five other employees, including two custodians, according to meeting minutes.
“The district breached its contract with Mr. Di Mare by terminating (his) employment without providing appropriate due process procedures as required by district policy,” the suit alleges.
On Monday, Weiler said the board provided what was legally required.
“There is no hearing process guaranteed to him under his contract,” Weiler said. “In public employment, he is entitled to be told what the problems are and given an opportunity to respond and that opportunity had been given to him.”
The opportunity came in the form of the Sept. 22 management meeting, Weiler said.
“There were matters concerning his performance and those were discussed with him,” Weiler said. “We believe it was in the district’s interest to terminate his employment and that there was cause.”
The board followed proper process of law in deciding to dismiss Di Mare, based on the advice of the district’s lawyer, Johnson said.
When the district is considering ending an employment contract, administrators go to the board with a recommendation and state their case, Johnson said. The board votes on what to do next.
The lawsuit claims that because of Di Mare’s dismissal, he has suffered damages, including the loss of salary and benefits for the time remaining on his contract and a larger retirement pension. He is seeking lost wages and benefits, damages and attorney’s fees.
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