Lawsuit against mask mandate expected to cost Wethersfield $20K
KEWANEE — The Wethersfield School Board tackled two tough issues at its December meeting — how legal fees incurred from a class-action lawsuit joined by a group of District 230 parents opposed to state mask mandates should be paid for, and whether to accept the only bid for a window replacement project and proceed, or wait and see if the economy cools off and prices go down next year.
Superintendent Shane Kazubowski said he was aware of lawsuits being filed by Greenville attorney Thomas DeVore opposing the state's mask mandate in public schools, but was not aware that local parents had joined the suit until he received a call from a Star Courier reporter. DeVore is filing lawsuits against the governor, state school superintendent, the Illinois Department of Publc Health and, as of the last count, 145 school districts, including Wethersfield District 230. Kazubowski said he contacted the school's legal counsel and was told that it will cost an estimated $20,000 to defend the district in the suit.
In considering the tax levy before passage, the board had to decide where the money would come from. The superintendent put two options before the board on how best to plan for the unanticipated expense before approving the December 2021 tax levy. Option 1 would be to pass the levy as is which would mean any legal fees would come out of the education fund but would keep the overall tax rate at $4.53. Option 2 would mean raising the rate in the on-demand tort fund to generate $20,000 which would be available to cover legal expenses. That option would result in a 3-to-3.5-cent adjustment in the tax rate and cost the owner of a $120,000 home an additional $14 in the next tax cycle. After discussion, the board voted unanimously to approve the levy as presented, not raise the tax rate, and short the education fund whatever was needed for legal defense.
The board members faced another tough decision when they learned that only one bid had been received for a window replacement project planned for the elementary building next summer which was $85,000 over estimate. Valley Construction of Rock Island, was the lone bidder at $395,000, over the architect's $309,000 figure, with 24 letters sent to prospective bidders. Kazubowski said Chris Roginsky, manager of the building division at Valley, told him materials are hard to come by and with prices going up and labor shortages, the building market is tight right now, hence the higher bid. Board members debated whether it would be better to "bite the bullet" and go ahead with the bid in hand, or wait a year and gamble on whether construction costs would be higher or lower next fall with hopes of possibly getting more bids. Time is a factor, however.
The project is being paid for with ESSER (Elementary and Secondary School Emergency Relief) funds from the American Rescue Plan and Life Safety bonds and the district's two ESSER grants must be spent by 2023 and 2024. After discussing the pros and cons, the board voted 5-2 in favor of proceeding with the over-estimate bid rather than take a chance on prices coming down by the fall of 2022. Board members Trafton Hodge, Steve Newman, Allyson Schiltz and Paula Baker voted for the motion. Board members Amber Troxell and Angela Ryan voted "no." Troxell voted via Zoom. Mr. Kazubowski said some of the difference between the estimate and the bid could be covered by ESSER funds the district will receive as their portion of a grant received by the Henry-Stark Counties Special Education District. Wethersfield will receive $61,000 and Kazubowski recommended spending a portion of it on a second Suburban. He said the district's two vans and one Suburban now in use are on the road daily transporting students to special ed classes at other schools and the current Suburban logs up to 180 miles a day. He said that would leave about $20,000 of the $61,000 which could be applied to the window project thereby bringing the cost a little closer to the estimate.
This article originally appeared on Star Courier: Lawsuit against governor's mask mandate could cost Wethersfield $20K
