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FOIA Request Shows Schapiro Forced To Resign

Documents allege "fraud," "conspiracy" by previous library board.

 

Former Library Director Ben Schapiro was forced to resign in July, according to documents obtained by Patch through a Freedom of Information Act request. The papers also shed light on the circumstances surrounding Schapiro’s resignation and allegations of “fraud” and “conspiracy” leveled against Schapiro and former board members by current library board members.

Patch obtained a copy of the separation agreement signed by Schapiro and current Board President Mark Albers. (Click on the PDF icon on the right to read the full document.) Patch also received a copy of the letter Albers sent to the Cook County State's Attorney's office asking the office to look into allegations of violations of the Open Meeting Act by the previous board. The office ruled last month that the board did indeed violate the act. The Morton Grove Library supplied the documents to Patch in response to the Freedom of Information Act request.

Read more: Patch's complete coverage of the library board dispute.

Schapiro pushed to resign, both parties agree to silence

Schapiro's separation agreement indicates he didn’t have much of a choice in the matter.

He apparently would have been fired if he hadn't stepped down.

He signed the document on July 21,  “in lieu of the board’s involuntary termination of Schapiro’s employment,” according to the agreement.

The agreement stipulates the publishing of a press release, mutually agreed upon by all parties, announcing Schapiro’s resignation. However, the press release could not  “discuss the terms of this settlement agreement or the fact that Schapiro accepted consideration for his resignation.” Schapiro received severance pay and benefits through the end of August, according to the document.

The separation agreement orders Schapiro and board members to not “make any negative or disparaging statements or comments about any of the circumstances or events that gave rise to this agreement.”

The agreement prohibits Schapiro from bringing legal claims of wrongful termination or breach of contract against the board or library.

He also waived the right to “recover any money in connection with any charge or investigation filed by himself or any other individual or by the Equal Employment Opportunity Commission or any other federal, state or local agency.”

Allegations of ‘Fraud, conspiracy and official misconduct

Last week, Patch published an article about a State’s Attorney’s investigation into alleged misconduct by the previous library board. The office stated that 11 of 19 executive sessions the board held violated the Open Meeting Act. The case was referred to the office's public integrity unit to determine if the violations were intentional and thus criminal.

Information detailing these allegations is included in the documents Patch received this week.

Library Board Treasurer and Trustee Catherine Peters compiled a report for the State’s Attorney’s office indicating that the alleged erasing of executive session tapes and failure to keep minutes was “not due to ignorance of the law, but to intentional flaunting of it.”

Albers wrote in a letter to the State’s Attorney’s office that, “In reviewing the actions of the immediate past library board in executive sessions of October and November of 2010, we have uncovered evidence of what we believe could be fraud, conspiracy and official misconduct along with other lesser infractions of law.”

In its response, the State's Attorney's office makes no mention of the larger claims except to say that the case was being referred to the public integrity unit. It also recommended that the board receive Open Meeting Act training materials.

In an interview with Patch last week, former board member and secretary Dan Hoffman said there was no smoking gun to find in the former board's actions.

“I have no explanation for why the tapes weren't there,” Hoffman said, adding that he was under the impression that “all of our executive session meetings were taped. ... Whether [the recorder] records or not isn’t known until after the meeting is over."

Check back with Patch soon for a follow-up story about these allegations.

Stay up to date on the latest news and discussions by liking Morton Grove Patch's Facebook page.

Related Topics: Cook County State's Attorney, Morton Grove Library Board, and Open Meeting Act

Renée Miller

6:28 am on Friday, September 2, 2011

Maybe the States Attorney needs to look into violations of the open meetings act of the new board who seem to pass things at one meeting and then come back and rescind and re-pass the same items after they have discussed them outside the board room i.e. contract for the new web page.

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Pat Craig

11:04 am on Friday, September 2, 2011

The truth does not set you free it makes people angry. They believe what they want regardless of fact; do what they want because it is what THEY want; refuse to admit the possibility that they have made a mistake and are aggressively disdainful of those who do not see things as they do.

Such is the case with the dethroned trustees of the library board and their supporters. Instead of realizing that the majority of citizens engaged enough to participate voted them out of office by a wide margin as a repudiation of where they were taking the library; instead of acknowledging that mistakes were made that quite possibly crossed the lines of legality; instead of accepting responsibilty and any subsequent consequences of their actions; they spin, deflect, make excuses and try to paint themselves as victims.

The really sad thing is that blinded by ego or hubris they continue to contend that the rest of the parade is marching in the wrong direction. Their attitude seems to be that the poor, misguided citizen's just can't grasp the elite group's ulitmate "rightness"... and that any means used was, and is, quite acceptable if it moves their agenda forward.

It is unfortunate that in taking the actions they did, believing that THEY knew best, they have besmirched not only their own reputations but that of a fine library whose employees and patrons deserved better. It would be well for ALL elected officials to remember that they are public SERVANTS, not public MASTERS.

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Pat Craig

7:02 pm on Friday, September 2, 2011

Laura, bottom line is you lost. The voters rejected you. They did not want what you were selling.

I AM working on the assumption that there is a smoking gun since I took the time to listen to the tapes and FOIA the documentation. Perhaps if you had done your job while on the board the new board would not have to clean up the mess that you and your cohorts left behind.

I have not called names, I have expressed opinions and as a public figure you are fair game. If you can't stand the heat, stay out of the kitchen.

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Pat Craig

7:26 pm on Friday, September 2, 2011

First off I need to correct your characterization of the group I lead. It concerns itself with preparedness and old-time skills, (you know like canning and growing a square-foot garden and being ready in an emergency like the Federal government says we should). Secondly, Mr. Albers is a member, (although he hasn't attended any meetings yet) and, if you would like to learn how to do some useful skills you would be welcome to join also.
Thirdly, regarding your cheap shot about library resources, if you had paid attention while on the board, you would know that not-for-profit or community groups are allowed to use library meeting rooms if they are available. You should know that as the "Friends of the Library" group you were so close to made use of the self-same resources.

Is that the best you have Laura? Lame innuendos?

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Tony Kovacs

9:51 pm on Friday, September 2, 2011

Laura and Pat-now play nice kids!

Laura, Pat's outside interests have nothing to do with his critiques of the library. Shades of McCarthyism. I think the problem is that the old Board and Director were so convinced of the merits of their case they ignored public opinion.

Pat, Let's face it-your group is like old guys playing Cowboys and Indians. I'll bet our "enemies" are scared to death. Not. The BPAC won and the PROPAC lost- Move on with the new vision.

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Pat Craig

1:45 am on Saturday, September 3, 2011

Tony I'm not quite sure of what you mean by the "cowboys and Indians" reference. Willing to listen though.

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Renée Miller

7:20 am on Saturday, September 3, 2011

Difficult to dialog with deaf ears and closed minds.

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Pat Craig

8:24 am on Saturday, September 3, 2011

Unproductive to dialog with those who have made a Faustian bargain.

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Dan Goldberg

8:55 am on Saturday, September 3, 2011

News stories, board/staff resignations and released meeting recordings have generated a lot of passionate input about the library since the spring election. From my viewpoint - the old board who lost - never stopped the election. Comes a time when you have to admit losing and let the new people get to work. Good to monitor those elected - but far too many comments here were taunting and seemingly politically motivated. State and County officials have reviewed past actions, found some fault and chosen not to pursue other issues; exonerating the MGPL as an institution for reporting potential infractions as they continue investigating potentially more serious matters. I would like to hear the findings directly from officials investigating the issues raised in the Bugle and Patch. Let's see how the new board moves forward and what the excellent staff tells us about how this institution is operating under new management. Tony is right, let the new group move on with their vision. We can honestly evaluate them after providing time and a fair chance to succeed - for the community - without a constant array of criticism based on partisan motivation. Also, everyone should research these issues thoroughly for themselves, especially before commenting. If the board doesn't fulfill their promises, then we'll have many opportunities to ask them why - but first, I think they deserve an honest chance to achieve their goals.

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