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Proviso Probe

Sunday, October 01, 2006

ETHICS, Proviso Insider makes dubious allegations [D209]

Proviso Insider has made allegations against District 209 board members Charles Flowers and Theresa Kelly which are almost assuredly untrue.

The first allegation is that Flowers and Kelly are being investigated by the State's Attorney and may be indicted for leaking "confidential board documents and closed session materials" to me (Carl Nyberg).
Cook County States Attorney officials confirm to the Proviso Insider that an investigation has been on-going regarding Proviso Towship High Schools, District 209, Board of Education members Charles A. Flowers and Theresa L. Kelly. According to Insider sources, Flowers and Kelly are being investigated in connection with leaks of confidential board documents and closed session materials to the publisher of the Proviso Probe blog site, provisoprobe.blogspot.com, Carl Nyberg. According to sources, the States Attorney has received numerous complaints about confidential information leaking out from the District 209 Board. This information compromises the integrity of the Board of Education and the professional reputations of those involved. States Attorney officials confirm that indictments may result from these actions.

Sounds ominous, right? Only, even if the allegations are true there's nothing illegal about the conduct.

From page 28 of Illinois Attorney General Guide to the Open Meetings Act (pdf):
Disclosure of Matters Discussed in Closed Meetings: A public body cannot sanction one of its members for disclosing information or issues discussed in a closed meeting. 1991 Ill. Att'y Gen. Op. 1. The Attorney General noted that the possibility of such sanctions "would only serve as an obstacle to the effective enforcement of the Act, and a shield behind which opponents of open government could hide."

In affirming dismissal of a count alleging that a public body had violated the Act by making disclosures to the public concerning information given in a closed meeting, the Appellate Court noted that "there is nothing in the Act that provides a cause of action against a public body for disclosing information from a closed meeting." Swanson v. Board of Police Commissioners, 197 Ill. App. 3d 592, 609 (Second Dist. 1990).

These observations and holdings don not, of course, indicate that members of a public body should not deal carefully with confidential information that may be brought before the body in the course of a closed meeting.

So, Proviso Insider's source State's Attorney's office would seem to be grossly ignorant of the law. Or Proviso Insider is lying.

In the same entry Proviso Insider makes other allegations against Kelly:

The States Attorney also confirms that it is also looking into the handling of a
Proviso East Alumni Wall of Fame account by board member Theresa L. Kelly. In 2004, Theresa Kelly was responsible for collecting fees to an alumni dinner that occurred in September of that year. However, she has p rovided no reports on how much money was raised from the event or how the money was spent.

According to Kelly the account for the fund was opened by former business manager Sarah Johnson-Millon. The bank statements get sent to the high school.

Board president Chris Welch righteously told Kelly to "show us the money" at the last board meeting. If District 209 has all the bank statements, records of deposits and cancelled checks, why doesn't Welch put business manager Nikita Johnson on the case? If she's the business manager and she has the records, why not have her do an audit?

Maybe because Welch would rather tar Kelly with allegations than account for money that probably isn't missing in the first place.

Remember, at the board meeting Welch was screaming, "Show us the money!" he also accused board member Flowers of keeping a District 209 computer when he left the employment of Proviso Township High Schools in 1999. Flowers now claims to have a letter saying the computer in question was returned in 1999. The bad information apparently came from slipshod recordkeeping.

[UPDATE1: Proviso Insider says I should expect a subpoena.
If you [Carl Nyberg] have not received them already, you should be receiving subpoenas very soon.

[I guess I'm gonna find out soon if Proviso Insider should change his name to "Proviso Bullshitter".]

[UPDATE2: Kelly claims she has obtained copies of the documents pertaining to the Wall of Fame fund from District 209. So any questions Welch or Fields had pertaining the fund could have been answered by checking the records.

[Is Flowers or Kelly going to sue Welch, Fields or Proviso Insider for defamation?]

posted by Carl Nyberg at 9:39 AM

37 Comments:

  • From Wikipedia:

    [In] the landmark 1960s case of New York Times v. Sullivan,... the Supreme Court of the United States modified the law of libel to be in accord with constitutional requirements. The court held that where a public figure was defamed, the plaintiff had to prove not just that an untruthful statement was made, but also that it was made with actual malice - that is, that it was made knowing it to be false or with reckless disregard for the truth.

    It would be ironic if Flowers or Kelly sued Welch for defamation and won.

    The irony is that Welch has sued for defamation three times (most recently I was the victim of a defamation suit without merit).

    By Blogger Carl Nyberg, at 10:27 AM, October 01, 2006  

  • Carl Nyberg: This entry is a dubious attempt by you to clear the names of two Proviso Board members who have done nothing but hurt themselves by opening their mouths and cheating taxpayers. If you really wanted to fully inform your readers, you would note the effect of Non-Compliance with the Open Meetings Act could be very serious. Under the Open Meetings Act, topics discussed in closed session, and covered by the statutory exceptions, are to remain confidential. Indiviuals who violate the Open Meetings Act may be tried in criminal court. Conviction is a Class C misdemeanor, which is punishable by a $500.00 fine and/or 30 days in jail. A board member convicted of such a crime can be removed from the board. See Scott v. Illinois State Police Merit Board, 222 Ill.App.3d 496, 584 N.E.2d 199, a 1991 case, if you really want to know the law.

    Also Carl, the Proviso East Alumni Wall of Fame dinner was exactly two years ago. Has Theresa Kelly, who has stated in every speech for the last two years that she is the founder of the event, given the board of education a financial report? Answer: No. Has Theresa Kelly provided the board of education any reports of the Wall of Fame? Answer: No. The only thing that is of record is Theresa Kelly telling all staff at Proviso that the Proviso East Wall of Fame has "nothing to do with the school," and that she "is the custodian of all records." My sources tell me that the State's Attorney has sworn affidavits to this effect from many Proviso administrators who were afraid to say anything because they felt Theresa Kelly was a bully.

    Also Carl, if Theresa Kelly and Charles Flowers feel they have been tarred, they should only blame themselves. Theresa Kelly is the only board member in the entire Proviso area who has spent over $30,000 of taxpayer money to travel around the country. $15,000 of that was in cash advances and she has not provided any reconciliations or receipts.

    Finally Carl, if Theresa Kelly and/or Charles Flowers have been defamed by what occurred at the board of education meeting, you should encourage them to file a suit against whoever they feel is guilty of defaming them. They certainly have that right.

    By Blogger Proviso Insider, at 12:12 PM, October 01, 2006  

  • As Stan Fields explained it, the District 209 policy is that board member travel is required to be approved by the whole board.

    Was Kelly's travel approved by the board?

    If Kelly's travel wasn't approved by the board, who authorized it? What authority did the individual have to authorized it?

    If Kelly's travel was approved by the board these attacks seem too general. It's possible Kelly misspent money on a trip that was authorized. If this is the situation then Welch should make this case as part of his allegations.

    But if Kelly asked for an expensive trip and the board approved it this reflects on the board and its leadership.

    If Bob Libka or some other D209 employee authorized Kelly to travel without proper authority then this situation should be explained as part of the story.

    If Kelly did something wrong, she did it with the support or at least passive cooperation of others.

    Welch is being misleading by omission by not explaining how these others allowed Kelly to game the system (if in fact she did game the system).

    But Welch doesn't want the taxpayers to see what kind of screw-ups he protects.

    By Blogger Carl Nyberg, at 12:31 PM, October 01, 2006  

  • BTW, PI, I'm curious. What have I written about that you believe is confidential material from the closed session of a board meeting?

    By Blogger Carl Nyberg, at 12:39 PM, October 01, 2006  

  • Proviso Insider, can you quote the Scott ruling?

    From what I read on the web Scott was a case about whether an officer has a right to a formal hearing to challenge a 3-day suspension. I didn't see any reference to improperly disclosed stuff from closed session.

    Are you sure you have the right case?

    The text from the AG's guide, which includes quoting the appellate court seems pretty clear.

    Do you have anything that contradicts the text the AG quotes from Swanson?

    By Blogger Carl Nyberg, at 12:50 PM, October 01, 2006  

  • Carl,

    After Kelly returned from a "board approved" conference/vacation, who is responsible for turning in her receipts? The board. Hell, no!Kelly is responsible. She took advantage of taxpayers money and refused to submit the require documentation to validate her conference/vacation. Talk about misuse and abuse of power. How can a board member use "proviso townships" name for a fundraiser without providing the taxpayers with the amount that was raised? WHERE IS THE MONEY?

    I was at the board meeting when Fields raised these questions to Kelly and she could not answer them. She wanted to talk about it behind closed doors. SHE WAS EXPOSED!

    Kelly took advantage of Proviso Township. That's what LIARS and CHEATS do.

    Kelly resign from 209 and take your scammin ass somewhere else!

    By Anonymous Anonymous, at 12:57 PM, October 01, 2006  

  • K.w. exposed, according to Kelly the Wall of Fame money is in the account, minus some scholarships that were given.

    Since District 209 has the records, why not just perform an audit? Why the need for allegations before an audit is conducted? Are you afraid once the audit is conducted you won't be able to make the allegations?

    What conferences did Kelly attend that she didn't submit receipts and expense reports for?

    By Blogger Carl Nyberg, at 1:16 PM, October 01, 2006  

  • Hey Carl,

    If the board approved these conferences/vacations, can you tell me which board meeting minutes showing these conferences/vacations being approved?
    Please get back to me on this? I know you attend every board meeting.

    By Anonymous Anonymous, at 1:17 PM, October 01, 2006  

  • K.w. exposed, if Kelly's travel wasn't approved by the board, who authorized the expenditure? Libka? Nikita Johnson? Sarah Johnson-Millon?

    By Blogger Carl Nyberg, at 1:20 PM, October 01, 2006  

  • I think the problem with the fundraiser is, the other board members did not know how much was raised. Once asked, Kelly could not give a figure. Did she skim off the top? Why no reports if she's on the up and up? And what is "the" account? What account? Her personal account? The school account? Which one? Why she could not answer this question?

    By Anonymous Anonymous, at 1:27 PM, October 01, 2006  

  • Carl,

    Don't know who authorized this, but is wasn't the board. I've been told that Kelly has been asked by business managers for the past six months for receipts and she has IGNORED them. Why?

    By Anonymous Anonymous, at 1:32 PM, October 01, 2006  

  • I hear that one of the reasons Kelly was such a Greg Jackson supporter was because he wined and dined her. He booked those trips for her. He even met her on most of the trips. Took her to expensive dinners on the district's credit card. Bought her lavish gifts that are reportedly in her house like paintings, etc. In exchange, Kelly never game Jackson problems. Kelly didn't want Jackson out because it was a matter of time before it all would come out. I think there is a lot of things the "Board" didn't know about it, and it appears Fields is going to bring it all to light.

    By Anonymous Anonymous, at 1:33 PM, October 01, 2006  

  • Hey Carl, ask Theresa Kelly who paid for those expensive blue and red pins with the Proviso logo and her name on them as President of the Board?

    By Anonymous Anonymous, at 1:34 PM, October 01, 2006  

  • By the way, the only person that was screaming at the Board Meeting last week was Theresa Kelly. I thought she was going to have a heart attack. She didn't want to discuss any of that stuff in open session. Why not? I did not hear Chris Welch scream at anyone. I don't know why you are mischaracterizing how he asked a simple, logical question.

    By Anonymous Anonymous, at 1:44 PM, October 01, 2006  

  • Why don't "welch is an ass" and "welch is a coon" reveal their identities? They don't want any point of view other than their sick, twisted lies out there. They, along with Nyberg, are polluting Proviso Township so that no one decent will want to serve in public life. You want to beat Welch - fine, do it. Just don't be a lowlife doing it. Proviso Probe and Nyberg have no credibility because of the sick posts and Nyberg's constant "mistakes" of fact in "reporting" what is going on.

    By Anonymous Anonymous, at 2:09 PM, October 01, 2006  

  • Carl you should ask welch_is_an_ass a.k.a Ami Relf how many of those illegal trips she went on with Theresa Kelly. You should ask welch_is_a_coon a.k.a Della Patterson how many of those illegal trips she went on with Theresa Kelly. I think you will find the answer is "almost all of them." So for almost $90,000 in trips, what did the district get out of them? Also, you should ask why do they always stay two to three days longer than the conference? If you weren't a political hack and a blog version of Fox News, you would truthfully answer these questions.

    By Anonymous Anonymous, at 4:00 PM, October 01, 2006  

  • To Welch is an Ass

    I see you made it home from church. Once again, you had your earplugs in to avoid listening to the message from your pastor. Take those earplugs out. It's not too late to change your evil ways and your nasty mouth. We all know who you are.

    By Anonymous Anonymous, at 4:05 PM, October 01, 2006  

  • If I was Kelly or Flowers, I would sue!

    The statements made by the Proviso insider are untrue and are used to defame these two individuals.

    I find it extremely disappointing that our school board president would engage in this type of reckless behavior.

    This is the signature work of a coward, and Welch's acts will not go unpunished.

    Chris Welch must resign and leave our District. We can no longer afford this type of embarrasment. It's not fair to us as a community to live under this cloud of shame.

    By Anonymous Anonymous, at 6:20 PM, October 01, 2006  

  • The following was posted by someone with a prohibited pseudonym:

    Nequa Valley was built for $60 million adn looks like a college campus. PMSA was GUTTED out for $40 million and does not have a gymnasuim or auditorium.
    SHOW US THE MONEY WELCH! WHERE IS THE MONEY WELCH? HOW MANY OF YOUR CRONIES GOT KICKBACKS?

    WELCH THIS IS NOTHING BUT ANOTHER SMOKE and MIRROR LIE FROM YOU! LEAVE FLOWERS AND KELLY ALONE! YOU ARE THE ONLY CORRUPT PERSON ON THE BOARD STEALING FROM CHILDREN AND TAX PAYERS! YOU ARE ONLY MAKING THESE FALSE ACCUSATIONS BECAUSE IT IS AN ELECTION IN APRIL!

    SHOW US THE MONEY WELCH! SHOW US THE MONEY BEFORE YOU ARE SENT TO PRISON!

    By Blogger Carl Nyberg, at 10:48 PM, October 01, 2006  

  • Carl, Lisa Madigan published "A Guide to the Illinois Open Meetings Act" which was revised in August of 2004 which states exactly what I cited earlier, "If a complaint has been filed by the State's Attorney, the court may impose penalties. Violation of the Illinois Open Meetings Act is a Class C misdemeanor, whcih is punishable by a fine of not more than $1,500 or by imprisonment for not more than 30 days, or both." Look it up. It's on page 39 of a 50 page guide. I look forward to you, Kelly and Flowers going to jail for blatant disregard of the law.

    By Blogger Proviso Insider, at 11:24 PM, October 01, 2006  

  • Proviso Insider, I don't believe I'm in a position to violate the Open Meetings Act. To violate the Open Meetings Act doesn't one have to be a public body, like a school board?

    What are the violations you claim I'm a witness to? What confidential information did I post to Proviso Probe that you believe came from Flowers or Kelly?

    By Blogger Carl Nyberg, at 11:40 PM, October 01, 2006  

  • WIAA, I want Proviso Insider to make her/his case on Proviso Probe. The jousting is good for the readers. Let them see both sides of the argument and decide which makes more sense (or if both PI and I are crazy).

    By Blogger Carl Nyberg, at 11:44 PM, October 01, 2006  

  • Rumor is provisoinsider is restricted.

    By Anonymous Anonymous, at 10:07 AM, October 02, 2006  

  • Wow, West Secretary, you have a lot of nerve calling out other secretaries for their poor grammar. Did you read your post before you sent it in? It's no wonder our kids cannot write well; there are no adults in their lives that can show them how! How does someone with poor grammar and writing abilities get hired as a SECRETARY of all jobs?

    By Anonymous Anonymous, at 12:32 PM, October 03, 2006  

  • I think this is all immature and if we all took the time to vote and vote for those that have the best interest of our district and children's futures and not the best interest of themselves and their own ftures, we would be alot better off. I am no fan of any of the "wrecking crew", Patterson, Welch, Kelly, Relf,. They should all be on one political ticket, the "We only Care about ourselves ticket". This is crazy. I keep hoping that someone will get on here and make sense of it. Salaries are everyone's business, just go to champion.net. I just wish that the people in charge would get back to business and stop with the foolishness. Maybe we need to make it a requirement that you have to have vested interest in the district in order to serve for the district. How can we expect people like Kelly, Patterson, Welch, Relf, Fields,etc to care when they have no personal or emotional interest in the children of this district? Not to take away from Welch's wrongdoings, but ladies, when did you get so low? The name calling and the terrible attitudes, and you want to work with our kids? I see Welch during political vote time. I see Patterson in church and she doesn't even look happy to be part of that community. Kell y never loks happy. Relf seems to spend more time demoralizing kids that bringing them up. When does it stop? The problem with Proviso twonship is Proviso township and its voters. Get these people out and get some people that care in.
    As for Wallce, i do not know much about her, so alot has yet to be seen. I hope that she keeps her focus on the children and not just the football players.

    Also Proviso needs an attendance/tardy policy! ASAP. Yes, night school did not work, but just letting these kids come in to school as they plaease and as late as they please is not working either.

    By Anonymous Anonymous, at 8:29 PM, October 03, 2006  

  • Chris Welch you are a disgrace to young black men who are educated, and influential!

    You have taken your position and used trickery, deceit and outright lies to promote yourself. You should be ashamed!

    Now you want to make a person like Brandon Gale (your puppet), Security Director of Proviso Township Schools, in which you got to be kidding!

    It’s only a matter of time before your small kingdom comes down and when it does, it will be a hard fall!

    You don't even realize that you are being used by certain mayors to do their bidding, but believe me, after it’s all said and done you won’t get their support to run for office again, because you are a liability.

    All the things that you are doing to fatten up cetain folks wallets with contracts and jobs, wont even matter in the end!

    So you can take your $499,000 (new home) in Hillside and get a real job!!!!!!!!!!!!!!!!!!!!!!!!

    By Anonymous Anonymous, at 12:45 AM, October 04, 2006  

  • Wow all the immature bickering anyone could want in one place. It would be funny if it wasn’t so pathetic, and so detrimental to the objective of any school board, the smooth efficient running of a group of schools.

    Also, the racist undertones that slip through the seams of some of these comments also are troubling in that you should be setting better examples for the students.

    Not being intimate with all the issues makes me think it would just be best to throw them all out, the good, the bad, and the ugly and start over with a group of people whose only focus are the schools.

    Oh well let the flaming begin while I cue up the circus music.

    By Anonymous Anonymous, at 5:20 AM, October 04, 2006  

  • Well I don’t know what racist comments you are talking about, because I am a young, black successful lawyer who happens to live in Proviso Township. So my answer to your response is that obviously you don’t know what is going on in our community.

    But until it stops I will continue to speak out, and shame the devil!

    By Anonymous Anonymous, at 12:09 PM, October 04, 2006  

  • SPADE(Serpico): There’s something else to be discussed first. We’ve got to have a fall guy. The police need a victim, somebody they can pin those three murders on.

    CAIRO(Moore): Three? There’s only two, because Thursby(Bruno) certainly killed your partner.

    SPADE(Serpico): Only two then. What’s the difference? We have to give the police…

    GUTMAN(Oldson and Sterk): Come, Mr. Spade(Serpico), you can’t expect us to believe at this late date that you’re afraid of the police, or that you’re not quite able to handle…

    SPADE(Serpico): I’m in this up to my neck! I’ve got to find somebody, a victim when the time comes. If I don’t, I’ll be it.

    Let’s give them the gunsel(Welch).

    He actually did shoot Thursby and Jacoby, didn’t he? Ha,Ha, yes the always fall for the angry black man routine!Anyway, he’s made to order for the part. Look at him!

    Let’s give him to them.

    GUTMAN: By gad, sir, you are a character. That you are! There’s never any telling what you’ll say or do next, but it’s bound to be astonishing.

    SPADE: It’s our best bet. With him in their hands…

    GUTMAN: But, my dear man, can’t you see that if I even for a moment thought of doing such a thing… That’s ridiculous.

    I feel towards Wilmer here just exactly as if he were my own son. Really, I do.

    But if I even for a moment thought of doing what you propose what in the world would keep Wilmer from telling the police every last detail about the falcon and all…

    SPADE: Let him talk his head off. I’ll guarantee you nobody’ll do anything about it.

    GUTMAN: Well, what do you think of this, Wilmer? Mighty funny, eh?

    WILMER: Mighty funny.

    In the end, all went down.!

    By Anonymous Anonymous, at 6:02 PM, October 04, 2006  

  • someone at 12:09 PM.

    Blacks can be racists too.

    And I did admit I don't know the details. But is the discourse on this web site is any indication you all need to be sat down and be give a 6 month ‘time out’ or maybe call in one of the TV show nannies because you are all acting like children.

    By Anonymous Anonymous, at 9:12 PM, October 04, 2006  

  • Actually provisoproblems, I am not employed by Proviso or am I looking for a handout from Welch, Kelly, etc. I speak about about those individuals as truthfully as I have seen or been able to interact with them. Welch, Kelly, Relf, Wallace, Patterson and most of the township trustees and members are cut from the same cloth in my opinion. I am not impressed with any of them or you. I don't really care abot carl erasing...I got a rise out of you didn't INot my intention to make you feel like I like any of them. i am disappointed in all of them. and since you are so caught up on the stalker tip/idea...you are right, i am a stalker and I am watching your sorry ass. Please believe you, me, and everyone else finds it cute to hang out and "blog" and think we are getting away with getting our opinions off our chest but will you be ready when it is time to show your ass and I do not mean the ignorant one you are sitting on. Please know streets are truly watching this blog, Proviso and the serpents that slither in and out of it.

    By Anonymous Anonymous, at 9:12 PM, October 04, 2006  

  • That is so crazy, why would i be a black person, and be a racist against another black man.

    What I said is and i quote, "Chris Welch you are a disgrace to young black men who are educated, and influential!

    You have taken your position and used trickery, deceit and outright lies to promote yourself. You should be ashamed!"

    And I stand behind 100% of what i said, until u can show me something different.

    By Anonymous Anonymous, at 10:10 PM, October 04, 2006  

  • Let’s be real and stop the senseless charade.

    Chris Welch is the Proviso Insider. On his blog, he claims to be a journalist from Forest Park. We know this not to be true based on the obvious slant of the topics and the removal of any comments that disagree with this slant.

    Chris Welch's blog, the “proviso insider”, is nothing more than the continuation of "building a better community", his first blog dedicated to tasteless disparaging remarks about Karen Yarbrough and her family. Now he is using this blog to make reckless defamatory statements about Charles Flowers and Theresa Kelly. I expect them to take full legal action against this perpetrator.

    It's unfortunate that this is what Chris Welch thinks politics is all about. That's the Students First gang mentality, win at all costs regardless of how immoral and unethical; As long as they protect the financial interests of Gene Moore and Chris Welch.

    Do we really want this type of behavior from the school board president? Welch has made District 209 the joke of Illinois. We should be embarrassed and ashamed.

    For the record, if these two Students first gang members, Chris Welch and Stan Fields' disrespect, mock or make disparaging remarks towards Theresa Kelly in the next board meeting. Best believe, the gang task force will be outside waiting patiently for their exit. We will not allow either of you to disrespect, yell and mock an older woman in our presence. We will be in attendance to make sure Theresa Kelly is safe and secure.

    Please believe, the gang task force will rid our community of these leeches...and we're not against kissing the "Universal Elite" Gene Moore on his cheek...

    By Anonymous Anonymous, at 3:46 PM, October 05, 2006  

  • Anonymous 9:12 you are one stupid ass. You sure do know about the ins and outs of Proviso. If the streets are watching then when will they arrest Welch. You need to keep peoples names out your mouth, you never know who will give you a pumpkin head. Happy Halloween. The streets are watching you.

    By Anonymous Anonymous, at 8:06 PM, October 06, 2006  

  • So where's Nyberg hiding? Has the Insider effectively castrated the reluctant scribe, driving him underground while he searches, desperately, to resurrect some sense of self?

    Dethroned and defanged is how I see it.

    By Anonymous Anonymous, at 10:30 AM, October 08, 2006  

  • Toni Campbell is a teacher and coach at MHS (also former student). I saw the the comment on the ratemyteachers website some months ago. I knew Toni as a student and colleague. I do not find the allegation credible. She has too much class to be with a scum like Fields. She's about 15-20s younger than him.

    By Anonymous Anonymous, at 8:03 PM, October 11, 2006  

  • Fields had a DUI in Oklahoma. Do a search on him in the Tulsa newspaper.

    By Anonymous Anonymous, at 8:06 PM, October 11, 2006  

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