An attorney for ousted Byron School Superintendent Margaret Fostiak intends to ask an Ogle County judge to find the school board president and his wife in contempt of court.
Fostiak's attorney Kevin McQuillan, Naperville, said Tuesday that he plans to file a motion later this week asking Judge Michael Mallon to rule that Byron School Board President Doug Floski and his wife Betsy Floski are in contempt for failing to comply with a court order to provide depositions and computer and phone records.
During a hearing Feb. 9 Mallon ruled that the motion must be made in writing.
Doug Floski said Tuesday afternoon that he and his wife have not complied with the court order and intend to file an appeal if the judge finds them in contempt of court at a hearing set for March 1.
He declined to comment further.
The Floskis were named as respondents in discovery in a civil lawsuit Fostiak filed last summer against WREX Television LLC, Rockford.
The lawsuit, which was filed July 28, seeks $50,000 in damages and alleges that the station broadcast false information about Fostiak.
Fostiak's complaint says that WREX published a text crawl during a video report on its website on July 14 that said "Fostiak fired."
The school board placed Fostiak on paid administrative leave on July 13, but did not discharge her until July 28.
As part of discovery, Fostiak's lawsuit asks for depositions from both of the Floskis, and requests all of their electronic records which pertain to her, both on personal and business phones and computers, something Floski and WREX attorney Donald Manning have opposed.
Mallon ruled Nov. 17 that Fostiak is entitled to know who gave WREX information about the Byron School Board's actions last summer to place her on administrative leave and later to discharge her.
Mallon then ordered the TV station to disclose its sources for the information they broadcast about Fostiak's dismissal.
Doug Floski told the court Nov. 17 that he sent a press release to WREX as well as other news outlets on or about July 13.
WREX attorney Jeff Hoskins told Mallon Feb. 9 that the station will provide court ordered information rather than risk being found in contempt.
The disclosure was filed with the court on Tuesday. It was not available at press time.
Manning argued Nov. 17 that Mallon's ruling violated "reporter's privilege," a state law which says professional news reporters cannot be court-ordered to reveal their sources.
Mallon, however, said the law does not apply in this case because it is a defamation lawsuit.
He ordered WREX to disclose its sources and the Floskis to produce their electronic communications pertaining to Fostiak and give their depositions by Dec. 31. The deadline was later extended to Jan. 31.