Geneva D-304 hires Batavia law firm to probe workplace harassment allegations by facilities operations boss

GENEVA – The Geneva District 304 school board Monday unanimously approved a legal services agreement with a Batavia law firm to investigate allegations of workplace harassment by the Facilities Operations Director Scott Ney as detailed in a story published by the Kane County Chronicle last month.

The legal services agreement is with Drendel and Jansons Law Group and would take 100 to 125 hours and cost $190 an hour, a total cost of $19,000 to $23,750, according to the agreement.

“You have asked that we investigate the allegations contained in an article written by Kane County Chronicle reporter Brenda Schory,” the agreement states. “The article lays out the claims of several employees who allege a negative work environment leading to significant turnover at the District.”

The law firm will seek the availability of of existing employees for interviews and the willingness of former employees to speak with them, according to the agreement.

The agreement states that it expects the investigation to take one to two months.

Since Ney became director of operations for the district on Aug. 14, 2012, more than 90 employees who worked under him resigned or retired, several telling the Chronicle that they and others left because of the way he treated them.

Board member Michael McCormick objected to the length of time and fees the law firm was seeking.

“I’m in full agreement with having this situation investigated, but this legal services agreement is stunning,” McCormick said.

“I’m a lawyer and I get that they’re trying to give you the worst case scenario so they’re not bound by it, but just to look at it – 60 hours on interviews? And they want permission to have two attorneys in each interview? That’s burning $400 an hour to have some kid take notes with the partner making the questions,” McCormick said.

“I’m stunned that that’s what they think they should charge to investigate this. It’s six or seven people. I mean, that’s like 10 hours in interview. This isn’t the Kennedy Commission,” McCormick said. “It takes 10 minutes to read the Chronicle article and maybe start making some phone calls to these guys.”

Superintendent Kent Mutchler said the district wanted the worst case scenario investigated.

“We had agreed that we wanted a very thorough investigation and that’s what it’s going to take to get an investigation that is objective and that is fact-finding rather than hearsay,” Mutchler said. “And that takes all aspects under consideration. So you are correct. This is the worst case scenario. … We wanted this without question or any kind of slant and so we are trying to be as thorough and objective as possible.”

Mutchler said the Drendel and Jansons law firm is less costly than using education attorneys.

Board member Tammie Meek said as an attorney herself, she and McCormick have been in situations where it is appropriate to have a second attorney present.

“And there are other times where quite honestly, it’s not the most efficient process, and as such, it’s expensive,” Meek said.

A third of the total cost could be the presence of the second attorney in the investigative stage, Meek said.

Mutchler said the law firm agreed not use a second attorney unless necessary.

“Because the district, as an employer, cannot respond to personnel issues publicly, they’re wanting to get as much information as they can from each situation and they feel that they may need it on occasion,” Mutchler said.

McCormick said he does federal tax briefs “that don’t take almost an entire week.”

“That seems just extravagant and – you know – absurd in my mind,” McCormick said. “I’m really uncomfortable approving 100 to 125 hours of work at ($190) an hour, costing upwards of $24 grand.”

Mutchler said there were multiple sides to the story, not just two sides, and a wealth of documentation behind each story.

“We want them to get to the bottom of it and bring out all of the details, so when they do bring that report to the board, that you know it is very thorough and unbiased and that they have looked at everything,” Mutchler said.