Fired Graylake D46 business manager sues

Grayslake Elementary District 46 has been hit with a federal lawsuit by a man who was hired as its business boss then dismissed before he ever started the job last year.

Edward Towle is claiming breach of contract in the lawsuit his attorneys filed May 18 in U.S. District Court in Chicago. Since his sacking, the suit states, Towle has been unable to meet with District 46 officials to discuss not being allowed to fulfill his one-year, $98,000 deal as chief school business official.

Robert Shumaker, one of Towle's Wisconsin-based lawyers who filed the federal complaint, issued a statement on behalf of his client Monday.

“Edward is still open to meeting informally with the board and the superintendent in an effort to resolve this situation without litigation, and giving them his very experienced and informed advice as to how they could be moving into the future in these precarious financial times,” Shumaker said.

Towle was hired at District 46 on April 7, 2010, while he was on paid leave from a suburban Milwaukee school system. Grayslake officials said Towle never told them he was collecting his $107,449 salary to not work at Brown Deer School District for more than a year.

Although Towle's now-former employer praised him in a letter to District 46, Brown Deer Superintendent Deb Kerr later said her “serious concerns” about his job performance led to his paid leave. District 46's school board voted 7-0 to terminate his contract May 19, 2010.

In the federal lawsuit against District 46, Towle said Superintendent Ellen Correll learned about his leave status in Brown Deer after she checked his name in an online search engine and found a Milwaukee Journal Sentinel story.

He sent a reply to Correll's April 9, 2010, email about the Journal Sentinel story. “Before we talk, I want to put your mind at ease,” Towle wrote to Correll. “I did nothing wrong. I assure you that I can explain the situation and that it did not involve any issues of ethics or dishonesty. I hope that no one has jumped to any conclusions.”

Correll and other District 46 administrators met with Towle for his side of the story, according to the lawsuit. Days later on April 15, 2010, Towle received another email from Correll after the Daily Herald submitted a Freedom of Information Act request seeking documents connected to his employment.

“My biggest fear has come forth,” the suit quotes Correll as writing in the email. “As I predicted, the Daily Herald has made a FOIA request regarding you, your contract, letters of recommendation, etc. I was fairly certain this would happen, as this is the pattern of the Daily Herald.

“This will lead to a ‘character assassination' for both you and this district. Your best direction, I feel, for future employment, would be to resign due to say, difficulty with moving or something of that nature. This is very unfortunate this all had to happen.”

After Towle declined Correll's resignation suggestion because it “would not have been a truthful statement,” District 46 officials moved to break his contract, the lawsuit says.

Correll said she had not received Towle's lawsuit as of Monday and couldn't comment on specifics. She said she stood by her suggestion that he should have given some type of excuse to resign from District 46.

Towle's lawsuit seeks more than $75,000 in damages from District 46. He remains involved in a lawsuit he filed about a year ago in Milwaukee County against the Brown Deer district, seeking unspecified damages primarily for defamation and breach of contract.

Court documents state Towle has been unable to find other work. Damages include the salary and benefits District 46 agree to pay him, the suit says.

Towle bested about 40 candidates to be named as District 46's business boss for the 2010-11 school year. David Tylavsky was judged to be number-two and was hired as Towle's replacement, but he resigned in March.