‘Trying to do the right thing’: Longtime District 87 school board member wants seat back

In what one Glenbard High School District 87 official calls a “big misunderstanding,” a longtime school board member emailed her resignation from the panel only to attempt to rescind it less than an hour later.

As a result, the board is still advertising an open seat even though the person who initially vacated the spot wants it back.

Martha Mueller, who first joined the board in 2015, confirmed she’ll go through the process. Mueller said she’ll “follow the procedure to the letter,” adding that the district is “always transparent.”

Mueller recently took a job as a routing coordinator for busing provider Safeway, the district's regular and special education transportation contractor.

“Out of an abundance of caution,” she initially stepped down, thinking her position might present a conflict of interest, a district spokesperson said in a statement. She later learned that was not the case and retracted her resignation shortly after.

However, once a resignation is submitted, the board is to follow a formal process to fill the seat — whether by reinstating the previous member or appointing a new one, according to the spokesperson.

Mueller’s relationship with Safeway is solely as an employee without any ownership or economic interests, other than as a nonexecutive employee, Glenbard Superintendent Jessica Santee said at the last board meeting.

But “on the mistaken assumption that this created an unlawful conflict of interest,” Safeway advised Mueller that she had to either resign from her job or resign from the board, Santee said.

Without seeking advice from the district’s administration, “but in good faith toward Glenbard and Safeway,” Mueller emailed her resignation from the board at 3:15 p.m. July 7, Santee said.

Santee immediately informed Mueller that her job may not have required her resignation, and at 3:59 p.m. that same afternoon, Mueller sent an email rescinding it.

The board's attorneys advised that Mueller’s employment by Safeway was not an unlawful conflict of interest that required her resignation.

“The attorneys also advised that, although not legally necessary, it would be prudent for Ms. Mueller to publicly disclose her employment with Safeway and to refrain from all discussion and voting on any matter pertaining to Safeway,” Santee said.

The attorneys were also consulted about Mueller’s status on the board. They advised that although there’s a sustainable position that her resignation was not effective due to the mistaken assumption of an unlawful conflict, and that her prompt rescission may be effective, Santee said, “the more transparent and legally sound interpretation of the law” is that there is a vacancy.

School code provides that a vacancy arises when a board member files a written resignation with the secretary of the board. And Illinois courts have determined that once filed, an unconditional resignation cannot be revoked.

“This is a very big misunderstanding,” Santee said.

Board President Margaret DeLaRosa said Mueller was “trying to do the right thing.”

In the April 2023 election, Mueller was the top vote-getter in her race, ahead of eight other candidates for three 4-year seats.

“She won the election handily … that does speak to the voters,” DeLaRosa noted.

Still, the board is now seeking applicants to fill the vacancy. All applications must be submitted by noon on Aug. 15.