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Ex-Geneva school administrator sued

The Geneva school district is suing a former administrator, accusing her of illegally audio-recording meetings with her supervisors and other co-workers.

The lawsuit was filed March 31 in Kane County Circuit Court against Margaret Pennington of Geneva. Besides compensatory and punitive damages, it seeks to have a judge prohibit Pennington from doing further recording; prohibit Pennington from disclosing the contents of the recordings; to order her to disclose to the plaintiffs all recordings of them she has; and to order her to destroy the recordings.

Pennington worked for District 304 for two years. She was principal of Heartland Elementary School for the 2008-09 school year. Then she became coordinator of special projects and resource procurement in the district's central office. The second position was supported by American Recovery and Reinvestment Act funds, with no guarantee it would last more than a year. When her contract ended, she was not rehired.

As special projects coordinator, she was supervised by assistant superintendents Dawn George and Patricia O'Neil.

According to the suit, Pennington asked five times in 2009 and 2010, via email or other written correspondence, to audio-record meetings with George and O'Neil. And on another occasion she notified O'Neil and George that she would be recording meetings between the three of them and would provide them with digital copies of the recording.

O'Neil refused at least four times, each time informing Pennington that meetings with her were not to be recorded. The suit says George also refused to be recorded, but does not specify dates.

On Oct. 28, 2009, Pennington recorded a meeting of district administrators and staff without informing any of the people present or getting their consent, according to the lawsuit. The meeting was about the district's obligations and issues related to educating homeless students. The suit says she used an electronic recording device “on her person.”

And then on Nov. 13, 2009, she recorded a meeting between herself, O'Neil and George, then stored the audio file on a district computer that had been issued to her, the suit states.

Recording people without their permission is against Illinois law, except under certain exemptions.

Geneva schools Superintendent Kent Mutchler declined to discuss the lawsuit, citing district policies regarding commenting on pending litigation. Messages left for the school district's attorney and Pennington were not returned.