Naperville 203 Board of Education member Melissa Kelley Black was issued a censure resolution at the Jan. 7 board meeting following continued breaches of “Board Policies, the Board Agreements, the IASB Code of Conduct and principles of ethics,” according to the censure.
Much of Kelley Black’s alleged conduct violations stems from her usage of a personal Facebook account, according to remedial letters sent to Kelley Black made public in a Freedom of Information Act request filed by the Central Times. In a remedial warning letter dated June 17, 2024, Board President Kristine Gericke wrote on behalf of the board: “you have and you continue to use your Facebook account to communicate in a manner that is unprofessional, plainly violative of your fiduciary duties and contrary to the best interests of the District.”
The censure followed two separate remedial directive letters and six self-evaluations regarding Kelley Black’s actions, with the first self-evaluation being held on June 15, 2023, a month after taking her seat on the board on May 1, 2023.
A self-evaluation is where the board meets and reflects on recent events and how to govern better.
“I’ve done none of those things,” Kelley Black said in an interview with the Central Times following the censure.
The board opted to not make public documents providing supplementary evidence to the allegations made against Kelley Black in the censure, despite requests from Kelley Black at the Jan. 7 board meeting.
“It’s not a matter for the public, it’s a matter that’s taken in part to protect a positive relationship with the individual,” board member Kristin Fitzgerald said at the Jan. 7 meeting.
In both remedial letters sent to Kelley Black and obtained by the Central Times, the board provided quotations of various Facebook posts made by Kelley Black during her tenure as evidence of her alleged misdeeds.
A censure has no impact on Kelley Black’s duties or rights as a board member.
In the June 17 letter, which followed an initial letter sent in December of 2023, the Board stated that if her conduct was not remedied, a set of progressive responses would be set in. The first step was as a remedial letter and the second step was a public censure resolution. The final sequential action was listed as a public censure resolution and asking the Regional Office of Education for Kelley Black’s removal.
First remedial letter
The first of the two letters, dated Dec. 18, 2023, was issued following the third self-evaluation on Dec. 4. Kelley Black was accused of violating her fiduciary duties stemming from two separate Facebook posts.
On Nov. 5, 2023, Kelley Black posted “I get very frustrated when people play political games or disrupt progress with their own personal agenda. [The] dialogue in our meetings has to change from ‘look at our fancy plan and look at all the good things we have done’ to ‘what does the data say and how can we be better.’ Wanting to constantly improve should not be seen as a personal insult to the people in charge or seen as a failure.”
According to the letter, the message implied that “the Board is not focused on assisting students’ performance and mental health needs.”
Later, on or around Nov. 21, 2023, Kelley Black posted “I know we also have a lack of support staff. I’m trying to get the rest of the [Board] and administration to create a time sensitive plan to address these issues, but I lack the support to get action (I am only one of seven board members). We do not pay competitive wages which is a shame since we are sitting on a large amount of extra money. At the next school board meeting, the [Board] will vote on the tax levy. As a Board member, I have a problem voting to increase the real estate taxes when existing funds are not used to make sure our schools are fully staffed and providing educational services.”
According to the letter, the statements made by Kelley Black harmed the District’s bargaining position for collective negotiation discussions.
Kelley Black’s comments were alleged to have violated board policy 2:80, the Oath of Office, which requires that board members abide by the majority decisions of the board and gives them no individual legal authority.
In allegations about the board member Code of Conduct, board policy 2:80-E, her conduct was attributed to violating policy regarding open, honest and respectful board discussions, taking private actions that would compromise the border administration as well as a positive working relationship with the superintendent.
She was also accused of violating board policy 2:10 regarding school district governance due to these same actions in November of 2023.
Second remedial letter
In the second remedial letter, Kelley Black was again accused of violating the board member Code of Conduct, Oath of Office and Board Agreements, as well as levying her position as a board member for non-board related matters.
The letter cited the statement made on Nov. 21, 2023 regarding wages as a violation of the Code of Conduct and Oath of office.
On March 18, 2024, Kelley Black posted on her Facebook account that “Each month, the school district struggles to retain and hire support staff.” Similar to allegations made in the first remedial letter, her actions resulted in “seriously [harming] the District’s bargaining position in the ongoing negotiations.”
Kelley Black posted on April 15, 2024 about a “frustrating” board meeting, and the letter alleged that she was implying the board was a “problem” and not following their fiduciary duties in the post.
In two emails sent April 24, 2024, Kelley Black represented herself as a board member in non-board related matters, according to the letter. This then resulted in district administrators and staff acting in accordance with her requests due to her position.
In a board meeting on May 6, 2024, Kelley Black was accused of a line of questioning to district administrators and staff which had a “chilling” effect on the relationship between the board and administrators. According to the letter, her actions specifically were in violation of the Board Agreement of “no surprises.”
After not being allowed to attend both high school graduations due to a “logistical decision,” Kelley Black posted about the decision on May 18, 2024 and “implied that you were targeted by the Board and the District’s administrators,” according to the letter. This was seen as a violation of the Code of Conduct, Oath of Office and her fiduciary duties.
In an email regarding Kelly Black’s “abuse of her board role” on May 22, 2024, Kelley Black responded to Gericke’s claim by stating “I also know that the public sees and is aware of the petty behaviors directed at me. For example, there was no logical justification for refusing to allow me to participate in both high school graduation ceremonies.”
Additionally on May 18, she posted: “I do legitimately question why the superintendent makes the decisions and why there is so little oversight.” This, along with other comments, spread “false information about the district superintendent has jeopardized your positive working relationship with the Superintendent as required by board policies and the Board Agreement,” according to the letter.
Kelley Black’s response
The censure acted as a “public humiliation,” according to Kelley Black in an interview with the Central Times.
“I think it looks more like they’re trying to quiet me before an election, because I do question the administration,” Kelley Black said.
Although Kelley Black is not up for re-election in the next cycle, she cites her activity in recruiting other people to run for board positions as a reason for her censure.
“I get frustrated as the evidence is not in there,” Kelley Black said. “This is how I feel, it’s like gaslighting. You’re [going to] find accusations, and you’re [going to] ask yourself, why did they have district workshops six times? If this person was doing these horrible things, why aren’t they turning her over to the district attorney?”
