Proviso School Board President Chris Welch has sued the District's former lawyers, Burt Odelson and Mark Sterk, of Odelson & Sterk, Ltd. He has also sued his former employer, James J. Roche, of James J. Roche & Associates. Here is the text of Welch's complaint against them:
COUNT I
RETALIATORY DISCHARGE
1. Welch is an attorney currently working as a Partner in the law firm of Sanchez, Daniels and Hoffman LLP in Chicago.
2. From June 16, 2003, to May 21, 2007, Welch worked as an employee for Third-Party Defendant James Roche (“Roche”) at his law firm, James J. Roche & Associates. (collectively “Third Party Defendants”)
3. In addition to his legal duties, from November 7, 2001 to the present, Welch has been a member of the Proviso High School District 209 ("District 209") Board of Education. Since April 1, 2003, Welch has served as the Board's president.
4. Counter-Defendants Burton S. Odelson (“Odelson”), Mark Sterk (“Sterk”) are attorneys who manage and control the law firm of Odelson & Sterk, Ltd. (collectively “Counter-Defendants”)
5. At all times relevant to this Complaint through July 12, 2007, and May 21, 2007, respectively, Odelson & Sterk, Ltd., did legal work for Maywood School District 89 (“District 89”) and District 209.
6. Beginning December 13, 2006, and monthly thereafter, officials at District 209 began questioning Odelson & Sterk’s legal bills.
7. Shortly after District 209 challenged Odelson & Sterk’s legal bills, Roche called Welch into his office to complain about the problems that Odelson & Sterk were having getting their legal bills approved by District 209.
8. On information and belief, on or about May 21, 2007, Odelson & Sterk called James Roche, blaming Welch for their impending dismissal as attorneys for District 209, and requested that Welch be fired in retaliation for his role in uncovering Odelson & Sterk’s alleged overbilling and unauthorized charging.
9. On May 21, 2007, after Odelson & Sterk called James Roche, Roche called Welch and left a message for him to report to Roche’s office to discuss his employment status.
10. On May 21, 2007, Roche told Welch that, if District 209 fires Odelson & Sterk, not to report to work ever again.
11. On information and belief, on May 21, 2007, District 209 fired Odelson & Sterk for allegedly billing the district for legal work that was either not done or not authorized.
12. On May 22, 2007, Roche fired Welch in retaliation for Odelson & Sterk’s firing as counsel for District 209.
13. As a result of his illegal termination, Welch suffered a loss of income.
14. On information and belief, Odelson, Sterk and Roche agreed to try to use Welch’s employment position as leverage to try to coerce him to use his position as Board President of District 209 to get the District to continue to use Odelson & Sterk, despite the fact that Odelson & Sterk were overbilling the District and, when that did not happen, agreed to have Welch terminated at Roche’s firm.
15. It is against pubic policy in Illinois for an individual or group to condition a person’s employment on his approval, in a role unconnected to his employment, of fraudulent billing of a government entity.
WHEREFORE, for all of the foregoing reasons, Counter-Plaintiff Emanuel C. Welch respectfully request that the Court find that Roche and James Roche and Associates discharged Welch solely for his failure to allow Odelson & Sterk to overbill District 209, and prays that judgment be entered against Third Party Defendants, James Roche, and James Roche and Associates, in a sum to be determined at trial, that the Court assess punitive damages against Third Party Defendants, and for other and further relief that this court deems just.
COUNT II
CIVIL CONSPIRACY
1-14. Counter-Plaintiff realleges paragraphs 1-14 of Count I as paragraphs 1-14 of this Count II as if they were set forth herein.
15. Counter-Defendants and Third Party Defendants conspired with each other to have Roche terminate Welch from his employment in retaliation for Welch’s failure to support Counter-Defendants in their scheme to overbill District 209.
WHEREFORE, for all of the foregoing reasons, Counter Plaintiff Emanuel C. Welch prays that judgment be entered against Counter Defendants, Odelson, Sterk and Odelson & Sterk and Third Party Defendants, James Roche, and James Roche and Associates, on this Count II, that compensatory damages be assessed in a sum to be determined at trial, that the Court assess punitive damages against all defendants, and for other and further relief that this court deems just.
COUNT III
DEFAMATION
1-14. Counter-Plaintiff realleges paragraphs 1-14 of Count I as paragraphs 1-14 of this Count III as if they were set forth herein.
15. On July 11, 2007, in retaliation for their firing in District 209 and their impending firing in District 89, Odelson & Sterk wrote a memorandum to the School Board of District 89, the Regional Superintendent of Schools, the Chicago Sun Times, the Chicago Tribune, the U.S. Attorney, the State’s Attorney, the Daily Southtown, the Forest Park Review, and the Pioneer Press. (Attached hereto as Exhibit 1)
16. In his July 11, 2007 memorandum, Mr. Odelson states, in pertinent part, as follows:
the Sanchez firm, although a noted and experienced defense firm as well as real estate and commercial experience (sic) has zero experience in school law. Mr. Welch will claim that he is the ‘experience’, which stems from his short tenure as attorney for School District 88 until his dismissal and then his rehiring by School District 88 after the last School Board election in April when the majority of the Board changed in Mr. Welch’s favor.
Further, he says:
I cannot now, legally, morally or professionally stand by and watch from the sideline as Mr. Serpico rewards Mr. Welch by handing him the legal representation of School District 89 after Mr. Welch conveniently accommodated Mr. Serpico’s desire to hire Mr. Delgado in School District 209.
Finally, he states:
I feel legally obligated to inform the proper authorities as well as the media, and most importantly the Regional Superintendent of Schools of the actions about to take place at the July 12, meeting of School District 89. . . If nothing else, the public will be aware and should monitor the legal bills of Morton College, School District 209, School District 88 and School District 89 as the dust settles and the political muscle that has been flexed is now extended to reap the benefits of years of political work.
17. On information and belief, on or about May 22, 2007 or at some time better known to Defendants, Odelson called three of Welch’s clients, Hoover-Schrum School District 157, Posen-Roberts District 143 ½ and Community High School District 218 and made similar disparaging comments imputing Mr. Welch’s lack of integrity in the performance of his professional services and duties.
18. The statements made by Odelson in his July 11, 2007 memo to District 89 accuse Welch of criminality and acting in a way that shows a lack of integrity in the performance of his professional services and duties.
19. On information and belief, the statements made by Odelson on or about May 22, 2007 or on dates better known to Defendants (noted in paragraph 17, above) to three of Welch’s clients accuse Welch of criminality and acting in a way that shows a lack of integrity in the performance of his professional services and duties.
20. Because of the disparaging statements made by Odelson to Welch’s clients, Welch was injured in that two of the three clients, Hoover-Schrum School District 157, Posen-Roberts District 143 ½ , terminated their relationship with Welch costing him substantial revenue.
21. The statements published by Odelson regarding Welch were false and were made knowing they were false or with reckless disregard for whether they were true or false and without reasonable grounds for believing they were true.
22. The statements made by Odelson regarding Welch were made with actual malice, evil motive and with an intent to injure Welch without just cause and were defamatory per se for which Welch is entitled to compensatory damages.
23. Alternatively, the statements made by Odelson regarding Welch were made with actual malice, evil motive and with an intent to injure Welch without just cause and were defamatory per quod for which Welch is entitled to special damages including the revenue lost from his former clients.
WHEREFORE, for all of the foregoing reasons, Counter Plaintiff Emanuel C. Welch prays that judgment be entered against Counter Defendants, Odelson, Sterk and Odelson & Sterk on this Count III, that compensatory damages be assessed in a sum to be determined at trial, that the Court assess punitive damages against all defendants, and for other and further relief that this court deems just.
COUNT IV
TORTIOUS INTERFERENCE WITH BUSINESS EXPECTATIONS
1-21. Counter-Plaintiff realleges paragraphs 1-21 of Count III as paragraphs 1-21 of this Count IV as if they were set forth herein.
22. On or before May 22, 2007, Welch had an expectation of a continuing business relationship with Hoover-Schrum School District 157, and Posen-Roberts District 143 ½.
23. Counter-Defendants knew of Welch’s expectation of the continuing business relationship with Hoover-Schrum School District 157, and Posen-Roberts District 143 ½.
24. On information and belief, Counter Defendants deliberately disparaged Welch to his clients with the intention of interfering with his expectation of a continued business relationship with Hoover-Schrum School District 157, and Posen-Roberts District 143 ½.
25. On information and belief, because of Defendants’ deliberate and false disparagement of Welch, Welch lost his business relationship with Hoover-Schrum School District 157, and Posen-Roberts District 143 ½, suffering a loss of income.
WHEREFORE, for all of the foregoing reasons, Counter Plaintiff Emanuel C. Welch prays that judgment be entered against Counter Defendants, Odelson, Sterk and Odelson & Sterk, on this Count IV, that compensatory damages be assessed in a sum to be determined at trial, that the Court assess punitive damages against all defendants, and for other and further relief that this court deems just.
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