OHS board denies Burgess’ free speech allegations – MyWebTimes.com

The Ottawa High School Board has replied to a civil rights lawsuit brought by fired teacher-coach Tim Burgess.

The board fired Burgess in January 2015 for what it termed "inappropriate and unprofessional conduct." Burgess filed suit with the board Jan. 6, alleging the board breached his First Amendment right to free speech by firing him in retaliation for criticizing then school Superintendent Matt Winchester during school union meetings in 2014.

The board has responded to the suit, denying Burgess' allegations. The board also is contending Burgess did not raise the free speech-retaliation issues in his two previous suits against the board, so he cannot pursue them now.

The board is further arguing Burgess cannot have a federal judge review his termination, because Burgess already had a circuit judge do such a review. (The circuit judge upheld the termination; Burgess is appealing that judge's decision.)

In addition, the board is saying Burgess lodged the suit after the one-year statute of limitations expired. Finally, the board is maintaining it is immune from liability because the decision to fire Burgess was done in the course of its legitimate, official duties.

Earlier this month, the board had the case moved from La Salle County Circuit Court to federal district court in Chicago, saying federal court was the proper venue, because Burgess is claiming his rights were violated under the U.S. Constitution.

A status hearing is set for Wednesday, March 8.

Burgess was employed at OHS from 1989 to his 2015 firing.

A divided school board voted to terminate Burgess, who also was a coach, in January 2015. Members accused him of "inappropriate and unprofessional conduct," including criticizing one teacher's hairstyle and calling another "little man." Officials also cited past disciplinary issues.

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OHS board denies Burgess' free speech allegations - MyWebTimes.com