Community News
Class action suit claims mine owners violated biometric information protection law
A class-action lawsuit filed last month in Macoupin County Circuit Court claiming that the owners of Shay Coal Mine No. 1, located between Gillespie and Carlinville, and Deer Run Mine near Hillsboro violated provisions of the state’s biometric information privacy act (BIPA) when it required miners to clock in and clock out of their shifts using time clocks that captured images of their hands could generate damages in the hundreds of thousands of dollars if plaintiffs’ attorneys are successful in pressing the claim.
The suit, filed Aug. 16, in Macoupin County Circuit Court by St. Louis attorneys Brandon Wise and Paul A. Lesko, claims the defendants—Macoupin Energy and Maryan Mining, both based in rural Carlinville, and Hillsboro Energy and Patton Mining, both based in Hillsboro—violated miners’ rights when they allegedly began using handprints for miners to clock in and clock out. Primary plaintiffs are Robert Yeske, a Montgomery County man who worked at the Shay No. 1 Mine from 2011 to December 2016, Dan Hopley, a Cass County man who worked as a miner at the Deer Run Mine from 2010 to August 2015, and Ronald Stout, a Madison County man who was a miner at Deer Run from May 2012 to late 2014. In addition, the suit identifies a “class” of plaintiffs similarly situated as the primary plaintiffs. The size of the class is not known, according to the suit, and will be determined from records the defendants are expected to produce for the court. The suit speculates, however, that the class of plaintiffs—including former and current miners—may exceed 200. Some of those plaintiffs are included, the suit says, because they may have been precluded from filing suit on their own because of fear of reprisals from the companies for which they work.
BIPA specifies damages for violations of the act in the amount of $1,000 per incident or actual damages, whichever is greater. With each employee clocking in and clocking out once each day they worked, the amount of the damages sought could amount to $2,000 per day for each day each of the more than 200 employees used the biometric time clocks to clock in and out of their shifts.
[pullquote]The amount of the damages sought could amount to $2,000 per day for each day each of the more than 200 employees used the biometric time clocks to clock in and out of their shifts.[/pullquote]
In addition to a monetary judgment, the suit seeks an injunctive order requiring the defendants to comply with provisions of BIPA if they are found to be in violation of the law.
The suit demands a jury trial.
The Illinois General Assembly passed BIPA in 2008, but the Macoupin County lawsuit appears to be one of only a handful of suits filed statewide to define the limits of the relatively new law. In essence, BIPA precludes private entities from collecting and storing biometric data without getting advance permission in writing. The law defines biometric data as such things as handprints, fingerprints and retina scans—biological attributes that are specific to particular individuals. Preventing the misuse of biometric data is important to lawmakers and individuals because biometrics are increasingly being used to confirm identity in financial transactions and because of the potential for biometric data to be used to facilitate identity theft if it falls into the wrong hands. Among other things, the legislation attempts to control the potential for private parties who collect biometric data from selling that data to third parties.
In the past, social security numbers have been vulnerable to identity theft, but in the event a social security number is compromised there are remedies to correct the situation, according to the suit. “A person can obtain a new social security number, but not a new hand, which makes the protection and control over biometric data particularly important,” the lawsuit argues.
According to the suit, BIPA requires private parties who intend to collect biometric data to obtain a written release from the subjects of such collection prior to initiating the practice. It also requires the entities to disclose in writing the purpose of collecting the data, how it will be used, how long it will be stored and how long it will be kept once the need for it has expired. The law precludes private parties from coercing or forcing individuals to consent to the collection of biometric data and requires the collectors of biometric data to disclose who has access to the information.
[pullquote]The suit demands a jury trial.[/pullquote]
The suit alleges the defendants “captured, collected, stored and recorded biometric information of their Illinois employees without properly obtaining a written executed release and without making required disclosures concerning the collection, storage, use or destruction of the information.”
The plaintiffs’ attorneys argue that they want to use the court to determine on behalf of the primary plaintiffs and the class whether the defendants’ conduct has violated BIPA, whether the conduct was negligent, reckless or willful, and whether the plaintiffs are entitled to damages and injunctive relief. Further, the suit seeks to clarify whether the defendants obtained written executed releases from its employees before capturing biometric information, whether the defendants disclosed in writing the length of time biometric data would be stored and used, whether a written release from employees was a condition of their employment, and whether the defendants disclosed a written policy for destroying biometric data when the initial purpose for collecting it has been satisfied or within three years of the individual last interaction with the entity collecting the data.
While the suit was filed about a month ago, it only recently became available for public review. The file was temporarily held by Circuit Judge Kenneth R. Deihl pending an order to grant the use of a special process server to serve summons of the suit on the defendants. That order was signed Aug. 28 and the case was returned to the general file.
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Ye Olde Christmas is the theme of the Macoupin County Historical Society’s annual Christmas Show, which will be held Friday through Sunday, December 5–7, at the John C. Anderson Home and Museum, 920 West Breckenridge in Carlinville.
“The Christmas Show is one of the most magical times to visit the Anderson Home,” said MCHS Board Member and House Manager Brandy England. “Some families make it an annual Christmas tradition to visit the Anderson Home when it is decorated for Christmas. It’s a great opportunity to get into the Christmas spirit and pick up some ideas for decorating your own home for the holidays.”
MCHS member Kendra Mize, of Bunker Hill, who has coordinated the decorating effort for more than two decades, has again marshalled a small army of volunteers to decorate all 13 rooms of the home. Each room features a themed Christmas tree, along with mantle pieces, centerpieces, tabletop decor, garlands and florals, and other special touches.
The home will be open for self-guided tours from 4 p.m. to 9 p.m. on Friday, December 5; from 9 a.m. to 9 p.m. on Saturday, December 6; and from 10 a.m. to 3 p.m. on Sunday, December 7.
“We’re very excited to offer for the first time candlelight tours from 6 p.m. to 9 p.m. on Friday and Saturday,” said Shawna Ashby, who serves as a co-manager with England. “Viewing the decorated home by candlelight promises to be a magical experience.”
The final candlelight tours on Friday and Saturday start at 7:30 p.m. Admission to the home is five dollars for adults and one dollar for children ages five to 12, with four-year-olds and younger admitted free of charge.
The Anderson Home Gift Shop will be open during tour hours, offering one-of-a-kind gift items and stocking stuffers. Santa Claus will be on hand in the downstairs parlor to greet children and listen to their Christmas wishes from 1 p.m. to 4 p.m. on Saturday, December 6.
While the decorated home is the centerpiece of the Christmas Show, several other features on the Historical Society’s grounds will be open. The Red Barn will be open and serving hearty beef stew, chili, homemade pies, and warming holiday beverages such as wassail and hot chocolate on Friday and Saturday.
The General Store and Print Shop will be decorated and open to the public, with the Print Shop offering its popular handmade Christmas cards and other items produced in the shop; kids can print their own blank “Santa List” to keep track of their Christmas wishes.
“The General Store offers unique gift items, including some small antiques, for shoppers to peruse,” England noted.
Local blacksmiths will demonstrate their craft in the MCHS Blacksmith Shop located on the north side of the Historical Society Grounds, with wrought iron gift items, including stocking hooks and decorative pieces, available for purchase.
The Macoupin County Historical Society’s Christmas Show runs concurrently with the Carlinville Christmas Market and Downtown Christmas events, and a free trolley and shuttle buses include the Anderson Home as a regular stop during the festivals, enabling visitors to ride from the square or the Macoupin County Fairgrounds to the Historical Society grounds.
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Members of the Community Unit School District 7 Board of Education on Monday night voted to approve a property tax levy request totaling $3,920,295 for 2025 property taxes payable in 2026. Because of tax caps and other factors, however, the district expects to collect only an estimated $3,786,607 of the requested amount.
In addition to acting on the tax levy, the board also held a lengthy discussion regarding annual district “report cards” issued by the Illinois State Board of Education to assess school performance from last year, approved a high school band/choir performance trip to Chicago in March, and agreed to apply for a school maintenance grant of up to $50,000 in matching funds.
The new proposed levy exceeds last year’s tax extension of $3,599,569 by more than $320,726—an increase of about nine percent if the levy were to be approved at the county level. The more realistic anticipation of $3,786,607 exceeds last year’s extension by $187,038, or an increase of about three percent. A Property Tax Extension Limitation Law (PTELL), approved by Macoupin County voters in 1995, restricts increases in the levy to five percent or the federal Consumer Price Index (CPI), whichever is less. This year’s CPI is estimated at 2.9 percent.
The approved levy seeks $1,650,000 for the Education Fund while expecting to realize $1,653,831; $450,229 for Operations & Maintenance, while anticipating $438,041; $200,000 for Transportation while expecting $180,434; $35,000 for Working Cash while expecting $42,602; $174,700 for the Illinois Municipal Retirement Fund while anticipating $117,788; $154,101 for Social Security while expecting $105, 248; $247,264 for Tort while anticipating $240,570; and $33,501 for Special Education while expecting $32,593. For Bond and Interest, which is not subject to PTELL, the district is levying $975,500 while anticipating the same amount.
Local property tax revenue accounts for about 20 percent of the district’s overall annual budget.
Because the levy request exceeds 105 percent of the previous year’s extension, a public hearing is required. That hearing is scheduled at the start of the board’s regular December meeting at 6 p.m., Monday, Dec. 15. In the meantime, the proposed levy is available for public inspection on the district’s website and in the district office.
Using a PowerPoint presentation, Owsley emphasized the levy request is essentially a wish list for what the district would like to raise through property taxes.
“The levy is the ‘Christmas list’ I talk about every year,” Owsley said. “If you don’t put it on the list, you’re not going to get it.”
Projecting what the district can legally seek under tax caps can be challenging because the district’s total equalized assessed valuation will not be confirmed until after Jan. 1 while state law requires the district to file its levy request before the end of December. For that reason, local school districts routinely file requests that exceed what they actually expect to receive in property tax revenue, and rely on the County Clerk to adjust the request to the maximum amount the district can receive.
“Because of tax caps, we have one shot to capture increases in the EAV and new construction,” Owsley said. “If we don’t do that, we lose it in perpetuity.”
To calculate the new levy, Owsley projected a 15.12 percent increase in the EAV—nearly double the previous year’s rate of increase. By overestimating the EAV growth, the district expects to capture the entire increase in assessed valuation when that number is finally determined.
“Even though we know the EAV will likely be around the historical average, we base our levy on a much higher amount so as not to lose revenue from new growth,” Owsley told the board. “We can do this without running the risk of overtaxing taxpayers because the district will receive no more than what we are entitled to by law.”
Owsley said relatively stable increases in EAV have resulted in a steadily declining tax rate. Since 2014 when the rate was $4.24 per $100 in EAV, the rate has fallen to $3.20 for 2024. In other words, the county can use a lower rate to generate the extension to which the district is entitled because the value of taxable property has increased.
“As long as the EAV goes up by more than the Consumer Price Index, our tax rates are going to go down,” Owsley noted.
SCHOOL DISTRICT REPORT CARDS
The board spent several minutes discussing recently released school report cards issued by the Illinois State Board of Education. Interested persons can view local report cards by visiting https://www.illinoisreportcard.com/.
All three attendance centers received a “Commendable” designation, meaning there are no student groups that are underperforming academically, and the high school graduation rate exceeds 67 percent. Last year, BenGil Elementary School achieved an “Exemplary” designation—the top designation a school can achieve.
Elementary Principal Angela Sandretto said administrators knew the school would not earn an Exemplary rating, even though students are state average in English/language arts, math and science. The Report Card designations are based on growth rather than academic performance. With students already exceeding state standards last year, the opportunity for growth was limited.
Assistant Principal Tara Cooper agreed, noting BenGil Elementary’s student performance is in the upper half of schools statewide that are meeting academic standards. “So, while we are not ‘Exemplary,’ we’re very happy with where we are.”
Supt. Owsley told the board the State Board of Education is working on revamping the assessment system because of the growth vs. performance issue. “That’s why they’re redoing all of this because they are penalizing schools for meeting goals,” he said.
For Gillespie Middle School, the report card shows students meeting or exceeding state averages in math and science but significantly lagging in English/language arts.
“ELA is our most concerning area,” Principal Patrick McGinthy told the board, “along with absenteeism.” The report card shows a chronic absenteeism rate of 25 percent, but Owsley and other administrators said the rate is exacerbated by the State Board of Education including nearly all absences whether or not they are excused.
Rosentreter noted the State Board will allow a student to be absent five days for illness without a doctor’s excuse. On the sixth day, however, the absence is unexcused unless the parent or guardian provides a doctor’s slip. Many parents, however, are reluctant to pay for a doctor’s visit for a child that is suffering from a minor illness.
McGinthy said Middle School teachers are attempting to address the deficiency in English/language arts by increasing writing exercises and requiring students to write in conjunction with other curriculum areas.
Rosentreter noted that the assessment standards for high schools differ from the standards for elementary and middle schools in that the State Board emphasizes graduation rates. For Gillespie, the graduation rate is an impressive 86 percent, though chronic absenteeism checks in at 31 percent.
“Math is definitely our shining star,” Rosentreter said, noting the school scored 17.8 points compared with the state average of 18. The school performed less well in the areas of English/language arts and science, scoring 16 points on ELA compared with the state score of 18 and 17.2 points compared with the state average of 19.
The report cards are based on results for the Illinois Assessment of Readiness (IAR) test for elementary and middle school students, and ACT scores for high school students.
Administrators said it’s difficult to motivate students to do well on state-mandated tests since the tests do not affect the student’s grade point average. To incentivize testing, Rosentreter said the high school is offering to let students skip final exams if they hit state standards on the mandated tests.
Owsley noted that the district report card documents the continuing decline in school enrollment—dropping from 1,325 seven years ago to 1,082 for the 2024-25 academic year.
“We don’t see that turning around anytime soon,” Owsley said. “It’s not just a Gillespie thing; it’s a trend for schools throughout Macoupin County.
BAND/CHOIR TRIP TO CHICAGO
Following a presentation by band/choir instructor Brad Taulbee, the board approved a high school band and choir performance tour to Chicago set for March 19-21. Taulbee said the tour company retained for the trip places emphasis on security and safety for traveling students. The company supplements hotel security with its own security personnel to monitor student rooms during the trip.
The tour includes workshop sessions at Vandercook College in downtown Chicago, and performances by the choir at the John Hancock Center and by the band at one of the city’s museums.
Taulbee said he is attempting to keep the cost affordable for participating students. Depending upon the number of students who ultimately go on the trip, he said he expects the cost to be about $739 per person. Additionally, he is lining up sponsors who can help with expenses for students who could not otherwise afford to participate.
“Security is my main concern,” said Board President Mark Hayes. “We just came back from there and seven people were shot in the area we were in.”
Taulbee said he expects to recruit seven to 10 chaperones and will ensure that the ratio of students to chaperones does not exceed 1:10.
SCHOOL MAINTENANCE GRANT
The board concurred with Supt. Owsley’s recommendation to again apply for a state School Maintenance grant of up to $50,000. The grant is a “matching” grant requiring the district to match grant funds dollar for dollar. The district has successfully applied for the grant for the past several years.
If the application is successful, Owsley said the funds will likely be used to remove asbestos-containing floor tiles in the choir room and elsewhere in the Middle School.
PERSONNEL
Following an executive session of about 40 minutes to discuss personnel and other issues, the board voted unanimously to accept the resignation of Tim Wargo as an assistant high school baseball coach and post the position as vacant, and voted to appoint Wargo as the head high school baseball coach for the coming season.
In separate actions, the board approved maternity leaves for Alexis Lupkey, district paraprofessional, and Gear-Up Coordinator Jordan Bartok. Lupkey’s leave is tentatively scheduled from Dec. 8 through March 18. Bartok’s leave is expected from Dec. 12 through Jan.6.
Board members voted unanimously to hire Christopher Whaley as a substitute bus driver, pending a routine background check and documentation of certification.
The board also voted unanimously to terminate Makayla Huff as a three-hour cook and post the position as vacant.
On a motion by Bill Carter, seconded by Weye Schmidt, the board voted unanimously to rehire fall coaches as follows: Jordan Bartok as head high school girls volleyball coach with Shelsie Price, as an assistant coach; Cory Bonstead as head football coach with Nate Henrichs, Jarrod Herron, Korben Clark, Alex Jasper, J.O. Kelly, Billy Gill and Florian Seferi as assistant and volunteer assistant coaches; Jay Weber as head coach for the parent-funded high school cross-country program with Jack Burns as a volunteer assistant coach; Jake Kellebrew as head coach for the parent-funded high school golf program, with Michael Otten as a volunteer assistant coach; Tim Wargo as head middle school baseball coach with Trae Wargo as assistant coach; Michelle Smith as head middle school softball coach with Jim Matesa, Joe Kelly and Melissa Heigert as assistant coaches; and Liz Thackery as head coach for the parent-funded middle school cross-country program with Laura Peterson as a volunteer assistant coach.
DISTRICT FOCUS
During a District Focus segment, Supt. Owsley introduced newly hired School Resource Officer Jacob Linhart, and High School Principal provided a report with photos of a recent school-wide Veterans Day observance.
Linhart, who has served five years as a police officer on the Gillespie Police Department, replaces Wade Hendricks, who recently retired after serving three years as the CUSD 7 School Resource Officer.
Linhart said it is a “great privilege” to serve as a Resource Officer, protecting students and staff. “I’m honored that you guys are allowing me to do it,” he said.
High School Principal Rosentreter said the school served breakfast to about 200 veterans and their families Tuesday morning, Nov. 11. Later, the veterans were joined by nearly 700 high school and middle school students for a recognition ceremony in the high school gymnasium.
Since the event coincided with the 25th anniversary of CUSD 7’s Wall of Honor program, the annual event did double duty as an induction ceremony for five are individuals, all of whom happened to be U.S. Military veterans.
The inductees included the late Sergeant Major John Marion Malnar, Command Sergeant Major John “Jack” Burns, Colonel Mark Daley, Lieutenant Colonel William P. Falke and Captain Robert Leone. Rosentreter said Daley and Leone traveled with their families from Colorado and Texas, respectively, to attend the ceremonies.
Burns, a retired CUSD 7 teacher, later visited BenGil Elementary School to present a program and teach students how to properly fold an American flag.
Rosentreter recognized the City of Gillespie for a donation of $1,000 to help purchase food for the veterans.
Born in Benld and a resident of Sawyerville, “Big John” Malnar earned a Silver Star during the Korean Conflict and a Gold Star, awarded posthumously after he was killed in action in 1968 in Vietnam. A Marine training center at Camp Geiger in North Carolina is named in his honor.
Though not a Wall of Honor inductee, Jacob Miller, a 100-year-old World War II veteran and recipient of two Purple Hearts, was recognized with a standing ovation.
The annual Veterans Day breakfast and ceremony provides students with an opportunity to meet and recognize local veterans as potential role models for their own futures.
Owsley said the event is a major event on the district’s calendar which grew out of a simple flagpole ceremony initiated 25 years ago.
CEJA GRANT FUNDS
Board members briefly discussed plans for about $74,000 in anticipated Climate and Equitable Jobs Act (CEJA) grant funds. The federal program is intended to compensate communities that have experienced revenue loss as a result of coal mine closures.
Owsley said the district committed about $86,000 in last year’s CEJA grant funds to the City of Gillespie to help pay for improvements to Plum Street, which is heavily used by district school buses. He has not transferred those funds, however, pending the start of the project.
Owsley said he was seeking the board’s input on how the money should be used.
“We could continue to partner with the city on Plum Street,” he said. “But there are plenty of project areas within the school.” The money could be used, for example, for continuing asbestos abatement. He identified other upcoming needs, including a new roof for the high school/middle school and an HVAC project.
President Hayes pointed out the school district paid for improvements to Kelly Street when BenGil Elementary was built and subsidized a project to reconfigure drainage on Broadway Street, in addition to the dollars committed for Plum Street.
“The school district is not in the business of building roads,” he said. “I think we’ve been more than generous with the city.”
Board member Peyton Bernot agreed the money should be committed for use by the school district.
TRIPLE I CONFERENCE
Several board members who attended a conference for board members and administrators Friday-Saturday, Nov. 21-23, in Chicago, commented briefly about their take-aways from conference sessions. Popularly known as the Triple I Conference, the convention is sponsored by the Illinois Association of School Boards, Illinois Association of School Administrators and the Illinois Association of School Business Officials.
Owsley said more than 700 Illinois school districts were represented, making the Triple I the largest gathering of education professionals in North America.
Bernot briefly reported on a session he attended regarding upcoming legislation and financial outlooks for school districts. He described the session as “much less optimistic” than sessions he’s attended in the past.
Owsley was among the convention presenters, discussing social-emotional learning. He commented that several districts attending reported efforts to involve students in school administrators. Some districts, he said, appointed a non-voting student representative to the school board to take part in discussions directly affecting students.
“When you think about it, we hear from faculty members and we hear from parents,” Hayes commented. “The people we don’t hear from are the most important part of what we do.”
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The Holiday Sparkle Committee of Gillespie is preparing for the 4th Annual Holiday Sparkle Lighted Parade and Community Tree Lighting, set for Sunday, November 30, at 6:00 p.m. in downtown Gillespie. This beloved community tradition invites residents and visitors to kick off the holiday season with lights, music, and festive cheer.
Food trucks will line the parade route starting at 4:00 p.m., offering a variety of tasty options for families to enjoy before and during the celebration. The event will culminate in the illuminated parade and the ceremonial lighting of the community tree, signaling the official start of the season’s celebrations.
A highlight of this year’s festivities will be a special performance by Gillespie area students in grades 3 through 5. The group will join together to sing Christmas carols, lending their voices to the town’s joyous welcome to the holidays.
Parade participants are invited to bring extra sparkle to the evening—whether by entering a parade float, walking in the parade, or simply attending to enjoy the atmosphere. Participation helps make the event truly magical for the entire community. The only requirement for the parade is all entries have to incorporate holiday lighting.
To join the parade lineup, interested participants can sign up at https://forms.gle/L7Q4tEkgjj8Lt5E47. The Holiday Sparkle Committee expresses gratitude for the ongoing support of residents, businesses, and volunteers who help bring this festive occasion to life each year.
The second part of the holiday festivities will take place on Saturday, December 13 when the Sparkle will sponsor the vendor fair and food trucks in downtown Gillespie including a visit from Santa. Vendors will be located in the Gillespie Civic Center, Zion Lutheran Church, and Emma G’s Upscale Boutique while local businesses and eateries will also be open. An egg nog jog benefitting Gillespie Cross Country will also be held on December 13 and interested participants can join here.
The Holiday Sparkle Committee invites everyone to mark their calendars and join in the celebration. For more information, please contact the committee by email at gillespieholidaysparkle@gmail.com or visit Gillespie Holiday Sparkle on Facebook.
