Bill Hamilton's Summons and Complaint (W0238403)
Bill Hamilton's Summons and Complaint (W0238403)
6/14/09 Board President leading the band to investigate - Mevec doing interviews for days and
days, no written summary report ever given to Board. He promised that he would proceed with
3020A charges last fall, said he had plenty of evidence from his investigation. Meanwhile,
Elbridge Staff and community went to bat for Janice. Special ed. interviews implicated Sue
Gorton and Beth Russ more than Janice. Charges never spoken of again to this day. Janice is
assigned as Special Projects Administrator doing busy work at the tune of nearly $100,000 per
year.
6/16/09 I let Mevec' s legal assistant know that we would need an additional day to schedule all
of the interviews he had requested.
6/17/09 3020A charges filed by me after discovering that a French teacher allegedly cheated
when administering the French III Regents Exam.
6/23/09 Board President, Mevec and I were debriefing about his investigation. Board was to
meet to review my evaluation that night and then review it with me an hour later. Before that
meeting, Board President informed me that the Board would not be extending my contract, due
to trust issues. I was shocked! Trust issues were never clarified. I had never had a negative
evaluation nor had any complaints made to the Board been reduced to writing as my contract
requires. I had prepared a reflection on my evaluation, and handed it to Mary. I could not meet
with them to review it - too emotionally distressed to do so. By the way, the evaluation itself
was the best I've ever been given.
6/29/09 Mevec requested that I set up interviews for him with 6 members ofthe ALT on the
Janice Schue matter. I did so.
6/29/09 Mary e-mailed me at 10:02 p.m. to ask for a meeting with me. This became a habit. I
would get late night e - mails with very little if any detail and would spend the rest of the night
awake wondering what complaint they had against me now.
6/30/09 Board President Alley contacted me and asked to meet with me, along with the Vice
President, Kelly Oschner. I contacted Michelle at NYSCOSS for help. I ask for advice,
including whether or not I should waive my right to insist that the Board vote on my contract
extension.
7/6/09 Board member Jeanne Pieklik micromanages our preschool FOSPA program. She has
expressed her dislike of the teacher on many occasions. In all instructional issues, the Board
leaves Asst. Supt. For Curro And Instr. Sue Gorton, out ofthe line of fire.
7/6/09 Mary involves a personal friend into assessment of the Health Care Plan. He is a broker
and could benefit from the District changing plans. Pressured me to sign a letter releasing our
information to her friend, Tony. Our plan does not allow that, so I did not sign the letter.
7/10/09 Dan's assistant e - mailed me that Dan would be at the 7/15/09 board meeting to give
the board an update.
7/13/09 Mevec and Michele had a conversation. Mevec said the Board wanted me gone as soon
as possible and would file charges and move to terminate if I did not cooperate. He was beyond
rude to Michele.
7/15/09 Two Board members openly criticized me for the poor math regents results in open
session. In Executive Session, Dan Mevec let the Board and I know that Janice's attorney had
petitioned the Commissioner for a stay, allowing her to be returned to her position as Principal.
7/23/09 Another 10:33 P.M. e-mail from Mary, asking for a meeting with me.
8/3/09 Mary directed me to write a disciplinary memo on an administrator. She says that she is
losing patience. Sue Gorton directly supervises principals, but is not held accountable by BOE.
8/5/09 Dan was scheduled to meet with Janice and her attorney. Meeting had to be rescheduled.
8/18/09 Michele expresses concern about not being able to connect with Mevec. Despite leaving
messages, she's not heard from him.
8/19/09 I requested an update from Mevec on the Janice Schue investigation. Meeting with
Janice and her attorney had not been held, so no update. Many hours and even days of
interviews, but to no avail.
8/20/09 Michele again expresses concern as to why Mevec is so difficult to reach. She had even
left him her horne phone and gave him permission to call after hours. Still no return phone calls.
8/20/09 Mary contacted Rick Timbs to analyze our math program, without my knowledge. I
found out after the fact and e - mailed Rick, who is a friend as well as a colleague. Mary got
upset because she had told me Rick was very busy right now. (Sue Gorton not criticized at all for
this problem with higher level math scores.)
9/6/09 Mevec let the Board know that Commissioner decided not to grant a stay in the Schue
matter, finding that the District had a right to reassign her. (Date is 9/6/10 on the memo, but is
incorrect.).
9/7/09 Mevec recommends that the Board award the Food Service bid to AdvancedMeals. This
has recently become an issue in the Internal Audit. (Bill Hamilton on the hot seat.)
9/7/09 Board member Diana Foote very critical of Bill Hamilton and the bid process.
9/11/09 Mary once again directed me to reprimand an administrator, who reports to Sue Gorton.
9/15/09 I sent an e-mail request to Dan's office requesting that he attend board meeting to give
an update on JS situation.
9/20/09 Mary e - mailed me at 8:31 p.m. on a Sunday night asking if she and VP could meet
with me about my contract.
9/22/09 Board officers, Donna Conroy (who was invited because she "knows about contracts")
met with David, my husband and I to ascertain my exit intentions. See summary ofmeeting.
9/23/09 Mary called a Special Board Meeting for the next evening to hold an Executive Session.
The topic was not announced, but she sent me a separate e - mail letting me know that it was
about my contract.
9/24/09 I had a private consultation with the Retirement System. I communicated with Michele
that if the Board forced me out right away, it would cost me $41,000 per year, as opposed to my
finishing out my contract.
9/24/09 Board held a Special Meeting in Executive Session about my contract. I was not invited,
but sat in the hallway until they adjourned at about 9: 15 p.m. I stood outside of the door when
they came out of the meeting and not one ofthem was even going to acknowledge me. I called
after Mary as she started down the hall and asked if she'd like to talk, but she said she was not
prepared to do that. Another sleepless night for me! None of the other members even
acknowledged my presence. Dan Mevec also walked by without a word.
My husband is very concerned that, if the board files charges and I lose, I would lose all of my
retirement benefits guaranteed in my contract. He feels that I need to prevent them from filing
charges, even if they are bogus.
9/24/09 Michele again expresses concern that Mevec does not return calls. She had left another
message today.
10/12/09 Mary e - mailed me and expressed her intention to talk to the BOE about my
intentions. She hoped I had had a chance to discuss with my husband. I answered that I thought
I had another week, until the next regular meeting. I said she could tell them that I am willing to
negotiate an earlier exit than my contract date. She then said they would wait and talk about it on
the 21 st.
10/14/09 I requested Dan Mevec's assistance in setting up a QUIP committee to assist SED in an
assessment of the health of our Special Education practices at Elbridge and to perhaps glean
information as to how Janice Schue has governed the area of Special Education.
10/21/09 As requested by Board officers, I put my thoughts into writing regarding circumstances
under which I might consider retirement. The letter was clearly of a confidential nature.
10/22/09 The Board had an initial discussion of my letter in executive session.
11/1/09 The Board president allowed her husband to scan my confidential letter into his personal
e-mail and then send it to the rest of the board on her behalf.
11/2/09 I had a real problem with that invasion of privacy and contacted Michele who had
advised that it was definitely a breech.
11/3/09 Board micromanages a bus driver situation, begins to rely on Paula Van Minos (Dir. Of
Op.), more than Bill Hamilton (Asst. Supt.) and 1.
11/11/09 Board officers met with me to do agenda prep, but then talked about how surprised they
were that my letter requested so much money to retire. I explained that it was consistent with
language in my contract about a "no - fault" exit. If my contract was no good, then over 700
others may not be good. They asked me to reconsider the amount, since my letter had resulted in
sticker shock. I said to them that all of this was unnecessary, since I had told them months ago
that I intended to retire in June 2011. The payment oftaxpayer dollars instead ofletting me
leave as I would have anyway is an unnecessary waste of money.
11/18/09 Board again discusses my exit in executive session.
11/19109 Board micromanages a student issue - parents and school disagreed about math
placement. (Sue Gorton not involved at all.) Mary is critical of me in an 8:44 p.m. e-mail.
Once again, no sleep!
11/20/09 Three teachers had approached the Board about donating sick days to a teacher in a
difficult situation. I began working with Randy Ray from BOCES on the matter, but Mary
worked with Dan on it instead of using BOCES. Another example of her micromanagement and
creation of expense to the taxpayers. (e-mail 11/20 from Sharon)
11/23/09 Mary Alley told me that the board had decided to let me choose my date of departure
and would like to know that before February break.
1/13/10 I met with the Board Officers. They told me that they had discussed my contract before
the Holidays with the rest of the Board and had decided to offer me a sum of money to leave at
the end of September or early October. I told them I had planned to stay until June 30, 2011, and
the amount they were offering ($40,000) was not enough to change that plan. They pressured me
to make a decision before February break so they could plan their next step.
1/19/10 Michele advised me that, if the Board wanted me to leave, they should either trigger the
"no fault" provision in my contract, or engage in realistic negotiations for separation. I later
talked with Michele on the phone and told her that I was afraid oflosing my health insurance
benefit in retirement. I told her I was really feeling bullied.
2/3/1 0 I updated Michele about the hostility I was continuing to feel from the Board. She
expressed the same at the hands of the District's attorney, Dan Mevec, who had continued to be
rude and threatening to her.
2/26/10 Another meeting with Board Officers. We discussed a tentative exit date of 10/31/10
with a provision to access Article XIII of the Principals' contract that provides a 50% of final
salary payment upon retirement, and the protection of all retirement benefit that are in my current
contract.
3/1/10 I faxed Mevec a contract with Department of Social Services to review. It took months
and was done only after I received a very abrupt e-mail from DSS saying we were one of only
three districts that had not returned it.
3/3/10 The Board officers requested (insisted really) that I have some form of document ready
for the Board meeting that night regarding my intentions and what I would accept as an exit
agreement. They asked if we could leave it in the hands ofthe attorneys to finalize. I told them
that I was not pleased at all with the way Dan had treated Michele. I told them that I would only
agree to that if Michele could draft the document. I sent Michele a copy of the retirement
incentive out of our Principals' contract along with several other points that would protect my
benefits in retirement. We also discussion a section on a mutually binding release of any and all
claims that either party may have against the other. I put all of this in a list of bulleted items that
would be included in an agreement for the board to consider in executive session without me
present. I asked Mary Alley if she wanted me to stay and wait outside. She said no and that she
would call me the next day.
3/5/10 After two sleepless nights and hearing nothing from either board officer, I e - mailed
Mary to ask if we needed to talk. I communicated with Michele by e-mail, telling her that it
sure feels like torture. Even a courtesy call of e-mail would have been appreciated.
Eventually, Mary answered my e-mail over the weekend that two members had been absent, so
they needed to discuss the matter further. They planned to hold a special meeting on 3/10/1 0 to
do that.
3/9/10 Michele sent me a draft copy of a Separation Agreement.
3/12/10 Mary called and wanted to pick up a copy of the draft agreement to review over the
weekend. I still had several parts that Michele and I were working on.
3/15/10 Michele expressed concern about a Public Officers Law that says a resignation is
effective 30 days after the delivery of the letter, no matter the date on the letter. She asked for
time to research it. Dan became irate and called Mary Alley, who then called me. She was very
irritated.
3/16/10 Michele Handzel sent Dan Mevec a letter outlining her concerns about my retirement
letter starting a 30 day clock for departure, as opposed to November 1st.
Same day - Mevec sent a letter to Michele indicating that the board would be very upset if they
did not have an answer the next day, and may "opt to move in the direction of termination."
Board President Mary Alley phoned me after 9 p.m. Because of Michele's concern that the
Board could force me out 30 days after accepting my retirement letter, instead of November 1,
Mary expressed willingness to add wording to the agreement that states if the board tries to
terminate me before November 1, except for gross negligence or the commission of a major
crime, I would be paid one year's salary in addition to what the agreement already provides.
Also during that phone call, Mary made it very clear that the Board wanted to act on my
retirement letter at the March 1i
h
meeting.
3/17/10 I made Michele aware of the 3/16/10 phone call in an e-mail and asked for her opinion
as to whether or not such added wording would protect me.
3/17/10 Letter from Michele to Mevec summarizing a conversation which she acknowledges as
heated earlier that day.
3/1 7/10 Letter from Mevec to Michele regretting the tone of previous conversation.
Acknowledges there won't be a settlement tonight, but possibly a special meeting would be held.
3/17/10 I read my letter of retirement publicly at the Board meeting.
3/18/10 Letter from Mevec to Michele with a few proposed changes - nothing major.
3/26/10 I inquired of Michele via email as to whether she had seen a revised agreement with
the newly agreed upon wording in it. She replied that she had not, and was surprised, given
Mevec's push to finalize my resignation.
3/27/10 I received an e-mail regarding a message that had been sent to Assistant
Superintendent Bill Hamilton by Dan Mevec on Saturday, March 27 about a business deal. He
stated to Bill that he wanted to talk to him before talking with me (Marilyn) on Monday. Bill
asked if I knew what it was about. I did not. I forwarded it to Michele with a message that I
believed something bad was brewing.
3/29/10 Michele finalized documents and sent them to Mevec.
4/1/10 I wrote to Michele in an e-mail asking if she had any word. She replied saying that she
had not heard anything, but did confirm the receipt of our proposed documents.
4/5/10 Mary micromanages logging contract that was awarded.
4/7/10 Michele spoke to the legal assistant in Dan Mevec' s office, but still had not received any
response to her inquiries from Dan Mevec.
Also on this date, the Board had been very hard on Athletic Director. So much so that he let me
know he plans to retire earlier than he had hoped. Mary sent an e-mail critical of him
obviously wanting him gone.
Mary and I talked and agreed to remove my retirement letter from the agenda, as we had heard
nothing from Mevec about finalizing the separation document.
4/12/1 0 Letter from Michele to Mevec.
4/14/10 I resent the DSS contract after receiving no reply.
4/15/10 I had a conversation with the Board officers regarding the agenda items related to my
exit. I told Mary that I hoped Dan would get back to my attorney and that we would have the
agreement in time to include in the board packets for next week. She said that she may not be
willing to sign the document. I asked for a reason. She replied that the HS Principal, who was
being investigated, had implicated me. She went on to say that if she signs my agreement, she
was concerned that I may not be supportive of the investigation. I said that I didn't see how the
two were related. I asked if she was questioning my integrity. She finally said, "OK, OK, I'll
sign it." I let her know that Dan has had it for two weeks and has not returned any messages left
by Michele. She also told me my mileage claims for certain school related events were being
denied. Mary said that the board does not require me to attend events, etc. Interestingly, my
visibility at events has been applauded in all of my evaluations over the years, and even the
brochure for the search when I was hired expresses involvement as a requirement for the job.
4/16/1 0 After a conversation with Mary Alley about the status of my separation agreement, I
wrote a letter to her summarizing our discussion. She expressed reluctance at signing my
agreement because she believed I would cease to cooperate with the Board's investigation into
the conduct of David Zehner, HS Principal, who had been accused by the Internal Auditor, Alicia
Mattie of changing grades during the 2008 - 09 school year. I did not send the letter, as Michele
advised that it would be a good summary ofthe situation with mileage and other issues
surrounding my exit.
4/20/1 0 Michele expresses concern that Dan is not reachable by phone.
4/26/10 I sent an e-mail to Christine King, our Claims Auditor, asking for clarification on
mileage issue. I copied it to Mary Alley, Bill Hamilton and Alicia Mattie.
4/27/10 Michele received a letter from Dan Mevec recommending many substantial changes to
the already agreed upon separation agreement. Among them a change of the word "Conviction"
of a criminal offense, to "charged with". Not only did he rewrite so that the agreement wouldn't
be honored, he also voided all of my other retirement benefits secured in my contract. He
recommended major changes to a press release, including acknowledgement of my work and my
desire to volunteer for the district as community member. He gave Michele a deadline of April
28
th
- one day later! Michele e - mailed Mevec' s office that she would be unable to make the
changes so quickly and would be out ofthe office until Friday. (This was a Tuesday.)
4/2811 0 I had a heated discussion with Mary Alley when she tried to exclude me from executive
session with an announced topic of the Superintendent Search. I spoke to her about the wording
changes Dan had tried to make, the recent questioning of my mileage claims - different than had
been the practice for many years - and the illegality of excluding me from executive session for
unacceptable topics. I told her that I was being harassed. She went in and adjourned the
meeting.
4/29/1 0 Mary e mailed me to let me know she had asked Dan to change the wording back to
"conviction" but the Board was okay with the other changes. I wrote back to her wondering why
Dan would have made changes without getting direction from the Board and after there had been
agreement on the document. She clearly stated in our conversation the night before that she had
not directed him to make changes. I fear that Mevec' s association with another board member
drove the proposed wording changes. I told her that I was tired of being made to feel worthless.
That the board was attempting to make me look incompetent and was destroying the career I'd
worked so hard to build.
I communicated with Michele and she expressed concern about sudden exclusions from Board
meetings. She saw this as retaliatory for not submitting my letter of resignation prior to the
finalization ofthe separation agreement. She also questioned me about whether or not I felt my
duties had been diminished. She noted the attempt to prevent me from returning to the district
and to refer to my successes as simply "work." All evidence of retaliation, according to Michele.
Michele also expressed a desire to make a list of all of the issues we've had with Mr. Mevec and
memorialize them in a letter.
4/30/10 Finally received review of DSS contract from Mevec, over a month after being notified
by DSS on 3/29/10 that we were one of only a few districts who had not returned the contract.
5/4/10 Mevec communicated via his assistant that he had been waiting for Michele to put the
document in a final fonnat. He directed Michele to do so and have me sign it.
5/5/10 My Separation Agreement was approved and my retirement letter accepted by Board.
(Dennis O'Hara foiled, as did three others. There will be a NYS Supreme Court Article 78
hearing on 9/14 on denial of request.) Documents were signed and notarized at the conclusion of
the meeting.
5/6/1 0 Confirmation letters received from District Clerk notifying me that the Board had
accepted my retirement/resignation and had authorized Mary Alley to sign my Separation
Agreement on the Board's behalf. .
5/7/10 Sent counseling memo to HS Principal on matter of signing off on the controversial
hypnotist issue. He had told me he did not sign it. Board president was furious at him.
5/7/10 I e - mailed Marya message asking if it would be okay to use an expert attorney in
Capital Projects for guidance on a few issues. She answered that it was.
5/16110 Alicia Mattie's Grade Audit - obviously intended to frame HS Principal David Zehner.
5/17/10 Transportation Supervisor Bruce Walters is accused by Board and Paula Van Minos of
several infractions. I conducted a Conflict Resolution between Bruce and a subordinate who had
accused him. It turned out well, but Bruce felt chastised by the Board and wrongly accused. He
decided to retire.
5/18/1 0 Alicia met with Board's Audit Committee without any administrators present. Many
accusations were made concerning the integrity of David Zehner.
5/19/1 0 Mary e - mailed me after I had informed her that I had investigated the alleged grade
changes and had teacher signatures as to the changes. She also requested the NovaNet records I
had reviewed based on Alicia's report. When I met with the Board and Alicia, I began to explain
my work, they didn't want to know anything about it. Instead, they accused me of coercing the
teachers into signing. They seemed to trust the one teacher who wrote that Mr. Zehner had told
the staff they could not give 62,63, or 64's. (Partial truth.) Mary, Dan Mevec, and Alicia Mattie
(internal auditor) took the matter to the Attorney General and I had no knowledge of that until it
was brought up at this meeting. After the Board came back into public session, they accepted the
Grades Audit Report but not the Management Responses.
Also at the 5/19/10 meeting, Sue Gorton and I were to make a recommendation for tenure for an
Elementary Principal, Eric Varney. Eric had received stellar evaluation from Sue and we had
met with him a few weeks previous to let him know we were recommending him. There were
two board members who had very negative feelings about Eric. But, imagine my shock when
Sue said she was not recommending him! It was the first I had heard about her decision - at the
BOE table!!! My assumption is that someone promised her something.
5/24/10 Mary Alley requested a special board meeting for May 26
th
. Her message came at 10:20
p.m. and Jeanette was directed to post the meeting.
5/25/1 0 10:26 p.m. e-mail - Dave Zehner's wife is accusing a board member of unprofessional
conduct.
5/26/10 The Board had a special meeting and agreed to a JUUL agreement for Eric with a 5 - 4
vote. I had to really fight for this. There is no negative information in his file.
5/27/10 Board member questions the RFP process for a certain contract. I innocently answered,
not realizing that two employees had gone directly to the board to complain about Bill Hamilton.
This was the beginning of the Board digging into Bill Hamilton's conduct. Paula Van Minos and
Sue Gorton were providing the Board with a great deal of information on other employees.
5/28/10 Mary Alley e - mailed me that she had gone to Paula because Bill was not available.
Paula provided a lot of information/documentation to Mary, but did not include me.
6/2/10 Mary was quite upset about what she perceived to be a long wait for payment of Mevec' s
and Mattie's bills. Actual turnaround time is within a week once they are reviewed by Mary.
6/2/10 Mary e - mailed asking if Bill and I could meet with her and Kelly that afternoon. I asked
for a topic. She was evasive and said that if we couldn't meet, the questions would come to the
full board that night. We did meet, and she accused Bill of bid tampering. It was the first I knew
of the allegation. Since then, it has been found that two employees went to Alicia Mattie and
accused Bill. They did not report it to me, as directed in Board Policy.
6/6/10 Mary e mailed on Sunday afternoon asking that a Special Executive Session Board
meeting be held on 6/7/10 to discuss the 6/2 meeting.
617/10 Board meeting held and a statement about how the board disagreed with how the
district was being run was entered into the minutes. Posted to the web site on 6/18/10.
6/8/1 0 Mary reviewing and making recommendations for my counseling memo. Dan actually
rewrote it, splitting it into three memos. I had stated that no real investigation had been done and
that writing him up was premature. She wanted instead to add another accusation, about
something she had actually approved -legal services for the capital project. (6/9/1 0 e-mail
from Dan's office is proof of who wrote the memos - Dan did!)
6/8/1 0 I brought to Mary's attention the 517/10 e-mail in which she said go ahead with the legal
services for capital project.
6/10/10 Mary wanted Paula to be the Purchasing Agent. She said that Alicia had recommended
that Bill's position shouldn't serve as PA. This was not true, in fact, in all Districts in our
BOCES, the Business Administrator serves in this capacity.
6/1 0/10 Mary requested Paula's job description without my knowledge.
6/14/1 0 Mevec sent a very inappropriate letter to attorney Jim Hughes who had been asked to
advise us on Capital project matters. Mary had approved this in an earlier e-mail.
6/14/10 I react to Mevec's letter to Hughes.
6/14/1 0 Mary is playing with job descriptions - my job to do that - and planning to restructure
our Business Department.
6/14/10 Board meeting. Board decided not to pay for food Eric Varney had bought for staff
development meetings. I reimbursed the district for that. ($70.07) They also decided that they
would personally pay for retirement plaques. Even after they were reminded, they did not
produce any money, so I paid for them personally. ($185.00)
6/17/1 0 Mary leading the way in disciplining Bill Hamilton. She sent an e-mail to Dan Mevec
and myself directing us to meet with Bill, along with her. I had also planned a conflict mediation
with two employees. Mary directed that Paula VanMinos (Director of Operations) be present
during the facilitation. Mary asked Paula to send documentation on one of the issues to Dan.
Mary continues to work around me. I've been directed not to meet with any administrators by
myself.
Mary was very impatient when Bill Hamilton was unable to set a time for a meeting with his
counsel present. When the meeting could not be set up within 48 hours of her request, she
directed me to tell Bill there would be no meeting and that the Board had decided to go in a
different direction. I asked for clarification of what that meant, but did not received a response.
6/18/10 Letter from Dennis O'Hara representing Bill. Mevec really mishandled everything with
this issue.
6/24/10 Dan Mevec wrote a letter to Dennis O'Hara setting up a meeting and mentioning the
letters of reprimand. We would later have to defend his use of that term, rather than "counseling
memos".
6/28/10 Mary questioning why Paula was left out of a meeting. We just needed to give Marya
heads up on a legal matter on the Capital project.
6/30/10 Mary and I discussed the need for a second legal opinion on a matter. I communicated
this to the Board. Mary let me know that we would not be seeking a 2
nd
opinion later that day.
Why?
7/1/1 0 Mary requests that Paula be at all meetings regarding Capital Project. Leaving Bill
Hamilton out ofthe picture.
7/2/10 In planning for Reorg meeting, Paula came and talked to me about agenda items. About
30 minutes later, Mary contacted me with same items. Direct conversations constantly between
Paula, Sue and Mary.
7/2/1 0 Mevec sent a letter to me stating that he had recommended suspension of Bill Hamilton
based on four alleged offenses and I had not done that. He stated that access was a concern. (He
had never recommended suspension.)
7/7/10 I contacted Mevec's office about two matters I had sent to him for review, one on 6/16
and the other on 6/24. Sent another reminder on 7/19.
7/7/10 0 'Hara sent a letter directing JE to preserve all e - mails relating to Bill Hamilton. Dan
responded, including a directive to O'Hara to send all correspondence to Mevec, and not to me.
7/7/10 I sent a letter to Mary Alley and Dan Mevec regarding his letter stating he had
recommended the suspension of Bill Hamilton. I went on record that I did not understand that to
be his recommendation. I outlined my thoughts on the allegations and expressed concern that an
investigation had not been completed. I had told them that would not be willing to file 3020A
charges unless I believed the charges were valid. Up to this point, I had not received adequate
information to form a belief. Many of the allegations came from an audit by Alicia Mattie. She
seems to be doing the "dirt digging" the board is requiring of her.
7/7/1 0 During Executive Session, Board hears potential charges that could be filed against Bill. I
surmise these are based on work of Internal Auditor, Alicia Mattie. I had not heard most of these
things. Board decides Bill should not be allowed to return to work and that all access should be
cut off. I communicate with Bill after the meeting and tell him not to report to work until he
meets with me on Friday, July 9
th
7/9/1 0 Board requires that I give Bill a choice between taking voluntary leave and putting him on
administrative leave pending an investigation with Sue Gorton present. He told me he would let
me know on Monday. I summarized meeting in an update e-mail to BOE. Unfortunately, I
made an error and sent to the previous board, leaving out the three new members. Mary was
very critical and believes I continued to meet with Bill without Sue after placing him on leave. (e
- mail)
7/13/1 0 Bill had not contacted me on Monday, so Mary directed me to put him on leave. I
thought I had been directed to suspend him pending the filing of charges on 7/21. By the time I
heard from Dan, I had already written a letter placing him on administrative leave.
7/15/1 0 Mary micromanages disposal of auditorium seats in Capital Project, as scrap metal. The
district lost almost $2000 by doing this.
7/15/10 Communication from Brad Hamer, administrator, that the community was ready to go to
the press.
7/19/1 0 I inquired of Mevec and Cognetti as to the status of a custody inquiry I had asked them
to handle on 6/24/10. Sharon, the legal assistant requested that I send the documents again. I
still never heard anything. I ended up acting on it myself with no legal counsel involvement.
7/23/1 0 Mary e - mailed a request to meet and discuss personnel issues. No specificity.
Meeting set up for 3:30 on Friday, 7/24/10
7/26/10 Mary critical of use of NOVA NET, again Sue Gorton not involved. Mary made many
accusations, but I have documentation proving them to be unfounded.
7/27/10 Mevec sent me a letter. One directed me to make sure Bill Hamilton did not attend any
meetings as a representative of JE, and to collect all of his school owned equipment, etc. This
was three weeks before the board formally filed charges or acted on his suspension. The District
had taken steps to assure Hamilton and O'Hara (Bill's attorney) that he was not being disciplined
and that he was asked not to report to work while an investigation was being conducted into his
alleged behavior on several matters.
7/29/1 0 Mevec sent me a letter asking what I knew about a consulting company owned by Bill
Hamilton.
7/29/10 Mary had finished negotiating a new contract with Sue Gorton who will serve as Interim
Superintendent, effective November 1st. Public information bulletin released. Dennis O'Hara
has since asked for a NY Supreme Court Article 78 hearing on 9/28 because the board allegedly
conducted this business behind closed doors.
7/30/10 Board received a letter from community member/staff member expressing concern about
Board's perceived witch hunt. Board did not acknowledge it.
8/5/10 Two of our High School staff members were asked to report to the Attorney General's
office to speak to Nick DiMartino about alleged grade changes by HS Principal David Zehner.
8/811 0 Mary micromanaging textbook presentation by HS Principal. I had already handled the
matter.
8/911 0 We had received word that we were going to be audited again by State Comptroller on the
same areas as two years ago.
8/11/1 0 State Comptroller's entry meeting was held and management was excused for about two
hours.
8116/10 Mary cancels meeting with DS Bill Speck about Bill Hamilton's involvement in the
ROFS grant. Allegations need to be discussed, but our counsel advised against it.
8118/10 Board meeting - we spoke of the Policy Committee meeting scheduled for 8/25. Mary
stated she couldn't be there. I was asked to send an e-mail to all who were involved to see if
there was a better date. I did so, and only heard from Mary, who said to proceed without her. In
executive session, Sue shared her plan to hire someone to replace her. She entitled it a
Curriculum and Professional Development Coordinator. When Mary presented the idea of
appointing Sue as interim Superintendent, she supported it by saying we would not replace her,
but would give many of her duties to Janice Schue. I'm not sure what happened to that idea??
8119/10 Board acknowledged my request that my salary be frozen in this difficult economy.
8/23/10 Mary micromanaging a teacher certification issue.
8/25/10 On the afternoon of the 25
th
, VP Foote cancelled the Policy committee meeting.
Department Chairs and administrators had been invited and planned to attend.
8/26/10 I attended a NYS Supreme Court Article 78 hearing about whether or not Bill Hamilton
should be allowed to return to work. President Mary Alley, Internal Auditor Alicia Mattie, Dan
Mevec, and myself had signed affidavits and were prepared to testify. The proceeding did not
have a clear winner, and the judge asked for more documentation. We were not called upon to
testify. As we exited, Mary Alley began yelling at me saying that if I had filed the 3020A
charges, all of this could have been avoided. I had written a letter to Mary and Dan stating that I
did not have enough information on any of the issues and felt that a thorough investigation
needed to be completed before charges were decided upon. I had little or no direct information
on most of the issues in the charges, as the "investigation" had been done without my knowledge
or input. She continued her rampage until Frank Miller, our NYSIR attorney escorted her down
the hall. I still feel that many ofthe allegations are trumped up with no real evidence to back
them up. My moral compass would not allow me to file bogus charges and possible ruin an
innocent person's career. (See summary of this incident.)
9/1110 Board hired an additional attorney, Frank Miller, to handle all litigation. See minutes.
9/3/10 I was on family sick leave due to my daughter in -law's surgery. I was called by Dan
Mevec in the morning, and asked to meet him at Elbridge to discuss Dave Zehner. When I
arrived, Dan told me that Frank Miller, Mary Alley, and himself had met that morning and Frank
had encouraged Mary to direct me to suspend Dave Zehner immediately pending the filing of
3020A charges at the next board meeting. I was shocked that this would come with no warning
just before school was to open. The thought was that Mary Madonna could take over running a
500 student high school all by herself. We've previously had three administrators in that
building. And, there would be no time to work with the staff in a very complex situation. I said I
would not do it. Certainly I would have to know the charges, believe that they were valid, and
that we would have a chance of winning the case. I would not agree to put yet another
administrator on paid leave. Weare spending hundreds of thousands of dollars on this nonsense!
My assumption is that the charges they took to the Attorney General without telling me have
been found to have no merit. Why else would this happen now? I had already looked into the
charges and found no evidence of wrongdoing. Zehner does some objectionable things, but
nothing we could win a 3020A on. I also asked why they wouldn't want to wait and have the
interim superintendent, who would be in place in just a few weeks, do that?
Other notes:
All three district level administrators now live over an hour away.
Board seems to have it's own slate of replacements for administrators they don't like.
Romantic involvement of school attorney and a board member.
EXHIBIT "B"
AGREEM:ENT
BY A1\1]) BETWEEN THE
BOAlID OF EDUCATlONOF THE
CENTRAL SCHOOL DISTRICT
AJ>ID
1YJARIL\TN J. DOMINICK
SEVERANCE EVENT: Mrs. Maril1ln ], Dominick. (hereiJlafter referred to as Mrs.
Dominick" or "Superintendent") is employed as the Sup.erintendent of Schools by the Board of
Education of the Jordan-Elbridge Central Schoo] District (hereinafter referred to as the
"District".,. or the "Board", or "ReJeasec"),
WHEREAS., Mrs, Dominick and the District arc parnes to an employu1crlt agreement, covering
the period from july 1, 2DD5 tQ June 30, 2DIQ,amJas further atnended toe:Xlc11'd the 'period from
July 1,2007 throtigh June 30,2012 ("Employment Agreement"), and;
WHEREAS, certain irreconcilable differences have arisen between. the Board and Mrs.
Domini.cl<;,and;
WHEREAS, the DistricLandMrs. D0l'l11Jiickhuve m'Tived at ,a mutual understanding that it is ill
the best interests of the District and Jvirs. Dominick that the aforesaid Emplqyment Agremuentbe
tenninatedeffect'ive November 1,2010, certain terms and conditi.ons, and.;
WHEREA.S, the District has acted OJl .May E.-, 2010. to aocept Mrs, Dominick's resignatIon faI'
purposes of retirement,effectiveNovember t 2010; and
V\THEREAS, (1) ivfrs, Dominick has be:en represented by and has consulted with theappropiiaie
legalcounse1. of her choice;; (i1) has been given axeasonableperiod within which roconsider this
Agreement and general release ("Agreenlent"); and (ii1)understands that in executing this
Agreetnent she is,iitter alia, giving up any andaltrights and claims which she had or mf\Y have
had iIi Law or in .equity' under all federal, state, county or local statutes, laws,rules ann
regulations pertaining toernplo)'111erit,as well 'as any and all claims under tort law" or which were
or could have been alleged by her pursuant to l:heEm,ployrnent Agreement;
NOW, THEREFORE, in cbnsiderati0n of i,11e said mutual undei1:akings and promises contained
in this Agreernem and other good and valuable considerations. the parties agree and covenant as
foHows:
1. The above recitations of facts and circumstances set forl:bin all of the preceding "Whereas"
c1ausesare exprMsly incorporated herein and fonn a part of the terms afthis Agreement.
2, Mrs, Dominick hereby retires from the District effective November 1, ~ 10, Her irrevocable
letter of resIgnation, for purposes of retirement, is attached hereto as Exhibit "A".
3. In the event that the Board acts to terminate Mrs, Dominick's emplOylTlent prior to
November l, 2010, the effective date of her attached letter of resignation, the Board shan,
within thirty days of the date of Mrs. DomInick's separation from emp.loymcnt with the
District, make a lump sum payment to Mrs, Dominick in the amount of One Hundred Sixty
Fom Thousand Eight Hundred Eighty Seven. DoHars ($164,,887).
The Board shall not be obligated to compl.y with the terms of this paragraph upon a finding
of:
a.Gross NegHgence; or
b,Col1viction ofcamajor criminal offense,
If the Boar,clofEducatioli reasonably and with good cause believes that Mrs. Dominick hasbecn
grossly negIigent in11er duties, as defined in the Employment AE,rreement, the Board .may
convene an expeditedarbitTation before a mutually agreed upon arbitl:ator, who shall make a
final and binding decision regarding Whether or no!: Mrs, Dominick has been grossly negligent in
performing her duties as Superintendent of Schools for the District, as defined in110r
Employment Agreement UpOl1 a finding that Mrs, Dominick has grossly neglected her duties
defined .In her Emp!0ytnel1t Agreement, the District's obligations under this paragraph shaH be
extinguished in ali r.egards.
4. In consideration of her retirement &omemployment, the tenninatioD of her Employment
Agreement. effective November 1/ 2010 and the l'eleaseof an clai.'Us by her against the
District and other consideration recited in this Agreement, Mrsc Dominick shaH receive the
fonowing
B, Salary: For the year July 1, 2010, throllgh June 30, 2011, payments equivalent to
her salary at the rate of One Hundred Sixty Four Thousand Eight Hundred Eighty
Seven Dollars ($l64,887), pro-rated through November 1, 2010, paid 011 a bi-
weekly basis;
b. Retirement Incentive: The District shall make apayrl1ent of $82,444..00 into the
Superintendent's 403(b) IRe tax sheJtere.d annuity as a non-elective direct
employer contribution, without cash option, The payout for the Retirement
2
Incentive shall be made in installments, on a schedule created by Mrs, Dominick,
beginning on the first day of her dfective retirement, and to be concluded no later
than January 15, 201 I into the; Superintendent's Section 403(b) IRe Tax
Sheltered Annuity as a non-elective direct employer contribution. In the event the
District's contributions referenced herein should exceed the applicable annual
contribution limitation imposed by law, the excess amount shall be paid directly
to the Superintendent as cash subject to ordinary deduction 011 or after the
Superintendent's effective date of retirement
c. Payout: Upon retirement, the Superintendent shall be paid $25.00for each
accunmlate:d sick leave day.
d. Vacation Leave Payout: Upon retiremorit, the Superintendent shall be paid at the
rate: of 1I240
th
Cif her ourrent salary for each day she has accumulated at the time
her employment with the District terminates.
e, . Health Insurancei]) Retirernent: The Board will provide health and dental
insurance coverage under either an individual or family 11eal:t11 and dontal
.insurance plan (based on indiVidual/family statuli) for the Superintcl1dentand her
spouse, for the remainder of their lives; however the Superintendent's spouse
shaIJonfy be eligibleforsinglecovera.geshould hesuniveher. The District will
pay 100% of thepremiulD ,cost of the 'lppropriateinsurance plan for the
SupeJ:il1tende11tand85% ofthe premium costofthe,appropriate insurance plan for
the SuperintemLent:s spouse,
5. The parties agree that a mutua.l pubHcstatement, as attached hereto as Ex.hibit "B", shall
be released to the media and that neither the Board (individually and collectively) nor Mrs.
Dominick at that time or 1nfue future shaH make 01' cause to be made any damaging or
disparaging statements or comments, whether verbal or written, about the other party or Mrs.
Dominick's employment with the DIstrict or her retirement fwm employment. This shall not in
any way prevent Mrs, Dominick or the Board from explaining to her prospeotive or future
employers ina manner thesitttatiort leading to her separation. This section shan
notl.'\pplyto or in any way limit a party's obligation to respond to questions pClsed in a legal
proceeding or required to begivel1<in response to subpoena or other tega! process.
6. Th(j Board .acknowledges and will insure that there are no derogatGry materials or
documents relating to Mrs. Dominick in its personnelfik about Mrs. Dominick and that no such
comments or documents wUlbe placed in suchpe,rsonnel file in tbe future. Except in the nonnal
oow:se ofbnsiness.
7. The Board specifically agrees to continue to indemnify Mrs. Dominick, both individually
and in bel' capacity as anernployee of the Di.strict,lls required by her Employment Agreement
and by' law in any pending lawsuit, action, claim, complaint or Commissioner of Education
appeal against her andlor the DistTict in which she is named in her officialandlor individual
capacity for aotion taken as an employee ofthe District, within the scope of her duties or at the
direction offhe Board. Further, the Board agrees to indemnify Mrs, Dominick as required by her
Employment Agreement and/or the law in uny future lawsuit, action, claim, complaint or
Conunissioner of Education appeal filed against the District in which she is named in her official
anellor individual capacity for actions taken 1<S an employee of the District, withiu the scope of
her duties or at the direotil3u of the Board. Mrs, Dominick acknowledges her obligation to, and
agrees to, fully and completely cooperate in the defensedf any and an claims against the District
andlor subject to this defense and indemnity provision and agrees that she will voluntarily
answetllllquestionsand provide any and all testimonY,documents and other evidence she has in
cont1ection with any sudhc1aims.The DrstrictshaIl reimburse Mrs. Dominick for an reasflnable
and necessary expenses 1"01' trave1and lodging incurred in relation toanyolaim for which her
attendance is required. Mrs, Dominiok wiD he paid ifshe .Il1ust return to the District as necessary in
the defense of any daim, suit, action or legal proceeding bronght againstlVirs. Dominick or the District,
arising out of 11lcidents which occurred while Mrs. Dominick was acting within the scope of her
employment or under the direction oftne Board, at a per diem rate of 1f240
th
of her annw,II 20102.011
salary, Mrs.. Dominickaffmnatively represents that she has no knowl.edge of any threatened or
pending lawsuit, action, claim, com,plaint or Commissioner of Education appeal filed against the
Distriot in whiCh she is narned in her .official and/or individual capacity for actions taken as an
employee of the District, and that she has no knowledge of an.ything that she has done or fail.ed
to do that would result in sucbJawBuit, action, Claim or (;omplaint except that which the Board of
Education is aware of as of the date ofthisagreement.
8, 1v.l:r8, Dominick and the Board agree that this Agreement is subject to the.laws ofthe. State
of New York and may be enforced in any w'Urt, federal, state or local, having jurisdiction in New
York State, 1D the event either party commences an action to enforce this agreement and is
successful in such action, the prevailing party shall be reimbursed for reasonable attorney's. fees
and reasonable expenses the losing party.
4
9, Mrs, Domi.llick agrees that by signing this Agreernent,she will give up her right to bring
any legal claim against the DistTict of any nature, of which she is cUlTently aware. The daims
that she is giving up include, but are llOt limited to, claims related in any way, directly or
indirectly, to her employment relationsh1p with the District, including ber separation from
employment and the Employment Agreement. 1'h1'S Agreement is intended to be interpreted in
the broadest possible manner to include all actual or potential legal claims t11at she may have
against the Dist1l.ct, except as specifically provided otherwise in this Agreement.
Specifically, she agrees to and hereby does lully and forever release and hold the District
halTIlless from all afhor: legal rights and claims against the District, whether or not presently
known to her and including future legal rights and claims ifbased in whole or in part on acts or
omissions occurring berore s'he delivers this signed Agreement to the District. She agrees that
the legal rights and claims that she is' giving up include, but Erc not Iimiled ta,hor rights, f'any,
under the Employment Agreement and all State and federal statutes thatproteot her from
discrimination in employment. She alsoE\grees that the legal rights andc1aims that she is g;iving
/ up .indude her rights, if any, for unpaid wages or benefits under allState and federal statutes,
311e ,tgrees that the legal rights and claims that she is giving up 111cludeall common law right,
and claims. She also agrees that she is giving up and forever releasing any right she may have to
attorney's fees for any of the foregoing rights and claims.
Nothing in this release .shallbe construed to constitute a waiver of anyc1aims Mrs.
Dominick may have against the District and/or Board that arises from acts or omissions that
occur after t11e effective datoOfthisrelease.
She agrees that the release described in this paragraph applies 11oton1y to the District,hut
also to the DistrJct's related entities, Board members, officers, director$., agents, attorneys,
employees, Sllccessors,or assigns. She also agrees that this Agreement may he used as a
oomplete defense i.n the future if she brings any claim that she has released in the paragraph.
claims that she is giving 'UP al1d rdeasingdonotinclude her vested rights, if any,
unde.r any qualified retirement plan in which she.participates, her vested retiree benefits, if any,
arid her COBRA, unemployment compensation, disabIlity insurance and Worker's
Compensation rights, any. Nothing in this release shan be construed to constitute a waiver of
(i') any claims she may have .agaim:nhe Distdot that arise from acts of omIssions that occur after
th.e effective date Oft11is Release, (in her right to file al1ttdministrative charge with any
s
governmental agency concerning the termination of that employment or (iii) her right to
participate !J1 any administrative or oomt investigation, hearing or proceeding, She agrees,
however, to waive and release any right to receive any individual remedy or to recover any
ind-ividual monetary or non-monetary damages as a result of any such administrative charge or
proceeding. In addition, this release does not affect her rights as expressly created by this
Agreement, and does 110t limit her ability to enforce thisA.. grcernenL
10. Similarly, theBoard of Education, individually, collectively and on behalf oithe District,
agrees that by signing this Agreement it will and hereby does give up its right to bring any legal
claim against Mrs. Dominick of any nature, of which it is currently aware. The claims that it is
giving up include, but are notlimited to, claims related in anyway, directly or indite.otly, to Mrs.
Dominick's employment relationship with the District, including her separation from
enlployment, provided she was acting within the scope of her duties or at the direction aLtne
Board. 111is Agreement is intended to be interpreted in the broadest-possible manne-n to include
all actual or potential legal claims that it may have against Mrs, Dominick.
Specifically, the Board hereby releases and holds Mrs. Dominick, her heirsi successors
and assigns harmless from any ancial! claims, suits, actions or proceedings against Mrs,
Dominick, in regard to her employment with the District or the separation from employment
with the District, whicihit may now have against Mrs. Dominick, provided she was acting within
the scope orher duties oratthe direction of the Bo:ard.
Nothing in this release shall be construed to constitute a waiver ()'f any claims the District
and/or Board may have against Mrs. Dominick that arises from acts or omissions thritoccur after
the effective date oft1118 release,
] 1. Incompliance with the Older Workers BeneEt Protection Act, the parties expressly agree
tha:tthe following statements are t!!ie:
a.. The payments to Mrs, DominiCk are in addition to the standard employee benefits
and anything else of value which the District owes to Mrs. Dominick in connection with
her with the District on hel'separation from employment;
b.Mrs, Dominick hereby specifically and affirmatively waives her right of twenty
one (21) days to decide whether or not tosi6'11 this Agreement;
6
c, Mrs, Dominick will have seven (7) days after signing this Agreement in which to
revoke it, and this Agreement will not became effective or enforceable until that seven
(7) day period has expired; and,
d. Mxs. Dominick was advised in writing of b.er right to consult with her attorney
before signing this Agreement.
12, Mrs. Dominick acknowledges and agrees that she .has, prior to signit\g this Agreement,
consulted with an attorney ofherchoosingconcemingal1 of the temTS of this Agreement.
13. Whenever possible, each provision of this Agreement wm be interpreted in such manner
as to be effective and valid under applicable New York lam, but if any provision of this
Agreement is held to be prohibited by or invalid under applicable law, such provisions wUl be
ineffective only to the extent of suoh prohibiti011 or invalidity, v,ljthoutinvalidating the remainder
of such provision or the. remainingprovisions ofthis Agreement
14. This Agreement shall be binding upon and inure to the benefit of alia beenfoToeable by
the parties heretnand their respective legal representatives, heirs,Bucccssorsandassigns.
NOTARIZED SIGNATURES ON THE FOLLOIi1INGPAGE
SUPERINTENDENT BOARD OF EDUCATION OF THE
JORDAN-ELBRiDGE
CENTRAL SCHOOL DISTRICT
STATE OF NEW Y0Rt- )
COUNTY OF @n!1M,,!f,fJL )
--.rh v
On the .;6 day of May, 2010, before me, the undersigned, a Notary Public in and for said
State, personally appeared Mrs, Marilyn J. Dominick,.persona11yknown to me or proved to me
on the basis of satisfactory evidence to be the .individuaj whose name is subscribed to the within
instrument and ackn.owledgedto me that she executed the same in her capacity, and that by her
signature 011 the instrument, the individual, or the person upon behalf ofwhich the individual
acted,executed the instTU1Ilcnt,
STATE OF
COONTY OF IJf)afj dJ;.jdo../
,tel';..,
On t'l-re .bdayafMaY, 2010, p,et'Qre me, a Notary forsaid,
State, personallyappearedrt1(kl:''1 /1.t!f:J1, personaI1y knO\\'!l to me orpl'Oved to me on the baSIS
of satisfactory evidenoe to whose'name is subscribed to the within instrument
and aokn.owledged to me that he executed the same in his capacity, and thatby his sigmlture on
the instrument, the individual, or t110 person upon behalf of whi.ch the individual acted, executed
the instrument. n ..' ...12 h
I
i 'Notm;y Public
.' . dE/liNITt&; [\Ie BROCK
Nat1lf}t Pabtie, State of Nevu' '1m'1<
No. (J1t1R5049071
.). ...,
C,r:>lJ1mISSfon E",pwes::;0pL 5.d&L:/
EXHIBIT "C"
10/01/2010 13:24 315-571-1187 HON DONALD GREEH(,IOOD PAGE 02/10
At 9. Motion Tenn of the Supreme
Court of the State of New York,
held in and for the County of
Onondaga on September 29, 201.0.
PRESENT: HON. DONALD A. GREEN'\VOOD
Supreme Court Justice
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
STEPH.EN CrOTOLI, ESQ., OF O'HA...t:tA, O'CONNELL & CIOTOLI
For Petitioner
In the Matter of DAVID ZEHNER,
Petitioner,
v.
THE BOARD OF EDUCATION OF THE JORDAN-
ELBRIDGE CENTRAL SCHOOL DISTRICT and
SUE GORTON in her capacity as Assismnt
Superintendent of Instruction and as the purported.
Interim
Respondents:
Pursuant to Civil Practice Law$ and Rules, Article 78
APPEt;.RANCES:
DECISION AND ORDER
ON MOTION
Index No.: 2010-4926
RJI No.: 33-10-4203
FRA.NK W. MILLER,ESQ.\ OF THE LAW FmM OF FRANKW.
MILLER
For Respondents
This petition is brought pursuant to CPLR Article 78 and alleges that the
Board of Education of the Jordan-Elbridge Central School District (hereinafter "the Board"),
violated the Open Meetings Law on July 21,2010 when it appointed respondent Sue Gorton as
Interim Superintendent in Exec.utive Session. According to the petition, the agenda published for
that meeting did not make any reference to the topic of <!t Superintendent search or the
appoint:l:'rient of an Interim Superintendent of schools, On July 30, 2010, the Board issued a
10/01/2010 13:24 315-E,71-1187 HON DOHALD PAGE 03/1[1
public infonnati011 bulletin to the schc:>ol community, stating that "[t]he Board has decided to
appoint as Interim Superintendent, Ms, Sue Gorton effective November 2010. In order to
ens.ure a seamless transition, Ms. Gorton will begin working this summer on District-wide
matters with :Mrs. Domimck." Marilyn Dominick is the current Superintendent, who is
scheduled to retire on November 1, 2010. Thereafter on August 3, 2010, petitioner's counsel
notified the Board by letter that the appointment of Gorton was in violation of the Open Meetings
Law and that it was not property noticed on the meeting age:nda or discussed in open session. No
response was received and the Board's minutes from August 4, 2010 and August 18, 2010 show
that no discussion was held at either meeting "With respect to this issue.
The petitioner seeks an order of tbis Court declaring that the Board
l
s actions to appoint
Gorton as Interim Superintendent while in Executive Session violated the Open Meetings Law
and is therefore null and void; that there is no statu.tory basis for the Board's action purporting to
appoint an employee to the position ofInterim Superintendent 'lVitbout a public vote or
discussion and that the acnon is therefore null and void as being ultra vires, arbitrary, capricious
and an abuse of discretion; and that the Board is to refrain fn,:ml any further violations ofthe
conditions and requirements of the Open Meetings Lawand Public Officers Law. In addition,
the petitioner seeks casts and reasonable attorney's fees,
I. Standing
The Board argues that the petitioner lacks standing to bring this action inasmuch as he
does not fall within. the zone of interest protected by the statute. See, Society ofPlastics Indus, ",
Coun(ya/Suffolk, 77 NY2d 761 (1991), The standing of a party to seek judicial review of a
claim or controversy is a threshold matter which must be resolved by this Court before the merits
2
10/01/2010 13:24 315-571-1187 HON DONALD GREENWOOD PAGE 04/10
of the appHcation may be considered, See, id. The Court of Appeals has noted that the Public
Officers Law states in part that"[eJvery meeting of a public body shaH be open to the general
public." Gordon v, Village q(Monticello, Inc., 87 NY2d 124 (1995), quoting, Public Officers
La14' 103. It further emphasized the Legislative preamble to the statute \vhich states "[iJt is
essential to the maintenance of a democrat.ic society that the public business be performed in. an
open and public manner and that the citizens of this state be fully aware of and able to observe
the performance of public officials." Id, This mLlst be di.fferentiated from cases involving
environmental harm, where the Court of Appeals has acknowledged the imposition of standing
barriers because such litigation "can generate interminable delay and interference with crucial
government projects:' Save the Pine Bush, Inc, v, Comma!'; Council ojCity ajAlbany, 13 NY3d
297 (2009\ quoting, Society ofPlastics, supra, In the present case, the petitioner, a member of
the general public, a district ta,'\{payer, and employee of the sohool district, clearly has established
that he is in the zone of interest that the Open Meetings Law is d.esigned to protect. Moreover,
and most he was in attendance at the meeting in question when the Executive
Session was called and the public. was excluded and he is a member of the citizenry aggrieved by
the alleged violation, See, Sanna v, Lindenhurst Board ofEducation, 85 l\.D2d 157 (2d Dept.
1982). As a lawful attendee of the meeting in question, the petitioner is an aggrieved part)' and
has standing to challenge the school Board's activities. See., id.
l
Inasmuch as the petitioner has
standing to challenge the Board's actions, the merits ofthe petition may be considered.
t Moreover, where a oourl:'s decision to deny standing would effectively insulate the
government's action from judicial review, a court has discretion to find that standing exists. See, Rudder
1
J
Pataki,93 NY2d 273 (1999), citing, Boryszewski v. Brydges, 37 NY2d 361 (975),
:3
10/01/2010 13:24 315-571-1187 HOH DOHALD GREEHlJ.)OOD PAGE 05/10
II. The Motion to Adjourn to Executive Session
The Open Meetings Law "was intended as its very name suggests - to open the decision
making process of elected officials to the public while at the same tim.e protecting the ability of
the government to carry out its responsibilities." Gordon v, Village ofMonticello" Inc., 87 NY2d
124 (1995); see also, Public Officers Law 100 et seq. The Legislature stated in its preamble to
the statute that "[i]t is essential to the maintenauce of a democratic society that the public
business be performed in an open and public manner and that the citizens of the state be fully
aware of and able to observe the perfonnance of public officials." 1d, quoting, Public Qf(icers
Lavp 100. The provisions ofthe law are to be liberally construed in accordance with the
statute's purposes. See, Matter ofOrange County Publications v. Council ofCit)! ofNewburgh,
45 NY2d 947 (1978).
Pursuant to the Education Law, meetings of the board of education must be open to the
public, but boards may hold Executive Sessions at which sessions OnI)T the members of such
boards or the persons invited shall be pre..<;.ent, See, Education Lar!! 1708(3). The procedure and
substance ofthose sessions is subject to the limitations of the Open Meetings Law. See, Previdi
v. Hirsh, 138 Misc.2d 436 (199&), citing, Public Officers Law 100 to 111. In fac4, pursuant to
the Open Meetings Law, a public body may conduct an Exec:utive Session only for certain
limited purposes and the enumerated instances for convening an Executive Session. represent
exceptions to the general rul.e of opermess; these topics are circumscribed by statute and must
therefore be narrowly scrutinized. See, Public Officers Lmv 105(1); see also, DaiZv Gazette Co.,
Inc, v. Town Board, T(.lwn ofCobbleskill, 111 Misc.2d 303 (! 981). Eight purposes arc
enumerated in the statute, See, id, As this Couti has previo'Ulsly noted, the thrust of the, Open
4
10/01/2010 13:24 315-E,71-1187 HON DONALD GREENWOOD PAGE 05/10
Meetings Law is "the performance of pUblic business in an open and public manner with the
public able to attend and listen to the deliberations and decisions that go into the maldng of
public policy." See, Brander v. Town o.fWarren Board; 18 .'Misc.3d 477 (2007), quoting, Matter
L?fSciolino v. Ryan, 81 AD2d 475 (4
th
Dept. 1981). This Court therefore i,s requixeo to
I'scrutinize the propriety of executive sessions lest, the...mandate be thwarted by thinly veiled
references to the areas delineated thereunder." Id, citing, Gematt Asphalt Products, Inc. v. Town
afSardinia, 208 AD2d 139 (4
th
Dept. 1995).
The Board violated the Open Meetings Law in several ways. First, the Board failed to
give a sufficient reason for adjourning to Executive Session. The minutes from the July 21, 2010
Board meeting indicate that the Board adjourned to Executive Session for four of the eight
enum.erated purposes, as copied verbatimfrom the statute. See, Public Officers La:v,J 10S. No
further information was provided. However, this is insufficient. VVhile any motion to go into
Executive Session must identify the general area to be considered, it is insufficient to "merely
regurgitate the statutory language...this boHer plate recitation does not comply with the intent of
the statute." Daily Gazette, su-pra. Instead, to validly convene an Executive Session for
discussion. the public entit'y must identify with particularity the topic to be discussed, since- only
through such identification will the purposes of the Open Me:etings Law be realized. See, id.
Therefore, the Board was required to be more specific in its resolution and its failUre to do $6
constituted a violation of the Open Meetings Law.
5
10/01/2010 13:24 315-571-1187 HON DOI'-iALD GREENI;JOOD PAGE 07/1B
In. Discussion in Executive Session
The Board also violated the law by discussing the issue of the Superintendent search in
Executive Session. Board President Mary Alley, in her affidavit, acknowledges "discussing and
addressing the issue of a search for a new Superintendent" Alley affidavit, Paragraph 6. There
is no exception for this type of discussion in the Open Law to take place in Executive
Session. This is precisel.y the type of issue that is required to be discussed in an open meeting. It
is a policy discussion. by the Board, which is not a legal matter for Executive Session. The
qualities and qualifications that the Board is seeking in a Superintendent, as well as the process
which it intends to utilize, are matters for public observation in a public meeting, The ability to
adjourn to Executive Session is a statutory exemption on the facts of this case, to
discussing the prospective appoit:Itn:iertt of a particular individual. It is a separate step that the
Board may consider if it truly needs to address confidential matters about that individual and is
not to be used as an. all-encompassing exemption. The appointment process must not occur
behind closed doors. Therefore, by discu.ssing the search for a new superintendent in Executi,ve
Session the Board violated the Open Meetings Law.
IV. Appointment of Respondent Gorton
This Court must next detennine whether the Board violated the Open Meetings Law by
appointing respondent Gorton as Interim Superintendent. The Board has submitted affidavits
from Superintendent Dominick; School Board President Alley; and Gorton herself, all denying
that a formal appointment was made. Respon.dents argue that the petition is therefore, prem.ature.
This Court d.isagrees, The act of discussing and coming to a consensus in Executive Session; but
not passing a fOrnlal resolution, docs not shield the Board from a violation of the law. The Open
6
10/01/2010 13:24 315-571-1187 HON DONALD GREENI;JOOD PAGE 08/10
Meetings Law was designed to assure the public's right to be informed and it is the entire
decision making process which the Legislature intended to llffect by the statute, not OfJly fOJ:JJ.1al
acts of voting or formal executions of documents. See, OftIng!? County Publications., supra. The
aforemention.ed affidavits were prepared only for this litigation and attempt to recast the facts.
The Board, through the Superintendent, the duly appointed agent pursuant to its own rules,
2
issued a public inf6nnation bulletin on its official website advising the public that .it had
appointed Gorton as Inted.m Superintendent. The Board now argues that this was merely a
mistake that the publicity "got ahead of" the formal action. However, it was on.ly during the
course of this litigation that the Board has recanted the statement and it has taken no action
dir.ectly or through its Superintendent to correct the purported nppointment.
3
The process has
now been tainted and suggests to the public that there will be no deliberation or discussion.
because the outcome has already been determined, v.tith the public vote being a mere formality.4
Inasmuch as the Board members participated in a private meeting with a quonnn of Board
members present, where topics for discussion and eventual are su.ch as would athervvise
arise at a regular meeting occurred, the Board has 'Violated the Open Meetings Law. See, id.
V. Remedhts
Pursuant to the Public Officers Law, the petitioner may seek a declaratory Judgment and
injunctive reliefwlth r.espect to the alleged \iiolations. See, Public Officers LIDI/ l07. This
2 See.. Jordan-Elbridge Central School Boaldponcy 4320 "Superintendent-Board of
Education Relations"
3 The Board met on two subsequent occasions and the option of a special meeting was also
available to it.
4 As of the date of this Decision, the Board has posted on its website that "[t]hc Board of
Education wJll be appointing Susan Gorton...as Interim Superintendent while we conduct our search."
7
10/01/2010 13:24 315-571-1187 HOH DOHALD F'AGE 09/10
Court is empowered, in its discretion, upon good cause shown, to declare any action or part
thereof taken in violation ofthe Open Meetings Law to be void in whole or in part. See, id.
Given the unique circumstances of this case and the good shown, this Court, in its
discretion. hereby declares void any act of the Board which purported to name respondent Gorton
as Ioterim Superintendent.
With respect to the petitioner's request for attorney's fees, not every violation ofthe Open
Meetings Law automatically triggers its enforcement sanctions; an award of attomei s fees
should not be, granted by courts to the prevailing party simply as a matter of course, See., id, This
Court agrees with the petitioner that he should have not have been required to go to court to
enforce tbe law and that he is now further aggrieved by incurring attorney's fees, While the
Board has violated the Open Meetings Law in this case, the appellate courts have set a high bar
for the recovery of attorney's fees and the petitioner has failed to esta.blish in the record before
this Court. "a persistent pattern of deliberate violations" of the Open Meetin.gs Law, Reese v,
Daines, 62 AD3d 1254 (4
th
Dept. 2009), quoting, Matter v. EQard ofEduc, Of
Greenburgh Eleven Union Ptee District, 244 AD2d SS2 (2d Dept, 1997). Nor does the record.
establish "obvious prejudice" to the petitioner as a result ofthe Board's intentional and deceitful
conduct." See, Gordon.. supra.
NOVV, therefore. for the foregoing reasons, it is
ORDERED AND DECLARED, that upon good cat.1se Shov.rn, that any purported action
by the Board that appointed respondent Sue Gorton as Interim Superintendent violated the Open
Meetings Law and is therefore void, and it is further
8
10/01/2010 13:24 :::15-E,71-11 E:7 HON DONALD GREENVJOOD PAGE 10/10
ORDERED, that the petitioner's request for costs and reasot'labl.e attorney's fees
pursuant to Public Officers Law 107(2) is denied.
Dated: October 1,2010
Syracuse, New York
D ALD A. GREENWOOD
Supreme Court .Justice
9
EXHIBIT "D"
!QRDAN-ELBRIDGECENTRAL SCHOOL DISTRICT
Internal Memo
DATE:
FROM:
TO:
COPY:
SUBJECT: & r""nc.tti
On I expressed concerns to you regarding the Mevec & Cognetti's invoice for
services provided in April and more generally a growing concern that legal expenses were well
above budget. See attachments A and B. I also offered recommendations on how to proceed
going forward.
We subsequently talked and agreed
were hours that you or I
We point to
Bill Hamilton
From:
Sent:
To:
Attachments:
what fwanted to
start hitting. You
the
Bill
Internal Memo
FROM:
TO:
COPY:
Marilyn,
I am writing this memo to you to
proceed.
Hours Billed Greatly Exceed Deliverables. a competitive hourlyrate
number of hours billed over the lasttvvo years far.inexcess ofon-time deliverables rec:elveo.
For example, MC will have billed over 12hoursio review the OMNI 403b Third Party
Administrator (TPA)contract.OMNliis the largestand most reputable providerof403bTPA
services in the country. To beonthephonearguingwithOMNl's attorney for nearly three
on points that are commonplace in this space is either an attempno build up hours or use
District's money to learn onhow 403b TPA services work. It isexcessiveeithefway, Me's
persistence on thephonenearlycausedOMNlto say it not do business with
It is always takes weeks for MC torespond to reqUests toreviewcontracts and other
documents; inmost cases, only after repeated requests. Moreov.er,the"opinionletter"formatof
Me's reviewsessentiallyput the onuS next steps back on the District OncelaskedMCto
speak directlywithGHDregarding MC'sconcernswith the contractfortheseptic system. lin
turn received. a scolding ernail saying, "lfyou want GHD to b.eyourattorney,
Another exampleis regarding capital. project services. MChasbilled$25,582.56 (205 hours)
since July 1, 2008 on matters specific to the capital project Wehaveverylittie to shoW for it In
fact, we recently had to obtain expert counsel for the capital project to make sure our contracts
are in order. in just a few hours expert counsel provided the valuableinforrnation
and specific direction. MCwould have spent many will
have to piok upa large portionof this tab. We will not pass
spending whenafinalbost review is done by the state.
concerns Me 01
Another recent example is getting subdivision maps stamped. The Town of Flr\ririlnp Ok:''''''n,..,
Committee directed the District to get Onondaga County to stamp subdivision maps
approved the Planning Committee. Next I know MC's legal counsel is spending
to the One our
Lack of Accountability.
we
You have said you have not requested many (.most) ofthe services
is why we have had the President ":lnr,rn\.fO
o0522 concon15 2
1
o
18
B o
pay for
over
wOMNI
No
c!1anues 10 contract
Filename: lel;lal(:ll(Jrgealllo(;,xls
WorkstmHt:
B
17 invoiceDate
18 HI\t1IJilli-'lt::
19 Account
20 A 1420.00 000.00442000000
21 H.2110.00.602.00240.009011
22 H.211000.601.00240.001008
23
24
25
26
27
28
29
Filemalme: legalchargealloc.xls
c G
Total
7,67354
93206
0.. 00
0.. 00
8,60560
Jordan-Elbridge Central Schopl District
May 19,2010
Page 2
in Niagara Mohawk Power Corporation vs. Town of Camillus, et al
tax certiorari case. Interoffice conference ret ethical considerations
Niagara Mohawk Power Corporation vs. Town ofCamillus, et al.
case. Draft, review and revise correspondence ret ethical considerations
Niagara Mohawk Power Corporation vs. Town ofCamillus, etalease.
Travel to and from District Office. Attend meeting with Client ret
Administratof.< Receipt and reviewelectronic correspondence ret
contract review date. Receipt and review of several pieces of electronic
correspondence from Client ret student enrollment, employee issues,
student matters, grade changes and audit. Draft, review and revise
correspondencere: Niagara MohawkPower Corporation vs.. Town of
Camillus, et al settlement.
Receiptandreview of electronic correspondence. from Client.re:
contract. Receipt and reviewof electronic correspondence ret
use of realtor and bidding requirements. Telephone conference with
Attorney ret Special Education matter. Review files for Agreement.
Draft, review and revise correspondence to Client ret Special
Education Hearings Settlement. ret service contracts and
bidding requirements.
Receipt and review of electronic correSpondence from Client ret
student enrollment. ReviewState Education Department publication
attendance and student enrollment. Review information from Auditor
re:employee meeting preparation. Telephone conference with Attorney
and Client re:employee meeting. Draft, review and revise correspondence
re:contract negotiations. Attend meeting with Client, Attorney, employee
andUnion Representativere:.employee issue.
Receipt and reviewof ernployeecontract.
correspondence ret employee contract. Receipt ofelectronic
correspondence from Client re:Policy. Travelto and from
Board meetingre: subdivision meeting. Telephone conference with
Client re:State Education Reporting. Review.file forl'equested
information. Draft, review and revise correspondence with reclue;ste:(l
Reviewfile. and prepare for .subdivisionll1eetingat
statutory resean:h re:
Telephone re: emplo:yee dlsclp'l1nc,
Telej:lho,ne conference re: resolution.
Research 3020-a caseJaw
cocunitv contract.
~ n l i m l contract.
EXHIBIT "E"
Dated:
RE:
Last week of June 2010
Telephone message from Mary Al[ey, Board of Education
Message forwarded
Saturday, May 14,2011 at8:12a.m.
Hi, Paula, it's Mary. You know I have been trying to get this information
gathered for the contracts, and I realized with Bill going out the door whether he wants to
or whether he goes nicely or harel, really what I need to do is basically write a contract for
you to be the business official at Jordan-Elbridge. But, so anyhow, I guess my questions
is do you have a contract from Bath that had some things written out the way are .. I know
you had some offers from Bath but I just wanted to know if you had a contract from Bath,
if you are willing to share that with me, if your not, that's okay. But I just thought it
would be a good jumping off point for the Board, well not for the Boarcl,just for this little
committee that I've got working on your contract and Sue's. It would probably be a little
I1Wll'e fair ancl equitable than trying to start.. from.... your .. Directorof .. Qpymtjgn.'sC;S)11tragt
which is really not what you are going to be doing here, hopefully the next week.
So, anyhow, if you can just - you don't even have to call me back, I know you are
really busy, but just if you want to shoot me an email when you are hooked up to a
computer or whatever that would be great. Okay? So, I am going to try and meet
tomorrow to work on contracts so if you have a minute to do that, that would be great,
and I don't think I have a copy of Bill's contract either, if you sent that to me - I wfll go
back and check, but if yOll haven't, I need a copy of Bill's too. All right, sorry to be
asking for all this in the middle of a move, but I want to get going on it too. So, all right,
hang in there. Bye.
Dateel:
RE:
November 4, 2010
Telephone message from Mary Alley, President, Board of Education
Hey, Paula, its Mary. I just want to tell you I just met with Frank Miller and to clean up
some minutes to get them approved for October and I just wanted to let you know that
Frank isn't ready to roll over on this thing with Bill Hamilton and I ... Ijust... you know 1
guess that maybe that kinda of the impression last night that he said ... you know....you
know... in the worst case scenario, even if Bill comes back, we will define what his duties
will be and he said... you know... if he is not happy with his duties that we give him, then
hey, yOll know, then we go and we duke it out in the court, but he said - uh " you know
don"t _. I told him that I thought that the Board was getting down about this -- the thought
of Bill of coming back is just a really bad thought for all of us and I know especially for
. ....... .. ..-...' .............
you too.
EXHIBIT "F"
JORDAN-ELBRIDGE CENTRAL SCHOOL DISTRICT
District Office: 130 East Main St., Elbridge, NY 13060' Mail: P,O, Box 902, Jordan, NY 13080
T: (315) 689-8500' F: (315)689-0084' www.jecsd.org
Marilyn J. Dominick
Superintendent of Schools
(315) 689-8500 x5001
[email protected]
Summative Administrative Evaluation
WilliamE. Hamiltoll, Assistant Superintendent for Business & Finance
School Years 2008 -10
Bm Hamilton is responsible for administering all non - instructional programs for the
Jordan - Elbridge Central School District. He has a passion for excellence and consistently
works hard to ensure that the best possible support systems are in place to ensure an
excellent education is to every student. This evaluation will cite several broad
areas and his work within those areas.
Oversight of Financial Operations:
Bill spends significant time overseeing and analyzing the finances of the District. He continually
tracks all funds, carefully deciding how money will be best spent to benefit our students. Bill
monitors procedures to make sure auditors' recommendations are followed. He communicates
any changes that need to be made in how things are done so that those impacted have a clear
direction. Bill does an excellent job ofmaking sure the dollars involved are translated into
improvement in student achievement. Bill has completely overhauled the Chart of Accounts to
improve tracking of how money is allocated.
In conversations with the Auditor from the State Comptroller's Office, it was noted that JE's
audit was one of the best to date in terms of nominal fmdings and proactive st.eps being taken by
the District. In addition, the Extemal Audit process for the past six years has produced
unqualified (excellent) audits every year.
Bill has significantly improved the process of anticipating revenue. Instead of relying on state
aid runs from Albany, Bill knows how to compute the state aid formulas to derive an accurate
projection of what we will receive. This has allowed the District to improve the budget process
and the overall fmancial state of the District.
Bill implemented a semi - monthly pay system to on July 1,2008. Every employee is now paid
in real time, instead of pre - paying as we had done in the past. oftbe new system, Bill
oversaw the installation of an electronic time keeping system, elimimiting the inefficiency of
time cards filled out by workers. The new system avoids IRS and potential tax penalty issues
and significantly reduced the labor needed to process time cards. The increased ability to
manage hourly employees' time means a significant savings to the District.
Bill instituted a central receiving and warehousing for the District, which has resulted in
improved inte111al controls and a significant reduction in the time it takes to pay bills. Central
Store (SchoolDude) is used every day for teacher and office supplies. This drastically reduced
the number of purchase orders done individually by staff. In addition, Bill implemented
purchasing tln-ough a bid service, Educational Data Services (Ed - Data) that has resulted in 25%
- 75%savings for major supplies.
Oversight of Technology Services:
Bill has implemented a new state of the art financial software system to replace the outdated
integrated system previously in use. This has enhanced the ability to perform analysis and run
reports. The efficiency of the Business Office is greatly improved as a result.
Bill has worked with Technology staff to oversee the installation of fiber optic cable between the
District's tln-ee campuses. He coordinated the lease through BOCES to maximize aid through e
- rate and BOCES.
Bill oversaw the installation of a state of the art voice over IF Cisco phone system, again
coordinating through BOCES to maximize e - rate and BOeES aid.
Oversight of Human Resources:
Bill selected and implemented a web based product that manages all persOlmel information.
Web Sense has allowed employees to access their own HR information and has improved office
efficiency al1d productivity, while making infolmation available to staff 2.4/7. In addition, he has
placed many frequently used forms on Web Sense for easy access and completion.
Oversight of Food Service Operations:
After careful analysis of our District operated food service program, it was found that the District
was losing approximately $100,000 per year in that area. Bill showed courage in working with
the board to move to a contracted service, resulting in an annual profit of over $100,000. All
reports indicate that we have made significant improvements in food quality, installation of point
of sale system, on - line accounting for parents, and as a result, increased free/reduced meal
participation. Sales have increased as a result of these improvements.
Oversight of Transportation Operations:
Bill was able to negotiate an unprecedented contract with bus drivers. Salaries were improved
for the employees, and the State Aid reimbursement was greatly improved for the District. Over
time, this will mean millions of saved dollars for the District.
Bill oversawthe installation ofTransFinder software to improve bus routing. Service has
. markedly improved as a result. We were able to reduce the number of traveled miles by 20%,
saving significant costs.
Bill implemented a bus replacement schedule that would maximize Transportation Aid on bus
purchases and ultimately keep all buses under warranty, significantly reducing
repair/maintenance costs.
Oversight of Facilities:
Bill has worked with two Directors of Operations to re - organize building and grounds staff atld
hiring/firing practices. The result has been greater productivity, beautiful buildings, and very
good morale among employees.
Oversight of Capital Projects:
Bill led the analysis and development of a plan for a much needed Capital Project, which was
approved by the voters in December of2008, in a time of great economic uncertainty. Bill was
instrumental in all communication with the public, including facilitation of many meetings with
stakeholders, and the creation of public infonllation documents.
Currently, Bill facilitates both the Athletic Facilities Planning Committee and the more
comprehensive Board created Facilities Committee.
Community Relations:
Bill is an effective ambassador with our municipalities and commtmity organizations. He readily
seeks out opportunities for those groups and the District to work together to grow the tax base,
and benefit the community in many ways. He has written a shared services grant for the Town
of Elbridge and our two villages. Although the grant was not funded, the plan for marketing our
community is sound. Bill has a clear goal to bring new businesses to the area, increase housing
starts, and develop the area's economy_
Professio{lal Growth:
Bill completed the SUNY Oswego Superintendents' Development Prof,'Tam to increase his
administrative knowledge and preparation for a future Superintendency. While enrolled in that
program, he took a leadership role in facilitation of workshops and providing resources.
Additional Accomplishments:
Bill is a frequent presenter at conferences and meetings. In November of2008, he presented at
the International ASBO Conference in Denver on work done and lessons learned to consolidate
accounts payable and payroll functions across districts through our BOCES Central Business
Office. Bill was the major force in making the CBO a reality> saving the District and others
many thousands of dollars. Bill chairs the CBO Steering Committee.
Bill wrote and was awarded on behalf of the Cayuga Onondaga BOCES> a Local Government
Efficiency High Priority Plmming Grant for $50,000 to conduct a Regional Operations
Feasibility Study. He currently chairs the Study Group that includes area superintendents and
business officials. He has conducted numerous analyses and managed stmi up and completion of
a Regional Transportation Study, Regional Institution White paper, Cynosure Regional Human
Resources Study, regional purchasing analysis, out of state site visits, and extensive repmi
writing.
Bill facilitated the creation of a Public Relations system for the District, including the website,
the new logo, and the oversight of a public information aide position. OUf communication with
the public has been greatly enhanced through his efforts.
Bill chairs the School Business Officials Committee for districts in our BOCES region.
Bill is a Board Member for the self- umded Cayuga Onondaga School Employees' Healthcare
Plan. He completes analysis ofpricing and cost saving measures for this group.
Bill has served as a Trustee for the NYS Public Trust Workers' Compensation Plan.
Bill makes many presentations to the Board, employee groups and various community
stakeholder groups. He has a relaxed presentation style, but always speaks with passion about
making our learning community even better.
Bill frequently mentors new Business Officials in the area. He has also supervised three
intemships from the SlJ]\;T)' Brockport School Business District Leader program.
Recommendations:
1. Improve communication between yourself, the Board of Education and myself. Often,
your progressive style causes you to move ahead without thoroughly briefing us on your
plans. You have shown significant improvement in this area in recent years, but I
encourage you to keep it as a priority.
2. While you have made tremendous strides for the district in, thenegotiation of the drivers'
contract, there are hard feelings about the current round of negotiations with Local 200D.
The changes that you have recommended in that contract have not been received well and
there are those who CanJ10t get past those feelings. I recommend that you work on
planning changes out over time so that labor units are open to making progress. Putting
too much change on the table has caused less progress to be made.
3. Carefully review the reports to the board coming from the Business Office to make sure
they are an accurate reflection of where the district stands fiscally. For example, during
bUdget work this past year, the unencumbered balance in the Treasurer's reports changed
drastically from report to report, making it difficult for the budget committee to plan for
2010 -11. A $700,000 swing should have been explained so that board members would
not feel that we had more funds than they were led to believe.
Conclusion:
Bill Hamilton is an extremely valuable asset to the Jordan - Elbridge Central School District
Learning Community. He has consistently acted in the best interest of the learning community,
and is very supPOliive of District initiatives. He has a passion to continually improve systems
and has excellent leadership skills to move all members of the learning community toward their
goals. I appreciate all Bill does for OUT students, families and staff
o
Marilyn J. Dominick Date William E. Hamilton Date
EXHIBIT "G"
JORDAN-ELBRIDGE CENTRAL SCHOOL DIS:TRJ[CT
REGULAR MEETING Mll\'UTES
WEDNESDAY, JAi'lUARY 16,2013 @ 7:00 PM
BOARD MEMBERS PRESENT (via ron call)
Mr. Richardson, President
Mr. GalIam, Vice President
Mr. Fried
Mrs. Long
Mrs.ZeHas
BOARD MEMBERS ABSENT(via ron call)
Dr. Jorolemon (Excused)
ALSO PRESENT
James Froio, Superintendent of Schools
Bernadette Sica, School DistrictClerk
Janice Schue, Assistant Superintendent for Instrw:Jticfn
Mary Madonna, Interim High School Principal
Ellen Leuthauser, Elbridge Elementary Principal
Joseph Coleman, Interim Business Admi.nistrator
Cordell Rogers, Student Representative
Christian Marrero, Student Representative
Audience also inc1udedpastand present
Marrero shared
winter sports
following week.
were picked to showcase
College.
1
JORDAN-ELBRIDGE CENTRAL SCHOOL nTlJTI)TC'T
REGULAR MEETING MTh"'UTES
WEDNESDAY, ,JANUARY16,2013 @ 7:00 PM
asked
Advocacy Workshops,
Presentations!Administrative. Reports
Mrs. Leuthauser introduced
Iead Elbridge Elemental')' studemts
were attmding any of three
a slid(esholw pl'esentaltion
Mr.
Public Comments
detailed power
Several board members asked qu,estl!Ons.
following aucheilce mernb,er
David.Zehner
Receipt of written 9uestions/comments
were no
Approval ofMinutes
Motion by Mrs,. Zelias
recommendation the SUjJerintemdent
Jordan-Elbridge Central
held December
2
CENTRAL SCHOOL
REGULAR MEETING MINUTES
WEDNESDAY, JA...NUARY 16,2013 @ 7:00 PM
vaH<UV and Seconded
The Superintendent of Schools recommends the Board
Elbridge Central School acknowledge receipt
Special Education Determinations:
(Il Committee on SpeciaJ Ednc2ltioJl
2678, and 2574
Superintendent
Central
Per Diem SUbstitute Lists:
Cathy
12/21/12
* Emergency start
The Superintendent of Schools recommends that the Board
Jordan- Elbridge Central School District approve the Accounts Pllvllihl" '<.JHun:l3
Auditor Report for the month of December.
Education
Claims Audit
The Superintendent Schools recommends that
Elbridge Central School District accept the
report for payroll period 11/15112 and 12/14/12.
The Superintendent of Schools recommends that the
Jordan- Elbridge School District accept
Agreement between Angela Miller, the Jordan-Elbridge
Jordan-Elbridge Central SchooLDistrict.
of EdllcatJion
of Paul
Supermtcn<::Icnt of ::scn,oOIS rec<)mrnends
Motion 6-0-0,
3
JORDAN-ELBRIDGE CENTRAL SCHOOL
REGULAR MEETING MThlJTES
WEDJ"'tI'ESDAY, JANUARY 16,2013 @ 7:00 PM
Items for Board Action
Motion by Mrs. Zelias and Seconded by Mr. Gallaro, BE IT RESOLVED,
The Superintendent of Schools recommends that the Board of Education of the Jordan-
Elbridge Central School District, that upon the Superintendent's recommendation
and subjcct to the applicabie Civil Service Law and Rules, the Board of Education
hereby appoints Jade Hotchkiss to the position of Custodial Worker I, in the Labor
Civil Service position, .at an hourly rate of $12.38, for 2,080 honrsper year
over actual time worked, in tbe Local 200 United group, with a 52 week
probationary appointment beginning January 2013.
6-0-0.
Motion by Mrs. Zeliasand Seconded by Mr. BE IT RESOLVED, upon the
recommendation of the Superintendent of Schools, that the Board of Education
Jordan-Elbridge Central SchoolDistrict appoint the foUowiugindividual as>indicated,
in accord with the terms and conditions oUhe current agreementhetween
Jordan-Elbridge Teachers' Association and the Jordan-Elbridge Central Schools:
Position Stipend
Advisor $300.00
Motion Mrs. Long and Seconded by Mrs.Zelias, BE IT RESOLVED,
Superintendent of Schools recommends thatthe Board of Education oftheJordan-
Elbridge Central School District grant Jadyn McGee a long-term substitute position
as Speech and Language Pathologist,in the tenure area ofSpeech and Language
Pathology, beginning January 4,2013 and ending June 21,2013, for tbe purpose of
filing the vacancycreated by the leave of absence of Laura Berube. Ms. McGee win
be remunerated $54,225, pro rated timeworked, with a
October 24,2012, in accordwitb thetermsaudconditionsofthecurrent
between the '1'"..",11"1"1;1'
CentralScbools.
4
JORDAN-ELBRIDGE CENTRAL SCHOOL DISTR.lfCT
REGULAR MEETING MINUTES
WEDNESDAY, 16,2013 (Q17:00 PM
Motion by Mrs. Zeliasand Seconded by Mr. Gallaro, BElT RESOLVED, upon the
recommendation of the Superintendent of Schools, that the Board of Education of the
Jordan-Elbridge Central School District approve the terms of agreement with James
Mahaney, from July 1, to June 30, 2013,
salary was a school
is
5-1-0.
Motion byMr. Gallaro and Seconded by Mrs. Zelias,upon
the Superintendent of Schools, thatthe Board of Education ofthe
Central School District adopt the foHowing resolution:
Section 1
IT RESOLVED, upon the recommendation ofthe Superintendent
that the Board of Education Di:strict:adl:>pt
foUowingresoJution: abolish positions asfoUowsJor the reasons
efficiencyeffeetive June 30, 2013:
Position Number
Director
Director
Section 2
BE }"URTHERRESOLVED, that whereas William
occupant of the AssistantSuperintendentfor Business
tbereareno current incumbents in the other positions being abolished,
tbere are no other positions available within the District that enlCOInpass
that is "similar" the work previously performed by the Assistant
Superintendent for Business William Hamilton
excessed
June 2013.
5-1-0.
5
REGULAR MEETING MThlJTES
WED1'I'ESDAY, JANUARY 16,2013 @7:00 PM
Adjournment
Mo'tlon by Zelias
recommendation of the
Meeting adjoumedat 8:16PM.
Mr. BE IT ll"'-"tJ'U'.\Ll
:SCl1l00J:S, to adjoum
upon
6
EXHIBIT "H"
This Agreement is made between Mary Thomas Madonna ("Ms. Madonna"), the Jordan-
is schedtlled
discussed as an
It
as toII o v v ~
L
Ms. Madorma,
tenure area
area
2.
or to rF'(,:F'nl'f',
or
tenure
on or on any
3.
waive and release the District from, any and all other grievances, claims and liabilities arising out of,
or related any way to, the refusal ofthe grant Ms. Madonna tenure in the Administrative
tenure area.
Ms. Madonna and the Association explicitly and knowingly agree that an
Madonna'8 QAt''II!''A to seniority accrual on October 28, 2009 shall be
deemed to have been rerldelred
4. Mad01ma has entere:d
As;sistant Principal tenure area.
voluntarily, wi1'hollt
acknovvleclges that
5.
not
2
1978868.1
EXHIBIT "I"
CENTRAL SCHOOL
REGULARMEETING MTh"1JTES
WEDNESDAV"OCTOBER 3, 2012 (jiJ, 7:00 PM
BOARD MEMBERS PRESENT (via roll can)
Mr. Richardson, President
Mr. Gallaro, President
Mr. Fried
Mr.
Dr. Jorolemon
Mrs. Long
Mrs. Zelias
BOARD MEMBERS ABSENT (via ron call)
N/A
James Froio, Superintendent ofSchools
Bernadette Sica, School District Clerk
Joseph Coleman, Interim SchooiBusiness AdmilllStrat(}!
MaryMadonna, Interim High School t'nnClpal
Janice Schue, Assistant SUiJerJlntemdent
Cordell Rogers, Student Representative
Audience
Organizatipn
in
1
is
JORDAN-ELBRIDGE CENTRAL SCHOOL DISTRICT
REGULAR MEETING MINUTES
WEDNESDAY, OCTOBER 3, 2012 (a), 7:00 PM
Mr. Richardson announced that the brush clearing project at the Middle School is going
Mr.. Richardson mentioned that the town been very involved in this project and that the board
is grateful for the town's assistance. Richardson also added that perhaps and
WeUness committee could look into the possibility of developing this as walking
trai/sand fottree identification projects.
Mr. Richardson shared that he attended the Onondaga r - _ . ~ Sustainable Developlnel1t Plan
presentation held on September 26, at 6:30PM at the IE Comuaurlity
Dr. Jorolemon shared that he was impressed by the which a TV news
bullying. Dr. Jorolemon suggested that perhaps her response could be an as a
best practice. Dr. Jorolemon shared that he attended the Rochester cross country and
he found the event very captivating.
Presentations/AdministrativeReports
'"
Mrs. Madonna. introduced Ms. .lJQ,H"""_
pertbrme!d, "David
dinmto!r, and the Marching
Motion by Mrs.
recommendation
Central
2
pr(mO
I
Sl1:lg an overseas
JORDAN-ELBRIDGE CENTRAL SCHOOL n,Y'i:!TIHr"!'
REGULAR MEETING MINUTES
WEDNESDAY, OCTOBER 3, 21H2 ({i), 7:00 PM
Mrs. and Mr.
The Superintendent of Schools recommends the
Elbridge School District the Treasurer's Casb
2012.
asked why there remained outstanding checks. Mr. Colenlan ''''f'U,,",''''
individuals he learned that they are holding onto
Superintendent ofSchools recommends Board
Central School District acknowledge receipt
Education Determinations:
o Committee on Special Edncatiorrforcasennmber 2441
The Superintendent of Schools recommends
Elbridge Central School District
payroll period 8/15/2012 to 9/14/2012.
The Superintendent ofSchools recommends that the Board of Educlltjem
Elbridge Central School District accept the resignation of Ai
effective September 22,2012.
197.13 Superintendent ofSchools recommends that
a donationof$1000.00
.. Crump- Bus Driver *Emergency
4\ Sherry Thompson- Bus
I Patricia Sweeney- Bus Driver
.. Stacy Rita- Bus Monitor
I Aleta Abbott- Certified Teacher
I Tina Bishop- Teaching Assistant A,pi!J1oilltnletlt
<II Jane Chapman- Teaching AS!listant
4\
3
JORDAN-ELBRIDGE CENTRAL SCHOOL
REGULAR MEETING MINuTES
WEDNESDAY, OCTOBER 3, 2012 @ 7:00 PM
There was discussion amongst board members about the non-instructional forms for hiring.
Fried asked signatures were missing. Mr. Gallaro asked if the boxes on the form could be lined up
so as to prevent confusion. Dr. Jorolemon expressed concern that infonnation regarding fingerprinting
was incomplete. Schue she will begin working to address the
identified.
# withdJral'!i'n from tbe agtmda.
The Superintendent of Schools recommends that the Board ofEducation of the Jordan-
Elbridge Central School District, BE IT RESOLVED, that upon tbe Superintendent's
recommendation .and subject to the applicable Civil Service Law and Rules, the Board of
Education hereby appoints Donna Snyder to the position of Administrative Aide, in the
Competitive Civil Service position, for 2,080 hours per year pro rated over actual time
worked. This position is considered confidentialandisa part oCthe Non-Represented
group, with a 26 week probationary appointment beginning October4, 2012. This
a change in Civil Service tide.
The Superintendent of Schools
Elbridge Central School District
between the Confidential District
Board attached.
M(jtlOlll can-ied 7-0-0.
4
JORDANwELBRIDGE CENTRAL SCHOOL
REGULAR MEETING ML1WTES
WEDNESDAY, OCTOBER 3,2012 (ii) 7:00 PM
Motion by Mrs. Zelias and Seconded by Mrs. BE IT RESOLVED,
The Superintendent of Schools recommends that the Board of Education ofthe Jordan-
Elbridge Central School District, that upon the Superintendent's recommendation and
subject to the applicable Civil Service Law and Rules, the Board of Education hereby
appoints Linda Wickert to the position of Administrative Aide, in the Competitive Civil
Service position, for 2,080 hours per year pro rated over actual time worked, in the Non
w
Represented group, with a 52 week probationary appointment beginning October 4, 2012.
The Superintendent recommends thatthe Board terms
employmentas attached.
7-0-0.
204.13 Motion byMrs.Zelias and Seconded by Dr. Jorolemon, BE IT RESOLVED, upon
recommendation of the Superintendent of Schools, the Board of Education
Elbridge Central School District create a FTE AdministrativcAide position as
Service Regulations, TbiSJlOsiti<:ln
BE
WHEREAS, the Superintendent Schools
Stevenson be appointed by the Board of EduCllti(]ID
during school day hours on an as needed basis
is a snc)!'t-tenll: sltua-l1on
5
JORDAN-ELBRIDGE CENTRAL SCHOOL
REGULAR MEETING MINUTES
WEDNESDAY, OCTOBER 3, 2012 @ 7:00 PM
Motion by Mrs. Zelias and Seconded by Mr. BE IT RESOLYED,
The Superintendent of Schools recommends that the Board of Education of the Jordan-
Elbridge Central School District, that upon the Superintendent's recommendation and
subject to the applicable Civil Service Law and Rules, the Board ofEducation hereby
appoints Michael Finnigan totne position of Bus Driver, i.o the Non-Competitive Civil
Service position, at an hourly rate of $20.96, for 2,080 hours per year rated over
actual time worked, in the Transportation Local group, with a aplPointIntlllt
on October 4, 2012.
:Motion by Mr. Gallaro and Seconded BE IT "'''-''"",'J.IW
The Superintendent of Schools recommends that the Board of Education
Jordan- Elbridge Central School District, RESOLVED
WHEREAS, the Jordan-EibridgeCSD the Jordalil-imbridige
Retirement Plan; and
WHEREAS, the Plan was duly on
District's Board of Education; and
WHEREAS, the Board deSiires
Employer Contributions;
NOW,
to read as follows:
tbatsection
2.7 Nonelective Employer Contributions
Employer Non-Elective Contributions shall
the Employer to certain of
Adoption Agreement and/orconsistent with
collective bargaining
arrangement.
the Plan
or referenced in tbe Plan
conditions
01' written
is The shaH besoleiy responsible for a cmrdribl.i!uOlll
Elective. Neither The OMNI Group, Inc., nor any recordkeeper, nor
Service Provider, shaH have right or duty to into the amount
Non-Elective Employer Contribution made by the Employer, or
of
6
JORDAN-ELBRIDGE CENTRAL SCHOOL DISTRICT
REGULAR MEETING MINUTES
WEDNESDAY, OCTOBER 3,2012 (ii), 7:00 PM
asked if there was a limit specific to the amoUllt an emplO'yee
ColeUlan indicated that is no
Motion carried 7-0-0.
an aC(oOl.:mt.
Motion by Mrs. Zelias and Seconded by Mr. Ganaro, BEITRESOLVED,
that upon the recommendation of the Snperintendent of Schools,
the Board ofEducation ("Board") hereby adopts the attached Agreement pertainingto
Mary Madonna's tenure area, probationary statns and corresponding seniority; and
BE IT RESOLVED, that the Board hereby authorizes and directs the Board President
to sign and thereby execute said Agreement on behalf of tbe Board and District; and
BE IT FURTHER RESOLVED, District Clerk is hereby
signed copy of the Agreement in asupplemental file that is cross-referenced
minutes of this Board meeting.
corlgratulElted Ms. Ma(lOmna
(Mr.
Meetlflg a(:!jOl.lmc:d at
7
EXHIBIT "J"
District Office: 9 [\jorth Chappell Street P.O. Box 902, ,Jordan, NY 13080
Tei: (315) 689-8500 Fax: (315) 689-0084' www,jecsd.org
Dr. Lawrence J. Zacher
THterim of Schools
(315) 689-8500 x,:iOO1
12,
Mr. William Hamilton
Benson Road
Sk,meateiles, NY 13152
Re:
Dear Mr. Hamilto11:
positi,m as Assistant SIJpcrintendent
It has c.ome to my that you various ve:l1d,)!'s Central
School District in regard to gathering fInancia.l information You have not disclosed
to those vendors that you are under from your citlfies at the U-'",".'''L. the fact
that you are under suspension, you have created the that you are authorized to act
on behalf the in from the to advise you you
m.tlst cease and conduct at once. of the nor
are you authorized to attempt to exercise any of
for Business and Finance while you are on su:sp(omuon.
do so. The gathering
as such is the dinection
and desist futther
"I"n('r,nt" to the Districfs
is inaccura.te and We further believe that you were aware the, you dl!;seminated
was inaccurate and so in Your release of
at may very wen e!1Glanger the School l)istrict' s appmvaJ the voters ofthe
Budglot pJl'opose:d by the Board you have a
about I1Ultte1':> it nmst be in mind you are and rem.aiu 311 enlpJ.(Jyee
Jordatn.cf:m)riilge Celltral we believe that you owe the of
enw]io,rer not to calnpai
fS
ll and use inaccurate to
is within the scope and
We are therefore you to cea.<;c
We reserVe the right to include th\,:se eplSGld,,;s in an amended statement of plJIl'SllUt11t to Edtlcation
Law to be you.
LJZ/eac
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