Contentious School Board Meeting Ends With Vote To Cover Legal Expenses of Trustees And No Public Comment

 A four-member majority of the Clarkstown School Board voted this morning in favor of invoking Section 3811 of the State Education Law to cover the legal costs of two board members served with to oust them.  The brief special meeting, attended by six of the seven board members, and about 50 members of the public, drew angry comments from both groups who complained that the meeting was not being videotaped and its agenda made no allowance for public comment.

Current board members Joseph Malgieri, Diane Hoeneveld and Robert Carlucci and former board member Lisa Lieberman filed petitions with the State Education Department on October 24 asking the education commissioner to remove Board President Douglas Katz and board member Phillip DeGaetano as trustees.  The vote at today’s meeting authorizes the school district to pay for their legal representation.

Malgieri asked Katz why the meeting was not been videotaped.  Katz said he had attempted to contact all board members to ask if the meeting should be videotaped and had only reached two who said it should not be recorded.

“You illegally made a decision not to videotape the meeting,” said Malgieri. 

Malgieri and Hoeneveld voted in favor of a resolution to allow public comment, which ended in a tie vote and did not pass.

Katz, who voted in favor of the motion, said, “I apologize for everyone not having the right to speak.”

He said he would stay after the meeting and speak with people.  Katz also commented on the petitions filed against him and DeGaetano.

One of the three petitions seeks the removal of both board members and two petitions request the removal of DeGaetano.  The petitions make the following claims about their actions:

• to conduct business and make statements on behalf of the Board of Education without authorization by a majority of Board of Education trustees at a legally convened public or executive session of the Board
• to violate the contract of the Superintendent of Schools, Dr. Margaret Keller-Cogan by failing to direct the Board to complete her annual evaluation in June 2010, in accordance with her contract

“They’re frivolous petitions,” he said.  “I look forward to the attorney fighting them vigorously.” 

New City resident Michele Ruina’s reaction was typical of others at the meeting. Many expressed anger at the 24-hour advance meeting notice along with absence of videotaping and opportunity for public comment. Several said those were reasons to file complaints with the state education commissioner about possible violations of the open meeting law.

“I’m really angry to have people shut down like that,” Ruina said.  “I’m so angry that four people have taken control of the district, our children’s futures not to mention our pocketbooks." 

“You’re not acting in the best interests of the children of this town,” one parent told Katz. 

Board member Hoeneveld shared her frustration.

“What transpired is so typical of what they always do,” she stated. “ I am not surprised at this meeting.  I knew they would not let the public talk.”

Michael Feldman expressed his annoyance at the speed with which the meeting was conducted.

“Before they even voted, Phil’s pulling his chair back likes he’s a sprinter,” he said.

Parent Dorothy Atzl said, “You’re trying to interpret the policy to serve your own agenda.  You exercised your power to shutdown public comment.” 

Denise Crisci said residents should take a stand on the board’s actions 

“Now it’s time for the citizens to start filing complaints to the state commissioner of education every time they break the law or abuse their power,” she said.  “It’s a travesty to watch such an abuse of power take place week after week.”

Clarkstown PTA Council President Joan Braunfotel said the meeting demonstrated a lack of transparency and consideration for the public, which is still dealing with power outages.  She said it should have been scheduled for the evening when more of the community could have attended.

Braunfotel said she sent an email to Katz requesting a change of date, time and meeting location in accordance with the open meeting law.

She said the intent of the law is for the public “to be able to observe, attend, and listen to the deliberations that go into making public policy.”

Braunfotel said there was no reason for not taping the meetings, which would then be available online at the district’s website for the public to watch.

“Not having the videotaping is really grievous,” she said. “That was a board policy. They adopted it. We funded it as PTA Council.”