BOARD OF EDUCATION
MIDDLETOWN, NEW YORK
JANUARY 8, 2004
A regular meeting of the Board of Education of the Enlarged City School District of Middletown, New York was held Thursday, January 8, 2004, at the Board of Education Office, 223 Wisner Avenue, Board President Robin Markovits, presiding.
Present: Mr. Crescenzo, Mrs. Elliott, Mr. Estrada, Mrs. Knapp
Mr. McCormack, Mr. Perrino, Mrs. Botti, Mrs. Markovits – 8.
Absent: Dr. Best - 1.
Others: Patricia McLeod, Acting Superintendent
Present: Timothy Conway, Deputy Superintendent
Patricia Reilly, Acting Asst. Supt. for Curriculum & Instruction
Selena Fischer, Director for Pupil Personnel & Special Services
Ellen Kaplan, Director for Personnel Services
Peter Ancona, Director of Technology
Lorelei Case, School Business Executive
Mrs. Markovits called the meeting to order at 6:39 p.m. Mr. McCormack made a motion, seconded by Mrs. Elliott, to have an executive session for the discussion of the discussion of specific personnel issues leading to personnel evaluation. Motion was unanimously approved.
Public session resumed at 7:30 p.m. Mrs. Markovits led the pledge to the flag.
Mrs. McLeod introduced Fine Arts Director Ina Segnit who presented the members of the 2003 All State Chorus and Band. Mrs. Segnit said that each year students are selected to participate in All State on the basis of their New York State Music Educators Association solo scores. Each student received at least a 95 on the solo performance and were chosen for either their representative instrument or voice part.
Mrs. Segnit also presented student Adam Parolla who was voted by the Times Herald Record as the 2003 best actor in the best drama of the Mid-Hudson region, “Bang, Bang, You’re Dead,” a play about school violence.
The District Clerk read a letter from Marilyn Pierce which expressed her opinions regarding the incident with the former superintendent and the subsequent Grand Jury report.
Mr. McCormack made a motion, seconded by Mrs. Elliott, to approve Personnel Memorandum #11, attached.
Ayes: Crescenzo, Elliott, Estrada, Knapp, McCormack, Perrino, Markovits – 7. Noes: None. Abstain: Botti – 1. Motion was declared approved.
Mrs. Botti said that she abstained to avoid any appearance of impropriety.
Mr. Estrada made a motion, seconded by Mr. McCormack, to table the request for personnel folders for the purpose of conducting personnel business in executive session.
Ayes: Crescenzo, Elliott, Estrada, Knapp, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Mr. Perrino made a motion, seconded by Mr. McCormack, to approve the following resolution:
Resolved, that upon the dissolution of Rains & Pogrebin, or upon notification of the departure of Richard Zuckerman from the firm, whichever occurs first, but no later than February 29, 2004, that Richard Zuckerman, Esq., who has served the District as Labor Relations Counsel for the past twenty (20) years be appointed as Chief Legal Officer for Taylor Law Purposes and Labor Relations Counsel to succeed the appointment of Rains & Pogrebin. Mr. Zuckerman shall be subject to the same agreement as that entered into between the District and Rains & Pogrebin for the duration of this appointment. This appointment shall be renewed annually at the reorganizational meeting of the Board of Education in July of each year.
Ayes: Crescenzo, Elliott, Estrada, Knapp, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Mr. McCormack made a motion, seconded by Mrs. Botti, to approve the following resolution:
Be it resolved, that effective February 9, 2004, a ten (10) month Stenographer position at Middletown High School being vacated by a retirement be abolished and a twelve (12) month Keyboard Specialist position be created in its place.
Ayes: Crescenzo, Elliott, Estrada, Knapp, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Response to Previous Questions:
Lorelei Case, School Business Executive, presented information on equalization rates and their impact on the tax levy. Mrs. Case explained that there are four municipalities in the school district – City of Middletown, Town of Wallkill, Town of Wawayanda, Town of Goshen -- with different assessment methods. This creates equity issues in the property values in the various municipalities. If the tax levy was calculated based on assessments there would not be in equal distribution of taxes. Mrs. Case explained that a 100% assessment is equal to the market value. The State attempts to put all municipalities at market value using the equalization rate. The rates are calculated annually and are provided to the School District in late summer, which is after the District’s budget is presented to the voters.
Mrs. Markovits said that the Marching Middies are in the process of re-building and they currently march in the local firemen’s parades.
Ms. Sue Lawkoski, Associate Director, and Sharon Lathy, Coordinator for Finance, Legislation and Policy Services at Erie 1 BOCES, presented a proposal for the development of a comprehensive policy manual for the Middletown School District. Ms. Lawkoski said that Erie 1 BOCES Policy Services will work collaboratively with the District to develop a Board Policy Manual in compliance with federal and state laws, regulations, court and Commissioner’s decisions and to reflect the culture and practices of the community and the District. The cost to produce the manual is payable over two years and is BOCES aidable.
Mrs. Markovits introduced Richard Zuckerman of the firm of Rains and Pogrebin who explained the 3020-a, disciplining a tenured employee, process. Although this process was explained at a prior meeting, Mrs. Markovits said that many people may have missed the explanation because the meeting was held on a Wednesday evening in order to comply with the legal obligation to accept vote results the day after the vote.
Mr. Zuckerman said that a tenured employee cannot be disciplined without first going through a due process proceeding. Except in very limited cases, the subject employee has the right to full pay, salary and benefits throughout the process. The process starts when written disciplinary charges are brought to the Board of Education, who must determine if there is probable cause to have the charges considered by a neutral, outside, independent arbitrator. The Board votes on each of the charges in executive session in order to protect the privacy rights of the employee. If the Board agrees to proffer the charges against the employee, the employee and the Commissioner of Education are provided with copies of the charges. The Board of Education by law is not permitted to publicly discuss the charges without the employee’s permission. Upon receipt of the charges, the employee must notify the District if he/she would like a hearing on the charges. If the employee does not want to have a hearing, the Board can at that point impose a penalty. If the employee requests a hearing, arrangements are made with the American Arbitration Association for the selection of an arbitrator. The AAA will send a list of arbitrators’ names to the attorneys for the District and the employee. If the attorneys cannot agree on an arbitrator, AAA will select the arbitrator. The arbitrator will conduct a pre-hearing conference to define procedural matters and to set hearing dates. When the hearings are concluded, post-hearing submissions are submitted to the arbitrator by the attorneys. The arbitrator considers all the documentary evidence, sworn testimony, etc. and then renders a written decision which is binding on the School District and the employee.
Mr. Zuckerman continued by saying that there are constraints about what the District can speak about in public. In the current matter, Mr. Cohen and his attorneys have not given the District permission to share the charges with the public. Mr. Cohen has requested a hearing and the American Arbitration Association will be contacted so that an arbitrator can be selected. Mr. Zuckerman said that if penalties are recommended they can range from a fine, a reprimand, counseling, termination or any combination of various penalties. Mr. Zuckerman said that the Acting Superintendent of Schools has assigned a list of duties to be performed by Mr. Cohen outside of the High School, pending the outcome of the hearing.
Mrs. Markovits said that the Board had hoped that the Grand Jury Report would lead the District to an understanding of what happened in the Robert Sigler matter. Mrs. Markovits suggested that residents review the District’s website for explanations of some of the areas where the Board agrees with the report as well as where the Board disagrees with the report. Mrs. Markovits particularly pointed out the inaccuracies in the timeline of events. She concluded by saying that the District will continue its investigation and has asked the District Attorney to assist by providing names and areas of concern that need to be investigated.
Visitors:
Responding to a question from Barbara Ryan, Mr. Zuckerman said that Mr. Cohen is the High School principal unless an arbitrator terminates him from his employment.
Nancy Bookbinder complimented Mr. Zuckerman on his explanation of the 3020-a proceeding, saying that it would be a good civics lesson for students to hear.
Lisa Hankinson, Twin Towers student council advisor, clarified that John Gennarelli, along with other members of the Twin Towers PTO, was given an award by the Twin Towers student council, not by the building principal, in recognition of his volunteerism.
Andrew Mulik spoke about the interest the school district would lose if it had installment tax payments.
John Gennarelli asked for Board consideration to be re-instated as a volunteer in our school buildings in light of information contained in the Grand Jury report. He also questioned who can file charges to start a 3020-a proceeding.
Board Member Reports:
Mr. Perrino thanked George Perna for his assistance with the telecasting of Board meetings. He also acknowledged the dedicated staff that keeps our media centers open to the community.
Mr. Perrino addressed several staff issues relating to the change in health insurance coverage.
Mrs. Botti and Mrs. Knapp attended a recent meeting at the High School to meet the Acting Principal and Acting Assistant Principal. It was noted that the students need to have an understanding of the 3020-a proceedings involving Mr. Cohen.
Mr. McCormack, Mrs. Markovits, Mrs. Botti, and Mr. Crescenzo attended the High School choral groups and band groups before the winter break. These groups were commended for their fine performances. Mr. McCormack also attended the Orange County School Boards Association meeting. He said that the Board will soon be receiving the OCSBA legislative platform for 2004. The Mid-Hudson Study Council Legislative Brunch will be held on February 7. Housing for the annual convention in Buffalo was also discussed. Mr. McCormack also said that he has been asked by the Vice-President of the New York State School Boards Association to serve on the 2004 Resolutions Committee as an alternate delegate for Area 9. The OCSBA will also be attending the State Legislative Conference in March to lobby for funding.
Mr. Crescenzo said that students across the state will be protected as a result of the new data to be collected as a result of the legislation that Mr. McCormack helped to formulate at the NYSSBA Convention. He also said that Mr. Perrino is the heart of this Board of Education and thanked him for his continuing contact with our schools.
Mrs. Markovits said that Dr. Robert Hanna has been appointed by Commissioner Mills as the monitor for the District. She said that the letter from Mr. Mills will be placed on the District’s website.
Mrs. Elliott thanked Mrs. Markovits for her excellent leadership during the past several months. She also acknowledged her appreciation for former Board president Paul Johnson’s leadership.
At 9:50 p.m., Mrs. Botti made a motion, seconded by Mrs. Elliott, to have a break in the meeting. Motion was unanimously approved. The meeting resumed at 10:05 p.m.
Mrs. McLeod made the following announcements:
• The eighth grade ELA tests will be conducted on January 13 and 14. There will be a delayed opening for 6th and 7th graders. She noted the second tutorial session will be held this weekend.
• The District will be closed on January 19 in observance of Martin Luther King, Jr. day.
• January Regents will be held on January 26-29
• The timeline for the High School renovations project is on the District’s website.
Mr. Conway reported on the following:
The District has applied for 27 grants in the past two years, with a 50% success rate. Mr. Conway noted that the District has received a $350,000 Tutorial Assistance in Reading grant and is working on a major technology grant for $425,000 per year for three years which will allow the District to buy smartboards, computers, etc. The grantwriter is also working on the 21st Century grant, which is for $150,000 per building to expand our after school programs and the Schools In Need of Improvement grant which will be $65,000 per building.
Mr. Conway said that the District is in the loop for re-application for funding for the School Resource Officer, and continues to work with the City on this grant.
Mr. Conway reported that the Thrall Library closing is set for some time after January 15. Mr. Conway also presented the calendar of Spring 2004 testing dates.
The MHS academies are now known as the Middletown NAF Academies Advisory Board to reflect the combination of the Financial and Instructional Technology academies. The Academy Board will also be working with the Pine Bush School District on student summer intern placements.
Concluding, Mr. Conway said that effective September 2003, the Governor signed legislative enactments that amend the Real Property Tax Law provisions which afford partial real property tax exemptions for qualified persons over the age of 65 and for qualified persons with disabilities by increasing the maximum income eligibility limits for qualifying for the full 50% exemption of the assessed valuation that will be subject to taxation from $21,500 to $24,000. Public hearings will be held at the next Board meeting to solicit public hearings on these amendments.
Mrs. McLeod presented the District Leadership Goals for 2003-04. The Goals will be presented for Board formal approval at the first meeting in February.
Mr. Conway reviewed Superintendent-approved Budget Transfer #6.
Mr. McCormack made a motion, seconded by Mrs. Botti, to approve Special Services Memorandum #11, copy attached.
Ayes: Crescenzo, Elliott, Estrada, Knapp, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
The following schedule was set for review of Special Education recommendations: January – Mr. McCormack; February – Mrs. Elliott; March – Mr. Crescenzo and Mrs. Botti; April – Mr. Perrino and Mr. Estrada; May – Mrs. Knapp and Mr. McCormack; June – Dr. Best and Mr. Crescenzo.
Mr. McCormack made a motion, seconded by Mrs. Botti, to approve Financial Memorandum #11, copy attached.
Ayes: Crescenzo, Elliott, Estrada, Knapp, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
No visitors asked to address the Board.
Roundtable:
Responding to a question from Mrs. Elliott, Mrs. McLeod said that the status of the magnet funding remains the same. Mrs. Elliott also requested program updates.
Mrs. Knapp asked to be provided with the status of student identification badges.
Mr. McCormack suggested that the District create a database of community businesses that have made donations to the District.
Mrs. Botti requested that the Board be given a presentation on the New Visions program.
Mr. Crescenzo also suggested that the District publicize the names of those businesses that have donated to the District. He also said that students have complained about the milk substitution that was made.
Mr. Perrino asked if the District will re-visit the health insurance coverage issue. He also requested an update on the Little Builders Club at Mechanicstown.
Mr. Estrada addressed the community liaison position, saying that a comprehensive job description is required for this position. Mr. Estrada also spoke about the impact language barriers have on test scores. Mrs. McLeod said that the District’s home school liaisons work a good deal in this arena.
At 10:55 p.m. Mr. McCormack made a motion, seconded by Mr. Estrada, to have an executive session for the discussion of specific personnel leading to evaluation. Motion was unanimously approved.
Mr. Estrada left the meeting at 1:20 a.m.
Public session resumed at 1:34 a.m. There being no further business, the meeting was adjourned at this time.
Respectfully submitted,
Alicia E. Olsen
School District Clerk