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Requests For Opinions Filed With Committee On Open Government Regarding Clarkstown School Board Meetings (VIDEO)

Community member filed complaints about three specific meetings

 

Rhea Vogel of New City filed complaints about three Clarkstown Board of Education meetings with the New York State on December 8.  Vogel said she felt the action was necessary.

“There was an ongoing pattern of improperly convened executive sessions,” said Vogel, a former board member. “And there were just meetings not accessible to the public. It seemed to me they were doing things that were prohibiting people to access these meetings.”

The three meetings Vogel is seeking opinions on whether they violated the Open Meetings Law (OML) were held on October 25, November 3 and November 22, 2011.  In addition to her requests for advisory opinions, other materials concerning the October 25 and November 3 meetings were sent by different residents.

“Several community members signed affidavits indicating that they were aggrieved in ways that were described in the complaint,” said Vogel. 

She said she did not seek others to provide affidavits regarding the November 22 meeting.

In her documents concerning the October 25 and November 3 meetings Vogel claimed both violated the OML.

“It is our view that The Clarkstown Board of Education President Douglas Katz, has in scheduling the last two board meetings, intentionally failed to accommodate the large number of members of the public wishing to attend and participate at these meetings in violation of the OML.”

Vogel noted the October 25 meeting’s agenda included a Skype presentation by the special education evaluator, who the district was considering to hire.  Earlier in the year, Clarkstown had been identified as a “school district in need of improvement” because of a decrease in state test scores.   

Parents had expressed interest in the issue at prior meetings and members of the district’s teachers’ union were encouraged to attend the meeting, which was held in the conference room where the school board regularly holds its sessions. An overflow room was set up with a video feed.  Vogel said the effort and planning were inadequate given the interest in the special education evaluator that been previously displayed by parents and other community members.

“The Board of Education had advance notice that this was going to be a well attended meeting yet they didn’t move it,” she said.  “And certainly there’s no lack or shortage of places where you could move a meeting in this district.  We have many buildings and several auditoriums. So it seemed to me it was a willful decision on their part and warranted a complaint.” 

Vogel noted other agenda items were also of interest including the board’s anticipated vote to hire a consultant to search for a new superintendent of schools and discussion about setting hourly wages for retired teaching assistants who substituted in the schools.

Her complaint about the November 3 special meeting focused on the status of the community, which was still dealing with the effects of the late October snowstorm that knocked out power throughout Clarkstown and the county and closed schools for several days. The purpose of the morning meeting was a vote to confer the benefits of State Education Law to provide paid legal counsel for Katz and former board President Phil DeGaetano.  Petitions had been filed with the State Education Commissioner seeking their removal as trustees.

“Given the displacement of residents and the disruption of communication channels, many people who would have otherwise attended this meeting were either unaware of it or unable to attend.  Given the controversial nature of the agenda, Mr. Katz had every reason to want to limit public involvement at this meeting.”

Vogel attached copies of news articles to substantiate her complaint, as well as Facebook postings and website discussions on issues raised by parents and community members. Her packet of materials numbered about 150 pages. 

Vogel’s request for an advisory opinion on the Nov. 22, 2011 meeting held in the Clarkstown South High School principal’s conference room questioned whether that meeting which was publicized as an Executive Session fell within the criteria of what can be appropriately discussed at an Executive Session.

Based on the foregoing, it is my belief that Clarkstown Board of Education President Douglas Katz willfully, intentionally and with forethought listed this meeting using language that would effectively discourage the public from attending, scheduled the meeting in a space so small it would be impossible for the public to attend, improperly acquired votes from a majority of the Board to ensure the immediate convening of an Executive Session, and knowingly entered into an Executive Session to discuss matters that are not within the scope of what is legally allowed under the OML.”

When another board member questioned Katz and Board Attorney Warren Berbit at the last meeting about whether copies of the complaints had been received their answers were vague. A follow-up request made to Katz about the status of the materials has not received a response. 

Vogel said she received notice from the Committee on Open Government that her requests had been sent to the appropriate parties.  She does not expect to get a response or written advisory from the committee for another month or two. Robert Freeman, executive director of the Committee on Open Government, spoke about the Open Meetings Law and Freedom of Information Law at a Clarkstown PTSA presentation in January.

The Terminator February 07, 2012 at 06:51 PM
When another board member questioned Katz and Board Attorney Warren Berbit at the last meeting about whether copies of the complaints had been received their answers were vague. A follow-up request made to Katz about the status of the materials has not received a response. Here is the video of the vague answers: http://www.youtube.com/watch?v=g3GMQIodKwA
Mike Hirsch February 07, 2012 at 08:49 PM
If you want to hear from board members about the duties and responsibilities of the board, come to our meeting at the New City Library next Tuesday at 7pm. The first hour will feature John LaNave, the director of finance, who will talk about the budget. The second hour will feature board members Joe Malgieri and Kevin Grogan who will answer questions after their brief presentation. For more information about this event, log onto our website www.clarkstowntaxpayers.com
MrOctane89 February 07, 2012 at 11:00 PM
Folks, I hope you see just how SERIOUS this is. Would love to know when the BOE received the complaint and who saw it. From the video, it's obvious, Mr. Katz, didn't share it with the entire board. Does he not get that he IS accountable, needs to follow the LAWS of both NYS and Open Government, and has to answer to the community for his continued decption? But hey, we're supposed to believe him that MKC needs to be replaced????? NOT! Me thinks other people need to be replaced, not MKC. Unbelievable behavior!!! And he's a role model for our kids, the CCSD students? Unbelievable - you can't make this up! Can't wait for him to be off the board!!
Merlin The Mighty Wizard February 07, 2012 at 11:18 PM
I watched the video posted above and I agree, it appears that Mr. Katz is lying. Mr. Octane, you state "Freeman's office verified it was received by the people who were supposed to receive it." Can we get specifics on who Mr. Freeman mailed it to and when? If Mr. Katz flat out lied to the board, superintendent and public he needs to resign immediately. This is simply unacceptable.
Truth Seeker February 07, 2012 at 11:26 PM
When the new board is sworn in the first order of business should be to fire Warren Berbit. New board, new lawyer.
Rachel February 08, 2012 at 12:50 AM
Mr. Katz needs to resign immediately. What's up with Mr. Berbit? Does he work for the whole board or just for the majority? I am very confused.
MrOctane89 February 08, 2012 at 02:00 AM
@Merlin. Maybe we need to contact Rhea Vogel for more information. What I wrote in one post was what I read in the article. It said that she received notice from Freeman's office that the complaints were received. I agree with you Merlin. IF it turns out that Doug Katz, President of the CCSD BOE DID LIE to everyone and HID information from the members of the BOE, he does need to RESIGN! The rules apply to EVERYONE, even HIM!
Truth Seeker February 08, 2012 at 02:59 PM
King Katz needs to be dethroned asap. We cannot have a board president who is less than 100% truthful with the public. Does a process exist for the rest of the board and/or super to remove him by a vote?
Rhea Vogel February 08, 2012 at 04:10 PM
In response to MrOctane89: I sent my request to the Committee on Open Government (COOG) on December 8, 2011. On December 19, 2011, I received an email from the COOG confirming that my request had been received. The confirmation stated, "Before issuing an advisory opinion, a copy of your request for an opinion will be sent to interested parties in an effort to obtain pertinent information. This is to inform you that we have forwarded your request to the appropriate party(s) for comments." The Clarkstown Board of Education and its current President, Doug Katz are named in the request and would be the "interested and appropriate party (s)." It is my belief that the email I received meant that the COOG sent a copy of my request to the Clarkstown Board of Education and Mr. Katz as he is the president of Board. Also, since the December 19th email used the past tense “we have forwarded” that these materials were sent on or before that date. On January 23, 2012, the evening of the COOG Executive Director Mr. Robert Freeman’s presentation I asked Board Member Joe Malgieri if he had received a copy of my request from the COOG. He indicated he had not. The following day I shared the email confirmation I received from the COOG with Mr. Malgieri. At the Board meeting on January 30, 2012 it is that email that Mr. Malgieri is referencing when he asks Doug Katz if they had received a copy of my request for an advisory opinion.
The Terminator February 08, 2012 at 04:41 PM
At the Board meeting on January 30, 2012 it is that email that Mr. Malgieri is referencing when he asks Doug Katz if they had received a copy of my request for an advisory opinion. Here, again, is the video of the moment when Mr. Malgieri inquires of Mr. Katz & Mr. Berbit if they had received a copy of Mrs. Vogel's request for an advisory opinion: http://www.youtube.com/watch?v=g3GMQIodKwA
Merlin The Mighty Wizard February 08, 2012 at 05:05 PM
If it is determined that Doug was in possession of a copy of the complaint back in December and didn't share it with the rest of the board he needs to be immediately removed as board president. Put another board member in charge. Why not Phil? I decided to Google Doug Katz and I found this: http://www.clarkstownschoolsfoundation.org/board.htm Again, if he knew about this complaint in December and didn't share it, he should also be removed from the schools foundation as well.
Clarkstown Resident & Parent February 08, 2012 at 08:06 PM
Rules?? Apparently folks the rules do not apply to Mr. Doug Katz! Ask him a question, he can't answer it he will just have Warren answer for him. I watched the video, I was under the impression that Warren represented the school district as well as the entire BOE?? AM I wrong folks? It was quite apparent that in this video Warren was representing Doug Katz. This guy Katz is just making his own rules as he goes without a worry in the world. Even his Bud Phil seems to be jumping ship and separating himself from both Doug & Donna, the wheels are coming off this will not be a fun ride for these people who lie and break the rules!!
Merlin The Mighty Wizard February 08, 2012 at 08:52 PM
I agree, it does appear that Warren is representing Katz and not the district & rest of the board. This is just sickening. I'm trying to keep track of all the nonsense with these jokesters and this is the list I have so far: 1)Petitions filed by current and former board members against Phil & Doug for what appears to be an illegal buyout attempt of MKC in early 2011 2)Investigation into a letter signed by a newly tenured principal in which it states she was pressured by Donna & Phil into disciplining a teacher (a board member's wife, no less) 3)A complaint sent to the Committee on Open Government for multiple violations of Open Meetings Law which Doug apparently receives confirmation of (in December!) yet doesn't share with the rest of the board and tries to deny receiving (see video) 4)No review appears to have been given to MKC by September 10, 2011 as required by NYS LAW yet these 4 board members have no problem moving ahead at a cost of tens of thousands of dollars to find a replacement for her when no one knows exactly why Am I missing anything? For those who still choose to believe that MKC created the problems in this district you need to WAKE UP! How much more of our money are these scoundrels going to waste hiring lawyers to defend themselves? When is enough enough already?!
Truth Seeker February 08, 2012 at 09:05 PM
Two more, Merlin! 5)Doug's business is listed on the district calendar for all 3 years he is on the board. He stated he hired a pi/lawyer to investigate how it happened because he claimed he didn't do it (whatever happened to that investigation, Doug?) 6)Doug hired an attorney who is a client of his insurance company without signing a disclosure. The attorney is paid $40,000 for what the public is told to "defend" the district against a possible lawsuit by Dr. Keller-Cogan when in fact the attorney attempts to buy out her contract instead. This was revealed in the petitions. Misappropriation of taxpayer money? Sure sounds like it!
Clarkstown Resident & Parent February 08, 2012 at 09:34 PM
It doesn't matter because Doug is not paying the BILL, WE ARE PAYING!!! Right!! So let's investigate who leaked the letter, let's spend on attorney's and let's break rules and laws!! Why because they can, and guess what WE PAY!!

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