Clarkstown School Board Calls Special Monday Meeting To Authorize Legal Counsel

mike sullivan March 30, 2012 at 09:57 pm

Thanks Malgieri's now this is gonna cost us more money!!!

Mike Hirsch March 31, 2012 at 05:49 am

Does a teacher have the right to sue a board member for interfering with the job she is doing? I guess so. Should a volunteer board member have to go out of pocket to defend the lawsuit? I don't think so. Personally, I wish this whole affair would just go away, but I have to question what is going on with the teachers union. I would think that it is the union's responsibility to protect it's members from any inappropriate actions of any particular board member or members. Isn't the primary purpose of a union to take care of their dues paying members?

Tony T March 31, 2012 at 11:21 am

Has Maligieri resigned from the BOE yet.....with his wife beging at the center of this investigation how is he still part of this on any level? Especially how that his wife has started the law suit.

Rhea Vogel April 1, 2012 at 09:27 pm

Mike, the contentious point is whether or not Donna was, when she inquired about or as you stated "interfering"(sic) with the job that Malgieri was doing:
a. acting within the parameters of her role as a school board member or b. acting on her own, outside and independent and without the approval of the board, Regardless, there seems to be evidence in that investigative report that supports the view that she did violate district policy. If the board concurs & accepts those findings as true then it could be that they will not approve her request. If the board determines that she was acting on her own & without board approval, they could refuse her on those grounds. Either way, she can ask, but she should abstain from voting on the question as it is a clear conflict of interest. While there are reasonable protections under the law afforded to volunteers, being a volunteer does not necessarily absolve a person from responsibility from his or her actions or paying for them if a court so determines. Donna’s right to representation & payment for that representation by the taxpayers will hinge on the courts determination as to whether she acted appropriately or not. If the board votes to provide her with representation that decision could be reversed by the court or the Commissioner of Education pending the outcome of the lawsuit. Without offering an opinion, this is the protection that taxpayers have against paying for legal costs for someone who has done something wrong.

Rhea Vogel April 1, 2012 at 09:30 pm

Mike, Your other point about the Union deserves re-stating. Really, where are they on this situation? Why the lack of support? Puzzling - for sure...

Mike Hirsch April 1, 2012 at 09:50 pm

Most private corporations take out insurance to protect their board members from legal action against them. Otherwise, who would serve on the boards? I have to believe that the CCSD has insurance in place for this possibility.

Mike Hirsch April 1, 2012 at 09:54 pm

If I were a member of the teacher's union, and my union had left one of our members out in the cold, I wouldn't feel so secure that they would protect me from something similar happening to me. Isn't that one reason union members pay dues?

Rhea Vogel April 1, 2012 at 10:02 pm

Mike, I'm sure that they do have D&O insurance, but this is not a a private corp and I think that there maybe an overarching requirement that a 'Good Faith Certificate" be granted by the Commissioner or the Court. If that is not granted - what then? I don't know... Could the taxpayers be left paying the bill or will the individual be responsible. I guess we will eventually find out.

Rhea Vogel April 1, 2012 at 10:04 pm

It is really odd about the Union. And the teachers union is one of the strongest in the nation. You would think that they would be right on top of this...???

justwonderin April 2, 2012 at 12:00 am

I've got a feeling that this lawsuit is not going to end up being only about Donna and a teacher. I think it's a launch pad. Mike& Rhea, you bring up a great point: exactly where is the teacher's union in all of this? I see they were gung ho on making sure the investigative report was sealed (to protect their own, allegedly) yet they have nothing to say about one of their members suing a board member? Huh? Is this teacher paying for her attorney out of her own pocket? Shouldn't the union be protecting her?
Also, almost the entire top administrative staff has left the district. Why? Something deeper is going on here and I hope this lawsuit flushes out whatever it is. There have been rumblings about the board overstepping it's boundaries and the unions controlling the board so I'm wondering if this is what will be exposed.

Dzeldaz April 2, 2012 at 04:33 pm

Give thanks where they are due, to the BOE majority for not being forthcoming about their actions for years. This is why we are paying thousands of dollars. Separating the issues is not appropriate, nor does it present a whole or true picture. And why is DE voting on her own representation? Is this not a conflict of interest? Joe abstained.

Dzeldaz April 2, 2012 at 04:37 pm

Why do you want it to go away? I would think you want to get to the bottom of the issues, not brush them aside so politics can go on as usual. When I hear someone wish it away, I wonder where they fit into the scenario. I hope everyone involved wants to know the real truth, the real reasons for what we have been subjected to on all sides. We have been asking the majority for reasons, for documents, for the truth. They have yet to answer. The hide behind legal terms and winding pathways that lead nowhere. They stall and stammer, hoping we will forget that we want the truth. They may get their way and everyone will think all is well and normal, when normal is politics as usual. How sad.

Dzeldaz April 2, 2012 at 04:38 pm

The Malgieri's are not starting. They are responding.

Mike Hirsch April 2, 2012 at 06:37 pm

I want it to go away because the focus of the board should be our children's education. As Jack Nicholson said to Tom Cruise in A Few Good Men "The truth? You can't handle the truth!" Who cares? Oftentimes people looking at the same "truth" see different things. I say let it go and focus on our children's education. That's what the board is supposed to do. I will not vote for anyone on the current board who might run next month. Let's revive this dysfunctional patient with some new blood.

stephany April 2, 2012 at 07:07 pm

Make a reality tv show out of it and make money off the idiots. maybe if they saw themselves on tv they would come to realize what is obvious to everyone else.

Dzeldaz April 3, 2012 at 05:05 am

By wanting it to go away, you perpetuate the dysfunction, as the BOE can't possibly be the endpoint. You noted concerns about the teacher's union. Who is in cahoots with whom? Only by seeing it through will we know true invovolvement.
We are not Jack Nicholson or Tom Criuse, and this is not a movie; it it real life. Our children's education is most important, though how can this school district focus in that direction by sweeping problems under the rug (making them "go away")? I will not vote for anyone who shows a hint of connection to the "ruling party" of the BOE.

Mike Hirsch April 3, 2012 at 02:01 pm

Thank you Dzeldaz. We will have a new board in a month and a half. I am glad that you are an informed citizen who will vote. We need more of those. Once the new board is in place, let them focus on moving forward. The past is the past. I hope they will focus on their mission - namely advising and working cooperatively with our new superintendent and his or her administration.

Yehbut April 3, 2012 at 02:03 pm

The most important issue right now in the CCSD is not the hurt feelings of the Malgeris or the pound of flesh the KC supporters are looking for. It is the hiring of a new superintendent and the election of new board members. As soon as possible after that, the District needs to get back on track to being the best in Rockland. These side issues are distractions pure and simple and nothing more than indulgent selfishness.

Mike Hirsch April 3, 2012 at 02:15 pm

Amen to that, brother. The Clarkstown Taxpayer group is holding a Meet The Candidates night at the Nanuet Public Library at 7pm on Thursday, April 26th. For more information go to clarkstowntaxpayers.com

Mike Hirsch April 3, 2012 at 02:16 pm

www.clarkstowntaxpayers.com

Dzeldaz April 4, 2012 at 03:06 pm

Mike H. - you have an interesting way of putting spin on comments. You did not respond to my comment; you gave your own. You tried to make my opinion seem like yours. It is my opinion your reply was politically calculated and underhanded. The past is not past until it is ferreted out and exposed.

Mike Hirsch April 4, 2012 at 04:53 pm

Some people see a glass as half full while others see it as half empty. I am an optimist by nature.