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School Board Trustee Wants Alleged Document Produced

DeGaetano says purported letter is the “smoking gun”

 

Clarkstown School Board Member Phil DeGaetano reacted strongly to the latest round of documents filed with the state education commissioner that seek his removal and that of current Board President Doug Katz as trustees.  DeGaetano said references to a letter should be followed up with the actual document.

“The smoking gun is the letter,” said DeGaetano on Thursday. “They claim there was this letter.  Is she going to show the letter?”

The letter he referred to was one described as having been sent in January 2011 to Attorney Michele Handzel-Miller, who was representing Superintendent Margaret Keller-Cogan at that time.  The letter was described in the original petition filed by Board Members Joe Malgieri, Diane Hoeneveld and Robert Carlucci as “offering the terms of a contract buyout.”  The petitioners claimed in their that DeGaetano, who was then board president, and Katz, who was the board vice-president, “acted without authorization from the board to offer the Superintendent a buyout of her contract.

Malgieri and Hoeneveld stated they visited the office of the school district’s attorney Warren Berbit on Sept. 26 and Sept. 28 to read correspondence between attorneys for the district and the superintendent.  At that time, they said they saw “verification of information regarding the offers made to the Superintendent’s attorney occurred in a letter...”  The two board members stated they were not permitted to copy, take a photo or write notes about any materials they viewed. 

“The essence of the claim has nothing to do with the letter,” he said.  “The essence of the claim is they acted without the approval of the entire board.”

He said he has not asked the Keller-Cogan or her attorneys to provide the letter, which had to do with possible “discrete extraction” of the superintendent from the district.  If the commissioner felt it was necessary, then he would make the request. 

"If I needed to produce it, if the commissioner wanted to see it, I’m sure Meg and her attorneys would produce it,” said Malgieri.

DeGaetano disputed a claim in the petitioners’ answer that he wanted to meet privately with the superintendent to discuss a buy-out of her contract and that the request had been relayed by Berbit to the superintendent’s attorney.

“This conversation never happened between Warren Berbit and me,” he asserted.  “I would never have a meeting between me and Dr. Keller-Cogan without the board.”

When asked why his and Katz’s responses to the petitions were not online on the district’s web site along with the three petitions, DeGaetano said he had no problem with them being posted.  He said FOIL (Freedom of Information) requests can be submitted for them.  Katz was on vacation and unavailable to comment. 

“I’m not hiding anything, these are our answers,” DeGaetano said.  “’I’m very confident that the commissioner will find in my favor.”

For the past four months the board members have been at odds over Keller-Cogan’s contract, which ends in June 2012.  Now, another document has become the focus of the board’s attention.  Earlier this week a document belonging to the district was distributed publicly through an of the school district.  The board met Monday in special session and voted to hire the Nyack law firm of Feerick Lynch MacCartney to investigate.

DeGaetano supported the investigation.

“I will cooperate fully with that investigation,” he said.  “I voted yes to the investigation.  I don’t need a subpoena.  All he needs to do is pick up the phone.”

DeGaetano said he wanted the results of the investigation made public.

“Unlike the reports from Greece of Dr. Keller-Cogan and her alleged actions at her former school district which the board of education refuses to release, it is my intention to vote that Mr. Feerick’s investigation report be made public,” he said.  “Let the chips fall where they may. I think we should hold judgment until that investigation is complete.”

 

 

 

The Real Mary Smith December 23, 2011 at 01:48 am
Phil,
I love how you threw your friend Warren under the bus. I wonder if he could sue you for your comments in the newspaper calling him in essence, a liar! It is amazing to me that you, Doug, Donna, and Kevin never take responsibility for your actions. Instead, you blame other people, accuse other people of lying, but, worse, think we are stupid enough to believe all your smoke and mirror tricks. When you read both the NC Patch and The Journal News, the picture becomes clearer and clearer. Phil, if Warren has the letter, why don't you have him share it with the community. Or has Mr. Katz ordered him not to photocopy it! Seems to me MKC two lawyers affadavits trump your alleged smoking gun! From what I have read in the papers, they are verifying that as President you acted without authorization from the Board of Education. Do you get it yet, PHIL! Poor Warren, he was so afraid of you, Phil taking his long standing job away that he did what you asked and now you publicly throw him under the bus. Way to go Phil! But hey, we should trust you, NOT!
joe cee December 23, 2011 at 01:48 am
People don't read. Joe was not allowed a copy of the letter so how could he produce it?????
It shows you the type of person DeGaetano is that he would bring up the alleged issue in Greece that Keller Kogan had. Issues I may add that have been refuted time and time again.
joe cee December 23, 2011 at 01:50 am
May I also say that I am embarrassed that these people on the board represent us. How sad that they can't look out for our children while they get drunk on power
Time4Change December 23, 2011 at 01:54 am
As an outsider to this mess I find it awfully interesting that the smoking gun(s) haven't been produced. I would think that if emails are leaked and and allegations are made they would be chomping at the bit to produce such letters and evidence to bolster their claims. Again that's just my opinion. I have to say I moved back to New City awhile back because of the stellar reputation of the school district. I would never imagine that I now reside in a school district that i am embarrassed of. If all of the nonsense was put to the side and 50% of the effort was focused on the bullets you outlined above our CCSD would have it's stellar rep back in no time. I have really had enough of this very public P*ss*ng Match. Enough is enough!!
Truth Seeker December 23, 2011 at 02:23 am
Phil, why can't Warren provide the "smoking gun" since it's in his files? The 2 BOE members who went to Warren's office saw the letter but on Doug's orders weren't allowed to photocopy it. How many times does one need to repeat this? Doug, please, as board president, have Warren produce the letter since Phil thinks it's the smoking gun.
Concerned CCSD Parent December 23, 2011 at 03:17 am
One again Phil putting the blame on someone else, saying Warren is lying. Unbelievable time for Phil to resign
Clarkstown Citizen December 23, 2011 at 03:44 am
Actually I took it to mean that Phil is saying that the other attorney(s) are lying. Mr. Malgieri is saying he doesn't need to produce the letter because the commissioner isn't asking for it. If the commissioner asked for it he said "I'm sure Meg and her lawyers would produce it". Well then entertain us, show it to us. Seems easy enough to me to settle, produce the letter and prove that he's lying, that'll be enough to convince me and will go a long way to establishing credibility for one side of this argument. People don't want to hear Phil bring up Greece, but the fact of the matter is that part of the agreement when she resigned was that the details would remain private. I think everyone wants to hear the details, badly.
Truth Seeker December 23, 2011 at 03:47 am
Phil bringing up Greece again. I guess he has no more gas in the tank. Read Phil Leiter's blog. He did a fine job researching what really happened in Greece:
http://pleiter.blogspot.com/2011_09_01_archive.html
Truth Seeker December 23, 2011 at 03:49 am
http://pleiter.blogspot.com/2011_09_01_archive.html
joe cee December 23, 2011 at 03:59 am
@clarkstowncitizen
Malgeri CANNOT produce the letter. He wasn't allowed to copy it. I doubt attorneys are lying in sworn affidavits.
Clarkstown Citizen December 23, 2011 at 04:09 am
joe cee, read the article...he says very clearly that oif the commissioner requested it that he (Malgieri) is "sure that Meg and her lawyers would produce it". While he doesn't claim to have possession of it, he still claims it can be produced for the asking. Well, the community is asking for it. Why argue over it when asking someone to produce it will settle the issue?
Time4Change December 23, 2011 at 04:13 am
Who is Phil Leiter and why do I care what his blog says?? Seriously has he done something positive for our kids that i should read his blog??
I want to see some evidence from either side of this mess already. Malgieri/Dagtaeno I have no clue who to believe so someone, anyone provide me with evidence enough BS! By the way the value of my house just dropped another 25K and my kids haven't been thought of today!
Clarkstown Citizen December 23, 2011 at 04:17 am
His analysis is wonderful, but it doesn't change the fact that district was unable to offer any comment by agreement. I am concerned with what's going on in Clarkstown, not an upset school districts problems 5 years ago BUT if you look back at news articles from that time it is downright scary how familiar it all sounds. Would the CCSD community be satisfied if next week, Dr. KC resigned and the agreement was that everything would remain confidential? I think not - peoples heads would be exploding in frustration.
joe cee December 23, 2011 at 04:18 am
I'm sure they will produce to commissioner if asked. Keller Kogans attorneys would be foolish to release it to the public while there ate ongoing proceedings
Clarkstown Citizen December 23, 2011 at 04:29 am
Warren Berbit made a sworn affidavit too. Face it, there are lawyers involved and they disagree regarding the facts of the case, this should come as no surprise to anyone. They are "interpreting" the circumstances to put them and/or their clients in the best light. The biggest potential A-HA moment is someone producing that letter.
Clarkstown Citizen December 23, 2011 at 04:33 am
Yes! You're right, I'm sure they wouldn't make it public while there are ongoing legal proceedings. Does that excuse sound familiar? That's essentially the same position that the board majority has been endlessly criticised for. And so the circular argument continues...
Kelly Castel December 23, 2011 at 05:33 am
OMG all you COWARDLY posters who don't use your real names (and that includes initials) and this entire School Board are a disgrace! You expect the taxpayers of this district to absorb the cost of your defense and whatever were going to have to pay down the road for litigation that ends in a large payoff for people that you have impuned because of your ignorance! It is certainly time for this on line publication to go the way of the Journal News, make people accountable for their comments by using their real names. If you are unwilling to sign your name to something then you have NO business making comments. Maybe its time for the taxpayers of Clarkstown (and everywhere else) to bring a class action law suit against any on line publication that provides a forum for "people" to make statements which are basically unsubstanciated gossip. They provide a platform that allows "people" to damage our community, our children's education and our property values without recourse. The Patch is not protecting amendment rights, its circumventing them and it should be held accountable!
Concerned CCSD Parent December 23, 2011 at 05:59 am
you need to reread the article. And how you take it is far off from the truth. Its obvious that Phil putting the blame on someone else. I for one want proof of why these people want MKC ousted and they (the majority) have not produced any reasons why. Must be a personal agendas? They keep hiding things.
Chrissy Carbone December 23, 2011 at 08:32 am
I agree Kelly! Own your opinion or pls. don't comment at all. Patch is intended for a community forum, not a meaningless tabloid.
joe cee December 23, 2011 at 12:44 pm
Unfortunately people are reluctant to use their names as board members have called the police over comments made here.
It's called freedom of speech
Time4Change December 23, 2011 at 12:45 pm
Yeah Ok Chrissy and Kelly I am going to put name on this so that both my kids and I can be ridiculed and harassed by the maniacs on this board that do not agree with me. Sure I want to be standing in line at Bagel Boys and be brow beat for my opinion and have my kids chastised at school but because a parent disagrees with my opinion.
Please just because you put your "real name" on it does validate anything one way or another. It certainly doesn't change the facts that our kids and community or getting the short end of the stick. Does it Chrissy and Kelly and CC and Joe Cee and whoever?? DOES IT?
Truth Seeker December 23, 2011 at 01:05 pm
Answer to Response to Verified Petition Appeal # 19488 excerpt:
“Unauthorized action on the part of the respondents to offer a buyout without the knowledge of the petitioners is the point of this petition. The offer of a buyout was a very direct and specific action that was not authorized by the Board. By the respondents’ own admission, the letter that offered the buyout was NOT available to the rest of the board.” “Mr. Doherty, Mr. Berbit, Mr. DeGaetano, and Mr. Katz all attest to the fact that a buyout offer was discussed with the board at a meeting on March 11, 2011 and Mr. Doherty’s affidavit makes clear that he was authorized by a majority of the Board to discuss settlement with the Superintendent’s attorney. All of them fail to mention, however, that said meeting occurred at 4PM on that day, AFTER the buyout offer had already been made, by telephone, to Mr. Jim Evans, the Superintendent’s attorney.” “As Mr. Evan’s affidavit makes clear, that telephone offer was proffered at approximately 12PM on March 11, 2011. As Mr. Carlucci’s affidavit makes clear, a meeting of five members of the board took place at 4PM on that date, at which time the Board discussed the potential offer, but at no time was there mention that an offer had already been made. We would further note that there is no documentation on the district’s regular Board Docs site, which lists all legal meetings, public and executive session, of a meeting on March 11, 2011.”
Andromachos December 23, 2011 at 01:42 pm
If anonymous commenting was good enough for Alexander Hamilton and Benjamin Franklin, among others, (see the Federalist Papers) and other instances throughout history, then it is probably appropriate for Patch commenters.
As noted in the comment above, even if a comment is anonymous, it can have substance. If it does not. Then ignore it.
Clarkstown Citizen December 23, 2011 at 03:26 pm
While it would be great if people exercised more civility, anonymous commenting does serve a good purpose. People who have fear of reprisal can speak, people who might otherwise be dismissed can speak. For example, if someone who is generally known to be politically connected makes a comment and someone who lives at the end of his street and doesn't really talk to anyone makes a comment, what will carry more weight? It's very easy to dismiss someone who doesn't have a wide sphere of influence, but who can contribute something useful to the discussion. No one can discriminate against a poster if they don't have the "right" clothes or drive the "right" car. On this article alone 90% of the comments are anonymous. The other 10 % that aren't anonymous posted strictly to complain about or defend remaining anonymous. When you muzzle the "masses" you don't have any meaningful discussion. Unfortunately, every message board has its trolls, I choose to ignore them. Who has checked out the LoHud comments lately? Totally sanitized, completely boring, loaded with inane comments, many which are obviously anonymous anyway. The nastiness has, for the most part, disappeared. So has the discussion.
Chrissy Carbone December 23, 2011 at 04:11 pm
Anonymous comments only make a subject more interesting because accountability is missing. It is not freedom. Just babble. Standing up for what you believe is freedom. It does cost, sometimes a lot. The worth?
Clarkstown Citizen December 23, 2011 at 04:50 pm
I respectfully disagree. If you consider every anonymous comment babble then I think you're wasting your time here. As a previous poster pointed out, the Founding Fathers used anonymity to build sympathy for the American Revolution and they did that out of fear of retribution. If it promotes some productive discussion then it serves its purpose. If you find criticism of the board and its policies distasteful, I think the members of the BOE know that criticism comes with the job. Do some people take it too far ? Absolutely. Then again, every person's definition of what too far is varies.
In the end, the purpose behind these comment boards isn't so noble, they are here to drive traffic and increase revenue for New City Patch, nothing more. LoHud made a deal with Facebook because there is or they thought there is more money to be made.
Chrissy Carbone December 23, 2011 at 05:32 pm
With lack of noble motive and purpose to drive traffic, anon babble does come to mind. Time is better spent elsewhere standing up for our children.
joe cee December 23, 2011 at 08:22 pm
I think anonymous postings, as long as they are not mean, and filled with untruths, are extremely important. People who might otherwise want to keep quiet, have an avenue to express themselves. I see absolutely nothing wrong with it
Mike L December 26, 2011 at 10:58 pm
Joe Cee, i agree unless of course the anonymous posting is from a board member or their spouse pretending to be someone else spewing anger, hatred and a message of seperation with limited facts or basis for reporting in the first place. wait a minute that's the job of a certain newspaper reporter.
Truth Seeker December 29, 2011 at 12:41 pm
Mike, what board member and spouse are you talking about? Don't just post garbage like this without being specific. And are you ridiculing Robin Traum when you say a "certain newspaper reporter" has "limited facts or basis for reporting in the first place"? Please elaborate.
You're an angry person, Mike.

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