June 21, 2000
Board Hides Superintendent?
Ignores Open Meetings Law
by Stewart Lilker
After the Pledge of Allegiance, School Board President, Dante Grover,
dispensed with his usual condescending opening meeting speech, in which he
informs the meeting attendees how it is not their right, but a privilege
for them to address the Board. A few meetings ago, the Board, without any
public discussion, decided to change the meeting format. They eliminated
that part of the meeting where the Board takes questions from the public.
Grover now begins, "At the end of our action items, the Board will
convene into a "roundtable" discussion with community members
and administrators ..."
The evening’s meeting convened without
the presence of Superintendent Moffett, nor any explanation of her
whereabouts. Grover announced that Dr. Mary Bediako, Director of
Personnel, would be sitting in for Moffett. The barely intelligible
Bediako began by recognizing the recent school retirees. She was followed
by PTA Council President, Pat Lewis, thanking soon to be former Board
member, Joyce Lisi for her years of dedicated service. Lewis presented
Lisi with a bouquet of roses, saying, "We’re very fortunate that
you are not going to be leaving us. You are just going to be taking a
different position. We want to thank you."
THE PUBLIC’S RIGHT TO ADDRESS THE BOARD
Alan Jay was the first resident to the
microphone. As Mr. Jay veered off the written agenda, Grover and the Board
sat mute. Mr. Jay said, "You have infringed on the People’s right
to petition their government under the First Amendment of the
Constitution. This substitution of private consultation is not a real
substitute for the Public’s right to redress grievances. I’d like to
lodge a protest against this new procedure. The people I speak to are
outraged about this." Board member Ellerbe, the self imposed silencer
of those who veer off the agenda remained silent as Mr. Jay continued.
"I notice that most of our retirees are too young to be put out to
pasture. If we can’t demonstrate to the students and faculty the First
Amendment and our other rights of the Constitution, we don’t belong in
business here. I believe it is a hundred year old tradition that is being
abolished, in a dictatorial fashion. I wonder how many other school
districts in the country have enacted such a restrictive covenant.
Apparently, the Board is embarrassed and upset by some of the questions
raised by the public and this a way to duck out." Not one of the
Board commented.
Longtime resident and Board supporter
Frank Tucker told the Board, "I guess I have to agree with some of
the people I don’t usually agree with. I must have five seconds to say
that I will now not have the opportunity to get up here and fight for what
I believe in, which is this Board and the administrators. It is also the
school district and the job they are doing in educating our children. You
have also taken that away from me."
Michael Raab told the Board, "I too
enjoyed the ability to come up and talk to you one on one. The purpose of
an open meeting is to know how each individual stands on an issue."
Grover told the public [his words are
verbatim]. "We will discuss it [meeting format] at the next planning
meeting. The intention of the "roundtable" discussion is when we
have to address somebody at the podium, it becomes a much more formal
arena. And I talk to everybody else the same as I talk to everybody else
in this room. And it’s very hard to address a person in this format
without being seen, and I could use the words that have been used against
me - arrogant. I can’t demonstrate the same passion speaking across the
microphone and you speaking across your microphone, as I can sitting at a
table across from you. You can make your points much clearer to me and
speak much more passionately to me or another Board member or an
administrator sitting across from the table. It’s not to take the right
away from anybody and I understand that. We can change the formats between
us any way we want. We were looking for a way of better reaching for the
public. Better reaching to our staff, without having the formality of
going directly across the microphone. I will discuss it at the planning
meeting with the other Board members to see what they think. Personal
contact means a lot. The last couple of meetings that we had the
"roundtable", I’ve gotten a lot more information and a lot how
people truly feel than would never have been demonstrated across that
microphone or across this table."
Anybody that spoke to Grover, or any other
Board member, could have picked up the phone and spoke to him about the
same things.
Dr. Lorna Lewis, a Freeport resident and a
school administrator in another district, told Grover, "I have issues
that are not on the agenda, like report card timing, report cards and the
procedure for calculating a final exam grade that was changed in the high
school without prior notice. And the fact that the curriculum, which is
supposed to be under your government, has not been regulated by you. When
would I have that opportunity to address these issues?"
Grover said, "At the end of this
meeting I will be happy to sit down with you."
Lewis replied, "When I speak to one
Board member I am not addressing the Board. When I have a conversation
with one person, I have not addressed the Board. Unless you are going to
have three Board members speaking to me, it is not an official
action."
Grover said, "I don’t think that
even discussing something with one Board member or three Board members is
going to create a specific action this evening. But if you spoke with one
two or three Board members, you’re filling our ears with information
that will be brought back to all of us by our other Board members.
Lewis responded, "I am asking about
regulations that have been violated. I’m asking about curriculum
processes that have not have taken place the way it’s supposed to. I am
asking the Board, not one person, the Board to respond to the process. I’m
not asking for one Board member to respond to me. I’m asking for the
Board as a body to respond to me about the process of change in a
district. Can one person come in and make changes in a district that must
by regulation, be done by the Board?"
Grover answered, "No. One person
cannot come in." Lewis asked, "Then why has this occurred and
when do we get to address that?"
Grover told her, "I’ll be happy to
sit with you this evening and address it. Lewis said, "I will have to
sit with three Board members to discuss it."
Grover responded, "Well, we will put
three Board members together."
Lewis, who is active in the district and
attends most of the Board meetings, explained to FNYN after the meeting
that she didn't' know the District Policy Manual had been changed. When
she was told that a 310 Appeal was filed with Commissioner Mills about
this very thing and that the District has been claiming that everybody
knew about it, she said, "That’s news to me."
Your reporter addressed the Board
regarding the meeting format. "With all due respect Mr. Grover. Three
Board members constitutes an open meeting. You folks have surreptitiously
decided to evade, avoid and obliterate the very meaning and intent of the
Open Meetings Law. You said that you discussed what each one of you
brought back from these secret meetings from each little table. When is
this discussed between you folks? What has been brought back to this Board
of Education?"
Grover responded, "I’m sorry, I don’t
understand your question."
FNYN continued, "You said that you
each discussed individually with folks at the tables, what the people said
and the information is brought back to the Board. When and where?"
Grover answered, "Many of the times
additional Board members will call each other. I’m in constant contact
with the other members of my Board."
FNYN said, "Somebody has to report
back to the Board. You’re breaking up into little committees. Somebody
has to report back to the Board. You haven’t adjourned the meeting,
because you are still all here. What you are doing is not legal. It flies
in the face of the case law. I would suggest you check with your attorney.
Grover assured the public, "We’ve
checked with him."
WHERE IS THE SUPERINTENDENT?
One resident commented that she regretted
that the Superintendent couldn’t clear her calendar to attend the Board
meeting.
Dr. Lewis asked if the resignations being
considered by the Board included the Superintendent’s. Grover said it
didn’t.
Lewis asked, "Are we ever going to
address the fact the Superintendent is no longer going to be the
Superintendent and discuss the process by which we are going to select a
new superintendent? Grover responded, "The Superintendent has not
given me her resignation. She had interviewed in another district."
Lewis said, "The newspaper in that other district said she signed a
contract."
Grover told Dr. Lewis that Moffett has not
given him her resignation.
Your reporter then addressed the Board.
"Mr. Grover, can you tell me where the Superintendent is
tonight?"
Grover: She has got another engagement.
FNYN: Can you tell me where she is?
Grover: No, I cannot tell you where she
is.
FNYN: Do you know where she is?
Grover: No I don’t.
FNYN: Did she tell you she wasn’t
showing up?
Grover: She said that she had prior
commitments that came up suddenly.
FNYN: That’s more important than
attending a Freeport Board of Education meeting?
Grover: Apparently, that must have been.
FNYN: Do you expect the Superintendent to
resign?
Grover: I don’t have a resignation in my
hand.
FNYN: That’s not my question. Do you
expect her to resign? Are you expecting a resignation from this
Superintendent?
Grover: I don’t see anything on the
agenda that requires an answer.
FNYN: Quite frankly Mr. Grover, you haven’t
been sticking by the rules, so my question is do you expect the
superintendent to resign?
Grover: Indications are that she probably
will be resigning. As of this point, I do not have a resignation.
FNYN: Do you intend to accept that
resignation after all the things we’ve done for her, and after all the
good things you have said she has done for this district? Keep in mind you
don’t have to accept her resignation.
Grover: I understand that.
FNYN: Do you intend to accept her
resignation?
Grover: I have not discussed that.
FNYN: Well, I’m discussing that now.
Grover: I’m not ready to answer that
question.
FNYN: As the president of the Board of
Education, are you in favor of her resigning?
Grover: I’m not prepared to answer that
question.
DR. MARY BEDIAKO’S TENURE
One of the evenings agenda items was the
granting of tenure to Dr. Mary Bediako, the Director of Personnel. Bediako
was hired from Uniondale after the forced resignation of Dr. Thelma
Simpkins, the only Superintendent in the history of the Freeport schools
that had to sign what was tantamount to a gag order in order to
receive her retirement incentive.
When Bediako was hired her title was
changed to Director of Personnel, as the law required that after the
elimination of Simpkins position of Assistant Superintendent of Personnel,
the position had to remain vacant. Apparently, with the time constraints
passed, the Board changed Bediako’s title back to that of Assistant
Superintendent of Personnel.
Bediako, throughout her tenure as Director
of Personnel, has been close to incompetent. She rarely has the required
materials ready for the school Board meetings and when she does, she doesn’t
make enough copies. FNYN has spoken to teachers from Uniondale, her former
district. They refused to talk unless they remained anonymous. FNYN prints
their observations as they mirror Bediako’s performance in the Freeport
School District. These people said that Bediako would fall to sleep at
Board meetings and that when she did speak, she was almost impossible to
understand. One Uniondale teacher said, "Just about everybody was
glad to see her go. She’s your problem now."
Early in the evening’s meeting, Union
President Lillian Gutman came to the microphone asking for a copy of the
agenda and the list of personnel items, as there weren’t enough copies
to go around. Bediako said, "I made seventy five copies." Gutman
left the microphone empty handed.
Another resident said, "I don’t see
the list of CO-curricular assignments attached to the agenda. I don’t
know what is going on with that item." Bediako, who had not been
paying attention, fumbled around for a time, looking for the CO-curricular
assignment list. Unable to find it she said, "Those are the summer
school assignments." For some unexplained reason, neither the Board
nor Bediako thought in was important enough for the parents of the
district to know who was being assigned to the summer school.
Your reporter addressed the Board
regarding the proposed granting of tenure to Bediako.
FNYN: According to the agenda Dr. Bediako
is up for tenure tonight. Can you tell me why you would consider granting
her tenure.
Grover: I won’t discuss a personnel item
with you this evening.
FNYN: I’ll ask again. Can you tell me
what basis you used to consider granting Dr. Bediako tenure.
Grover: Her job performance.
FNYN. Can you tell me some of the good
things she has done for this district.
Grover: I am not prepared to discuss that.
FNYN: Do you know any of the good things
she has done for this district?
Grover: I am not going to discuss a
personnel issue.
FNYN: So you can’t actually say she has
done anything good for this district.
Grover: I will not discuss any specific
individual's personnel issues.
FNYN: What I asked you is, what has she
done to benefit the district in her capacity of Director of Personnel and
Special Projects?
Grover: She has performed her job very
well.
FNYN: She has? But you can’t tell us any
specific instances of that.
Grover: No.
THE "ROUNDTABLE"
After the Board approved every item on the
agenda without one word of discussion between them, they stood up, without
adjourning the meeting and split off into different places in the room. VP
Renken stood in the front as Grover walked toward the entrance. Board
member Ellerbe headed over to Dr. Lewis and Board member Muscara initially
went over to the other side of the room.
Your reporter tried to talk to Grover, but
he ran away, claiming he was busy. FNYN asked Muscara if was going to
accept the Superintendent’s resignation, if she offered it. He said he
would think about it.
Your reporter asked VP Renken how much
business his firm has done with the District since he became a Board
member. Renken skirted the issue by claiming that it was the Equitable
that sold the insurance and that anybody could do that. Renken did not
volunteer that the Equitable was the underwriter and it was his firm that
was actually selling the insurance. As a Board member, Renken is not
supposed to be doing business with the District. FNYN also asked Renken
how he found out what the other Board members were talking about. He said,
"We report to each other on the phone."
After about thirty minutes, the whole
Board had gravitated to the table where Dr. Lewis and Tony Ciaglia, the
Assistant Supt. of Curriculum were sitting. Ellerbe and Muscara were
taking copious notes. Grover was standing in the back listening. Renken
and the Union President and the former Participation In Government
Teacher, Lillian Gutman were having a private conversation. Incredibly, at
one point, Gutman reacting to something that was said, said, "I want
to go on the record..." Other than Ellerbe and Mascara's note taking,
nobody was keeping a record.
At one point in the conversation Dr. Lewis
was heard to say, "This is a disgrace. We were on the border of
toppling over. This is the only district that does this." At another
point during the conversation Ellerbe explaining the benefit of the new
meeting format said, "When you’re at the podium, you’re not
speaking to me, you’re speaking at me."
After an hour of the
"roundtable," the Board went into executive session for a matter
of personnel. As the Board was going into executive session, Ellerbe told
the people at the "roundtable, "There were two great issues that
I’m bringing back to the Board."
SUNDAY COWARD
As the "roundtable" thing
convened, newly elected Board member, Sunday Coward left the meeting. The
next day your reporter bumped into Coward as she was dropping her daughter
off at the Archer Street School. FNYN asked Coward where she went. Coward
replied, "I thought the meeting was over."