April 2005 Vol. XIX, No. 3 
 

     ANNUAL
LEGISLATIVE
BREAKFAST
HELD
MARCH 15^TH

The Association held its annual legislative breakfast on Tuesday, March 15^th at the Fort Orange Club in Albany. More than 60 Superintendents, Board of Education Members, Legislators and Staff were in attendance to hear the Chairs of the Senate and Assembly Education Committees (Stephen Saland and Steven Sanders) and the State Comptroller, Alan Hevesi. The two Legislators spoke about their efforts to arrive at an early, perhaps even on-time State Budget. Less was said than expected about the CFE litigation and the need to reform education finance statewide. It almost appeared as if that issue has been placed on the back-burner for the foreseeable future.

The Comptroller spoke with conviction about the need for greater accountability in school districts. He described the OSC audit function and the grisly details of the Roslyn CSD debacle. Over $10 million was misappropriated by three of the most trusted officials in the district through an extravagance of expenditures which almost defied belief. He stated that the lessons were obvious and required greater involvement, oversight and training by the members of the BOE throughout the state. His five point plan was designed to address the clear defects in the current system of fiscal accountability.

ASSOCIATION
HOLDS
PRESS
CONFERENCE AND FILES EDUCATION FINANCE REFORM LAWSUIT

The Association held a press conference following the legislative breakfast to announce the filing of its lawsuit. In attendance were, representatives of the Association’s Board of Directors and Litigation Steering Committee Thomas McGowan, Charles Dedrick, Daniel Lowengard, Scott Wexler and Executive Director/Counsel Robert Biggerstaff. Also attending were representatives of NYSSBA, NYSCOSS and NYCLU. Assemblyman Paul Tonko, Democrat from Schenectady and Amsterdam, appeared and spoke passionately in support of the lawsuit and small city schools. The media covered the event well and numerous articles appeared in papers around the state. 

Three days later, on March 18^th, the summons and complaint were filed in State Supreme Court, Albany County, and then served on the Attorney General (AG), thereby officially commencing the litigation. The AG has, by law, twenty days to serve its answer to the complaint. On April 1^st, the AG requested additional time to answer and the request was granted, giving the State until June 17^th to serve its answer or a motion to dismiss. We believe there is a strong possibility that the State will file a motion to dismiss at that time, requesting dismissal of the complaint on various grounds such as failure to state a cause of action. Such motions are somewhat routine in litigation of this nature and would serve at least two purposes for the AG, causing delay while appeals from any decision on the motions are taken and eliminating some of the plaintiffs named in the complaint. As a general proposition, however, an adverse ruling on such motions would not be fatal and any such ruling would nevertheless permit refiling the complaint as long as the objections sustained by the court were addressed. 

Last week, a Request For Judicial Intervention was filed and an RJI number assigned. As a result, Judge Joseph Cannizzaro was assigned to the case. Judge Cannizzaro is the judge also assigned to the Utica CSD case. His office should be setting a date for a ‘scheduling conference’ in the next few weeks. At this conference the court sets general guideline dates for motions, discovery and trial. 

To date, twenty seven small city districts have passed resolutions supporting the lawsuit. Sixteen districts have agreed to be named plaintiffs in the action and eleven have agreed to support the Association’s efforts. Time remains for additional districts to be named as plaintiffs and, of course, any districts wishing to be included as supporters may do so at any time. The following is a list of those districts currently involved as plaintiffs or supporters:

Litigation Progress Chart for Participating Districts

* effective 2005-06

** supporting districts 

ANNUAL CONFERENCE SCHEDULED FOR MAY 22^ND AND 23^RD IN SARATOGA SPRINGS

Please Note:
Conference
registration and
hotel registration
can be accessed
on the Association
website
(http://scsd.neric.org)

Planning for the Association’s annual conference is underway. The event has been scheduled for Sunday, May 22^nd and Monday, May 23^rd at the Gideon Putnam Hotel in Saratoga Springs. The Association has invited a number of interesting people to speak to our members including Frank Mauro (Fiscal Planning Unit, Rockefeller College), Michael Rebell, esq., Executive Director of Campaign for Fiscal Equity and Senator Raymond Meier (R – District 47) who have already accepted an invitation to speak at the conference. 

The Association is working on two seminars for Monday. Lonnie Palmer of NYSSBA (former Superintendent of Albany City School District) and Charles Winters, Association Consultant have agreed to lead a seminar on the benchmarking report and the Rockefeller Grant which would fund the benchmarking reports for all small city school districts. Also in the works is a seminar by Frank Mauro and Michael Rebell who will give a ‘soup to nuts’ look at education finance reform litigation and legislation. By the time of the conference the Assembly should have introduced and begun to pass a bill (A.100) enacting finance reform. This bill was principally drafted by CFE and is a significant step toward achieving meaningful reform on a statewide basis. 

The Gideon Putnam hotel has also made available information on activities available at or near the hotel and below in a partial listing of what is available. 

SPA STATE PARK: tennis courts, jogging and bicycling trails                                           

BICYCLES: available on property for rental                                           

FITNESS CENTER: arrangements have been made with a local fitness center. passes available at front desk.                                           

SHOPPING/OUTLETS: historic downtown shopping district - minutes away                                      

GOLF: The hotel is surrounded by 18-hole championship golf course and a Par Three executive course. Rental clubs are available and starting times are required.
9-hole 518-584-2007
18-hole 515-584-2008

LINCOLN MINERAL BATHS: located within a five minute walk from the hotel - includes mineral baths, massages and other spa treatments 518-583-2880                                         

MUSEUMS:
national museum of dance 518-584-2225
national museum of racing 518-584-0400
casino/museum 518-584-6920
saratoga automobile museum 518-587-1935

SARATOGA BATTLEFIELD: 518-664-9821

We are looking forward to an informative and entertaining 18^th convention. Please feel free to contact our office with any questions or suggestions (518-475-9500 or beb@biggerstaff-firm.com).

BOARD
MEETS
IN
ALBANY

 The Association’s board of directors met Monday, March 14^th in Albany. Issues discussed included the Governor’s budget, debt ceiling, charter schools and education finance reform litigation. Of particular interest was the Association’s litigation to be filed on the 18th and the press conference scheduled for the 15^th, after the Legislative Breakfast.  The board discussed the strategy of the SCSD litigation and explored the similarities and differences between the claim of NYC in the CFE case and the claim of small city districts. It also reviewed the financial support for the lawsuit (which is strong) and noted that 16 districts had agreed to be named plaintiffs and 11 more had agreed to support the Association’s efforts financially.

SALAMANCA
BOARD
HIRES
NEW SUPERINTENDENT

Mr. Rick Thomas Moore, of Allegany, New York has been hired by the Board of Education to serve as Superintendent of Schools, effective January 1, 2005.   The extensive search concluded with day-long interviews by a community/parent group, administrators, teachers, staff, and students followed by a Board visitation to Otto-Eldred High School.  Board President Welch commented, “He is our overwhelming choice”, and he is just as excited about joining us!

Mr. Moore is a graduate of Bowling Green State University (BS in Education, MA in Political Science), Nanzan University of Nagoya, Japan, and St. Bonaventure University (MS in Education). 

He has amassed twenty-four years in the field of education, which included four years in his current position as Principal for Otto-Eldred Junior-Senior High School, three years as an Olean High School Assistant Principal, ten years as a Social Studies Teacher at Olean High School, and seven years teaching for Lutheran Social Services.

A warm welcome is extended to Mr. Moore as he becomes the leader of Salamanca’s community of learners!

DATES
TO
REMEMBER

May 22-23, 2005 Annual Conference and Association Annual Meeting at the Gideon Putnam Hotel, Saratoga Springs