Published: April 08, 2008 10:33 pm            

LEW-PORT: Lilly, board spar over legal representation

District approves contract to market recreation facilities

Kept off the Lewiston-Porter School Board for the past nine months and reinstated two weeks ago, Ed Lilly wasted no time making his presence felt at his first regular meeting back.

Lilly pushed Tuesday for the board to rescind the indemnification of former board members David Schaubert and Louis Palmeri it had approved last month before he was reinstated. Lilly is the plaintiff in their cases, having filed a $650,000 slander and libel suit against them and current board member Michael Gentile.

District attorney F. Warren Kahn warned Lilly that his motion and vote in a matter in which he had a vested interest could be subject to censure.

“I think it’s illegal for (Lilly) to make the motion,” Kahn said. “And ... I think it’s unethical.”

Kahn added: “I wouldn’t want the ethics board of the state of New York to investigate a conflict of interest.”

Lilly repeatedly challenged Kahn, who said Lilly was trying to deprive Schaubert and Palmeri legal defense by making the motion.

“Is there a reason they could not defend themselves?” Lilly said. “Are they prohibited from hiring their own attorney?”

Lilly added: “The school is not named in the lawsuit.”

Scott Stepien, who had been removed and subsequently been reinstated along with Lilly, said the slander and libel are “intentional torts” and thus should not be defended with public money.

The board members who voted for the indemnification last month were not persuaded though.

“The protection of public officials for what they say or write while performing their duties is beyond critical, especially for these volunteer positions,” said board president Robert Laub, who upheld the indemnification. “Otherwise, why would anybody in their right mind assume the responsibility?”

By a vote of 3-3 for Schaubert and 4-2 for Palmeri, both of Lilly’s motions failed. Gentile, who is a defendant in the lawsuit, abstained from both votes.

In other board action Tuesday:

• The board approved a contract with 360 Sports, a company that would market the district’s recreation facilities and “create a revenue stream” by renting the space out to host events such as sports tournaments.

The fees paid to 360 Sports and the revenues will be decided on a case by case basis, Interim Superintendent Don Rappold said.

“They take a cut based on negotiations we have,” Rappold said. “If we initiate something, we’ll have to negotiate a fee for them to coordinate, organize and facilitate the activity. But they’re the head hunters.”

Board member Scott Stepien said he was concerned about “competing with Rich Stadium.”

“We have a statutory mandate to educate for K-12,” he said. “I don’t want to go looking for the Pittsburgh Pirates. We’ve got enough to occupy ourselves with.”

Stepien was the only member to vote no for the contract.

• A high school’s Junior ROTC memorandum of agreement program was approved by the board. The program would enable students to enroll in an elective U.S. Air Force program without obligating them to serve in the force following graduation.

The program could cost upwards of $40,000, but without 10 percent, or 80 students enrolled, the program cannot be implemented.

Stepien said he wasn’t sure the suburban setting of a well-off school district like Lew-Port was consistent with the kinds of schools hosting the other Junior ROTC programs in the area.

Principal Paul Casseri said he had surveyed sophomores and juniors last year and 36 families expressed interest in utilizing the program — but if the district falls short of the quota, the program will be canceled at no cost to the district.

“We’ll have to see what ultimately comes of it,” Casseri said. “If it doesn’t work out for Lewiston-Porter, then it won’t work out for us.”

        

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