subscribesubscriber servicescontact usabout ussite mapBuy a Classified
Wed, Nov 25 2009 

Published: July 18, 2008 02:48 am    print this story  

LEW-PORT: Former board members denied defense for lawsuit

By Caitlin Murray
E-mail Caitlin

Niagara Gazette

LEWISTON Former board members being sued for actions during their terms last year will not be getting any help from the current school board.

By a narrow 4-3 vote, the Lewiston-Porter Board of Education voted at a special meeting Thursday night to deny legal indemnification to former board members Robert Laub, James Mezhir, Louis Palmeri and David Schaubert.

Scott Stepien, Ed Lilly, Robert Weller and Edward Waller voted against providing legal defense while Michael Gentile, Keith Fox and James Sperduti voted the other way.

Stepien filed a federal lawsuit against the four former members alleging they conspired to violate his rights of free speech and to hold public office for their role in removing him from the school board last year. The board majority last year removed Lilly and Stepien after charging them with misconduct for failing to take a state-mandated training course. State Education Department Commissioner Richard Mills later overturned the removal, calling it pre-emptive and too harsh.

The question in Thursday’s vote became one of state education law — section 3811 of the law “provides that a school district must pay for legal expenses incurred by board members in proceedings arising out of their official duties,” according to written decisions by the commissioner.

Before the vote, the board met in private session for about two hours to receive counsel from a new legal team on special assignment. Former district attorneys F. Warren Kahn and Hodgson Russ LLP are also named in Stepien’s lawsuit.

After the vote, board vice president Waller said the attorneys determined the board would not necessarily be violating education law by denying indemnification to the defendants.

“Legal counsel said the risk was no greater if we said yes than if we said no,” Waller said. “By saying no, we’re not putting the district at enormous risk.”

Weller, board president, said the legal limitations were not completely clear, but he felt the defendants were not entitled to indemnification.

“I don’t want to tell the commissioner how to do his business,” Weller said. “But I believe it’s worth challenging or questioning.”

Lilly told the Gazette he believed the defendants' actions did not qualify as proper board duties.

“Basically what it comes down is this: The board is compelled to choose a math book,” he said. “If someone wants to sue us for using the wrong one, we will be indemnified. That is our responsibility. No where does it say if you don’t like someone you’re compelled to kick them out.”

Gentile disagreed — he said the defendants had been certified as acting in good faith from the commissioner in his decision overturning Lilly and Stepien’s removal, which entitles them to indemnification. Gentile also said Stepien, as the plaintiff in the suit, stood to “benefit personally, professionally and financially” and should’ve abstained from voting.

Stepien said he weighed his personal interests and determined it was not a conflict of interest.

“I am an elected Board of Education member whose constitutional and statutory rights were violated by the former board majority and former board attorneys,” he said. “I think the public interest in me pursuing this suit and voting in favor (to deny indemnification) outweighs dramatically any private interest I have. It’s not even close.”

Gentile said he hoped with this vote the board could move past the problems of last year and return its focus to education.

“This is done. Those people are gone,” he said. “You kind of wish people would give it up and start working as a board member and they haven’t, so this is what we’re left with. Maybe if we can get past it with some more time between it, maybe this won’t be an issue in the future. Think about it: We spent two hours on this. We haven’t talked about a kid in a month.”

Contact reporter Caitlin Murrayat 282-2311, ext. 2251.

print this story  



autoconx
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Premier Guide

Find a job! Find a Home! Find a car!

Featured Jobs

FOREMAN & LABORERS
Basement Waterproofing co. needs a foreman & laborers for expanding business, exp. w/interior drain tile a plus, 471-723...>MORE

Private Investigator
Private Investigator
Proven ability and equipment to conduct surveillance, background inquires and searches. 1-5 ye
...>MORE

DRIVER
Driver, light pick up & delivery, need own car, know WNY, valid NYS driver lic., good pay 694-1251...>MORE

Adult Residential Services Administrator
HUMAN SERVICES
Progressive Niagara County Agency serving adults with psychiatric disabilties seeks an Adult Reside
...>MORE

Dental Reception
Maintenance
Supervisor
FT Maintenance Niagara Falls YMCA. HVAC, electr., plbg, carpentry, cleaning, pool. $13.
...>MORE

SHIPPING CLERK
Shipping Clerk, p/t, 30-35 hrs. wk., exp. in warehouse environment, knowledge of Word/Excel, data entry, UPS, freight ch...>MORE

Cook
COOK full time.
Apply in person only,
Augie’s Diner,
2470 Military Rd.
...>MORE

Sale Interviews
SALES. Joe Cecconi's Chrysler Complex, 2380 Military Road, Niagara Falls, NY 14304. Joe Cecconi's offers: Excellent pay ...>MORE

Hospitality/Tourism Instructor
Hospitality/Tourism. NIAGARA COUNTY COMMUNITY COLLEGE is seeking applications for part-time instructor to teach hospita...>MORE

Nurse Practitioner
NURSE PRACTITIONER-CARDIOLOGY. Full time. NYS license with one year of recent coronary care or cardiovacular care experi...>MORE

See all ads

Feature Autos

Yamaha 1982, 750
YAMAHA 1982, 750, runs perfect,
low mileage, $895.
716-525-2889
...>MORE

1984 Cadillac Eldorado
CADILLAC Eldorado 1984, runs, inspected, $500. 283-3552....>MORE

Ford 2001 Taurus
Ford 2001 Taurus Station wagon, well maintained, 112,000 miles Siver ext. 4 dr, auto, asking $2800/BO. 716-772-2454....>MORE

Nissan 1993 4x4
NISSAN 1993 4x4, extended cab, bedliner cap, $1200 or best offer, 715-2450...>MORE

Dodge 1993 Dakota 4x4
FORD 1999 WIndstar, LX, fully loaded, 38k miles, $3850. Excellent condition 860-4747...>MORE

1996 Ford Escort
FORD 1996 Escort 4 cyl, 2 dr, exc cond in & out, no rust, 1 owner, only 61k orig mi, $2195. 523-7102...>MORE

Chevy 1995 Pickup
CHEVY 1995 Pickup truck, 4WD, 5 speed, must see, never had plow on it, $2800 bo, 804-5579...>MORE

1999 Dodge Caravan
DODGE 1999 Caravan, 33, V6, auto, A/C, 99k miles, good cond., runs great. $1950. 525-7796...>MORE

Ford 1999 Windstar
FORD 1999 WIndstar, LX, fully loaded, 38k miles, $3850. Excellent condition 860-4747...>MORE

1996 Saturn Sport Coup
SATURN 1996 Sport coup, 4 cyl, auto, exc cond in & out, loaded, CD, no rust, 97k orig. mi, $2195. 523-7102....>MORE

See all ads





 

Community Newspaper Holdings, Inc.CNHI Classified Advertising NetworkCNHI News Service
Associated Press content © 2009. All rights reserved. AP content may not be published, broadcast, rewritten or redistributed.
Our site is powered by Zope and our Internet Yellow Pages site is powered by PremierGuide.
Some parts of our site may require you to download the Flash Player Plugin.
View our Privacy Policy
Advertiser index