David Zehner
/ file photo
SYRACUSE -- A State Supreme Court judge has made a ruling in a case involving the Jordan-Elbridge Central School District.
The judge ruled the "Board of Education of the Jordan-Elbridge Central School District violated the Open Meetings Law on July 21, 2010 when it appointed Sue Gorton as Interim Superintendent in Executive Session."
Suspended High School Principal David Zehner filed a lawsuit, saying the school board violated the open meetings law by appointing an interim superintendent without a public meeting. The district had said the school board would formally vote on the appointment at its next meeting. Zehner was suspended from his position as principal late last month.
Current Superintendent Marilyn Dominick is retiring, two years before her contract is up. She and Zehner are two of the five administrative officials at the center of a secret administrative shakeup.
According to the court ruling, "The process has now been tainted and suggests to the public that there will be no deliberation or discussion because the outcome has already been determined, with the public vote being a mere formality. Inasmuch as the Board members participated in a private meeting with a quorum of Board members present, where topics for discussion and eventual decision as such as would otherwise arise at a regular meeting occurred, the Board has violated the Open Meetings Law."
When reached for a response, Dominick said "We don't know what to make of the decision since there was no formal appointment, but the board will be meeting to discuss the judge's decision."
Frank Miller, the newly appointed attorney representing the district and school board, said "I am somewhat disappointed that the judge made a finding of an open meetings law violation, because we had candidly admitted that a mistake was made in that the publicity got out ahead of the formal board resolution."
He added "We are committed, together with the board, to clean these mistakes up and to go forward with the open meetings law."
While the judge found the board violated the open meetings law and the appointment is now null and void, this ruling doesn't stop the board from holding a public meeting and public vote to appoint an interim superintendent.
Members of the J-E community expressed their displeasure at the school shakeup at a public meeting last week.
Click here to download and read the complete judge's ruling.
