*****NEW****Click on link below to be directed to the Hodgson Russ Legal Bills Jan- May 2016- THE FLEECING OF THE TAXPAYER.

Wednesday, February 24, 2016

Could it be that New York State Education Office of Counsel currys favor?

On April 30th, 2014,  Thomas Flynn the turd,  David Yoviene, Laura Heeter, and Patti (bubble over the eye) Collins, and Dick Jetter commence a journey that would lead to the unethical removal of an elected official.   Dick, who's insane conducted landed him in rehab for several weeks,  out of job due to his inability to control the thirst,  delusions, affairs of the heart, dinging up his Nissan,  and theft of District funds, operated under the legal advice of Andrew Freedman to bring trumped up charges against Catherine Forcucci.  

Andy Freedman, of Hodgson Russ fame, dug up David Hoover,  fresh out of retirement from Erie One BOCES, to act as the prejudiced hearing officer and the theatrics of the Hamburg Boars of Education reached new highs.  For months, Hamburg taxpayers footed the legal bills to remove Forcucci from office.  A conservative estimated would put the dollar amount of  David Hoover's kangaroo court hearings at no less than $250,000.  

Dick and his gang of thugs cajoled district employees into testifying against Mrs. Forcucci, and the employees were rewarded in pay raises and other perks of the job.  It was reported that Hamburg Superintendent Secretary Jennifer Lackie was given a big fat raise.  And in August 2013, Jody McNamara was given a  retroactive pay adjustment to July 1, 2012.  Yes folks, that's right, a retroactive pay raise just weeks before Dick Jetter called Jody from the basement to validate his delusions.  

Not surprisingly,  David Hoover, who not too long ago was partners in law with Andy Freedman and his Pa Bernie Freeman,  and Don Ogilvie's labor relations chump returned a decision which would recommend that Forcucci be removed from her seat.  You know readers, that election thing, that is the cornerstone of our democracy.   Perhaps, Mr. Hoover should just travel around the State of NY and appoint and dismiss board members based on what Donnie says.   Hoover decision reflected the poor judgement of a man, who from most estimates, is another Ogilvie toad. 

So, Concerned Hamburger got to thinking after a prompt from a reader.  The reader wondered where are the Court decisions and the NYS Education Commissioner's decisions in the Forcucci  matters? 

The reader reported that Mrs. Forcucci filed three legal papers regarding her proposed and eventual ouster from the Hamburg School Board.

1. Shortly after the Boars and Insane Jetter filed charges and Dick appeared on TV with Andy Freedman,  Forcucci filed a Petition with the NYS Education Commissioner stating the Boars didn't have the standing to file charges for removal.   That was in May, 2014- 21 MONTHS AGO. The Commish hasn't made a decision, yet. 
2. After removal from the Board, Forcucci filed another Petition with the NYS Education Commissioner seeking she be re-instated.  That second Petitioner was filed in October 2014-17 MONTHS AGO.
3.  After removal from the Board, Forcucci filed a motion in NYS Supreme Court for declaratory and injunctive relief from the actions of the Boars.  This was filed in September 2014, and the District through its attorney Andy had the  matter moved to Federal Court.   And in Federal Court the matter collects dust.  This proceeding started in September 2014- 18 MONTHS AGO. 

Whilst wondering about this, and thinking something smells like curry, Concerned did a little sampling of cases on the NYS Education Office of Counsel webpage.   After reading a handful of cases related to removal of Board Members, it seems that in the case of Hamburg,  NYSED provides  extra special delay tactics.  
For example,  Concerned has highlighted in purple the number of months the NYSED Office of Counsel has taken in returning decisions related to removal of Board members.  Remember folks, removing an elected official is serious business, and an answer should be given lickety split.   The term of an elected school board member is 3 years, so timeliness is important, right? 

Application of PATRICK A. NETT and RONALD R. RABY for the removal of Tina Marie Weeks as
a member of the Board of Education of the Patchogue-Medford Union Free School District.
Decision No. 15,315
(October 24, 2005)
Filed on May 16, 2005,  decision October 24, 2005      5 Months

Appeal of ANDREW GILL from action of the Board of Education of the Wyandanch Union Free School District and Rodney Bordeaux, Edna Newton, Henry Bacon, Phyllis Henry and Derrick Hardy, trustees, regarding his removal as a trustee.  And the Appeal of SAMUEL BURNETT from action of the Board of Education of the Wyandanch Union Free School District and Rodney Bordeaux, Edna Newton, Henry Bacon, Phyllis Henry and Derrick Hardy, trustees, regarding his removal as trustee.
Decision No. 14,785
(August 22, 2002)
Filed onJune 26, 2002, decision August 22, 2002         2 months

Appeal of SCOTT A. STEPIEN from action of the Board of Education of the Lewiston-Porter Central School District and F. Warren Kahn, attorney, regarding his removal from the board; and application for the removal of Robert Laub and James Mezhir as board members; Bonnie Gifford and Robert Weller, appointed board members.
Appeal of EDWARD LILLY from action of the Board of Education Lewiston-Porter Central School District regarding his removal from the Board; Bonnie Gifford and Robert Weller, appointed board members.
Decision No. 15,732
(March 25, 2008)
Filed on July 30, 2007, decision March 25, 2008         8 months

Appeal of CHARLES MAHONEY from action of the Board of Education of the Hamburg Central School District and Matthew Dils regarding attendance at board of education meetings.
Decision No. 16,605
(April 11, 2014)
Filed on June April 19, 2012, decision April 11, 2014  24 months .  
This decision was rendered moot because Dils didn't run for office again. 

In the no-show Dils matter,  the Commish said, " the appeal must also be dismissed as moot.  The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest."   

It seems that perhaps the Office of Counsel gives special favors to some Hamburg VIPs.    Is the Office of Counsel waiting until after June 2016, because the Forcucci matter will be 'laid to rest' as her term will have  expired? 

Perhaps Mrs. Forcucci should make effort to probe the Office of Counsel and the Federal Judge.   It seems like a reckless miscarriage of justice for every single person who cast a vote for Mrs. Forcucci.    

Heck, perhaps she should thumb her nose as the stench of curry, and run for the school board in May. 


Anonymous said...

Ogilvie was trying to do all sorts of unethicAl
Things with his state Ed contacts. Talk about someone who is afraid of
Someone digging too deep. Ogilvie and Osborne.... Just say those names to anyone who has been around a while. Right.

Anonymous said...

Although I understand that this blog is centered around the actions of the school board- how about a piece on the High School and their favoritism towards AP students and teachers? AP kids are being given double periods of instruction and have much smaller class sizes in the areas of Math and Science. English and History- not so much. This is happening while services for struggling students are being cut- The Learning Center is basically closed, no more Homework Assistance Program, huge class sizes for co-taught classes for students with special needs, and AIS services that didn't start until the end of second quarter (or may not have started yet). All this while departments are being told they are "over staffed". Rumor has it that new electives are being forced in some areas to "keep kids busy" without addressing the lack of focus on academics at the HS for students in their senior year-- "early release" has become the norm with kids only taking PE and Patcipation in Government/ Economics their senior year, along with a ton of study halls and their technical program. Seems like the HS programs has been designed to receive better Business First ratings, not to meet the actual needs of students.

Tom Cat said...

8:58 a.m. Thats because the school board has spent a million dollars going after a tenured teacher. A million dollars is the number, and a million more will be spent before its all said and done. Cornell is incompetent, and all the other money is being spent to keep the secrets buried deep. Why is Martinez, and Giallella still on staff? It coming up to election time, and the only board member that ever asked questions is the Catherine. There is some really big dollars being spent to keep the dirty secrets and criminal behavior under lock and key. Gallagher make up the grades for the seniors in the class of 2014, they all fudge the numbers so it looks like there s a graduation rate that is comparable to days gone by. Here is an ideal- blow them in to NYSED. Oh never mind that won't work. Wait to the real truth surfaces and why they cut all the programs to pay for lawyers and chase people around by spying on their electronics, and their houses. The teachers union is inept. Why don't you get the staff to stand up to the crooks and demand a fully funded educational program? The truth is coming and it won't be very pretty. Cornell wants electives- like the history of Buffalo. That will get these kids a job. How about teaching them something will will use and not send millions to BOCES. The EMT Program is great, atleast the kids can do something hands on and help others along the way. Cornell is not a leader- he is a blow hard. Yoviene and Heeter are up this year, get them off the board- they did nothing but blow money and embarrass themselves and the district. Go ahead speak up!!!

Sick of the complaining said...

When I was a senior over 20 yrs ago in a different area I had senior electives.
I had a variety like sociology, criminal justice, photography. I also had early release
And had a job after school. I went to a great school. It seems appropriate to me and makes
Me HAPPY my daughter is being offered the same things. A chance to get a job. A chance to
Experience different classes. The disasters class is great !
Please when you complain look at the whole picture. Kids who meet and excede
All the requirements should be able to take interesting electives and possibly early

Anonymous said...

Take off the rose colored glasses. There are no
Electives. Look at other schools
And see what they offer and then check out hamburg.

Anonymous said...

Science disasters is a junior year class offered as an alternative for the regents level classes offered. It is not a "senior year" elective, it isn't really an elective at all. it was designed to meet the science requirement for graduation for those students who didn't want to take regents level chemistry.

Anonymous said...

10:25,, there is no criminal justice. next year there will be though. sick of the complaining isn't seeing the whole picture. the HAPPY parent is racing their kid through a half backed high school program, for what? To get a job? or to go into debt to re-learn at ECC all the stuff they should have been learning in high school. 3:32 is right look at the surrounding districts and what they offer. Even Frontier has more to offer than Hamburg. Hamburg needs to get a real good handle on the money that is being spent on everything other then school programs. All Gallagher cares about is getting the kids out of here. Like someone said someone should really have a good look at the number of kids he passes every year just to keep the graduation rate artificially high. Hamburg has GREAT kids, its the adults that are not doing the right thing. The Hamburg kids deserve so much more, and the adults chose to spend the money on over paid administrators, lawyers and who knows what else. Early release is not a right, its a privilege. Ugg. Frustrated.