CH received an email late today which revealed that New York State Education Commissioner Elia ruled the 3 year paid administrative leave of a Hamburg teacher violated her property and liberty rights. The Hamburg School Board violated Educational, Civil and Human Rights.
The Commissioner's decision comes a little over one month after a hearing officer chastised the Board of Education and Cornell for failing to meet the just cause standards when deciding to discipline the teacher. It is fairly clear, the Hamburg School Board and Administration has been on a multi-year harassment campaign against teacher Martha Kavanagh.
The Commissioner ruled that the 3 year suspension of Kavanagh be "expunged" from her personnel file. And it was determined, the Board acted outside their authority in attacking Kavanaugh.
Strangely, the Board voted not once but thrice to place the teacher on paid leave. In December 2013, Flynn's motion to place MK out on leave went down like a lead balloon, and then January 2014 David Yoviene in one of his many flip flop decisions voted to place the teacher out. Finally, in March 2015 Elizabeth McPhail at the direction of senior Hodgson Russ Attorney Karl Kristoff recommended again to keep the teacher out on paid leave. Clearly, Kristoff gave very bad advice to the Hamburg School Board. It is alleged that attorney McPhail also bad advice, and as result has exposed the District to further litigation.
Hodgson Russ hothead Andrew Freedman wrote the District's reply to the Commissioner. On each and every point made by Freedman, the Commissioner told him to suck lemons. Concerned Hamburger was told that Kavanagh wrote her own petition, a.k.a "pro se". and was successful on the merits and procedural aspects of the arguments.
Concerned Hamburger must state the obvious.
How can a school district pay over 25 attorneys tens of thousands of dollars a year to represent the district, when they easily face defeat on simple matter of law, written "pro se" by a school teacher?
Concerned Hamburger asks the taxpayers to press the school board to hire legal minds that can offer sound legal advice and advert exposing the district to further litigation.
NEW- THE FLEECING OF THE TAXPAYER- HODGSON RUSS LEGAL BILL
*****NEW****Click on link below to be directed to the Hodgson Russ Legal Bills Jan- May 2016- THE FLEECING OF THE TAXPAYER.https://drive.google.com/file/d/0B03Rg-d-K8EZYVRLTUxxVmpUNzA/view?usp=sharing