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


Tuesday, April 12, 2016

NYSED COMMISSIONER ELIA RULES THE HAMBURG BOARD OF EDUCATION VIOLATED THE LAW

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.

20 comments:

Anonymous said...

Is anyone surprised by this? Flynn is acting for Chiacchia. Its pretty hard to win with the Commissioner..... Flynn is gonna get his ass sued off. Hopefully M and T bank will drop that drunkard and realize the dirt bag he is. Anyone hear the tapes with him on ???

Anonymous said...

What about the kids & US taxpayers. Let the teacher alone we read the decision in the Bflo News move on & stop wasting tax dollars

Anonymous said...

Hey chia chia where are you mr "watchdog" you think that the board members you hand picked keep wasting the kids and school districts money.

Anonymous said...

Dan Chia Chia- I heard 3 attorney grievance complaints against him, and dear Andy judicial ethics going at ya again? Third time a charm. So how is it one of your little clients ends up in drug rehab again, Dan. Guess all the lies are coming back at ya. Captain Meliz of the Village police--one of your own little Cullen Boys is blowing you. I mean blowing you in. Fools.

Anonymous said...

How embarrassed should the BOARD be?

Anonymous said...

Flushing tax dollars down the drain

Blair said...

Where is this decision so we can read it. Can u
Post it ? Why don't they just hire Kavanagh to
Do
The legal business of the district. She seems to be the only one who has won. And how many lawyers over the years.
Heck- if I get jammed up I calling Martha.... Forget those lawyer idiots who have done nothing but take money from the kids. Where's the decision? Please.

Anonymous said...

I have to agree. Why doesn't the district hire kavanaugh to do all the legal business of the district.
We could put the million dollars spent back in the classroom.

Anonymous said...

Wait- let me get this right-please. Miss Giallella covered up the crimes of Jetter, Jetter stole from the district and filed fake police reports and the district covered it all up and paid him hundreds of thousands to leave. James Martinez makes up lied- he said a teacher was going to bring a gun to school- and Martinez makes up test scores ( so we've been told), Andrew Freedman practically strangles Forcucci it was so bad the police were called on him during a board meeting, and they are trying to fire a teacher who did NOTHING? What the heck there most be something missing here. If I were her I sue them and be done with it. Take the money and run!

Anonymous said...

Meanwhile, a woman who runs a prostititon club and doesn't pay her rent walks around the school buildings and runs the PTA? Really, this can't be happening.

Anonymous said...

Meanwhile;
Last nights board meeting, asking for more money and a board self-evaluation? Why don't the teachers get to self-evaluate? Maybe the board should be evaluated by the teachers? I wonder if anyone of them actually were honest with themselves? They should all step down.

4-12-16 AGENDA

CALL TO ORDER
President Thomas F. Flynn, III will preside.

A.1 ROLL CALL OF MEMBERS

A.2 PLEDGE OF ALLEGIANCE TO THE FLAG

A.3 APPROVAL OF THE AGENDA
"Motion to approve Agenda.”


B. BUSINESS

B.1 2016-2017 BUDGET PRESENTATION

B.2 2016-17 BUDGET ADOPTION
Superintendent Michael R. Cornell will present the recommended 2016-17
budget to the Board for adoption.

“Motion that the proposed 2016-17 budget in the amount of $66,006,811 be
adopted and presented to the voters of the Hamburg Central School District
in one proposition on May 17, 2016 as follows:

PROPOSITION #1 BUDGET
“Shall the Board of Education of the Hamburg Central School District be
authorized to expend the sums set forth in the proposed 2016-2017 budget in
the total amount of $66,006,811 and levy the necessary tax?”

B.3 COMMUNITY FORUM – PROPOSED CAPITAL IMPROVEMENT PROJECT
Each speaker may have up to five minutes to speak on capital improvement items
only. Please be respectful of the audience, school district staff, visitors, and
Board members. The school district staff and the Board of Education Members
thank you, in advance, for taking time to come to the meeting and giving the
board the opportunity to hear your voice.

B.4 BOARD SELF-EVALUATION

Anonymous said...

Supposedly Staring at another teacher. Delusional all directed by Richard Jetter & Daniel Chiacchia. All a smoke screen to keep legal records out of the hands of the elected board. All telling in the legal records about Andrew Fleming's financial & legal involvement over the past 5 years. Have to keep this covered up or Fleming is screwed. Their friends on the board take their directives from Dan Chicchia & Andrew Fleming Village Justice

Anonymous said...

Sad, and the kids continue to lose programs, clubs, larger classes and the tax dollars that should be directed toward them. Hire a local Supt. this new guy is just a continuim of the last Supt. which cost the kids a bundle. We all were hurt & deceived by Mr Jetter. A few were vilified by not supporting&be posing him were apparently right in not getting behind Mr Jetter in the first place. How many community meetings did Dan Chicchia have to protect his partner & law firm from exposure? He had his meetings to vilify the wrong people. Ones who know why the two lawyers behave do badly. Business from the judicial bench directs to their law firm. "Call Dan" if you want a seat on school board. Law firm still at it. Teachers bring used as the law partners pawns

Anonymous said...

vote NO on the budget and force them to cut the administration. Cornell makes 175 per year- and he has to call the lawyers to ask permission to go
To the bathroom. Must suck to be absent of a brain and morals. No more money!

Anonymous said...

10:32. According to the minutes from last night's board meeting the school is calling for a decrease in school taxes. Do you really think that voting no on the budget is going to happen?

Hanburg parents need to run for positions on the school board. That's the only way things might change in Hamburg. Or a Hamburg senior should run for the board.

Complaints on a blog do nothing to enact actual change.

FEEL THE BERN said...

4:29 pm- super true! But, I know people complain about the blog and sometimes there is some really wild stuff on here by the commenters. And the author has an unusual way of telling a story- sour and sarcasm is loud and clear- and some of the posts are just down right hilarious. Now, I know that people get angry, and they are allowed to. But every darn thing I have read on here, with a great deal of doubt turns out to be absolutely true. The blog is what the people make of it. If no one comes here- then there is no blog. But, people who want to know what goes on and can separate out the snarky comments and hyperbole, all know this thing reports real happenings in our school community. I for one had no idea the PTSA mother of the year owned the burlesque clubs? Is that troubling, well yes it is. Our young girls are already way too self aware of their bodies and looks, and we need to teach them by example to be strong intelligent women- mind body and spirit. So, yeah, I read it and think about it. And I think this thing does bring change, because people read it and react or maybe question stuff they never thought of before or knew what was going on. So, that said, voting no on the budget might give these board members a awake up call. I don't know this Dan Chi??? but it is pretty weird that he payed all kinds of money for to stack that board up. Why? Thats a real good question. I will never vote for anyone who has been on the board before and will be voting NO on the budget. Maybe someone will sit up and get a reality check? Just my opinion- FEEL THE BERN!!!!

Anonymous said...

feel the BERN, our school district leadership is totally screwed up. Yes this woman has hired some troubled young 18 year old graduates of Hamburg & Frontier to dance around dirty old men.
I believe Christina Whipple aka PTA President strip clubs were shut down twice before both times for prostitution & cocaine. Check out her press statement from Ms Whipple after the first transgression. Lol

Anonymous said...

https://iapps.courts.state.ny.us/webcivil/FCASMain

BLAIR - PASTED ABOVE IS THE LINK TO NY SUPREME COURT CIVIL CASES. EASY TO USE.
PASTED BELOW IS LINK TO HAMBURG SCHOOLS V KAVANAUGH. YOU WILL BE ABLE TO READ E-FILED DOCUMENTS SUCH AS HEARING OFFICER'S DECISION AND TESTIMONY OF ADMINISTRATORS WHO HAVE RECEIVED HUGE RAISES FROM BOE TO PERJURE THEMSELVES IN ORDER TO MAINTAIN THE COVER-UP; DRUGS, CORRUPTION, THEFT OF PUBLIC MONIES. ONE THING THEY ARE NOT COVERING UP IS THEIR INCOMPETENCE AND IGNORANCE. FORCUCCI AND THIS HEARING OFFICER DID NOT NEED TO BE 'LONE INVESTIGATORS.' THE DISTRICTS WASTE, FRAUD AND ABUSE OF POWER IS RIGHT ON THE SURFACE: JUST PRETEND ADMINISTRATORS AND BOE CAN'T BE TRUSTED, CUT THROUGH THE 'TEAM' DOUBLE TALK (SPORYZ IS THE PRO SPIN DOCTOR) AND LOOK AT THE FACTS. NO LAURA, ITS NOT 'ALL ABOUT THE KIDS'. ITS ABOUT JOBS AND PENSIONS FOR FRIENDS AND FAMILY. YOU SHOULD KNOW; YOU RECEIVED YOUR KICKBACK FOR KEEPING THAT HEAD EMPTY AND HEART SELFISH AND WEAK-HIRED AS A BUFFALO TEACHER WITH A JOB CONVENIENTLY LOCATED TEN MINUTES FROM YOUR HIGHLAND AVE HOUSE. SWEET! BUT CAN EX-CONS COLLECT PENSIONS? CAUSE LIKE JETTER YOU ARE GOING DOWN.
NO DAVE ITS NOT ALL ABOUT THE KIDS, ESPECIALLY NOT WHEN YOU CALL HOLLY MINUTES AFTER YOU WITNESSED JETTER'S 'VANDALIZED' CAR IN UPES PARKING LOT AND BLAME TWO INNOCENT HAMBURG CHILDREN WHO HAPPENED TO BE FORCUCCI'S DAUGHTERS. YOU ARE A HEARTLESS BRAINLESS FOOL AFRAID OF HIS OWN SHADOW.ARE YOU AFRAID OF ERIC SCHNEIDERMAN? DO YOU EVEN KNOW WHO ERIC SCHNEIDERMAN IS? NO, YOU WERE NOT ELECTED TO PRAISE THE CHILDREN BUT TO HELP THEM BECOME EDUCATED BY MAKING SURE THAT MILLIONS OF DOLLARS OF OUR TAX MONEY IS NOT STOLEN OUTRIGHT BECAUSE THE DISTRICT DOES NOT HAVE AN ACCOUNTING PROTOCOL YET. BUT GIVE 'EM A BREAK... ITS ONLY BEEN 75 YEARS OF HANDLING HUNDREDS OF MILLIONS OF TAXPAYER DOLLARS. THEY CAN'T BE EXPECTED TO KNOW PROPER ACCOUNTING METHODS YET, CAN THEY? NO EQUIPMENT INVENTORIES, NO FUEL USAGE REPORTS, NO TIME CLOCKS OR TIME SHEETS FOR NON=INSTRUCTIONAL STAFF. ADULTS DON'T PAY FOR THEIR CAFETERIA LUNCHES, OR IF THEY DO THE CASH REGISTER CAN ONLY RING UP $6 SO ANYTHING MORE THAN THAT IS ON THE TAXPAYERS' TAB, RIGHT CAM? OH! DON'T FORGET THAT THE SAME PERSON COLLECTS, COUNTS, RECORDS AND DEPOSITS ALL THE CHECKS AND CASH THAT COMES INTO THE ADMIN OFFICES. AND SPEAKING OF CASH, DID YOU KNOW THAT THE EXTRA-CLASSROOM ACTIVITY ACCOUNT BALANCE WAS RECENTLY DEPLETED BY OVER $500,000? READ IT AND WEEP! ITS ALL FROM THE LOCAL AUDITORS THAT THE BOE HANDPICKED. AND YOU AIN'T SEEN NOTHING TILL YOU READ THE COMPTROLLERS AUDIT AT

http://osc.state.ny.us/localgov/audits/schools/2014/hamburg.htm

AND HERE'S THE DISTRICT GETTING BLASTED BY KAVANAUGH'S HEARING OFFICER ⬇️

https://iapps.courts.state.ny.us/webcivil/FCASCaseInfo?parm=CaseInfo&index=la3jFBHkqGym4cVAO8gY7Q%3D%3D&county=7ZhIfIq8C3LK1brsbTtHYg%3D%3D&motion=M&docs=&adate=04/21/2016

YOU CAN TELL THAT ANDY FREEDMAN DIDN'T HAVE SOLE CONTROL OVER PICKING THIS HEARING OFFICER. WHERE'S DAVID E. HOOVER WHEN YOU NEED HIM? (...PROBABLY RETURNING THE NYS PENSION HE STOLE FROM US TAXPAYERS WHEN HE CLAIMED TO BE AN EMPLOYEE INSTEAD OF AN INDEPENDENT CONSULTANT WHO HAS NO RIGHT TO A NYS PENSION.) AND OGILVIE, WHO EARNED ALMOST A QUARTER MILLION DOLLARS A YEAR TO RAID, I MEAN RUN, ERIE 1 BOCES, SHOULD HAVE DONE SOME MORE FACT CHECKING BEFORE SIGNING OFF ON THAT NOT-SO-LITTLE GIFT TO HOOVER.
RUN DON RUN!
COME ON VOTERS! COME ON VOTERS/ACCOUNTANTS! YOUR COMMUNITY NEEDS YOU. EDUCATION IS POLITICS ... AND WE NEED A POLITICAL REVOLUTION IN THE HAMBURG SCHOOL DISTRICT.

Mrs. Heath said...

Ya know whats really odd, The Hamburg Education FACTS YOU SHOULD KNOW Facebook that posted Mr. Tresmonds resume, and Madam Ho, Eddy Piazza ( and his bride), Daniel Chia and friends claimed he wasn't qualified to be Hamburgs School Attorney? Remember those days when Chia (pet) and his haters went after a stand up honorable and fine attorney like Jim Tresmond? Chia didn't want and honorable, stand up fine attorney anywhere near the attorney records- so he started his mean spirited assault on Gentleman Jim. So, instead Hamburg got saddled with Andy Friedman who loses in a simple commissioner appeal against a school teacher (have you wiped the egg off your face yet Friedman? Wonder how those UB Law Students are gonna like to know that their "cool "prof got his ass handed to him by a teacher? Is that embarrassing Andy? ) So, not, several hundreds of thousands of dollars later Chia is missing? And where is Edziu and his monster bride (please don't tell them decide to start raising children who don't lie? ) So, may the BOARD- should start reading the decisions and realize you are getting ROBBED BLIND by two or so dozen lawyers who keep losing. Lets face it the only reason bow tied Andy got Forcucci removed is because of the dishonorable David Hoover. The only why for trash to win- is to lie and cheat. Right Boyz? Just saying.

Anonymous said...

So after all the complaining about the current school board on this site, all three people who are up for re-election are running UNOPPOSED. Time to agree that Hamburg residents just like to complain, but aren't willing to put themselves or there to make change happen.

Woohoo for another 3 or so years of litigation and wasteful spending. Not to mention padding the payroll of administrators, supporting a bloated administration and generally ignoring the needs of students.

Bravo Hamburg community, Bravo.