12-27-12

Power of Ten Update

In this Issue:

  1. Petition almost at 1500 signers
  2. Please support the class action civil rights lawsuit

1) Petition for state oversight of East Ramapo is on Fire

There are now almost 1500 signers to the petition at www.poweroften.us/petition which was created only 7 days ago. Please share the petition with all your email contacts and friends on Facebook.

There is a Facebook event page at: http://www.facebook.com/events/342604792513847/ Clicking “Going” to the event is a great way to show your support and also an easy way to spread the word.

Expect to get a confirmation email for your petition signature. Please add steve@poweroften.us to your “safe sender” list, (aka contact list, friend list or address book) to ensure that the confirmation goes to your inbox.

2) Please support the class action lawsuit:

Advocates for Justice, a New York based, non-profit, public interest law firm, has filed a class action, civil rights lawsuit on behalf of East Ramapo School District parents, students, and taxpayers.

Advocates for Justice is not charging us a fee for this action, but they are in need funds to continue this fight. They are asking us to contribute what we can. Monthly amounts are especially helpful (and easier on tight family budgets!)
Be part of the solution, contribute online, or mail a check to:
Advocates for Justice
225 Broadway, Suite 1902
New York, NY 10007

 

11-11-12

Power of Ten Update

In this Issue:

  1. Urgent: Your contribution is needed!
  2. Insurance coverage denied for board members and employees alleged “wrongful acts”
  3. Appeal filed to block use of school funds to pay for lawyers

1) Please support the class action lawsuit:

In 2009, East Ramapo parents first got together to chant “Save Our Schools”.

Over the years, we have worked hard to protect the students’ right to an education and the investment that taxpayers have made in their homes and in a first quality education system for our community. However, powerful interests which seem to be indifferent or even hostile to our students and our taxpayers investments have caused the quality of education to suffer and resulted in loss of value to our multimillion dollar school system and our home values as well.

Today, we have formed the Save Our Schools Coalition, and we are fighting back with a class action civil rights lawsuit!

Advocates for Justice, a New York based, non-profit, public interest law firm, has filed this lawsuit on behalf of East Ramapo School District parents, students, and taxpayers.

Advocates for Justice is not charging us a fee for this action, but they are in need funds to continue this fight. They are asking us to contribute what we can. Monthly amounts are especially helpful (and easier on tight family budgets!)

Be part of the solution, contribute online, or mail a check to:

Advocates for Justice

225 Broadway, Suite 1902

New York, NY 10007

 2) Insurance coverage denied for board members and employees alleged “wrongful acts”:

The New York Schools Insurance Reciprocal (“NYSIR”), has declined coverage to the school board members and employees named as defendants in our class action civil rights lawsuit : “For all the reasons detailed herein, we write … to inform you that NYSIR hereby denies coverage to … ERCSD Board members … (and employees) … with respect to all of the claims asserted in the (class action lawsuit).” “the NYSIR policy precludes coverage to the insureds above regarding the “fraudulent, dishonest, malicious, criminal or intentional wrongful act(s) or omission(s)” alleged by the (class action lawsuit), NYSIR hereby disclaims coverage …” “In addition, the (class action lawsuit) alleges that ERCSD Board members … (and employees) … have violated and/or have failed to comply with state and federal special education laws. The NYSIR policy excludes coverage for any claims arising out of the failure to provide “an appropriate individualized education program or related facilities or services”, including but not limited to any cause of action under relevant state or federal statutes or other laws, administrative rules or regulations. Therefore, NYSIR hereby disclaims coverage.”

3) Appeal filed to block use of school funds to pay for lawyers:

School officials and employees may be represented at district expense when lawsuits arise from acting in their official capacity. However, the law does not allow the district to pay for counsel to officers or employees acting outside the scope of their public employment or duties. The actions of the board members and employees named in the class action lawsuit have been intentional, reckless, and borderline criminal. They have already been cited by NYSED, the New York State Comptroller and the Commissioner of Education as in violation of law. They have also used district funds to sue the NY State Attorney General, who is investigating their real estate dealings. As NYSIR noted, EACH and EVERY action is alleged to be “fraudulent, dishonest, malicious, criminal or intentional wrongful act(s) or omission(s)”. These are actions already found to be violation by the NY Education Department itself or by the NY State Comptroller. Nowhere does the law provide for the board members to approve expenses proactively suing the NY State Attorney General on their behalf. For the same reasons that hey have been denied insurance coverage, and more, the defendants should be denied the use of district funds. NY State courts have stated that coverage under public officers law is analogous to an insurance company’s contract. We have requested an Emergency Stay from the Commissioner to stop the board from further abusing public funds.

Tell your friends: “Justice is coming to East Ramapo!” … and WE can make it happen!

 

– Steve White, editor

 

10-29-12

Power of Ten Update

In this Issue:

  1. Advocates for Justice says school board members should not use district funds for their own legal defense!
  2. Federal Judge allows ‘discovery’ in class action lawsuit!
  3. Urgent: Your contribution is needed!
  4. Message from the editor

1) Advocates for Justice says school board members should not use district funds for their own legal defense:

Supporters of a class-action lawsuit against the East Ramapo school district want to block the Board of Education from using public money to defend school officials in several ongoing legal actions. Betty Carmand and Steven White, through their lawyers at Advocates for Justice, say that NY law does NOT allow for paying legal expenses when employees are acting outside the “scope of their public employment or duties,” and when they have NOT “appeared to have acted in good faith with respect to the exercise of his powers or the performance of his duties.” The actions of the school board members have been intentional, reckless, and borderline criminal; they have been cited by NYSED, the New York State Comptroller and the Commissioner of Education as in violation of law.

Why are we asking for the commissioner to act? Exorbitant legal fees are being incurred — at the expense of children’s public school education — to defend board members and employees for their wrongful acts. We are asking the Commissioner to stop the the board from gorging at what they have come to regard as their own personal “piggy bank.” The board shows no temperance or remorse in wielding a butcher knife to the ERCSD’s budget and carving out its purported entitlement to legal fees first, failing to consider let alone leave sufficient funds for that which its children desperately need most: educators and books. The wholly self-centered and conflicted board believes that legal coverage is automatic, and that they need do nothing more than vote to give it to themselves. Serious misconduct is at issue and is being investigated by no less than three separate state and federal agencies. Its president for nine of the last ten years is in State prison. The district is operating at a six million dollar deficit, and now has authorized the expenditure of millions of dollars in legal fees to defend what will undoubtedly be established as improper conduct on the part of its individual members. Were it simply a matter of money, one might not take such offense; however, the East Ramapo Central School District is comprised of thousands of children, most of them poor, who depend on East Ramapo for their education. They have suffered and will continue to suffer irreparable harm unless NY State intervenes.

2) Federal Judge allows ‘discovery’ in class action lawsuit:

On October 16th, Advocates for Justice appeared in Federal Court in White Plains in the first court date of the class action lawsuit. The lawyers for the school board argued to immediately dismiss the case, but were rebuffed by the judge. The next step in the case is called “discovery,” in which we will attempt to gather and organize all the facts and data. People with information that is pertinent to the case are encouraged to contact Advocates for Justice lawyer Laura Barbieri at (914) 819-3387 or lbarbieri@advocatesny.com

3) Your contribution is needed!

Advocates for Justice, a New York based non-profit public interest law firm, has filed a class action lawsuit on behalf of East Ramapo School District parents and students seeking monetary damages from some school board members, district officials, and contractors. The damage is clear. We have lost full day kindergarten, guidance counselors, social workers, our award winning band director, and hundreds of teachers. Our classrooms are overcrowded and our children are suffering!

This legal case is getting national media attention. All of America is watching what we do here in Rockland County to get justice. This is our opportunity to take a stand and send a strong message.

YOUR CONTRIBUTION is essential to the success of this action! Funds are needed NOW to continue the extensive preparation we need toward finally getting our day in court and securing JUSTICE for the children of East Ramapo!!!

The other side has for-profit law firms and they may be paid hundreds of thousands of dollars defending actions that hurt our children. We don’t need hundreds of thousands to win, but we need more money than our non-profit organization has now.

Please go to https://secure.qgiv.com/for/jk40ipsos/ to make your donation today. No contribution is too small.

If you can, automatically donate $10 per month or more. You can do it at the same web page: https://secure.qgiv.com/for/jk40ipsos/

4) Message from the editor:

The movement for justice in East Ramapo is gaining momentum and moving forward. The school board has been chastised by the NY State Comptroller; it has been rebuked by the Commissioner of Education; it has been found in multiple, repeated violation by NYSED. The NY State Attorney General is looking at their real estate transactions and the US Dept. of Education Civil Rights division is looking at their actions toward minorities, at the request of the NAACP.

Now hundreds of parents, alumni, and taxpayers have come together in an unprecedented class action lawsuit that will hold accountable those who have violated the public trust. Our case is being heard by the NY State Education Commissioner and by the Federal District Court. The whole community worked hard to build up a great school district, and we will not let it be destroyed by a few greedy men.

Tell your friends: “Justice is coming to East Ramapo!” And we have to go out and get it!

– Steve White, editor