Summary of Special May 21, 2018 Board Meeting

There were a lot of new faces at the May 21, 2018 Board Meeting!  We understand that the special meeting fell on the date of the 3rd Grade Recorder Concert and various PTA meetings and sport commitments.  Thank you to all the residents who made sure to attend this special meeting!!!! We hope that you see how attending Board Meetings in the future needs to be a priority.  However, if you cannot attend please visit our website for information on up to date events.

For those who are not aware, following the May 15, 2018 BOE election, John Pinto, the Vice-President of the Board and the only other independent trustee, resigned in protest because the board is no longer independent. The Board held a special meeting on Monday May 21, 2018 at 8:00 pm at Fayette in the GPR room to address his departure and decide how to fill his empty seat. Below is a summary of what transpired:

  •  Despite representing that it was a special board of education meeting and the public would be permitted to speak and make comments, the residents were advised at the start of the meeting that no public comments would be accepted.  We know that many of the residents that attended the meeting were disappointed because they planned on reading and commenting their concerns relating to the current state of affairs.   Please come to the June 12, 2018 meeting to address the Board with any concerns you had, but could not communicate, at the May 21, 2018 meeting.
  • After approximately a half hour debate, the current board remained deadlocked as to the solution to fill Pinto’s seat.
  • At the start of the meeting, Wendy Gargiulo advised the residents of the four options available to the BOE to fill John Pint's seat: 1. BOCES superintendent appoints an individual should the Board not be able to fill the seat within 90 days. 2. Board holds a special election, 3. Board votes to leave seat vacant and 4. Board votes to appoint trustee to fill Pinto's seat.
  • Trustee Jenn Hyland expressed concerns about choosing the Special Election as it would cost taxpayers money. The Board unanimously voted not to proceed with this option.
  • Trustee Ed Corona believed that no one wanted the BOCES Superintendent to select the person and that leaving the seat vacant would serve no purpose.   The Board unanimously voted not to proceed with these two options.  The consensus moving forward was that the Board selects the individual to replace Pinto' s seat.   The debate surrounded the procedure for that appointment.
  • President Wendy Gargiulo proposed that the Board fill Pinto’s seat with Steve Enella. Wendy reasoned that since we had at-large voting this year and Steve received the third most votes (losing to Gordon by 12 votes) moving Steve Enella to John Pinto’ seat would support the voice of the North Merrick residents.  Moving Steve Enella into John Pinto’s seat would also move forward in healing the acrimony felt in our neighborhood by those residents objecting to the North Merrick Faculty Association endorsing Board of Education trustees.  More importantly, since Steve Enella also sits on the High School Board, having Steve Enella move into John Pinto’s seat would not disrupt the continuity of the High School Board for the 2018-2018 year.  Since John Pinto’s seat was up in 2019, having Steve Enella remain for one year would also serve to support Board stability.  
  • Since the residents were not permitted to speak or voice their positions, the majority of the residents in the audience communicated their support for Wendy Gargiulo’s recommendation by applauding.  Todd Ransom and Steve Enella agreed with Wendy Gargiulo that moving Steve Enella into Pinto's seat would be in the best interest of the residents  and children of this town.
  • Corona questioned whether Steve Enella was even permitted to vote for Wendy's proposal.  The Board attorney said there was nothing inappropriate about Steve participating since he was still a Board member through June 30, 2018 and there is nothing wrong with trustees voting for themselves.
  • Hyland objected to Wendy's proposal referencing “past precedent.”  2 years ago, a Board member by the name of Neil Brown resigned because of accusations that he breached confidentiality.  To fill his seat, the Board decided to permit the public to submit letters of intent and then voted on Brown's replacement.  Todd Ransom was ultimately selected by the Board. Hyland inquired as to why the Board did not choose this option now because that was what was chosen in the past and in her opinion, constitutes precedent. Both Corona and Miller agreed with Hyland's position.  Ransom pointed out that there can be no claim to past precedent because this year was the first year that the election was "at large."  Whatever the Board did in the past was done in address that particular issue and should not be viewed as a policy to follow in the current situation. The Board then discussed creating a policy to follow in the event of a seat that was vacated mid term.   The Board then asked the attorney whether what was done in the past constituted "precedent" that should be followed.   The attorney for the Board corrected both  Hyland, Corona and Miller by stating that what was done in the past was done based on decision made at that time.  However, because this year we had at-large voting and the year when Brown stepped down it was head to head, this year is a case of first impression for which there is no "precedent" and the Board was free to vote on the best coarse of action.   
  • Hyland, Corona and Miller disagreed with Gargiulo, Ranson and Enella insisting that by choosing Enella the Board could be overlooking better suited candidates for that position. Ransom countered that if there were better suited candidates they would have run for that position this past election. Miller countered that individuals were probably scared to run because of "what happened in the past election." Gargiulo countered that she found it offensive that Hyland would think that there were better and more qualified candidates than Steve Enella; who has been on the Board for 6 years, with whom Hyland served for three years and who received the third highest votes during the past election.  The latter comment garnered even more applause from the residents.    
  • The Board then voted on whether to move Steve Enella into Pinto's seat.  Gargiulo, Ransom and Enella voted in favor of the proposal. Hyland, Miller and Corona voted in favor of opening up the position to the public and having interested candidates apply for position. 
  • Because the vote was 3-3, the Board continued to debate in the hopes of coming to a decision.  At this point, Corona made a motion that the Board go into executive session to continue debating this issue and discuss "other qualified candidates" for Pinto' s position. That motion was denied as Executive Session cannot be used for this purpose.  More on Executive Session to follow.
  • There was further discussion with Gargiulo asking the Board to try and work through this deadlock and come together for the good of the community.  Hyland then remarked that she wished Gargiulo would see Hyland, Corona's and Miller's position.  What was the harm in opening up the search to public? Steve could submit his application and if he was the most qualified, he would be chosen?  Ransom commented that he did not think that the Board had enough time between now and June 30, 2018 to open the search to the public.  With so much to address come July 1, 2018, it would make sense to have this issue resolved sooner rather than later.  Ransom also remarked, that two years ago, the Board worked quickly to fill Brown's seat and Ransom was appointed before the July 1 term. It made no sense to have Steve submit a letter of intent for a position he held for 6 years.
  • The meeting adjourned with the Board being deadlocked as to how to fill Pinto's seat. This issue will be discussed and decided at the June 12, 2018 meeting.

To view the District's summary of the meeting please click on link below.

https://www.nmerrickschools.org/site/handlers/filedownload.ashx?moduleinstanceid=4446&dataid=12974&FileName=May 21 2018 Special Meeting.pdf
 

WHY WAS THE BOARD DEADLOCKED?

With the residents so clearly communicating their support for the proposal to have Enella move into Pinto's seat, it was quite disconcerning that the trustees endorsed by the NMFA or Hyland, Corona, and Miller, ignored the voice of their constituents and instead, chose to delay filling Pinto's seat in the hopes of selecting a candidate "even more qualified than Enella."  Hyland, Corona and Miller all talk about curing the divide in the community.  Yet when they are given the opportunity to actually do something about it, they choose an option that benefits only their agenda instead of the good of the community.  It was clear to everyone in that room that Hyland, Corona and Miller did not want  Enella to remain on the Board, the question is why?  Keeping him on the Board does not affect the balance of power; the candidates endorsed by the NMFA will continue to control the Board whether Enella moves into Pinto's seat or not. Does it have to do with the fact that Steve Enella has a seat on the high school board and if he remains on the Board he keeps that seat?  Are Hyland, Corona and Miller ignoring the voice of the community so that they can advance their agenda in electing one of the three to the high school board?  Don't be surprised that come June 12, 2018 the Board continues to remain deadlocked and the issue of filling Pintos seat will have to be decided by the new Board.  Will the new Board  listen to the residents or vote Corona/Miller/Hyland or the trustee selected by the Board as the individual to replace Pinto to sit on the High School Board?