At school
Candidates can campaign

GUILDERLAND — School-board candidates can hand out election flyers on school grounds here up until the May 20 election.

“We have voted to accept the messiness of the democratic process,” said board President Richard Weisz, a lawyer, after the board made the decision in a split vote, 6 to 2, at its meeting last Tuesday night.

The long-standing practice was halted last year by the superintendent at the time, who said, “We have to maintain the appearance of not permitting partisan activities on school grounds.”

The board’s policy committee then studied the matter and drafted a proposal that would have forbidden the practice since it would, according to state law, open the school grounds to campaigning on any issue.

“School property is not a public forum for the purposes of expression,” said Catherine Barber, a lawyer who chairs the policy committee; she is an incumbent, running for re-election. If the school board designates school property as a public forum, she said, “We lose the right to control what happens in that forum.” She added, “The primary purpose of school property is to educate children.”

The district’s current superintendent, John McGuire, warned the board members that, once they create a public forum, “If someone challenges it, it’s a roll of the dice.” He also said if a picketer were asked to leave, he would anticipate litigation and that it “wouldn’t go well.”

Board member Barbara Fraterrigo, who was stopped last year from distributing flyers, has been a strong proponent of allowing leafleting. So have board members Hy Dubowsky and Peter Golden, another incumbent up for re-election.

Board member Colleen O’Connell, who had earlier sounded critical of Golden and Fraterrigo’s stance, spoke strongly in favor of allowing leafleting and was joined by Gloria Towle-Hilt, who had said earlier that she was pulled in different directions.

“I have to side on the side of openness and not restrictiveness,” said Towle-Hilt last Tuesday. She also said that candidates hadn’t been disruptive in the past and that, if they were obnoxious, they’d lose votes.

O’Connell said she frequently goes to school concerts and athletic events and will answer questions about candidates and school issues. “Is that campaigning?” she asked. If she were to write something about a candidate on a scrap of paper, she asked, “Is that leafleting?”

She also said that it was only fair to people who are not incumbents to allow leafleting.

O’Connell, who is also a lawyer, proposed allowing it for this campaign and then re-examining the issue. The board ultimately amended the policy to do that. Candidates — there are five running for two seats — are allowed to hand out leaflets at the district’s seven schools between the hours of 3:30 and 11 p.m.

”I’m so relieved,” said Fraterrigo after Towle-Hilt and O’Connell spoke. “Our last discussion really left me disheartened.” She cited the Enterprise’s April 17 editorial, “Open schools foster democracy,” and said, “It’s a way to fight apathy.”

“It’s a slippery slope...You may find things happening on your school ground you really don’t want,” cautioned John Dornbush, who, along with Barber, voted against amending the policy proposal. Dornbush, too, serves on the policy committee and is running for re-election.

”I think we’re all for democracy...but school property is special,” said Dornbush. “It’s for our kids.”

Barber calmly reasserted her view. “Policy should not be written for short-term expediency...The constitution will sharply limit our ability to say no,” said Barber. “We will be the ones held accountable.”

“I’d take that risk for the sake of democracy,” said Dubowsky.

Other business

In other business at recent meetings, the board:

— Voted, 6 to 0, at an April 21 meeting, against approving the $6.8 million administrative budget for the Board of Cooperative Educational Services of Albany-Schoharie-Schenectady-Saratoga Counties for next year. The other 23 component school districts voted in favor of the BOCES  budget.

O’Connell said Guilderland’s protest vote was “a symbol” because the 10-percent increase indicated that BOCES wasn’t limiting costs “like we are.”

At that same April 21 meeting, the board met for half an hour in closed session to discuss a consultant contract;

— Heard from Weisz at the April 29 meeting about a consultant contract. He said that a request for proposals was going out for legal services “to see what’s available.”

The district has a three-year contract with the Albany firm of Girvin & Ferlazzo that expires June 30.

The firm has been implicated in a probe started by the Attorney General’s Office into what Andrew Cuomo has called “a payroll padding scheme.” Four of the firm’s attorneys, including Jeffrey Honeywell who works with Guilderland, had their membership in the state retirement system revoked by the state comptroller because, Thomas DiNapoli said, they were incorrectly reported as employees by the Hamilton-Fulton-Montgomery BOCES. Employees can collect pensions, while independent contractors do not receive that benefit. (For more information, go to archives for April 24, 2008 at www.AltamontEnterprise.com.)

  A copy Guilderland’s contract with Girvin & Ferlazzo, obtained from the district through a Freedom of Information Law request, says there is an annual retainer of $35,000 and services not covered under the retainer are billed at $140 per hour for general matters and $160 for litigation services.

“The district is satisfied with the work they are doing,” said Weisz;

— Appointed two new elementary school principals. Each will earn $95,000 and serve a three-year probationary period, from July 1, 2008 to July 1, 2011.

Allan Lockwood, will replace Dianne Walshhampton as principal at Guilderland Elementary.

Christopher Sanita will replace Martha Beck as principal at Pine Bush Elementary School.

Beck and Walshhampton are retiring;

— Honored 29 teachers, administrators, and teaching assistants receiving tenure;

— Discussed the exit poll that will be conducted May 20; this is the third year of the poll;

— Learned that May 23 will be a school holiday since only one snow day was used this year;

— Heard from McGuire that a search to replace Nancy Andress, who is retiring, as assistant superintendent for instruction is underway. A committee has narrowed a field of 25 candidates to five. First-round interviews will be conducted May 7 and a final round will be conducted May 12, he said;

— Reviewed a policy on backpack mail, first adopted in 2004;

— Agreed to hire Bell’s Auto Driving School for behind-the-wheel driver education this summer at a cost of $290 per student and appointed Roderick MacDonald as the in-class instructor;

— Approved an emergency preparedness sheltering agreement with the Mohonasen and Voorheesville school districts;

— Adopted policies on access to school district records and student records. The policies were revamped to be clear and consistent after the board agreed that lists of students’ home addresses should not be released by the district.

The issue arose because the teachers’ union had used such lists, obtained through Freedom of Information Law requests, the last two years to mail cards in support of the budget and selected school board candidates; and

— Met in executive session to discuss contract negations and ratifying a contract with the principals.