Baron ends his court battle with Voorheesville school district

Enterprise file photo — Michael Koff

Robert Baron, the longtime head coach of the Voorheesville varsity girls’ basketball team.

VOORHEESVILLE — Almost four years to the day after tendering his resignation, former Voorheesville varsity girls’ basketball coach Robert Baron dropped his appeal seeking to overturn a lower court’s decision in his lawsuit against the Voorheesville Central School District. 

A Nov. 19 letter filed with the state’s Third Judicial Department of the Appellate Division — the middle of three levels — says Baron “is hereby withdrawing and discontinuing the appeal.”

Voorheesville Superintendent Frank Macri in an emailed statement told The Enterprise, “We were pleased to learn that Mr. Baron decided to withdraw his appeal of the Albany County Supreme Court’s decision, which dismissed his complaint against the District in its entirety. This development brings this litigation to a full and final conclusion.”

Baron’s lawyer, Harold Gordon, told The Enterprise, “Bob Baron has elected to bring closure to a suit against the school district and the teachers’ union … [Baron’s] ouster was instigated by a few certain school insiders, most of whom are no longer with the district ….”

Baron was gratified that Trish Piccini was hired in November as the girls’ varsity coach, Gordon said. Baron had actively supported her as his replacement when he stepped down, “and is very pleased that she has finally been hired,” Gordon said.

“Knowing that the program is now in very capable hands to restore it to its former high level of success is perhaps the most important reason behind [Baron’s] decision now,” he said.

Gordon would not elaborate beyond the authorized statement.

The controversy began at an early-morning special board of education meeting, on Nov. 21, 2017, where a quorum of board members all voted to accept Baron’s resignation as girls’ varsity basketball coach. The resignation had been effective Friday, Nov. 17, 2017, the day after an article appeared in The Enterprise that said the district had been investigating a situation involving Baron. 

Baron filed his suit four months later, in March 2018, alleging the district fraudulently induced him to resign as the longtime head coach. The suit sought Baron’s reinstatement as coach as well as payment for lost wages and damage to his reputation.

The case was tossed in March of this year.

Baron’s informational statement filed with the appeals courts in April said he was looking to appeal “every portion of the Decision and Order” handed down by Judge Kimberly O’Connor. The statement went on to list 14 issues Baron planned to raise on appeal. Over half the issues dealt with whether or not Baron had been a member of the Voorheesville Teachers’ Association.

Baron sought a declaration from O’Connor that he was covered by the collective-bargaining agreement between the school district and the Voorheesville Teachers’ Association, which along with New York State United Teachers were also named in the March 2018 suit, entitling him to representation from the union and making him subject to the grievance procedures in the collective-bargaining agreement.

But the union, O’Connor wrote in her decision, was able to prove Baron had never been a member of the Voorheesville Teachers’ Association, had never paid union dues or agency fees, and had never sought assistance from the union prior to resigning as coach. Additionally, Voorheesville was able to produce a list, created during negotiations between the union and school district, that described Baron “among other coaches, as a ‘non-VTA’ member,” O’Connor wrote.

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