The appointment was announced in an open letter to the district dated July 30, and the letter was posted on the district’s website. Both points were noted by state Supreme Court Judge Donald A. Greenwood.
Frank Miller (left), lawyer for the Jordan-Elbridge School District and Stephen Ciotoli, a lawyer representing suspended J-E High School principal David Zehner, listen to a judge in a court proceeding Wednesday morning. Zehner is in the background.Syracuse, NY – It was all a big mistake. Sue Gorton has not been appointed Jordan-Elbridge school district interim superintendent starting Nov. 1
That’s what Frank Miller, the lawyer representing the district, argued Wednesday in state Supreme Court. Miller was in court to defend the district in a challenge of Gorton’s appointment by David Zehner, the district’s suspended high school principal.
“They got their public relations out ahead of the formal board action,” Miller said after the proceeding. That’s what we said in our affidavit. We didn’t pull any punches about it. . . . There’s been no formal appointment.”
Zehner wants the appointment nullified, claiming it was never approved in open session at a school board meeting. He said the appointment was made illegally in an executive session and denied the public the right to comment.
His attorney, Stephen Ciotoli, said the facts were clear: Gorton’s announcement was made public in an open letter to the district dated July 30, and the letter was posted on the district's website. Both points were noted by Judge Donald A. Greenwood.
Additionally, according to an affidavit filed by Zehner, the appointment was announced to school employees on the opening of the current academic year.
Miller told the judge he had not seen Zehner’s affidavit and asked for a week to review it and formulate a response. The judge gave him until 4 p.m. Thursday.
Greenwood promised a decision on Friday.
Reach John Stith at jstith@syracuse.com or at 251-5718.