In July, Jordan-Elbridge school officials announced in an open letter and on its website that Sue Gorton would become superintendent on Nov. 1. In September, the district again announced the appointment to district employees on opening day. On Wednesday, the district’s lawyer argued in court that was all a mistake. He said Gorton was never appointed to the interim...
Frank Miller (left), lawyer for the Jordan-Elbridge School District, stands in state Supreme Court Wednesday with Stephen Ciotoli (right), representing suspended J-E High School principal David Zehner, who is in the background. Zehner is suing the district, saying it improperly hired Sue Gorton to be superintendent. In July, Jordan-Elbridge school officials announced in an open letter and on its website that Sue Gorton would become superintendent on Nov. 1.
In September, the district again announced the appointment to district employees on opening day.
On Wednesday, the district’s lawyer argued in court that was all a mistake. He said Gorton was never appointed to the interim post.
That was the district’s defense to a lawsuit brought by the district’s suspended high school principal, David Zehner, who charged the appointment was improper because the board never voted on it in public. He took the issue to state Supreme Court.
“They got their public relations out ahead of the formal board action,” the district’s lawyer, Frank 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 said he believes the board did appoint Gorton and only now claims the announcement was wrong, said Stephen Ciotoli, the lawyer representing Zehner. The lawyer said the district had two months to correct the mistake but never did.
Zehner wants the appointment nullified. At one point, Judge Donald A. Greenwood asked the district’s lawyer if he would have a problem with a decision that nullified an appointment that the district claims never happened.
“We shouldn’t nullify an action until the action is taken,” Miller responded.
He said the board will take up the matter of the interim appointment of Gorton at its next regular meeting on Wednesday.
Miller told the judge he had not seen an affidavit in which Zehner says the announcement was made opening day and asked the judge for a week to review it and prepare a reply. The judge gave him until 4 p.m. today.
Greenwood promised a decision on Friday.
The shake-up: At least six of the nine top administrators in the district are on the move. Three have been suspended or moved into less-important jobs. The superintendent is leaving before her contract ends — forced out by the school board, say two officials. The athletic director will retire midyear
Contact John Stith at jstith@syracuse.com or at 251-5718.