Judge Donald A. Greenwood said the district announced the appointment to the public and “it was only during the course of this litigation that the board has recanted the statement.”
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.Syracuse, N Y -- State Supreme Court Judge Donald A Greenwood ruled today the assistant superintendent for instruction for the Jordan-Elbridge Central School District, is not the district’s interim superintendent.
David Zehner, the suspended Jordan-Elbridge high school principal, went to court after the district announced Gorton’s appointment in a public letter by outgoing Superintendent Marilyn Dominick and on its website.
He said the board made the appointment in executive session, which violates state law, and should be thrown out.
In court, the school board claimed it had only discussed the matter in executive session never appointed Gorton interim superintendent. The announcement was a mistake.
In a 10-page ruling issued early this afternoon, Greenwood disagreed, saying “ it was only during the course of this litigation that the board has recanted the statement,” Greenwood wrote.
Sue Gorton The judge ruled the district violated the state's Open Meetings Law.
The judge did not order the district to pay Zehner’s legal fees, which he said will eventually amount to more than $10,000.