Anonymous group of residents want state Supreme Court to block decision to terminate Superintendent Marilyn Dominick's contract and appoint an interim superintendent.
Another week, another lawsuit in the Jordan-Elbridge school district.
Wednesday night, the school board learned that an anonymous group of “resident taxpayers” will go to state Supreme Court this week to block the district’s decision to terminate Superintendent Marilyn Dominick’s contract and appoint an interim superintendent to run the district after she leaves at the end of the month.
The new legal action, called an Article 78 proceeding, is the latest twist in the controversy rocking the school district. Two administrators are on paid suspension, the district treasurer has been fired and another administrator has been transferred involuntarily.
Dominick is leaving with 20 months left on her five-year contract. Her severance agreement with the district cites “irreconcilable differences” and calls for the district to pay Dominick $82,444 plus compensation for unused sick and vacation days.
Dominic S. D’Imperio, who represents the residents, said irreconcilable differences aren’t grounds to terminate the superintendent’s contract.
He said that without sufficient reason to terminate Dominick’s contract, any severance agreement is an “unconstitutional gift of public funds” prohibited under state law.
In a letter to the board that D’Imperio read at Wednesday night’s board meeting, he said, “We have reason to believe that the severance agreement was the handiwork of Mr. Mevec and two (or, perhaps, three) members of the board who badgered and harassed Ms. Dominick for months until her resignation was obtained.”
The Mr. Mevec referred to in the letter is Danny Mevec, the school district’s former legal counsel.
The board was ready Wednesday to appoint Cayuga-Onondaga BOCES Superintendent William Speck as interim district superintendent. His services are free to the district, which is part of the BOCES district.
Speck will serve as interim temporarily. The board is interviewing candidates for interim superintendent to serve until June, when a new superintendent is expected to be announced.
D’Imperio had asked the board to defer action to appoint Speck, noting that the Article 78 proceeding will ask the court to block the appointment.
D’Imperio said the Article 78 action would be filed no later than Friday.
D’Imperio works for the firm of O’Hara, O’Connell and Ciotoli, which represents suspended Assistant Superintendent of Business and Finance William Hamilton, suspended high school Principal David Zehner and fired district treasurer Anthony Scro.
The courts have ruled against the district twice in recent court actions: once for violating the state Open Meeting Law and once for failing to make Dominick’s severance agreement public.
--Contact John Stith at jstith@syracuse.com or 251-5718.