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Judge refuses to stop Jordan-Elbridge from appointing interim school superintendent

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Judge Donald Greenwood ruled only on request for an injunction to force the district to keep Marilyn Dominick on as superintendent. Her last day is today. He will hear the full case on Nov. 23.

2010-10-06-mjg-JEBoard3_2.JPGView full sizeMarilyn Dominick, superintendent in the Jordan-Elbridge school district for nearly 11 years, retires today.

Elbridge, NY -- A state supreme court judge Friday refused to block the Jordan-Elbridge school board from appointing an interim superintendent to manage the district after Marilyn Dominick leaves her job today after 11 years as the chief administrator of the district.

A group of district residents asked the court this week to throw out a severance agreement between the board and Dominick and restore her old employment contract, which ran through June 2012. As part of that legal action, the residents asked the court to issue an injunction to prevent the board from hiring an interim superintendent until it finds a permanent replacement for Dominick.

At a hearing Friday morning, State Supreme Court Judge Donald A. Greenwood said he would not issue an injunction but said he wants to hear full arguments in the case. At 10 a.m. Nov. 23.

The papers filed Wednesday in state Supreme Court include a letter from Dominick dated Oct. 19 in which she has offered to remain as the superintendent.

The residents, in a legal action called an Article 78 proceeding, say there is no valid reason for the district to terminate Dominick’s contract 20 months early, and that an $82,444 payment to Dominick as part of the severance is an unconstitutional gift of public money.

Among other things, the residents claim that Dominick’s April 7 letter of resignation is invalid because by law it should have been effective within 30 days. In fact, the resignation is effective Nov. 1, 207 days later.

The court papers say Dominick agreed to retire early only after being badgered, cajoled, threatened and coerced for months by school board President Mary Alley and the district’s lawyer, Danny Mevec.

The resignation was part of a takeover plan by a clique of board members, the legal papers claim.

Reach John Stith at jstith@syracuse.com or at 251-5718.


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