Pattye Benson

Community Matters

Doug Carlson

Election 2017: Referendum on President Trump as Democrats upped their game in Tredyffrin and TE School District races

November 8, 2017
21 Comments

The “Trump Effect” sweeping the nation found its way to our local municipal and school board elections. Every local election can be seen as a referendum on President Trump as voters came out in mass and cast their votes overwhelmingly in support of Democratic candidates, ousting sitting Republicans in the process.

In the Tredyffrin Township Board of Supervisors race, At-Large candidate Murph Wysocki (D) was re-elected to a second term and newcomers Matt Holt (At-Large) and Kevin O’Nell (Middle District) candidates beat their Republican opposition. Historic in Tredyffrin Township, the election marks the first time in its 300 year history, that three of the seven seats will be held by Democrats. If memory serves me correctly, Paul Drucker was the first Democrat elected to the Tredyffrin Township Board of Supervisors in 2005.

As a result of the 2017 election, there are big changes coming to the T/E School Board. Running for second terms on the school board from Region III, Easttown residents Virginia Lastner (R) and Doug Carlson (R) lost to their Democrat opponents Heather Ward and Tina Whitlow. Region I school board candidate Scott Dorsey (D) had no opposition and will serve a second term.

In the T/E School Board Region II race, current Valley Forge Middle School teacher Kyle Boyer (D) prevailed over his Republican opponent Doug Anestad. As a teacher in the T/E School District, Boyer has been the focus of much attention since declaring his candidacy last March and is now required to resign from his reaching position before the December 4 school board meeting. It has been stated that Boyer will immediately tender his resignation to the school district and the District will waive the 60-day notification requirement so that he can take office. As a result of the 2017 election, the T/E School Board make-up will be seven Democrats and two Republicans.

All Chester County row office elections were won by Democrat candidates, including Tredyffrin Township resident Yolanda Van de Krol as newly elected County Clerk.

Thank you to all the candidates for caring about our community and your willingness to serve! Congratulations to those who have been elected – wishing you much success!

 

Politics & Government Start at the Local Level: Vote For the Person, Not the Political Party

November 6, 2017
6 Comments

Politics and government start at the local level – Election Day 2017 is tomorrow, Tuesday, November 7.

The local 2017 campaign season has taken a toll. It has been difficult (and disheartening) to watch as friends and neighbors turned on each other; sometimes over important campaign issues and other times with unfounded personal attacks. (From my vantage point, both sides are equally at fault.) Sadly, the political unrest we see at the national level has played out in our own backyard. Regardless of who wins our local supervisor and school board races tomorrow, the difficult task to come together and move forward will remain.

Local elections do matter. Take schools: Neither the president nor Congress can have as much effect on local schools as the school board. In addition to overseeing a $140 million budget, the T/E School Board is tasked with balancing their responsibility to provide quality educational programs with the need to be effective stewards of public resources. The job requires dedication, experience and commitment to the students, parents and residents. (Click here for The Spoke interview podcast of the seven T/E School Board candidates. Thank you to Multimedia Editor Neil Goldenthal for providing the link).

Our local government has much to consider: the adequate funding of fire and safety, our library services, real estate development and redevelopment, preservation of open space and our historic structures, infrastructure improvement needs, etc. With three of the seven Tredyffrin Township Board of Supervisor seats on tomorrow’s ballot, this is an important election. Which candidate’s views best aligns themselves with you? If you are undecided, a quick Google search of the supervisor candidates may provide helpful information.

In addition to the sea of individual candidate signs, the political parties have placed signs suggesting voters “Stop the Madness, Vote Democratic” and “If You Love Chester County, Vote Republican”. As a registered Independent, I never believed that it was the letter of the alphabet next to your name that would determine your success as an elected official. Whom you support on election day is a personal choice but please consider my appeal to “Vote for the Person, Not the Political Party”, before you pull the straight-party handle tomorrow.

To my fellow disenfranchised Independents who were not allowed to vote in the May primary election, our day to be heard has come. The number of registered Republicans and Democrats are about even in Tredyffrin Township, which makes the Independent votes all the more important. Please join me — our votes do matter and can make a difference in the outcome!

Supervisors, school board, County offices and judges are all on the Election Day 2017 ballot. The message is to get out and vote tomorrow! In the words of Napoléon Bonaparte, “Ten people who speak make more noise than ten thousand who are silent.”

If you are a registered voter and don’t know your polling precinct number, use the PA Polling Place Search here.

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Tredyffrin Township Board of Supervisors Candidates

Township Supervisor at Large – Vote for 2

  • Robin Bond (R)
  • Matthew Holt (D)
  • Raffi Terzian (R)
  • Murph Wysocki (D) *

Township Supervisor District 2 (Middle) – Vote for 1

  • Beth Coppola (R)
  • Kevin O’Nell (D)

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TE School District School Board Candidates – Vote for 1 in each region

  • Region 1: Scott Dorsey (D)* unopposed
  • Region 2: Doug Anestad (R)
  • Region 2: Kyle Boyer (D)

TE School District School Board Candidates – Vote for 2

  • Region 3: Doug Carlson (R) *
  • Region 3: Virginia Lastner (R) *
  • Region 3: Heather Ward (D)
  • Region 3: Tina Whitlow (D)

* Incumbent

Cloaked in Secrecy Approach to Contract Negotiations Not Working … T/E Teachers Return to Classroom Without a Contract

September 7, 2017
117 Comments

In the T/E School District, the students have returned to school and the teachers have returned to work. However, the District teachers returned to the classroom without a settled contract. The Tredyffrin Easttown Education Association (TEEA) contract with the T/E School District expired on June 30, 2017. No automatic alt text available.

The teachers’ contract expired in June with absolutely no updates from the School Board – deafening silence on the status of the contract negotiations. In a conversation this summer with a recent teacher retiree of the District, I inquired about the contract negotiations. Asking if the teachers and the District were on the “same page” regarding negotiations, I was told that the sides were “not even in the same book”!

Other area districts started the 2017-18 school year without settled contracts – Lower Merion, Methacton, Coatesville, Springfield in Delaware County. And we learned this week that Lower Merion Education Association has mounted a PR campaign, including an online petition asking the public to sign “and show the School Board that you a support a fair contract for Lower Merion School District teachers and staff.” Drumming up community support for a salary increase in Lower Merion may prove challenging; given that LMSD has the highest paid teachers in Pennsylvania. (average salary is $99,253).

Below is a letter Dr. Robert DeSipio, TEEA President which was posted on its website yesterday. In reading the letter, it is obvious that the teacher contract negotiations between the District and the teachers are stalled. I suggest that both sides need to “open the door” – this “cloaked in secrecy” approach to the negotiations by the School Board is not working and is showing signs of cracking. The public deserves to see the sunlight shine on the negotiations – it would help the parents, taxpayers (and employees) better understand the process and the District’s priorities.

It’s time to turn on the lights, open the windows and the doors.

TEEA Open Negotiations Letter

A Fair Contract for TEEA, the Tredyffrin-Easttown Education Association

The teachers of the Tredyffrin-Easttown School District are currently working without a contract and it is a shame; a shame in many ways. The TEEA teachers are an enormously talented, dedicated group of educators who go beyond the expected and deliver the unexpected. Conestoga High School has been ranked the number one public high school in Pennsylvania for the last two years. Accolades of that magnitude and a number one ranking in the state are not only a reflection of the quality of education at the secondary level, but are also a testament to the dedication of the middle and elementary school teachers who prepare the students in their younger years. From top to bottom the TEEA teachers are top-notch and they deserve a fair contract!

A fair contract means the employer is not asking its employees to pay for his/her own increase in salary; certainly not contract after contract after contract. When the recession of 2008 wreaked havoc on the economy, the TEEA teachers stepped to the plate. We agreed to break the contract that was in place and under which we were working and accepted a half year salary freeze, giving back one million dollars to the district. One million dollars that had been earmarked for teacher salaries instead went into increasing the district’s fund balance. When that contract expired, we continued to give back as the economy struggled to recover from the recession. From 2012 to 2014 we accepted a 2 year TOTAL FREEZE on our salary AND we reduced the quality of our medical benefits AND we agreed to pay more for those benefits. That 2 year total freeze contract ultimately saved the district about $14 million dollars. As we continued to go above and beyond what is expected of us, that FOURTEEN MILLION DOLLARS was not added to our base or awarded to us as bonuses. Instead, it was used to increase the Fund balance of the School District. In addition to all of the above concessions, we agreed to a huge reduction in tuition reimbursement–a large sacrifice for a career that requires additional coursework to obtain permanent certification. We have continued to give back financially while continuing to provide one of the best, if not the best, kindergarten through twelfth grade educations anywhere in the country.

From 2015 to 2017, our contract that just expired on June 30, 2017, continued to reflect give backs. We increased the amount we pay for our benefits while no additional money was added to the teacher’s salary steps.

It is a shame that people who give so much of themselves, have provided so much value to this community, and have given back to the tune of 14 million dollars, are continuing to be asked to subsidize their own raises. Enough is enough! The TEEA teachers deserve a fair contract. We are asking for the support of every TE family to stand with us and to tell the members of this board that enough is enough.

Sincerely,
Dr. Robert DeSipio
TEEA President

 

 

 

 

 

Three T/E School District Contracts Due to Expire in 30 Days … What is the Status on the Teachers (TEEA) Contract, Non-Instructional Group (TENIG) Contract and Act 93 (Administrators) Agreement?

May 30, 2017
72 Comments

The TESD Finance Committee meeting agenda for Wednesday, May 31, 6:30 PM is available here.

The school board is on the countdown to the approval of the 2017-18 budget on Monday, June 12 but there’s a major open issue as indicated in the agenda for tomorrow’s meeting. Actually, there are three unknowns or ‘TBD’ as stated on the draft budget as shown below:

Displaying 1496170620929blob.jpg

For the first time that I am aware, the school board is faced with the contracts of the District teachers (TEEA), the non-instructional group (TENIG) and Act 93 (administrators) all expiring on the same date — on June 30, 2017. In years past, the contracts terms were staggered. To my knowledge, there has been no update from the school board regarding any one of these three contracts that expire in a month.

In years past, the threat of outsourcing of some of TENIG’s employees was considered by the school board (as a budget savings). In tight budget times, the District’s custodians, secretaries, maintenance workers and kitchen workers all became a target for outsourcing during budget negotiations. Don’t get me wrong — I’m no fan of outsourcing. (We don’t need to look any further than the school board’s decision to outsource the aides and paras and ask how that has worked out.)

In the current TENIG contract (July 1, 2014 – June 30, 2017), the custodians received a 2% salary reduction and additionally had to give back 1 week of their vacation. (The rationale was that the District had to hire subs when the custodians are on vacation). The other members of TENIG (security, kitchen, maintenance, and cafeteria) received a 4% salary reduction in the new contract but their vacation benefit remains intact. Since the current TENIG contract required salary reductions, it does not seem plausible that these T/E workers would not receive an increase in the new contract (at least the new contract should bring the TENIG employees back to their June 30, 2014 salary level). The public doesn’t know the answer.

The current TEEA contract (July 1, 2014 – June 30, 2017) was ratified in February 2014, months in advance of its June 30, 2014 expiration date. The contract protected the jobs of the District teachers and included a ‘no furloughs or demotions’ clause through June 2017. The teachers received salary increases based on their step movement in the matrix. The contract included a Distance E-Learning Pilot Program that ran the length of the contract, expiring on June 30, 2017. If you recall, TEEA previously filed a suit (and won) against the District over their implementation of distance learning so it was somewhat surprising to see its inclusion in the contract. Are we confident that the new TEEA contract will honor the ‘no furlough or demolition’ clause contained in the current contract? The public doesn’t know the answer.

The third TESD contract due to expire in a month is the Act 93 Agreement — the District’s administrator compensation plan. The current Act 93 Agreement (January 29, 2013 – June 30, 2017) included a one-time bonus for service in the previous two and one-years and a one-time bonus of 1% of the individual’s salary award each June.

At the time the Act 93 contract was signed, there was discussion that the lowest paid groups – the TENIG workers – were taking a salary decrease whereas the administrators’ salaries were increasing. So with the teachers, administrators and the non-instructional workers with contracts expiring in a month, it’s going to be interesting to see if fairness will prevail. Will the administrators continue to receive an annual bonus? The public doesn’t know the answer.

For me, the problem is that there’s been no update whatsoever in the contract negotiation process and the final budget is to be approved in a couple of weeks on Monday, June 12.

Although the draft budget includes a maximum tax increase of 3.4%, it indicates a $1.6 million deficit. The plan is to make up the deficit with a transfer from the District’s fund balance. Plus, we do not know the impact of the teachers, administrator and TENIG contracts on the budget. As indicated in the graphic above, the three contracts are ‘TBD’.

I re-read an old Community Matters post on this topic from April 2012, ‘Seeking Transparency in TESD Teacher Contract Negotiations’ which had a follow-up post on May 17, 2012, ‘TE Teachers Turn on Transparency Lights in Contract Negotiations’. In re-reading these posts and the many comments, what was striking was the need for regular updates to the public by the Board. The lack of information and/or misinformation during the contract negotiations aggravated an already difficult situation. In the CM post of May 17, 2012, I wrote,

” … making the teacher contract negotiation process transparent for the public would help the community understand how our children will be taught and how our tax dollars will be invested. The relationship between teachers and school administrators is an important element in what shapes this school district. There is no better way to understand this relationship than to observe the contract negotiation process. …”

Harping on the lack of transparency and public information by the school board does not seem to work – except maybe in an election year! (School board directors Doug Carlson, Virginia Lastner and Scott Dorsey are up for re-election although Scott has no opposing candidate.) No doubt the school board would lament that they cannot provide updates during the contract negotiating process as its explanation for keeping the public in the dark.

The final approval on the TESD 2017-18 budget looms in two weeks, Monday, June 12. When will the school board provide the public with the three contracts? When will the final budget (with the missing ‘TBD’ contract information) be made available to the public? Perhaps some of these answers will be available at the Finance Meeting on Wednesday night.

Primary Election Day Tuesday, May 16: Your Vote Matters!

May 15, 2017
19 Comments

Tuesday, May 16 is Primary Election Day in Pennsylvania. In the words of Napoléon Bonaparte, “Ten people who speak make more noise than ten thousand who are silent.”

You have to be a registered Democrat or a registered Republican to vote in the Primary Election tomorrow, May 16. Sadly, Pennsylvania is one of a handful of states that does not permit Independent candidates, like myself, to participate in the Primary Election. Independent voter registrations continue to rise and it is quite possible that these voters may be the deciding factor for local elections in November.

For the D’s and R’s — the message is to get out and vote tomorrow! In the words of Napoléon Bonaparte, “Ten people who speak make more noise than ten thousand who are silent.”

Below is a list of supervisor, school board and magisterial judge candidates. Some of the candidates have personal campaign website and Facebook pages. Take the time to know your candidates before you vote!
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Tredyffrin Township Board of Supervisors

There are three Tredyffrin Township supervisor positions available – two at-large and one in the middle district. Currently serving at-large supervisor Mark Freed (D) and middle district supervisor Evelyn Richter (R) have chosen not to seek reelection. At-large supervisor Murph Wysocki (D) is seeking a second term. Terms are four years.

Three attorneys, a physician, corporate CEO and real estate agent will vie for Tredyffrin Township’s three available supervisor seats.

For Tredyffrin Township Board of Supervisors, the Tredyffrin Township Republican Committee has endorsed the following candidates:

  • Supervisor at Large: Raffi Terzian, MD
  • Supervisor at Large: Robin Bond, Attorney
  • District 2 (Middle): Beth Coppola, Real Estate Agent

For Tredyffrin Township Board of Supervisors, the Tredyffrin Township Democratic Committee has endorsed the following candidates:

  • Supervisor at Large: Matthew Holt, Attorney
  • Supervisor at Large: Murph Wysocki, Attorney *
  • District 2 (Middle): Kevin O’Nell, CEO, Peoplelinx

* Incumbent
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TE School District School Board

For the 2017 election, there is a change to the election districts in the TE School District. The regional election districts in the TE School District were approved for realignment last year to address changes in population that had resulted in disparity among the voting regions. The new regional election districts take effect with the 2017 voting cycle. Terms on the school board are four years.

Voting Precincts: (Representatives will serve through December 31, 2017.)

Region 1- Tredyffrin E-1, E-2, E-3, E-4, E-5, M-1, M-5, M-6
Region 2- Tredyffrin M-2, M-3, M-4, M-7, W-1, W-2, W-3, W-4, W-5
Region 3- Easttown 1-7

Voting Precincts Beginning with the 2017 Election:

Region 1- Tredyffrin E-2, E-3, E-4, E-5, M-1, M-2, M-5, M-6, W-3, W-4,
Region 2- Tredyffrin M-3, M-4, M-7, W-1, W-2, W-5
Region 3- Tredyffrin E-1, Easttown 1-7

The Tredyffrin Township Republican Committee has endorsed the following candidate for the office of Tredyffrin-Easttown School Director:

  • Region 2: Doug Anestad, Senior Technology Consultant

The Tredyffrin Township Democratic Committee has edorsed the following candidates for the office of Tredyffrin-Easttown School Director:

  • Region 1: Scott Dorsey, Pastor, Director of Children’s Services *
  • Region 2: Kyle Boyer, Educator

* Incumbent
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Incumbent school board directors Doug Carlson (R) and Virginia Lastner (R) are seeking reelection for a second term in Region 3. Carlson currently serves as the President of the TE School Board. Candidates Tina Whitlow (D) and Heather Ward (D) are opposing Carlson and Lastner for the TE School Board in Region 3.
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Magisterial District Judge, District 15-4-01
Incumbent Analisa Sondergaard (D), an attorney is seeking her second 6-year term for Magisterial District Judge, District 15-4-01. Opposing Sondergaard is Liz Mercogliano(R), attorney, realtor and RN.

Election 2017: Candidates for Tredyffrin Township Board of Supervisors, TESD School Board & Magisterial District Judge, District 15-4-01

March 8, 2017
24 Comments

The 2017 Election campaign season is officially underway for Tredyffrin Township supervisor, TE School District directors and Magisterial District Judge candidates.

All candidates who wished to appear on the Democratic or Republican ballot in the Primary Election needed to have filed their “nomination petitions” along with a “statement of financial interests” with Chester County Voter Services. The nomination petition documents required the signature of registered voters, who are enrolled in the party of which the candidate sought nomination and reside in the electoral district of the office sought. The statement of financial interests requires the candidate to provide information regarding the filer’s source of income.

Below is the list of our local candidates for supervisor, school board and magisterial district judge – best of luck to all those taking the journey! Regardless of party affiliation and stance on specific issues, we thank you for your time, effort and willingness to serve!

The last day for withdrawal by candidates who filed nomination petitions is March 22. The Primary Election date is May 16.

Tredyffrin Township Board of Supervisors

There are three Tredyffrin Township supervisor positions available – two at-large and one in the middle district. Currently serving at-large supervisor Mark Freed (D) and middle district supervisor Evelyn Richter (R) have chosen not to seek reelection. At-large supervisor Murph Wysocki (D) is seeking a second term. Terms are four years.

Three attorneys, a physician, corporate CEO and real estate agent will vie for Tredyffrin Township’s three available supervisor seats.

For Tredyffrin Township Board of Supervisors, the Tredyffrin Township Republican Committee has endorsed the following candidates:

  • Supervisor at Large: Raffi Terzian, MD
  • Supervisor at Large: Robin Bond, Attorney
  • District 2 (Middle): Beth Coppola, Real Estate Agent

For Tredyffrin Township Board of Supervisors, the Tredyffrin Township Democratic Committee has announced the following candidates: (official endorsement meeting not yet held)

  • Supervisor at Large: Matthew Holt, Attorney
  • Supervisor at Large: Murph Wysocki, Attorney *
  • District 2 (Middle): Kevin O’Nell, CEO, Peoplelinx

* Incumbent

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TE School District School Board

For the 2017 election, there is a change to the election districts in the TE School District. The regional election districts in the TE School District were approved for realignment last year to address changes in population that had resulted in disparity among the voting regions. The new regional election districts take effect with the 2017 voting cycle. Terms on the school board are four years.

Voting Precincts: (Representatives will serve through December 31, 2017.)

Region 1- Tredyffrin E-1, E-2, E-3, E-4, E-5, M-1, M-5, M-6
Region 2- Tredyffrin M-2, M-3, M-4, M-7, W-1, W-2, W-3, W-4, W-5
Region 3- Easttown 1-7

Voting Precincts Beginning with the 2017 Election:

Region 1- Tredyffrin E-2, E-3, E-4, E-5, M-1, M-2, M-5, M-6, W-3, W-4,
Region 2- Tredyffrin M-3, M-4, M-7, W-1, W-2, W-5
Region 3- Tredyffrin E-1, Easttown 1-7

The Tredyffrin Township Republican Committee has endorsed the following candidate for the office of Tredyffrin-Easttown School Director:

  • Region 2: Doug Anestad, Senior Technology Consultant

The Tredyffrin Township Democratic Committee has announced the following candidates for the office of Tredyffrin-Easttown School Director: (official endorsement meeting not yet held)

  • Region 1: Scott Dorsey, Pastor, Director of Children’s Services *
  • Region 2: Kyle Boyer, Educator

* Incumbent

Incumbent school board director Scott Dorsey (D) is seeking a second term on the TE School Board. The Tredyffrin Township Republican Committee has chosen not to oppose Rev. Dorsey in the Region 1 school board race.

Incumbent school board directors Doug Carlson (R) and Virginia Lastner (R) are seeking reelection for a second term in Region 3. Carlson currently serves as the President of the TE School Board.

UPDATE: Candidates Tina Whitlow (D) and Heather Ward (D) have filed to run for TE School Board for Region 3.

The Region 2 school board race will be interesting. Republican Doug Anestad, a computer consultant, attends many of the school district meetings and is an active resident participant – most notably outspoken in his opposition of the VF Middle School fencing project (which the current school board elected to install). Anestad’s opponent in the school board race is candidate Kyle Boyer (D) who is a currently a TESD social studies teacher at VF Middle School. I do not recall when we have had a candidate for the TE School Board, who was a current TE School District teacher. This could prove to be a delicate balance for candidate Boyer – employed as a teacher in the school district where he seeks to serve on its school board.

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Magisterial District Judge, District 15-4-01

Incumbent Analisa Sondergaard (D), an attorney is seeking her second 6-year term for Magisterial District Judge, District 15-4-01. Opposing Sondergaard is Liz Mercogliano(R), attorney, realtor and RN.

Unlike the school board and supervisor candidates, where only 10 signatures are required on the nomination petitions, the magisterial district judge candidates are required to have 100 signatures. As is the case with school board candidates, those seeking district judge position, can cross-file and appear on both Republican and Democratic ballots. To appear on both Republican and Democratic ballots, a school board candidate would need to have a minimum of 10 Republicans and 10 Democrats signatures and a magisterial district judge candidate would need a minimum of 100 signatures from each political party.

The saga continues in TE School District — Court rules against TE School District regarding residency of alleged hazing victim

August 18, 2016
34 Comments

court decisionThe saga continues … Sexting offenses, alleged hazing and residency dispute all involving one TE School District family. Chester County court rules against the TE School District in a stunning decision by Court of Common Pleas Judge Jeffrey Sommer regarding residency.

(The complete article from today’s Main Line Media News follows my comments).

After reading the article, the first word that comes to mind is “accountability”. Under whose authority did this situation happen — the hiring of the private investigator (from Cloud Feehery & Richter) at tax payer expense ($12K +) over a specific residency issue? Does the District pay the private investigator over each claim of non-residency or was it just trying to get this specific student out of the District after sexting offenses? Who made this decision? Was it at the direction of the TE School Board and/or Superintendent? Is the hiring of investigators in residency situations routine in the District? Does the School Board approve the residency investigations or is decision up to the school administration?

In rendering his decision in this residency case, Judge Sommer stated, “We find that the hearing officer willfully and deliberately disregarded competent portions of (the father’s) testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching a result, thus making his credibility determination arbitrary and capricious,” The judge also determined that the alleged victim and his father were denied their right to counsel.

The ruling of Judge Sommer certainly points to incompetence of the private investigator and the TE School District. The judge calls the District’s investigator incompetent and the taxpayers are stuck with the bill. School Board, where are you? Were you aware of this specific investigation regarding the residency of the alleged hazing victim and the apparent mishandling of the process? Was this a way to get the student out of the District? And how does the District Solicitor Ken Roos factor into the residency investigation — was the decision to engage a private investigator in this specific case at his recommendation/advisement?

Who is in charge, where’s the oversight and accountability? I note that the District declined to comment for the article, what about the School Board? Will we receive an explanation?

Court rules in favor of the alleged hazing victim; judge rules student was legal resident of T/E SD

by Adam Farence

Court of Common Pleas Judge Jeffrey R. Sommer ruled in favor of the alleged hazing victim with regard to his residency issue with the Tredyffrin/Easttown School District, reversing the school board’s original decision to stop funding the alleged victim’s education at Buxmont Academy. Sommer also ruled the victim does not owe over $13,000 to the school district.

According to court documents, Sommer drew his conclusion from two issues. First, he determined the hearing officer from an earlier meeting incorrectly concluded the alleged hazing victim did not meet the federal definition of homeless.

The victim was reportedly kicked out of his previous Devon residence by his great-grandmother after his arrest for sexting-related offenses in October 2015. After he was kicked out, the alleged victim’s father drove him back and forth between his Devon bus stop and his mother’s residence in Chester, Delaware County.

It was during this time period that T/E officials hired a private investigator from Cloud Feehery & Richter to determine if the alleged victim did actually live within the school district boundaries. After several months of surveillance, the private investigator determined the victim did not live there.

The school district spent $12,281.92 on services rendered by Cloud, Feehery & Richter, according to a Right-to-Know request filed by the Daily Local News.

The alleged victim could not claim the Chester residence as his, according to court documents, essentially depriving him the chance to pursue a free education in Delaware County, and Sommer determined the alleged victim met the federal definition of homeless. He also criticized the hearing officer’s original finding.

“We find that the hearing officer willfully and deliberately disregarded competent portions of (the father’s) testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching a result, thus making his credibility determination arbitrary and capricious,” Sommer wrote.

Sommer also pointed out the hearing officer was employed by the school district. “It takes no great leap of faith to recognize that the hearing officer is being paid by TESD, their ‘adversary,”” he wrote.

Second, Sommer determined the alleged victim and his father were denied their right to counsel.

According to court documents, the victim’s father was notified of the Jan. 20 non-residency hearing with the hearing officer only a few days prior. Sommer also wrote that the school district did not notify the father’s attorney even though they had been told in writing to do so.

Originally, the family was represented by William McLaughlin Jr., before he passed away in late March. For the remainder of the case, the family was represented by a new lawyer, Robert DiOrio. “…TESD not only did not notify Attorney McLaughlin of this hearing but made the pre-hearing notice period so short as to effectively cut Attorney McLaughlin out of the process,” court records state.

At the Jan. 20 non-residency hearing, the victim’s father did say he chose to come without counsel and knew he had the right to proceed with counsel if he wanted, but according to court documents, the circumstances surrounding the hearing undermined due process.

“We are very pleased with Judge Sommer’s well-reasoned decision,” wrote DiOrio.

School district officials declined to comment.

“We do not discuss individual student matters and therefore do not intend to comment on this specific case,” wrote district Solicitor Ken Roos. “However, the district remains committed to enforcing its policy of only permitting district residents, including anyone properly qualifying as homeless, to attend district schools.”

The alleged hazing victim’s father received a bill late January for over $13,000, after the school district originally determined he and his son reportedly lived outside the district’s boundaries. The father reported the alleged sodomy to school district officials about a week later in early February, and Chester County District Attorney Tom Hogan announced assault related charges against three Conestoga High School football players on March 4. Over the course of a few days, news of the charges and the alleged sodomy spread across the nation.

Easttown Republican school board members leading the TE School District

December 16, 2015
16 Comments

We learned last week at the TE School Board meeting that Easttown resident Doug Carlson (R) was elected board president and Tredyffrin resident Scott Dorsey (D) the vice president. On Tuesday, the newly seated school board held their first Finance Committee meeting – Virginia Lastner (R) will continue her role as chair. Although I was unable to attend the Finance Committee meeting, Ray Clarke attended and kindly provides his notes/comments to Community Matters (see below).

Late today, the District posted the committee assignments on their website. After serving as Facilities Chair for many years, it was interesting who would fill the vacated seat of Pete Motel. In addition to chairing the Finance Committee, we learned that Virginia Lastner will chair Facilities in addition to Finance. The two most important school board committee meetings (at least when it comes to tax dollars) is Finance and Facilities committees … and both will be chaired by Easttown resident Virginia Lastner.

With Carlson as Board president and Lastner in charge of the District’s Finance and Facilities committees, it looks like the Easttown Republicans are taking charge of the TE School District! How’s this possible … for the first time in the District’s history, five of the nine school board members are Tredyffrin Democrats!

Beyond the ongoing construction of the District’s maintenance building, looms the final report from the safety consultant on the Valley Forge Middle School fencing project which is due by the end in the next few weeks. Looking at the makeup of the Facilities Committee, it’s unclear if consensus will be reached easily– newly elected school board members Michele Burger (D) and Ed Sweeney (R) publicly campaigned against the VFMS fencing project. Will their opposition to the proposed fencing be sufficient to sway the other two members of Facilities, Lastner and Todd Kantorczyk (D)? The Valley Forge Middle School fencing project will likely be back on the Facilities agenda in early 2016.

It was good to see that the Public Information Committee is listed albeit as ‘Ad Hoc’; meetings held “when needed”. In my opinion, there is always a need for public information. Glad to see that Scott Dorsey is the committee’s chair – hopefully with Rev. Dorsey at the helm, we can look forward to increased transparency and public engagement from the Board.

With all the madness going on in the world, it was disturbing to see there the Diversity Committee was not listed. Former school board member Liz Mercogliano previously chaired the Diversity Committee and would update the public at Board meetings on their important ongoing discussions. Now, more than ever, we all must work together to ensure that we appropriately value the diversity within and among our schools. Promoting and encouraging respect for ethnic and cultural diversity within the school population, staff and community deserves to continue. Suggest that Diversity find a place on the calendar with the other committee assignments.

Here’s the complete list of school board committee assignments:

Facilities Committee

  • Virginia Lastner, Chair
  • Michele Burger
  • Todd Kantorczyk
  • Ed Sweeney

Education Committee

  • Scott Dorsey, Chair
  • Kevin Buraks
  • Roberta Hotinski
  • Kate Murphy

Finance Committee

  • Virginia Lastner, Chair
  • Kevin Buraks
  • Roberta Hotinski
  • Todd Kantorczyk

Legislative Committee

  • Doug Carlson, Chair
  • Michele Burger
  • Kate Murphy
  • Ed Sweeney

Policy Committee

  • Kevin Buraks, chair
  • Todd Kantorczyk
  • Kate Murphy
  • Ed Sweeney

Public Information – Ad Hoc

  • Scott Dorsey, Chair
  • Michele Burger
  • Roberta Hotinski
  • Kate Murphy

I appreciate the following comments/notes from the Finance Committee meeting as provided by Ray Clarke. Ray’s budget point #3 caught my attention – “assumptions about employee out-sourcing”. What?

In a follow-up call, Ray confirmed that there was no details or explanation offered by the Finance chair or the administration regarding this out-sourcing comment. So, the public is left wondering which employees are they talking about — is it the few remaining aides and paras who remain as District employees? Or is the Finance committee and administration thinking ahead to other potential outsourcing opportunities – TENIG’s contract is up in 18 months, so could it be that the District’s kitchen staff, secretaries and custodians will once again find their jobs in jeopardy?

Last night was the first meeting of the new Finance Committee (although the full Board was in attendance). The group seems short on financial management experience, so there will need to be a steep learning curve. Exemplified by the fact that the Committee recommended that the Board vote in January to apply for all eligible Exceptions, totaling a 4.3% tax increase. This is based on just eight numbers from the Administration, two of which are given from the mandated PSERS rate. Two more are the same as the current year (State and Federal subsidies). The bottom line is a scare-inducing $4.65 million deficit.

The four remaining budget lines:

  1. Local Revenues: Is the Board OK with projected revenues just $800,000 more than this year’s budget when this year’s real estate taxes, transfer taxes and interim taxes are already running $1,000,000 better to budget than last year’s rate?
  2. Salaries: Do they understand why salaries are flat despite a contracted TEEA step increase worth maybe 2%, a 5.7 FTE teacher increase, 1.7% salary increases for Admin, etc.? We discovered last night that has something to do with assumptions about employee out-sourcing, but no detail was provided. Nor of course, any detail about the expected staffing increase.
  3. Benefits: Apparently the consultant advised the District to project a 5% healthcare premium cost increase, and the total budgeted benefits increase vs 2015/16 is 5.1%. But the TEEA, for example, is contracted to pay an extra percentage of the premium and there will be fewer employees apparently. How does the math work?
  4. “Other”: This is up nearly $3 million over the current year projection. Presumably the out-sourcing projections have something to do with this, but no explanation was provided.

A couple of other noteworthy points:

– The arithmetic for the Special Ed calculation leads to a $900,000 tax increase, yet this year’s expense increase is less than $400,000 and there was no data on the slides supporting an expense projection for 2016/17.

– The projection for this year is that expenses will be $1.3 million less than Budget.

The response to this will say a lot about our new Board. We were told over and over last night that the tax increase recommendation was just to “preserve our flexibility”, but we know too well how markers like that tend to get cemented in. Are they prepared to lay down that marker with such minimal information provided by the Administration?

TE School District reorganization meeting: Election of Board president and vice president; plus update on Facilities Meeting

December 6, 2015
20 Comments

The five newly elected TESD school board members (Michelle Burger, Ed Sweeney, Roberta Hotinski, Todd Kantorczyk and Kate Murphy) take office on Monday, December 10, at 7:30 PM. The District’s reorganization meeting includes the nomination and election of school board president and vice president.

Some have suggested that former school president Kris Graham’s re-election defeat last month was a message for change from the community – a call for transparency and improved public engagement. Will that message influence the reorganization results?

School board vice president under Kris Graham was Easttown resident Doug Carlson and he looks to want to step up to the board president position. Also seeking the president role on the board is Tredyffrin resident Scott Dorsey.

For the first time in TE School District history, the school board of nine members now has a Democratic majority (5 D’s, 4 R’s). Presumably this should give Dorsey (D) an edge over Carlson (R) but … it is unlikely that all D’s will support Dorsey. However, Dorsey does have the public endorsement of newly elected school board member, Republican Ed Sweeney.

Committed to honoring his campaign promise of improving public information and citizen involvement, Sweeney posted the following on his Facebook page today, “I endorse Scott Dorsey for TE School Board President. My district elected me to fulfill their expectations. Mr. Dorsey is very concerned about the issues that I think Tredyffrin and my district care most about and is well qualified to be President. I was impressed with his ability to outreach in his campaign for Board President. Mr. Dorsey will partner with fellow members, residents, and stakeholders to bring a new spirit of cooperative government to our area.” Here’s hoping that all newly elected school board members will likewise honor their campaign commitments!

For those in the community that are paying attention, the first meeting of the new school board and the nomination/election process for board president should be interesting.

On another note, the final meeting of the ‘old’ school board was held on Friday, December 7. Ray Clarke attended the Facilities Meeting and provided the following update for Community Matters:

The last Facilities Committee meeting of 2015 and of Dr Motel’s 16 year tenure was held on Friday. The meeting was generally routine: discussion of minor change orders, an update on the ongoing New Eagle and Maintenance Building projects with helpful status photos, and an outline of the timetable for bidding next year’s projects. A few items caught my attention:

– Dr. Motel stated that the original rationale for the fences was for “the specific purpose of making sure students do not leave”, “nothing to do with active shooters” and “you can put that on the blog”. So here it is. Others may have different recollections.

– Resident Cindy Marturano tried to engage the Committee in a discussion of protocols for communication to all residents of facilities projects that impact the community, linked with the possibility of extending West Walker Road to Chesterbrook Boulevard to ease the traffic congestion at VFMS. The response to both points came down to: “if it’s a road matter talk to the Township”. However, Tredyffrin Township records show that West Walker Road is “Private”, and the Chester County GIS has the property line between the school and church running right down the middle of the road. On the other hand, the Township included West Walker Road on its list of roads to pave in 2015. Are the maps incorrect? Is Tredyffrin subsidizing the School District? Or is there more opportunity here for the School District to improve the daily nightmare than the District knows about or would like to accept?

– The outgoing Committee spent some time discussing the goals for the 2016 Committee. Since that Committee will have a different composition with likely some newly elected Directors, this seemed rather presumptuous, but the Committee did not take kindly to the idea of including even a “Recommended” modifier, noting that the new Committee can always repeat the same exercise.

– This last point may be related to a gift to the Committee from Daley and Jalboot of a life size “Flat Pete”, with the request that it be used as a reminder of Dr. Motel for future Committees.

Dr. Motel noted that when his parents came to Easttown in the last century it was because TE was a highly rated school district. I think that the Board and staff are fortunate to serve a community that continues to be driven by this value.

Ray proFlat Petevided the following photo of the cardboard cutout of Flat Pete, as presented by the District’s architects, Daley & Jalboot. When asked about the bulls-eye on Dr. Motel’s chest, Ray explained that the necklace had a gold star one side and a bulls-eye on the other, presumably to represent Motel as a target.

I wasn’t at the meeting, but I found this gift rather bizarre. It was unclear if the Flat Pete cutout went home with Dr. Motel after the meeting or if it will continue to haunt the Facilities meetings going forward.

TESD: Here Comes the Sunshine Act and It’s Alright

February 21, 2015
14 Comments

After researching the issue and speaking with experts, a nonpartisan group of six residents (Ray Clarke, Neal Colligan, Jerry Henige, Barb Jackson, Peggy Layden and myself) believed the School Board deliberations at the TESD February 3, 2015 board meeting violated the Pennsylvania Sunshine Act. On February 13, 2105 via Certified Mail, a thoughtfully written letter was sent to the School Board members (President Kris Graham, VP Doug Carlson, Virginia Lastner, Scott Dorsey, Karen Cruickshank, Kevin Buraks, Liz Mercogliano, Jim Bruce and Pete Motel) stating our specific concerns regarding their process. (Click here to read February 13 letter to School Board).

As residents, we believed that with quick action at the next TE School Board meeting on February 23, the Board could remedy the process and maintain the trust of the community in the integrity of the District’s governance.

I received the following response from the School Board (via the District Solicitor Ken Roos), in an email Friday afternoon:

Dear Ms. Benson,

As District Solicitor, I respond on behalf of the School Board to the allegations of non-compliance with the Sunshine Act by the School Board contained in the letter you forwarded below. Please forward this response to the other signers of the letter.

At all times, the Board carefully considered its obligations under the Sunshine Act prior to each executive session and Board information meeting conducted with respect to the issue of benefits for District employees in light of the Affordable Care Act (ACA). At no time was the Sunshine Act violated. Moreover, the February 3, 2015 Board vote on this fully disclosed agenda item occurred after a lengthy public presentation, public Board discussion and public comment in full compliance with the Sunshine Act.

Kenneth A. Roos
Solicitor, Tredyffrin/Easttown School District

Although the reply is not surprising, I disagree and find it inadequate and dismissive as a response to the well-researched points that were raised in our letter of February 13 to members of the TE School Board.

My observations —

  • It’s unfortunate that these five separate Affordable Care Act discussions were held in private, out of the light of the public eye and the benefit of public deliberation.
  • It’s unfortunate that deliberation regarding an employment policy change for 73 full-time District employees occurred in private and that a resolution simply appeared at the end of the meeting with no advertisement or notification.
  • It’s unfortunate that the misleading ‘ACA Update’ listing on the meeting agenda is referenced [in the above response] as a “fully disclosed agenda item”.
  • It’s unfortunate that 73 dedicated full-time District employees are notified of the School Board’s policy change and outsource decision via a 10:30 PM email following the meeting.
  • It’s unfortunate that the public’s participation is not valued in important policy decisions.

There is no doubt that members of the school board have received many emails and phone calls from residents since the February 3 School Board meeting and my guess is that virtually none of these contacts was in support of their actions.

I cannot imagine that the actions of the TE School Board were not a violation of the Sunshine Law, but I can guarantee that it is a violation of the public trust.

After forwarding the solicitor’s email to the other letter signers, they were asked if they wanted to include their reactions to the District’s response in this post. Here are those responses:

From Ray Clarke:
I am disappointed to receive this denial of a crystal-clear case of a Sunshine Law violation by the individuals on the School Board. However, I suppose it would be a rare lawyer that would advise acknowledging guilt before the proceedings have begun. I am more disappointed that there is no sign that the Board plans to do the right thing and address the community’s widespread concern, in Monday’s meeting or at any other time. Residents have been deliberately shut out of a matter of widespread concern and need to make their feelings clear to the Board.

From Barb Jackson:
Ken Roos is the solicitor in the Lower Merion School District as well as the TE School District. I understand that the Radnor School District has recently hired him. It is well documented that Lower Merion residents are frustrated and angry about transparency issues in their district. I am disappointed that when confronted with legitimate questions about transparency and open communication from community members, the board turns to the solicitor Ken Roos to write this letter, instead of making every attempt possible to be open and transparent and invite community participation and input.

From Neal Colligan:
Really surprised they sent such a short and dismissing response. Our challenge to the Sunshine Act centers on the 5 Exec Meetings concerning this topic…not covered by the list of items allowed in Exec Session. This response does not defend the reason for these meetings only that “the Board considered … at no time did they violate…”. Our challenge to the process in deciding this issue was well thought-out, supported by experts we consulted and well written. The response was a simple quickly written e-mail. The two communications say volumes in their structure.

This is a legal response saying the Board met the minimum technical standards of the Act. Until proven otherwise, it’s a plausible defense. That said, it’s hard for me to think that all members of this elected body agree with the handling of this issue. I’m hopeful at least one member objects to the process in light of the public challenge … whether it can be proved right or wrong. I’m surprised but not shocked … possibly someone elected to represent the community will address the process employed here by stepping out from behind the Solicitor. We’ll see.

I’ve made an Open Records Request asking for the details of these Exec. Sessions not previously disclosed in public communications. We’ll see what that brings. Maybe the process was a full vetting of all alternatives in a thoughtful and complete presentation over several meetings … maybe not. Maybe the decision had been made a long time ago regarding these employees and the ACA and the Exec. Sessions were based on creating a tightly scripted response and explanation to be given at the end of a long public meeting with questionable (although technically compliant) notice to the community. Likely, we may never know … I’ll share what I receive when/if I get a response to my request.

IMPORTANT: The next School Board Meeting is this Monday, February 23 at 7:30 PM, Conestoga High Schools. This is an important issue — please plan to attend the meeting and have your voice heard.

You can email your concerns/questions regarding this issue directly to the TE School Board at schoolboard@tesd.net

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