Schools
School Board Struggles with Ethics Questions Raised Over Barrett Fundraiser
Board President says situation is a "black eye" to the community; calls for action at Dec. 3 meeting.
Kings Park Board of Education is searching for a way to resolve the question of whether a community fundraiser held earlier this year for trustee Liz Barrett violated the board’s code of ethics.
Jim McGuire, of Kings Park, asked Kings Park Board of Education on Tuesday night for an update on his request that the fundraiser be reviewed in relation to section 6010 of the Code of Ethics for Board Members, a portion is related to receiving gifts.
"I'm trying, we're trying to reach resolve with this issue," said Marie Goldstein, president of Kings Park Board of Education. "No one wants this to go away more than this board, but we don't have the luxury of ignoring board policy of general municipal law."
Under section 60110 of Kings Park Board policy on gifts:
Pursuant to General Municipal Law Section 805-a, he/she shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of seventy-five dollars ($75) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended or expected to influence him/her in the performance of official duties or was intended as a reward for any official action on his/her part.
A spring fundraiser was held to raise money for legal fees incurred by Barrett after the board brought about a petition with the New York State Commissioner of Education in June 2012 that could have removed her from the board amidst allegations that she shared confidential school information with an undisclosed third party.
The petition was denied based on procedural errors including the failure to serve Barrett within the required 30 days from learning of the alleged breech.
The state did not issue a certificate of good faith, which was requested by Barrett's attorneys, which would require that her legal fees be reimbursed. According to the finding, Barrett is responsible for her own fees.
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Goldstein said the district's attorney would not offer an opinion due to a conflict of interest, "because he works for the whole board he could not advise us on this. He did suggest we get a third party opinion."
Superintendent Dr. Susan Agruso echoed the district's attorney's opinion to the board.
"I would suggest that you have a legal opinion given by an independent attorney who is an expert in ethics law and get the matter settled," Agruso said. "It would be someone else that would write, not doing an investigation, but simply writing a legal opinion on this based on the facts on whether or not it is a violation of policy and state law."
She estimated obtaining an outside legal opinion could cost the district roughly $5,000.
Barrett reaffirmed her belief she is clear of any wrongdoing in the matter, reading a copy of a Suffolk County Police report stating the fundraiser's Facebook page had been hacked and at some point altered. She made clear she did not want to see the district spend money pursuing a legal case.
"I am not taking money away form the kids, really I'm not with the financial situation we are in," Barrett said. "This is ridiculous."
Trustee Charles Leo also expressed his disapproval of spending taxpayers money" in pursuing a resolution, but admitted action needs to be taken.
Yet, trustee Diane Nally spoke up in defense of the community's fundraiser for Barrett.
"I personally don't think that fundraiser was meant for anything but to help a community member. Kings Park has always been a community that helps people. They are a community and they felt what happened with Ms. Barrett was unfair and they wanted to help her," Nally said.
However, Goldstein said she will no longer choose to be involved with the Board of Education if they do not follow through investigating the complaint regarding a board policy she and two other current trustees previously voted to approve.
"We hold our staff accountable, we hold our students account and we have to hold ourselves accountable," she said.
Goldstein repeatedly raised the question of whether district employees attended the fundraiser.
The board agreed to bring up the matter for a discussion at their Dec. 3 meeting.
"Do we spend money or do we not spend money? I think the prudent thing would be to take some time, for those who haven't made the decision in our mind, whether the fundraiser was in fact the responsible thing for a board member to do," Goldstein said.
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