Community Fundraiser for Board Trustee Raises Questions

A fundraiser held earlier this year for Kings Park Board of Education trustee Liz Barrett, has raised questions in regard to whether the event violated the board’s code of ethics.

Jim McGuire, of Kings Park, had previously asked the board to review section 6010 of the Code of Ethics for Board Member, which is related to receiving gifts.

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.

The 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.

President of the board, Marie Goldstein responded at Tuesday's meeting that she had called the school district’s attorneys to see if they would review the matter and was told that doing so would be a conflict for them.

“I called our counsel and was told, unfortunately, they cannot give me a direct answer because it would be a conflict for them,” said Goldstein who later explained that the district’s attorneys represent the board.

According to Goldstein she then contacted the New York State Schoool Boards Association.

“I also called NYSBA is search of a direct answer. They told me as a board we needed to get an official opinion of our counsel,” said Goldstein at the  meeting. “I was told again by counsel that they could not handle this. NYSBA said that we could also do nothing, hire outside counsel or take the issue and refer it to the District Attorney.”

At the meeting Barrett denied any wrongdoing in the matter and said she was told by her lawyer that she was not in violation of the policy.

In a phone conversation after the meeting, Barrett said the fundraiser was not organized by her, but by community members and that the money was used to offset attorney fees incurred by the board’s petition.

“I did not violate any code of ethics that could influence my performance on the board, “ said Barrett.  “I was approached by community members. When they approached me I asked my attorney and he said it was not a probelm as long as I have no contact with anything. They set up an account. I had no dealing with anything." 

Goldstein said any further discussion would take place at the next board meeting.

"I find this to be, once again an uncomfortable distraction," said Goldstein. "The school board has a responsibility to be certain that all polices are being adhered to and at this point the board will have to make a decision on what direction we are going to go with this."

Barrett also said the issue has become a distraction for the board.

"This is going to continue and we have more important things to look at," said Barrett. "I will continue to abide by the oath I took and serve the community and do what is right for the students of Kings Park."