10/10/2023
PUBLIC 🗣️ANNOUNCEMENT, REGARDING 10/9/2023 SCHOOL BOARD MEETING.
I want the public to understand how authentic I am trying to be with this communication and give as much information as possible. I want the public to have more context of the things they are not aware of. I am supplying this information and intend no harm to anyone in particular, so please do not see it through that lens.
If you have been following the last few Octorara School Board meetings you might have noticed my wife Melissa making lawful objections regarding the Board’s Sunshine Law violations.
During one objection Melissa noticed the Board failing to provide notice within 24 hours in advance of the meeting. This was identified as Title 65 710(c.1) and the board was obligated to terminate the meeting and reschedule and provide lawful notice.
I have sent several emails to both Sam Ganow and Jill Hardy prior to publishing a public agenda concerning Sunshine Law issues and agenda item concerns and have not been dignified with any response for more than 15 days. It is a “Slap in the Face” to all district constituents that they feel they do not have to respond to my email communication. The 8 board members are united in their particular stance in trying to silence me (and you) by not responding to my questions and concerns.
Pointing out violations is providing the public evidence of their lack of concern or interest in resolving the issues. Unfortunately, the public is not informed or even aware of these types of conversations and must rely on discerning communication from different board members.
Mr. Norris last evening creatively attempted to identify me as the person responsible for purposely not informing Jill of her failure to properly post the meeting agenda in an attempt to have a “Got ya moment” on the Sunshine Law violation. It is true that I indeed did miss the public notice, as I receive information several days prior to the public. It is the public’s responsibility to ensure that the board follows the Sunshine Law and identifies when records are missing in the lawfully prescribed time and manner, for that I thank Melissa for doing her homework.
Also, the morning of the 18th of September, Jill Hardy was notified by a member of the public (Mr . Norris confirms this himself at the 33:56 mark into last nights meeting) that the agenda and support documents had not been posted in time. Jill had several hours to notify the Board President,the Board, and the Superintendent of this oversight so that the meeting could be canceled and rescheduled. She failed to take this action. Brian, where is your obligation in making notification since you were obviously aware of this notice sent to Jill?
It has also been brought to my attention that after the meeting was cancelled on the 18th of September, board member Brian Norris approached this very person and blamed them and Melissa for making Jill cry. Brian Norris conveniently left this fact out of his comments last evening.
It is interesting that no other board member was asked if they noticed a violation and were not challenged. But that appears the direction they prefer, to accuse me and avoid their own culpability and lack of oversight.
Also, Mr. Ganow received improper advice when an objection was registered, and did not proffer a remedy to the objection. It was really quite simple. Recess the meeting, make a few copies of the missing pages of the agenda and present the complete agenda to the people in attendance. Simple remedy and future remedies include having all documents available for the public if they did not have time to obtain them online (in compliance with 710 (c.1)(ii) The agency shall post the agenda, which includes a listing of each matter of agency business that will be or may be the subject of deliberation or official action at the meeting, at the location of the meeting and at the principal office of the agency.
The purpose of having legal counsel at the meeting is to provide counseling to not just the board but to the residents who have questions. Mr. Litts saying he needed to review the question and respond later is interesting. Truly, why was Mr. Litts there if he could not answer simple questions on Sunshine Law? It would have been understandable that he needed to possibly review other topics in depth and get back to the board. Why was Mr. Litts actually there last evening at an expense to the public when he will not answer the public or help the board with immediate remedies to objections of the Sunshine law? I was hoping the board decided to get answers on my communication sent between 18th-25th of September regarding Sunshine Law violations and other issues. Mr. Litts and board President Sam Ganow both offer no response, no correction.
I want this to be clear, last night Board President Sam Ganow stated “that the board had requested that the lawyer be present” for the meeting.
When was that decision and expense decided with a quorum present ? The decision to have the lawyer present was never brought to my attention and if decided by a quorum with no notice that is a Sunshine Law violation.
If you have not been aware, the board has ignored every one of my objections for approving legal bills for a private legal matter. At no time was the public notified of the board bringing to vote the use of taxpayer funds for a private legal matter. Had that vote been an agenda item I would have reiterated my objection and voted nay to approve taxpayer funds on a legal matter. At NO TIME was the public invited to comment and share their thoughts regarding using taxpayer funds in a private legal matter. It is the public’s duty to speak up on these types of concerns and I have done my level best to honor my oath to the constituents. My repeated requests to be provided the legal basis in which the lawyers and the board support using taxpayer money for a private legal matter have been ignored and none has been presented to me or the public. The only statement given is “there is a difference of opinion”, which the difference is with the Federal Court, not me personally.
As I strive to act on behalf of every citizen, my goal is to be more than a token mouth piece of protecting your children and the education, socialization, extracurricular and relational experience of public education, it is also to protect the parents and the children from the misuse of funds to best serve the diverse needs of children, educators, staff, administrators and all those involved in our children’s lives.
I have no power to make people make the right choices, but I do have a moral obligation when I see something wrong I give people the ability to correct. I am also subject to be corrected as well and happily accept correction with proper proof the correction needs made.
Anthony Falgiatore Octorara School Board Director Region 1