NCSD discusses athletic director position, legal fees at board meeting
NORWICH – The Norwich City School District Board of Education held its monthly meeting Wednesday night where it debated whether the district is legally liable for not having a state certified athletic director.
Relating to that conversation the school district also revealed a rapid increase in legal fees from the previous school year, with costs already more than triple last year's total, and there are still four months left in the school year.
Certified athletic director liability
Superintendent Gerard O'Sullivan noted a state education department regulation that says, "Each district...shall employ a director physical education and administrative and supervisory service." Currently, NCSD has an Athletic Coordinator, Lee Supensky, who has agreed to maintain the position through the end of the school.
O'Sullivan said on September 4 of last year, the district received a letter from Dr. Ed Erickson requesting a board investigation into the athletic department as a result of recent coaching controversies and the fact the district's then Athletic Director, Joe Downey, did not have State Education Department (SED) certification. He questioned if the district could be liable for this.
O'Sullivan said Downey resigned from his position of six years in December 2017 "for a variety of reasons," and Lee Supensky was subsequently appointed to the position.
The district's legal firm, Ferrara Fiorenza, replied that "It is not unusual for a school district to have teachers in roles such as...athletic director...no particular certification is required to serve in capacities such as athletic director..." but recommended the district appoint a director of physical education with physical education and administrative certification, or appoint a qualified retired person, designate a teacher to fulfill the role, or share services with another district.
Board Vice President Jennifer Collins said, "I'm glad that Mr. Supensky stepped in, but quite frankly if you look what Mr. Atlas from the legal team told us, without a confirmation from SED saying it's okay, even Mr. Supensky doesn't have the proper certifications."
O'Sullivan said he had been in contact with the SED and notified it the district was not in compliance.
"I believe there is only one district in our BOCES – I believe that is Unadilla Valley – who has someone that has a certification," said O'Sullivan. "Every other district in our BOCES has a teacher, who's not administratively certified, doing these types of jobs."
School's legal costs have tripled and are still rising
One result of this debate is O'Sullivan noted a stark increase in the district's legal expenses from 2016-17 to 2017-18. He said with the district's former firm, Hogan & Sarzynski, the district paid $12,729.51 in legal fees for the entirety of the year. In 2017-18 under its new firm, Ferrara Fiorenza, NCSD has spend $37,338.02 in legal fees with four months remaining in the school year.
"That's a $25,000 increase in our legal expenses. At this rate, over four months, we'll be up to $50,000. I can't justify to the board, or I can't justify to anyone, going from $12,000 to $50,000 in legal expenses in one year," said O'Sullivan.
Collins noted that the first four months with a new firm can be expected to be higher than normal as the firm becomes familiar with its client. She said the last four months have "settled down significantly."
In the month of September, the district was billed for $10,274.65 in legal fees. O'Sullivan said the legal fees from July, August, and September of 2017 were in regards to consultations about the board of education's personnel committee, "can you get rid of the superintendent?" meetings, and athletic coordinator conversations.
Board member Joe Stagliano asked if Ferrara Fiorenza had ever provided the district with its pricing from its Request for Proposal. O'Sullivan said no, but they had notified the district that its rates would be going up.
Board member Howie Sullivan said, "I think that Ferrara Fiorenza do a wonderful job. They're great lawyers, they give us great advice––which is pretty much the same advice we got from our last attorney. But whether or not we can afford them, I don't know."
Relating to that conversation the school district also revealed a rapid increase in legal fees from the previous school year, with costs already more than triple last year's total, and there are still four months left in the school year.
Certified athletic director liability
Superintendent Gerard O'Sullivan noted a state education department regulation that says, "Each district...shall employ a director physical education and administrative and supervisory service." Currently, NCSD has an Athletic Coordinator, Lee Supensky, who has agreed to maintain the position through the end of the school.
O'Sullivan said on September 4 of last year, the district received a letter from Dr. Ed Erickson requesting a board investigation into the athletic department as a result of recent coaching controversies and the fact the district's then Athletic Director, Joe Downey, did not have State Education Department (SED) certification. He questioned if the district could be liable for this.
O'Sullivan said Downey resigned from his position of six years in December 2017 "for a variety of reasons," and Lee Supensky was subsequently appointed to the position.
The district's legal firm, Ferrara Fiorenza, replied that "It is not unusual for a school district to have teachers in roles such as...athletic director...no particular certification is required to serve in capacities such as athletic director..." but recommended the district appoint a director of physical education with physical education and administrative certification, or appoint a qualified retired person, designate a teacher to fulfill the role, or share services with another district.
Board Vice President Jennifer Collins said, "I'm glad that Mr. Supensky stepped in, but quite frankly if you look what Mr. Atlas from the legal team told us, without a confirmation from SED saying it's okay, even Mr. Supensky doesn't have the proper certifications."
O'Sullivan said he had been in contact with the SED and notified it the district was not in compliance.
"I believe there is only one district in our BOCES – I believe that is Unadilla Valley – who has someone that has a certification," said O'Sullivan. "Every other district in our BOCES has a teacher, who's not administratively certified, doing these types of jobs."
School's legal costs have tripled and are still rising
One result of this debate is O'Sullivan noted a stark increase in the district's legal expenses from 2016-17 to 2017-18. He said with the district's former firm, Hogan & Sarzynski, the district paid $12,729.51 in legal fees for the entirety of the year. In 2017-18 under its new firm, Ferrara Fiorenza, NCSD has spend $37,338.02 in legal fees with four months remaining in the school year.
"That's a $25,000 increase in our legal expenses. At this rate, over four months, we'll be up to $50,000. I can't justify to the board, or I can't justify to anyone, going from $12,000 to $50,000 in legal expenses in one year," said O'Sullivan.
Collins noted that the first four months with a new firm can be expected to be higher than normal as the firm becomes familiar with its client. She said the last four months have "settled down significantly."
In the month of September, the district was billed for $10,274.65 in legal fees. O'Sullivan said the legal fees from July, August, and September of 2017 were in regards to consultations about the board of education's personnel committee, "can you get rid of the superintendent?" meetings, and athletic coordinator conversations.
Board member Joe Stagliano asked if Ferrara Fiorenza had ever provided the district with its pricing from its Request for Proposal. O'Sullivan said no, but they had notified the district that its rates would be going up.
Board member Howie Sullivan said, "I think that Ferrara Fiorenza do a wonderful job. They're great lawyers, they give us great advice––which is pretty much the same advice we got from our last attorney. But whether or not we can afford them, I don't know."
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