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VVS scolded for taking sides on Indian proposal
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By DAN GUZEWICH Sentinel staff writer-Rome Sentinel
VERONA - A state Supreme Court judge has ruled that the Vernon-Verona-Sherrill School District broke the law when it distributed an "open letter" last month criticizing the now defunct agreement between the county and Oneida Indian Nation to settle ongoing tax and land matters.
Judge Bernadette T. Romano also imposed a permanent injunction against similar letters in the future. The hearing was May 29.
Patrick J. Loughran, a VVS resident and employee of the Oneida Nation, brought the action against the school district on May 20. He claimed the document titled "An open Letter to the V.V.S. Community" was an unlawful use of taxpayer money and there should be no similar letters in the future. Romano sided with him.
The deal would have had the Oneidas, whose operations include Turning Stone casino, pay $55 million to the county and its municipalities to end 30 years of tax and land disputes. The VVS district, home to many of the Oneidas' properties and businesses, argued that the Nation was not paying enough.
The proposed agreement was defeated in a 10-1 vote by the county Board of Legislators' Ways & Means Committee May 27.
VVS Superintendent Norman J. Reed was reported "out of the office" and not available for comment. Attorney Colleen Heinrich, who represented the school district in the case, had no comment when asked about the decision and whether it would be appealed. She is with the East Syracuse law firm of Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C.
Loughran's case against the VVS district was supported by the Oneida Nation. One of the law firms that represented him, Zuckerman Spaeder, LLP of Washington, D.C., also has represented the Oneidas previously in several legal matters. He also was represented by the Albany law firm of Boices, Schiller & Flexner, LLP.
The Nation issued a scorching response to the VVS district's actions.
"The school district is supposed to spend its time and money educating children and protecting them from bias, racism and illegal conduct. The court's finding that VVS is 'defiant' and in 'blatant violation of existing law,' and that it used money meant to educate children to instead "convey favoritism, partisanship and partiality," raises serious concerns about the competency and willingness of this school district to educate children in accordance with the law," the statement said.
It also said the state education commissioner "needs to investigate the VVS school district and install impartial oversight until the district demonstrates that it is willing and able to comply with the established law."
The Oneida Nation spokesman Mark Emery said "We support our employees, financially and otherwise, when they have the courage to challenge illegal acts by public officials affecting the Nation's interests. We are proud of Pat Loughran's courage and principle in stopping this abuse of school funds that are supposed to be spent on educating children."
The issue, Romano said in the decision, "is that a school district cannot use its taxpayer dollars to extol the virtues of something or to criticize something." She also stated that, "This letter was designed clearly to exhort its electorate, to contact its representatives who were about to vote on this issue."
The letter "was sent to numerous places, including to all of the members of the Oneida County Legislature...all of the staff of the district, all of the media," the decision said.
Romano also addressed "the issues presented...by the respondents that this issue is moot because it was voted down in committee." The court "strenuously disagrees with that since it is very likely, extremely likely that this issue will reoccur," her decision said. The school district has not acknowledged any violation of education law, she said, and "thus believing that they have the continued right to take these actions in the future. Therefore...a permanent injunction is appropriate."
In explaining her decision, Romano cited a 1986 Court of Appeals ruling which stated that "Section 716 of the Education Law authorizes the Board of Education to present a proposed annual budget accompanied by educational and informational material to enlighten its voters without taking a particular position."
Romano in her decision on the VVS letter also said the district was "ordered to take all reasonable efforts to gather up and destroy copies of this open letter in the possession of the respondents or any and all those who are subject to the respondents' direction and control."
"... this court shall issue a declaratory judgment that the Vernon-Verona-Sherrill superintendent and Vernon-Verona-Sherrill School Board's formulation and dissemination and publication of the open letter to the VVS community was an unlawful use of taxpayer money in violation of New York law," Romano ruled.
Elsewhere the decision declares: "Thus, this court orders that the Vernon-Verona-Sherrill superintendent and board of education are permanently enjoined from using taxpayer dollars to formulate and disseminate information which supports a particular position, conveys favoritism, partisanship, partiality, approval or disapproval regarding the partnership plan between the Oneida County and the Oneida Indian Nation or any proposed settlement agreement between the Oneida County and Oneida Indian Nation."
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