Sewanhaka Board Split Over How to Approach Nassau County Lawsuit

The District Board of Education was divided on how to proceed with a lawsuit against Nassa County with the two representatives from the abstaining from voting because having each of the elementary school districts as well as the central high school district participate seemed like paying twice to participate in one lawsuit.

The purpose of the suit as explained by Sewanhaka School District Board Attorney Douglas Libby explained is to be a "challenge to Nassau County’s decision to eliminate what’s known as the County guarantee." This deals with certiorari settlements. "[Nassau County] has a very long history of holding the school districts harmless with these refunds," Libby said.

Sewanhaka Superintendent said he believes about 50 school districts will be participating in the lawsuit, with even Bethpage, the school district where lives, taking part in it. The cost of the suit would be capped at $5,000, Libby said. Meierdiercks added that it is $5,000 per district if 30 school districts participate, but it should be $2,000 if 50 take part.

David Del Santo, a board member representing the New Hyde Park-Garden City Park School District, brought up the idea of paying twice to be part of this lawsuit because Sewanhaka is a bifurcated school district.

"If we, the components, are going to participate in this action, having the overarching school district, the Sewanhaka Central High School District, also participate is really, I think, adding a double cost to our taxpayers," Del Santo said. "Why not poll the components and if the components are participating, that’s the representation of the district. And if they are not participating, then have Sewanhaka as the overarching school district participate. Since we’re a bifurcated school district, why are we participating and having two costs borne at the component district and at the high school district? If you look at the K-12 districts, they have one cost. Why should we bear two costs?”

Libby noted that he could understand the financial concern but that legally it was appropriate for each member of the school district to join the suit. Meierdiercks responded to Del Santo's idea by saying, "To the best of my knowledge, I don’t think any of the central high school districts are splitting their litigation costs they way that you have just mentioned."

Board President Jean Fichtl asserted she believes all of the parts should participate and that if the cost were more expensive, she would have been more hesitant.

"I feel it shows stronger support if all 56 district do participate," she said. "This is only one of the things that Nassau County is going to try to hit us with. More are coming down the pike."

The measure to enter into an agreement with the law firm Hamburger, Maxson, Yaffe, Knauer &McNally LLP in this suit passed, receiving the five votes needed with three abstentions from Del Santo, New Hyde Park-Garden City Park representative Joan Romagnoli and one of Elmont's representatives, Michael Jaime.

After the meeting, Del Santo noted that the New Hyde Park-Garden City Park board hasn't voted on their participation yet and that he would be going back to the board with this. Regarding cost, he said that $5,000 could be an aide's salary, which is something to consider, and that taking part in this lawsuit what seems like twice doesn't mean any of the Sewanhaka District schools "will reap twice the benefit."