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Written by: Joanne Wallenstein

Published: 30 June 2020

Created: 30 June 2020

Last Updated: 30 June 2020

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Seven Scarsdale High School students voiced concerns about changes to Title IX regulations that would reduce protections for victims of sexual harassment and assault in schools and strengthen the rights for those who are accused. The changes are scheduled to go into affect on August 14. The students delivered a list of eight demands to the Scarsdale School Board during the public comments portion of the Board of Education’s June 22, 2020 meeting.

The policy makes changes to the language defining which incidents of harassment and assault require intervention from the schools. The new standard calls for schools to investigate only incidents that are “severe, pervasive and objectively offensive.” Currently the wording requires the reporting of incidents that are “severe and pervasive.”

Critics believe the new standard will reduce the rights of accusers in favor of predators. The timing leaves little chance for districts to revise their own policies to comply with the new regulations. Several states have sued the Department of Education which is led by Betsy DeVos, to block implementation of these changes.

Seven Scarsdale High School students wrote to Assistant Superintendent Andrew Patrick, the district’s Title IX Coordinator, and read their eight demands via Zoom to the Board at their June 22, 2020 meeting. The group included Hae Won Sung, Vivan Gao, Nolan Bansal, Lea Reisel, Neema Mwanhuri, Daven Oh and Elliot Weinbaum.

Here are their comments, as read by the seven students:

My friends and I are concerned about these new federal changes to title 9. It is a civil rights law that makes schools move toward gender equality and have established procedures against sexual harassment and sexual assault. On May 6 Secretary of Education issued new changes to Title 9 and we believe that these tip the scales against survivors and that these new changes require schools to account for what we believe are only the most extreme cases of sexual misconduct. We would like to know what the board’s stance is on these changes and what they board is planning to do before these new changes are enforced on August 14.

Under these new changes sexual harassment is defined as “severe, pervasive and objectively offensive.” Previously it was defined as severe or pervasive. If enacted, behavior that is sever and pervasive but not objectively offensive would not meet the definition and schools could sweep incidents like these under the rug. Schools would not be required to report incidents that don’t meet this new standard.

We spoke to Mr. Patrick our district Title IX coordinator and he said while many of you are aware of the new changes there has not been much deliberation. We urge the Scarsdale School to commit to taking sexual violence seriously and reject certain clauses of the federal changes. We understand that we are lucky to live in a district where other laws protect us as well such as the “Dignity for Students Act” and the board’s own policies. But many other communities aren’t guaranteed the same protections and it’s important for the Board to be a model.

We have compiled a list of 8 demands which we would like the Board to implement to the best of its ability.

The Board has the flexibility to decide how it interprets each clause which gives them the power and obligation to stand up for survivors. We posted a petition online and it has already received over 200 signatures from concerned students.

The first demand is to re-establish the preponderance of evidence as the standard of evidence within these cases. With the preponderance of evidence standard, the burden is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the incident is true. What this means is that both the accuser and accused are on a level playing field in terms of the burden of proof. Under the new rules, the burden of proof is placed substantially on the accuser. As title IX cases are by definition civil cases and civil cases are overwhelmingly conducted under the preponderance of evidence, we implore the board to revert to it as the only standard that values the voices of both complainants and responders.

Our second demand is to maintain a time limit of 60 calendar days to complete all sexual misconduct cases. Lengthy misconduct investigations are emotionally taxing on complainants and survivors and often cause students drop out.

The third demand is that even during the pandemic we urge the district to continue to respond promptly to incidents of sexual misconduct.

The fourth demand gives students protection no matter where they are. Under the new regulations schools are not responsible if misconduct took place off school grounds or outside of school sponsored activities. Students need protection no matter where the incident occurred.

Our fifth demand is to bar the use of informal resolution mechanisms such as letting the Title IX accused and accuser act externally. Informal mediation in cases of sexual assault is widely agreed to be inappropriate.

The sixth demand is to reinstate the Department of Education’s guidelines on protecting LGBTQ students. This ensures that students of all genders and sexual identities equal access to a safe learning environment.

Our seventh is to give students online on online sexual harassment. When schools move online due to COVID 19, so to does sexual harassment. It is important for the school to set specific boundaries on online sexual harassment and educate students.

Our eighth demand is to elect Title IX officers in the Scarsdale student body. These officers can represent and advocate for their schoolmates.

In conclusion we demand that the School Board adopt these eight policies to uphold student rights and be committed to an inclusive space. We believe it is up to the school district to protect students, especially when the students’ government is failing us.

In the follow-up portion of the meeting, Andrew Patrick responded to the students saying, “The students had reached out to me to find out the district and boards positions on the changes to Title IX and how they could influence whatever changes we make. I met with some of the students last week over Zoom. I listened to their concerns and engaged in a discussion to understand their concerns and explain how board policy is made and how policy could be impacted by this Federal change.”

“The students wrote to the Board and I have shared that message with our attorney and I will speak to our attorney to talk through a game plan to approach our own current policies to consider what we are compelled to change and how we can involve students and others in that process. We are at the beginning stages of this. And I look forward to considering their very compelling demands.”

Board President Pam Fuehrer also welcomed the student’s involvement. She said, “We look forward to working with the students on these policies. We are currently reviewing Board policies in tranches. Most of the work is a fall effort as this group will not meet during the summer.

Board member Scott Silberfein commented, “The NYS Attorney General has sued the Federal Department of Education regarding the implementation of these changes. They wrote a letter to the court seeking an injunction in the next day or two. It is possible there may be some court intervention before the new provisions of Title IX take effect.”

Watch the meeting online here:

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Published: 25 June 2020

Created: 25 June 2020

Last Updated: 25 June 2020

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Due to the pandemic and restrictions on gathering Maroon and White, was unable to honor the graduating senior athletes at its annual spring awards dinner. In recognition of their lost season, Maroon and White paid tribute to the athletes with banners of the senior athletes for each spring team which were hung on the back of the stands at the high school. Additionally, the Athletic Director and spring coaches met with the spring senior athletes to celebrate their high school spring sports careers on the turf or on Dean Field. The SHS Athletic Department and Maroon and White also prepared a pre-recorded video of the awards ceremony which was sent out to the SHS community on Friday, June 19, 2020.

The Ironman award is in recognition of participation in interscholastic athletics for each of the 12 consecutive seasons in a high school career* (*Spring 2020 was canceled)

This year’s Ironman recipients are:
Ward Bandsma
Michael Callahan
Victoria Capobianco
Samuel Denison
Emma Feldman
Sophia Franco
Samantha Jahmarkt
Isabel Lago
Jordana Love
Meghan Quirk
Matthew Shepetin
Michelle Pang




The following graduates will go on to participate in college athletics:
James Allen - Men's Golf - Penn State University
Patrick Artes- Soccer - SUNY Polytechnic Institute
Daniel Asher- Cross country and Track and Field - Fordham
Ward Bandsma - Cross Country and Track and Field - Johns Hopkins University
Olivia Bryant - Soccer - Virginia Wesleyan University
Michael Callahan - Track and Field - University of Arizona
Victoria Capobianco - Cross country and Track and Field - Cornell University
Sophie Carroll - Field Hockey - Franklin & Marshall
Jack McEvoy - Track and Field - Bates college
Sam Feldman - Football - Hamilton college
Sophia Franco - Lacrosse - Dartmouth College
Joshua Geller - Rowing - Franklin and Marshall College
Samantha Hausman - Softball - Middlebury College
Kayla Hunt - Cheerleading - Stony Brook University
Annabel Jacobs - Track and Field - Muhlenberg College
Julia Kawai - Swimming - Mount Holyoke College
Dean Mancini - Football - Hobart College
DJ Matusz - Track & Field - Middlebury College
Dorji Phuntsho - Track and Field - University of Waterloo, Canada
Conner Raff - Baseball - Nichols College
Erik Rizk - Track and Field - Rensselaer Polytechnic Institute
Ian Rothenberg - Football - Dean College
Coby Rozencwaig - Men’s Lacrosse - Clark University
Jayshen Saigal - Men’s Basketball - Lehigh University
Nikolay Sahakyan - Tennis - University of Connecticut
Liz Scarcella - Field Hockey - Williams College
Luke Schur - Ice Hockey - SUNY Albany
Elizabeth Shawn - Soccer - Fordham University
Jacob Sinclair - Track and Field - Saint Mary’s University of Halifax













This year’s recipients of the Maroon and White and SHS Athletics Department awards are:

2019-20 MAROON AND WHITE AWARDS
Mooney and Knopp Awards: Awarded to 1 female and 1 male athlete, respectively, who best exemplify dedication, spirit, commitment, enthusiasm, concern for others, and a positive work ethic. This award does not have to be awarded to the most outstanding athlete.
Mooney Award- Samantha Hausamn
Knopp Award- Sam Feldman


Timberger Award: Awarded to a senior non-player who goes above and beyond to support a team or wider athletic program.
Ines Hall

Peppers Award: This highly coveted award is awarded to 1 male and 1 female athlete who have distinguished themselves through their inspiring dedication, sportsmanship and encouragement of all team members. Each recipient must hold at least a 3.25 GPA.
Male: David Matusz
Female: Victoria Capobianco and Sophia Franco

SHS Scholar Athlete Honor Society Award: Awarded to 1 top male and 1 top female who have excelled in the following categories: dedication to their sport, competitive spirit, performance on and off the field of play, leadership on and off the field of play, performance in the classroom (with a GPA of 3.5 or higher and accomplished SAT or ACT scores), positive attitude, citizenship and sportsmanship.
Male: Ben Rubin
Female: Elizabeth Scarcella

Scarsdale Raider Award: Awarded to the student athletes who possess the attitude, work ethic, resilience and leadership qualities to change the outcome of a game, team culture or quality of a season by their presence. These student athletes contribute to the greater athletic program through their own athletic achievements as well as through the contributions of others whom they have influenced.
Male: Harrison Song
Females: Jessica Solodar, Sophie Carrol, Madison Amoriello

Congratulations to the SHS Class of 2020 Athletes!

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Written by: Joanne Wallenstein

Published: 17 June 2020

Created: 17 June 2020

Last Updated: 27 April 2021

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Thomas Hagerman, Jeff Martin and Stuart Mattey at the vote count in the SHS Learning Commons.It could not have been a more unusual election for the 2020-21 Scarsdale School budget and two seats on the school board. Why was this year different from all other years? Let me count the ways:

First, the COVID epidemic prevented in-person voting, customarily held in voting booths at the Scarsdale Middle School on the third Tuesday in May.

With schools closed and social distancing required, the Governor ordered that schools hold their elections by mail. The election was delayed until June to give districts the time to design, print and mail the ballots to qualified voters, a complex process that had to be executed by the rules to prevent any challenges to the election.

Furthermore, traditionally, Scarsdale’s School Board Nominating Committee (SBNC) vets and selects candidates for school board and they are voted onto the Board in uncontested elections. However this year, a challenger, Mayra Kirkendall-Rodriguez, came forth and ran a vigorous campaign which spurred a highly active campaign to defend the SBNC candidates Amber Yusuf and Robert Klein.

The campaigns included mailings, email, and advertising and the candidates met at an online public forum hosted by the League of Women Voters of Scarsdale. Ironically, many were actively engaged in a highly partisan campaign in a community that is ruled by the non-partisan system.

Third, in most years, the proposed school budget is widely supported by residents who value district schools. Consequently in The vote tabulation was live streamed for transparency.many years very few voters come out as the assume that passage of the budget is ensured. For instance, last year only 452 votes were cast, as compared to this year, when almost ten times that number of ballots were mailed in.

The Governor had originally mandated that all ballots be received by mail by the district by June 9, but later extended that date to June 16 and allowed receipt of ballots via a lock box for two days in June.

So this year, the combination of a contested election, mail-in ballots and a date extension drove unprecedented participation and 4,153 ballots were received.

Last, votes are usually tabulated by machine. But this year the school district was tasked with the overwhelming job of counting and tabulating 4,153 mail in ballots, again following strict protocols to guarantee that the election was valid. Village Clerk Honoree Adams, Superintendent Thomas Hagerman and the entire cabinet were involved in designing a tabulation system that was secure and could be cross checked for accuracy. The job was made even more difficult by unclear guidelines from the Governor that had to be submitted to counsel for interpretation.

Voting officially closed at 5 pm on Tuesday June 16, and the counting began immediately. The Scarsdale High School Learning Commons was set up for the count, scores of district employees were called in to tally the votes. They worked until 10 pm that night.

AV equipment was set up on the mezzanine of the Learning Commons.Audio visual and broadcasting equipment was set up in the mezzanine of the Scarsdale High School Learning Commons and cameras recorded the action. The count was live streamed throughout the evening and the next day so that it was transparent to the community.

When we stopped by the school on the morning of June 17, about 3,000 of the 4,000 ballots had been opened, checked against the voter roll, numbered, tallied, cross checked, totaled and filed for future reference. On the morning of the 17th, the last 1,000 were processed. The district then set up a noon time Board of Education meeting via Zoom to announce the results. The entire community learned the outcome simultaneously.

So what was the result?

The candidates nominated by the School Board Nominating Committee won the two seats on the board.Amber Yusuf Bob Klein received 3,035 votes and Amber Yusuf received 2,994 votes. However the independent candidate, Mayra Kirkendall-Rodriguez performed surprisingly well, receiving 1,531 votes.

The $162,696,316 2020-21 school budget passed with 3,256 yes votes which is a 78.4% approval rate. The budget is 1.19% higher than the prior year and translates to a 1.5% increase for Scarsdale residents and a 2.31% increase for those in the Mamaroneck strip. The initial proposed budget was 3.86% above 2019-20 but was scaled back after the COVID crisis hit, the economy became uncertain and schools closed. To reduce the budget, plans to completely overhaul the Scarsdale High School auditorium were scaled back, funds were taken from reserves for an initial upgrade and the district realized savings from the school closure.

What does the vote mean for Scarsdale?

Mail in ballots were at least partially responsible for improved voter participation. Will voting by mail be considered for subsequent years now that the experiment was successful? This is something that may be considered by the state after the crisis abates.

Another conclusion we can draw is that partisan politics may be here to stay and that contested elections will become the norm rather than the exception. Though the non-partisan system was formed to prevent contested elections, frequent challenges are forcing the non-partisans to organize just like their political opponents. Considerable time and money were spent on both sides and this could be our new reality.

Here are a few comments on the election:There was the highest number of votes cast in recent memory.

Board President Pam Fuehrer said, “On behalf of the Board, I’d like to thank our District employees who participated in this year’s extra-complicated budget vote and BOE Election process. Since the Executive Order on May 1, the tasks that fell to Honore, our District Clerk, have been especially complex. We appreciate all her efforts through these many weeks to become fully informed, seek clarifications, and to develop, coordinate, and oversee a confidential and secure process for collecting, canvassing, and counting the votes. We also are grateful to those who arranged their schedules to be available to count the votes yesterday evening and this morning; you’ve been essential employees in many ways, thank you. Thank you, as always, to Dave Berry and the Technical Support Services Department for providing live stream coverage of this work. We thank Dan Petigrow, our legal counsel, for being available and responsive, and we are grateful to our Cabinet, for your guidance through this process. To our voters, we are pleased to see such impressive participation; thank you for taking the time to exercise your right to vote, and thanks to our community organizations which helped with communications and information. Finally, we’d like to thank Nina Cannon, for her willingness to serve the District again, this time as our Chair of the District Budget Vote and Election.

Diane Greenwald and Art Rublin who co-chaired the Coalition for Scarsdale Schools in support of Klein and Yusuf said, "We are thrilled about the overwhelming community support for the school district budget, which ensures Scarsdale’s students will continue to benefit from the quality public education that people move to Scarsdale for. We are also grateful to the community for electing School Board Nominating Committee nominees Bob Klein and Amber Yusuf by a decisive 2-to-1 vote. Bob and Amber will serve Scarsdale and the Mamaroneck Strip with open-minds, integrity and dedication, and we wish them good luck in this important work. Our large, diverse and hardworking campaign committee came together quickly in face of a contested election, and we are proud of the entire team, which engaged with positive energy. We wish Ms. Kirkendall-Rodriguez good luck in her endeavors and commend the District for their professionalism and focus on safety while running an election under difficult and unique circumstances. Again, thanks to the committee and the entire community for this wonderful outcome. We continue to be in this together."

Newly elected Board Member Bob Klein said, “When I decided to submit my application for the opening in the school board, I knew that Scarsdale has a pool of impressive residents that are civic minded, so I am very humbled by my selection and support when the election became contested the very last minute. I am now focusing my attention on the role of supporting our schools and students and all the related stakeholders during this very unusual period when all the norms are up in the air for discussion and debate. I feel very prepared to participate in a thorough and consensus-driven process of decision-making.”

Amber Yusuf commented, “I am honored to have been elected by the Scarsdale community to serve on the Board of Education with Bob Klein. Thank you to all of the District staff, and especially District Clerk Honore Adams, for their thorough efforts conducting this unusual election. I look forward to having the opportunity to support our students and staff, and maintain the excellence of our schools in the upcoming years. I expect this year will present new challenges for all of us and I am grateful to be a part of the solution.”

Independent candidate Mayra Kirkendall-Rodriguez said, “Congratulations Amber and Bob. My family and I wish the new board and the Scarsdale school administration the best of luck in helping Scarsdale residents navigate these uncertain times. I thank the 1/3 of registered Scarsdale voters who participated in this election, and I am humbled by and grateful to the over 1,500 residents who voted for me. I look forward to trying again in the next election.”

What are your thoughts on the election and vote by mail? Please comment below.

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Written by: Joanne Wallenstein

Published: 10 June 2020

Created: 10 June 2020

Last Updated: 10 June 2020

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Scott Silberfein and Chris Morin will complete six years on the Board of Education at the end of the school year.The Board of Education covered lots of ground on Monday June 8, including discussion of inclusion and diversity, election changes and goodbyes to two retiring Board members.

Board President Pam Fuehrer opened the meetings with reflections about the Sunday night vigil in Scarsdale. Here are excerpts from her remarks:

In his convocation speech in August Dr. Hagerman spoke about the power of belonging and pledged to make Scarsdale an even more inclusive place this year and asked the staff and board members to prioritize the same… Throughout this past week PTA presidents and school principals have reached out to their communities, acknowledging the necessary partnership between home and school to promote multi-culturism, belonging, inclusion and equality. Just last evening speakers at the vigil empowered us all and encouraged responsibility, action, courage and discomfort. Speakers at the vigil asked us to make impactful changes and I am so grateful. I heard recent and current students speak to their experiences as children and as young adults in our buildings. I heard them refer to both curriculum and behavior as they spoke to the toll on their soul and their psyche. Their stories were difficult to hear. So tonight, on behalf of the board, I express our support for and a continued commitment to this pressing issue, including the ongoing work of our faculty and administrators, collaboration with the Village and curriculum and goal-setting around multi-culturism, diversity, belonging and inclusion.”

Dr. Hagerman thanked Fuehrer and reiterated the district’s commitment to diversity, multi-culturism, belonging and inclusion, saying these have been a huge priority in the district, in the classrooms, curriculum and in hiring practices. He said, “clearly we all recognize that there is more work to be done in this area, but we are fully committed to making sure that the Scarsdale Schools are safe and supportive spaces for everyone.

Dr. Hagerman discussed the extension of the school board and budget election to allow receipt of ballots by mail through June 16 at 5 pm, rather than June 9. Any ballots delivered between June 9 and June 16 must be received by mail.

Votes will be counted after 5 pm on June 16 and the counting may not be finished until June 17. Once the votes are counted and tallied there will be an official Board meeting to certify the vote. The district will livestream the full process, Dr. Hagerman said this is a large pivot for the district after a month’s worth of planning. No daily ballot counts will be provided until June 16 upon their attorney’s advice.

The Superintendent also discussed the Governor’s new order that graduation ceremonies may go on after June 26 for 150 in total. Mr. Bonamo and the Senior Events Committee are exploring options for a live graduation ceremony for high school seniors. At this point there is no indication that that this exception would apply to ceremonies for children in the younger grades.

Personnel

Drew Patrick announced the probationary appointments of two appointments in Special Education. Kristin Crudden will join the SMS Special Education Department and Lisa Geraghty will join Quaker Ridge Elementary School as an integrated co-teacher in special education.

Public Comments

Joey Silberfein of 5 Oaky Way spoke on behalf of the PT Council and wished all the retirees well and thanked the Board of Education and the entire cabinet for their dedicated service and commitment to our children’s education. She recognized two retiring board members, Scott Silberfein and Chris Morin, saying, “You spoke up and spoke often. You have never been afraid to express your opinions…. You worked collaboratively with the community… You listened carefully to the community and were committed to representing all residents in Scarsdale. It appeared that your guiding principle was to do what was best for our children, striving to maintain and improve the quality of a Scarsdale education. You were both inquisitive and thoughtful in your deliberations ….. Your commitment has been tireless, steadfast and selfless. Thank you to all the Board members. …. I know from Scott how much time you take from your personal and professional lives to ensure our district remains one of the best places in the country in which to learn, teach and to work.
Our board members provide a vital service to the community so to you we say thank you.:

Leah Dembitzer, 354 Mamaroneck Road, speaking on behalf of the League of Women Voters of Scarsdale’s Board of Directors, also thanked Scott Silberfein and Chris Morin for their leadership. “The League Board wishes to thank outgoing Board of Education members, Scott Silberfein and Chris Morin for their six years of dedicated service to the Scarsdale School District.

Scott, you served as Board President and your leadership was exhibited though your direct, collaborative approach. You are a community volunteer who doesn’t shy away from difficult and complicated leadership roles. You have moved forward through many years of intricate board matters with hard work and dedication.

Chris, you are eloquent and thoughtful in your contributions at the Board table. You have added a complex and nuanced perspective to Board discussion on difficult issues. You have spoken out for increased Board advocacy for the past several years and that is an aspect of your Board work that the League has noticed and values.

You have both demonstrated a commitment to striking a balance between the value of a Scarsdale education and a keen awareness of the tax burden on residents.

Scott and Chris, the League Board deeply appreciates all of your dedicated work to preserve and enhance a Scarsdale education for our community’s children and we wish you all the best in your future endeavors.”

Bob Berg appeared to be setting the scene for a potential legal challenge to the school budget and Board of Education voting process. He repeated his concerns from prior meetings asserting the right of any Scarsdale voter to challenge the bona fides of any voter based on the information on the outside of the ballot envelopes which are signed by voters. He said, that voters have a right to challenge the votes and appeared to want residents to be able to view the envelopes before they are opened.

He said the district has appointed “poll watchers” who are district employees, and not registered Scarsdale voters. Under election law they are required to be district residents who are qualified voters. He said, “Despite counsel’s opinion, that the COVID epidemic allows the district to circumvent this part of the election law, the executive order does not speak to anything of the sort.” He said, “I think you are skating on thin ice.” He suggested that the ballot counting be done under a big tent outside.

Later in the meeting Dr. Hagerman answered Berg saying that per the Governor’s orders only district employees can be in the schools “working in that capacity.” The District specifically asked the attorneys if others like poll watchers could be in the building and were advised against that and told that only essential workers were permitted. However, the voting process will be live streamed and the press will be permitted to observe. He added, “We cannot ask people to be outdoors, in the dark, with bugs, with allergies.” He also said, “We cannot have more than 10 people” and “will already have 25-30 people.” He said, “This will be a valid and transparent process.” He added, “All we can do is rely on the legal counsel and advice of our attorneys. That’s what we pay them for and we do our best to follow it to the best of our ability.” They have scanning equipment to make sure that there is only one vote per person.

Other matters that were discussed:

Facilities

Stuart Mattey said, “The renovation of Greenacres looks good, not only on the outside but on the inside where they are doing a lot of demo work. … they are getting into the area earlier than anticipated….Boilers are arriving, ventilators are ready to be installed and we are verifying the playground plans. Work at Edgewood and Fox Meadow has also begun where ductwork for ventilation is being installed. At the high school work is being done at Dean Field, the high school roof , to address handicapped accessibility issues, water mitigation along Post Road and new flooring near the high school offices.

At Butler Field, Ray Pappalardo said the work on the field lights has started. The bases were installed. Electrical work is now being done, followed by the installation of the lights by June 29 when Con Ed will turn on service. At their next meeting the Board will consider the installation of a sound system to be funded by Maroon and White.

Work on the Dean Field will be suspended if the district does decide to hold an outdoor graduation ceremony.

Scarsdale Family Counseling Service

The Board of Education approved funding for Scarsdale Family Counseling Service Youth Services Project for the 2020-21 school year. The district will pay $264,000 for their half of the budget, in two payments.

Watch the entire meeting here:

Commenting on the article above, Bob Berg said the following:

"I read your article about the Monday school board meeting. Your "reporting" that it appears that I'm about to set the stage for a legal challenge to the School Board election is completely off base. I would prefer that you simply report what I said rather than set forth what is inaccurate speculation. What I've been trying to do all along here is preserve the integrity of this election by having the District follow the Education Law, as superseded by Governor Cuomo's Executive Orders. The Governor has made things incredibly difficult for all School Districts because he has decided to micro-manage everything in the State, which, of course, is impossible. And in so doing, he has been sloppy. His Executive Orders regarding the School election have been ambiguously drafted, and when pressed for clarification, the Governor has been dilatory in responding, leaving Districts hanging. When he did finally respond in his last Executive Order, he once again created confusion.

Against this backdrop, the District has turned, rightly, to its counsel. District counsel has provided legal advice that I disagree with. First, District counsel opined that the District could not provide a drop box for deposit of completed ballots up to 5 pm yesterday or otherwise allow for in-person delivery of completed ballots because the Governor's initial Executive Order did not expressly allow for that, and instead, expressly provided only for mail delivery. I argued that interpretation was far too narrow, was not what the Governor intended, and would inevitably disenfranchise dilatory voters who waited until the last minute or voters whose reliance upon the US postal service for timely delivery was misplaced. Most Districts allowed for drop boxes. Of course, the District followed its counsel's advice. The Governor's second Executive Order, issued on Sunday, fortunately clarified that drop boxes and in-person delivery of ballots were indeed permitted, and the District promptly set up the necessary arrangements to comply.

My biggest concern all along has been about the District's insistence on using its own employees as poll watchers and election inspectors. It's not that I don't trust them. I actually trust them a lot more than using "qualified voters" from the District. But there's simply no provision in the Education Law allowing their use, and the Education Law specifically provides otherwise. Moreover, the Education Law expressly provides for any qualified voter to "challenge" the bona fides of any purportedly qualified voter ballot presented for canvas. The only way to do this is to allow any qualified voter who desires to be present and to examine the signed envelope containing the voter's ballot which identifies the voter by name and address. This is an important substantive right of voters that has not been vitiated by any of the Governor's Executive Orders. District counsel's opinion that members of the public can't enter school buildings because of the Governor's COVID-19 restrictions won't carry the day if someone wanted to challenge the election. That's exactly what I am trying to avoid -- in advance -- by raising the issues ahead of time.

That's why I suggested holding the canvassing proceedings outside under a tent if District counsel wouldn't allow them to be conducted in, for instance, a large, airy gymnasium in the high school, with proper PPE. As an attorney seeking to protect this election from legal challenges, I have been voicing my concerns openly in public, hoping to hear of a process that conforms with the Education Law. It seems that the District is still grappling with these issues since the District has not fully set forth how the canvas will be conducted, though I am pleased that the actual canvassing of the opened ballots will be "live streamed." I hope my explanation helps."

Best regards, Bob.