Who's Minding The Store?

Dr. Barter and TVCSD Break NYS Law

On January 31st of 1996, Mary F. Barter, District Superintendent of Schools, responded to a letter written by Setauket resident Edward J. Shea to The Village Herald. In his letter, he had accused Ward Melville's principal, Robert McKean, of a variety of offenses against the school district and the administrative authority of the Superintendent. Basically, Ms. Barter stated unequivocally that Mr. Shea was both unfair and inaccurate in presenting the known facts of the matter. That "it is essential...we maintain...a thoughtful, informed dialogue....Comments such as Mr. Shea's impede rather than facilitate [that] dialogue."

That same day, Mr. Shea had delivered to the district's administrative office the following letter addressed to Ms. Barter. Copies were provided to Principal McKean, Melanie Krieger, all members of the Board of Education, The Three Village Herald as well as to Rudy Hodor, president of the Three Village Taxpayers' Association and, via e-mail, the editors of The Waking Bear©.

"Dr. Barter;

"Your letter published this day in the Three Village Herald spoke of my being 'unfair and inaccurate' concerning Mr. McKean's actions, vis-à-vis the West Prep incident. Being unfair is a subjective measure, unworthy of rebuttal. But inaccurate? Where was I inaccurate? And, before you respond, please read and/or call to mind your comments and those of Melanie Krieger and Robert McKean in the media and at various recent public meetings.

"Per figures released to The Village Times and published on December 21st of 1995; Ward Melville's 1995-1996 budget is $7,184,000. You 'requested' that McKean supply you with a budget proposal 5% smaller for next year. That meant a reduction of $359,200. McKean, depending upon which of the local papers you read, submitted reductions amounting to $600,000(in the Herald) - $650,000(in the Times). That represents proposed reductions of 8.35% to 9.04% according to my calculations! So, the numbers I used are NOT 'inaccurate.'

"Did Krieger and McKean help spread the 'word' and stir things up; first in the media and then in the community, through a very well orchestrated display of emotion at the January 23rd Board of Education meeting? Yes, they did. Did Krieger and McKean exceed their authority by making this matter public instead of referring the media to you for comment? Yes, they did. Did not McKean ignore your specific request for a 5% reduction and exacerbate an already difficult community problem by suggesting unlikely cuts? Isn't he supposed to make tough, politically charged decisions about program and staff cuts. Isn't that why Mr. McKean earns $107,747. Yes, yes and yes! So, my political conclusions are NOT 'inaccurate.'

"Dr. Barter; the military, corporations and public service agencies have been making cuts for several years now. None of their generals, vice-presidents or foremen when asked - which, in management terms, is an implied order - to downsize their fiefdoms, liked having to fire people or lose their favorite R&D project. They accepted the fact that their "boss" had to make similarly tough decisions about the survival of the larger organization. I simply cannot imagine a colonel, a district office manager or deputy chief of anything saying to their Superintendent, "Here's a list of my programs and personnel, you decide." If they did, their termination would provide the first cost saving measure. And, of course, none of them would have that most blessed of all sacraments, tenure, bestowed upon and protecting their every foible. So, my management conclusions are NOT 'inaccurate.'

"Did Mr. McKean show that he had the courage of his convictions, when he precipitated the media blitz? Yes, he did and, to some extent, I admire him for it. But then I also admire history's already very long list of martyrs and, though misplaced, your own loyalty to someone that violated your trust.

"No, I was not inaccurate. The district needs tough leadership, now more than any time in the past. Anarchy cannot be tolerated. And, in an effort to further substantiate the accuracy of my own published conclusions, I have herewith submitted a Freedom of Information application requesting all documents exchanged and pertaining to this matter amongst Principle McKean, Director Krieger and yourself. Let us see how much more I can learn and be 'inaccurate' about.

"Your obligation transcends the interests of even the most worthy of employees and however well intentioned their actions may have been.

"Principal/Mr. Robert McKean was wrong."

Along with the above letter was a Freedom of Information request: "Copies of ALL correspondence - memos, directives, letters and reports - between any of the following: Dr. Mary Barter and/or Director Melanie Krieger and/or Principal Robert McKean, pertaining to Dr. Barter's 'request' for budget recommendations of 5% less than that of Ward Melville's 1995-1996. Such documents should also include the list of proposed reductions provided to Dr. Barter by Mr. McKean."

Under the laws of the State of New York, a request for such documents must be responded to "within five business days of the receipt of the written request...the agency must make the record available, deny access in writing giving the reasons for denial, or furnish a written acknowledgment of receipt ...and a statement of the approximate date when the request will be granted or denied."

On February 8th, a representative of Assistant Superintendent for Business Services, John Lorentz - the District's Records Access Officer - telephoned Mr. Shea to explain the administration was not yet sure of whether or not they intended to provide the records asked for. By the 9th, they'd still not decided and Shea told them to "put it in writing" as required by law. To date, TVCSD has not done so. Therefore, as of February 8th (1996), John Lorentz and the Three Village Central School District and its Administrator, Mary F. Barter, have been violating Sec. 89 Subd. 3 of the NYS Public Officers Law. On February 24th, the matter was brought to the attention of Robert J. Freeman, Executive Director of the Committee on Open Government for the Department of State of the State of New York.

On March 8th, more than a month beyond state requirements, John Lorentz denied access to the documents, claiming that the "Requested documents are not final agency policy or determinations." The contention implied being, that as the matter of West Prep's survival is still at risk - with the budget neither finalized nor approved by the Board, the District cannot release information that will be used in a FINAL decision.

An appeal of the decision was filed on March 15th 1996, when hand delivered to Ms. Barter, but was never responded to. This escapade has been a farce since inception. And, with all this effort to suppress, the question "what's in those documents, anyway?" begs response.

[ UPDATE!]Since then, The Westinghouse competition has become the Intel competition. John Lorentz moved on to BOCES, allegedly the sole purpose being for more money. Melanie Kreiger, she too left for another district, crying all the while that she was leaving because she couldn't get what she wanted. Bob McKean continues to serve but a lot less vocally. And, as for Ms. Mary F. Barter the district's bane to open government, on July 1, 1999 she moved on as Durango, Colorado's District Superintendent- for less money but her own Jeep. Isn't that nice?

Watch out Durango, you have no idea what you've inherited. [ END UPDATE ]

If interested in following what may be Barter's really short career in Durango, check the Durango Herald . Enjoy!