On Tuesday the school board received an update on the ongoing lawsuit – now 10 years in the making – including what will likely happen now that a State Supreme Court judge in Albany last month ruled against the eight small city districts that are part of a lawsuit against the state, claiming they are not receiving equitable funding and the state needs to comply with the State Constitution, which requires the provision of a “sound basic education” for all children.

Jamestown is one of those eight districts. The seven other small cities districts joining Jamestown are Utica, Poughkeepsie, Mount Vernon, Kingston, Newburgh, Port Jervis and Niagara Falls. Because districts can not directly sue the state, the eight districts are members of a group that is paying the legal fees to help the case move forward and each district pays a membership fee to that group.

In 2009, at the outset of the case, then known as Hussein v. State of New York, the Supreme Court trial court denied the State’s motion to dismiss. In 2011, the intermediate appellate division court affirmed, and in 2012, the New York Court of Appeals, the state’s highest court, also affirmed, allowing the case to proceed. In 2015 the Maisto trial was conducted in State Supreme Court in Albany, in front of the Honorable Kimberly A. O’Connor. In 2016 O’Connor issued a ruling dismissing the plaintiff’s claims. That ruling was appealed and in 2017 the appellate division reinstated the lawsuit, sending it back to O’Connor to be reviewed again. O’Connor’s decision in January 2019 was the latest outcome in the ongoing legal saga.

Jamestown School Board President Paul Abbott tells WRFA it’s frustrating because the case has dragged on for several years, with the previous ruling having already been appealed only to have it punted back to the same Supreme Court judge in Albany.

“When it’s gone back to certain judges it seems that it’s gets batted back at us and we are again in front of appeals court judges that tell us, ‘No, small cities schools, you are correct. These other judges were wrong.’ And then it just becomes that cycle. That’s when you have decide when it is time to step out of the ring and turn your focus to other things,” Abbott explained.

Abbott adds that if the district were to stay financially invested in the case, the cost wouldn’t be a lot, but at some point the board has to determine when is the district throwing good money after bad.

“The district is spending a little bit of money to support our legal representation in this battle. The board’s role in this is to decide if we continue to support it or to make the decision that it’s time to – whether we know we’re right or not – perhaps its time to give up the fight if it’s becoming not responsible to stay in a fight which we don’t feel that we can win,” Abbott said.

Abbott adds the board will take the advice of legal council before making the decision on how to proceed, as well as consider input from its liaison in the case – former school board president Joe DiMaio – who continues to speak with the attorneys and officials from the other districts involved with the case. Joining DiMaio in that effort is current school board member Nina Karbacka.

Both DiMaio and Karbacka gave the school board an update on the lawsuit during Tuesday’s board meeting- weighing both the pros and cons of being involved in the lawsuit.

Both agreed it would be worthwhile for the district to remain involved in the case rather than sitting on the sidelines, mostly because as active participants who are helping to fund the case, they have a direct line with the attorneys involved and can offer direct input on a monthly basis.

Abbott said he was unsure of when the board would make a decision on making additional payments, saying it would likely depend on when the attorneys involved request a new round of funding to keep things moving forward.

The Chautauqua County Board of Elections reports that all 18 districts in the county saw their budgets approved by voters. In addition, every district that had additional propositions (most dealing with borrowing for bus/transportation purchases) were also approved.

Every district in the county also held a school board election, with most of them being uncontested. However, in Jamestown four candidates ran for two board seats – with incumbent board member Patrick Slagle gaining the largest number of votes to secure his reelection. In addition, former board member Joe Pawelski, who ran as a last-minute write-in candidate, received the second highest number of votes.

More than 960 residents came out to vote in the Jamestown school election, with Slagle picking up 851 votes and Pawelski gaining 638. Coming in third was Jeffrey Yeates with 258 and Todd Rushforth finished fourth with 198.

Current school board president Joe DiMaio also had his name on the ballet but said that he had decided against seeking another term on the board. Despite his announcement he still received 101 votes.

The $79.18 million Jamestown school budget was approved 757 to 207 while the $930,000 transportation proposition was approved 772 to 191.

All results from the election are unofficial until the canvass of votes, taking place Wednesday at 5:30 p.m. in the Board Room at 197 Martin Road. The board will also hold a regular meeting as well.

Among the districts in Southern Chautauqua County, only Jamestown and Sherman are featuring contested school board races.

In Jamestown, residents will head to the polls to vote on a $79.18 million budget that includes a slight tax cut, along with no programming or staffing cuts. Residents will also vote on a transportation proposition to borrow $930,000 to assist with the purchase of new school buses.

In addition, they will also vote for two open seats for the Jamestown School Board, with four candidates running.

Candidates whose names will appear on the ballot for the board of education are Jeffrey Yeates, Todd Rushforth, incumbent Patrick Slagle, and current board president Joe DiMaio. However, DiMaio announced last week that he has decided to pull out of the race and will not accept another term to the board if elected. In addition to the three active candidates whose names will appear on the ballet, former long-time board member Joe Pawelski has announced that he is running in a write-in campaign.

Besides the school budget vote and school board election,

Voting will run from noon until 9 p.m. on Tuesday at three locations in the district: Jefferson, Washington, and Lincoln schools.

Other districts holding a budget vote and school board election today include:

Sherman School District

• $9.62 million
• Three candidates running for two seats: Jennifer Ferreira, Gary DeLellis, Robert Head
• Transportation proposition to borrow $360,000

Voting at Sherman School from Noon to 9pm.

Southwestern School District

• $26.59 million budget
• One candidate running for one board seat: William Burk
• Transportation proposition to borrow $290,000

Voting will take place at Southwestern School from 7am to 9am and 2pm to 9pm.

Frewsburg School District

• $16.73 million budget
• Three candidates running for three seats: John Spacht, Polly Hanson, Randall Wiltsie
• Transportation proposition to borrow $232,800
• Capitol Improvement proposition: Establish a 10 year capitol improvement reserve fund not to exceed $3,000,000

Voting at Frewsburg High School from 2 to 8pm.

Bemus Point School District

• $14.03 million budget
• Two candidates running for two seats: Brian Whalen, Barry Swanson
• Transportation proposition to borrow $225,000

Voting at Maple Grove High School from 2 to 8:30pm.

Cassadaga Valley School District

• $20.17 million budget
• One candidate running for one seat: Marcus Clark
• Transportation proposition to borrow $330,000

Voting at Cassadaga Valley High School from 2 to 8pm.

Falconer School District

• $22.38 million budget
• One candidate running for one seat: Jamie Zaranek

Voting at Falconer High School from 2 to 8pm.

Panama School District

• $13.15 million budget
• One candidate running for one seat: Donald Butler

Voting at Panama School from noon to 8pm.

Chautauqua Lake School District

• $22.04 million
• Two candidates running for two seats: Kim Weborg-Benson, Kenneth Shearer

Voting at Chautauqua Lake High School from 7am to 9pm.

The Chautauqua County Board of Elections has designed and printed ballots for these school districts and will program and service the Election Day voting machines.  The school district clerk remains the chief election officer for all school elections.  Sample ballots identifying candidates and propositions for all nineteen school districts are available for viewing at votechautauqua.com.

Former Jamestown school board member and former board president Joe Pawelski, who still lives in the Jamestown School District, has confirmed to WRFA that a group of residents approached him this week and asked him to run as a write-in candidate. The request comes following the announcement earlier this week that current board member and president Joe DiMaio has decided against seeking a fifth term in office.

Pawelski served on Jamestown School Board for 19 years, and was elected by his peers as president of the board for five consecutive years, from 2003 to 2008. He told WRFA on Friday that even if elected to the board in the upcoming election through the write-in process, he still would need approval from his employer prior to taking a seat on the board. He currently serves as Associate Vice President – Investment Officer at Wells Fargo Advisors in Warren, PA.

There are two seats on the ballot for three-year terms. Four names will appear on the ballot, although DiMaio has said even if he received the highest or second-highest total number of votes, he would decline serving another term on the board. The other three names that will appear on the ballot are current school board member Patrick Slagle along with city residents Jeffrey Yeates and Todd Rushforth.

The district has also already mailed out a postcard with Board of Education candidate information, which people should receive this week in their mail. .

The election will be conducted next Tuesday May 17 from noon to 9 p.m. Voters unsure of their correct polling places can call the District Clerk at 483-4420.

Joe DiMaio

JAMESTOWN – The current president of the Jamestown School Board will retire from the board at the end of the current school year.

Board president Joe DiMaio announced during Tuesday’s Jamestown School Board meeting that he has decided to pull out of this year’s School Board elections. DiMaio been on the Board for twelve years and served as Board President for four.  In announcing his departure, he said he felt the time was right to leave the board.

“After many years of service to the district I love, I have decided to withdraw from the school board elections and say farewell to my friends and colleagues at the end of my current term in June,” DiMaio said. “I’m so pleased with how well things in the District have been going. As I reflected on my options, it just seemed this was a good time to bring this phase of my contributions to a close.”

Though his name will still appear on the May 17 school election ballot, DiMaio has asked that voters not waste a vote on him, because he will decline to serve a fifth term.  There are two seats on the ballot for three-year terms and three candidates are now seeking election. They are: current school board member Patrick Slagle along with city residents Jeffrey Yeates and Todd Rushforth.

The district has also already mailed out a postcard with Board of Education candidate information, which people should receive this week in their mail. DiMaio will be listed on that postcard as a candidate but again, he is asking voters to disregard his name as an option.

The election will be conducted next Tuesday May 17 from noon to 9 p.m. Voters unsure of their correct polling places can call the District Clerk at 483-4420.

The proposed $79.18 million spending plan includes a tax cut equal to the amount that the tax levy was raised for the current school year year. In addition, there will be no layoffs or elimination of positions – which is the first time the district hasn’t been forced to make cuts since the 2008-09 school year.

In addition to tonight’s budget presentation, voters can also review the budget online at www.jamestownpublicschools.org. Residents without Internet access can review the proposed budget at the Superintendent’s Office at 197 Martin Road during regular business hours (8 a.m. to 4:30 p.m.), as well as at all Jamestown schools’ main offices, and the Prendergast Library.

The 2016-17 School Budget Vote and School Board Elections will be held on Tuesday, May 17, 2016. There are two Board of Education seats, each for a three-year term, on the ballot.  The candidates are current board member and board president Joe DiMaio, current board member Patrick Slagle, city resident Todd Rushforth and city resident Jeffrey Yeates.

The election will be conducted next Tuesday from noon to 9 p.m. Voters unsure of their correct polling places can call the District Clerk at 483-4420.

Four individuals have submitted petitions to run for the two seats that are up for election for this year’s election. The candidates are current board member and board president Joe DiMaio, current board member Patrick Slagle, city resident Todd Rushforth and city resident Jeffrey Yeates.

On May 17 voters will elect two of the four to serve three-year terms on the school board as well as the 2016-17 budget.

All city residents 18 and older are eligible to vote in the election. School district residents registered to vote with the Chautauqua County Board of Elections are also eligible to vote in the school board election.  If a person is not registered to vote, the District Clerk is available to register any eligible voter between the hours of 8 a.m. and 4:30 p.m. any weekday through May 10, 2016 in the Administration Building, 197 Martin Road, Jamestown, New York.

Applications are also available for Absentee Voting.  The application forms and instructions may be obtained in the Superintendent’s Office. Any questions about the Board of Education petition process, voter registration or absentee voting applications can be directed to 483-4420.

The 2016-17 Popular Budget will be available for public review in the Superintendent’s Office, 197 Martin Road or on the JPS website (www.jamestownpublicschools.org) under the button on the home page “2016-17 Budget Information” beginning on May 3, 2016.

A budget hearing and meet the candidate forum will also take place on May 10.  The budget and school board vote is May 17.

Candidates must submit a completed petition containing the names of 100 or more qualified voters within the school district. Petitions are due back to the Superintendent’s Office, 197 Martin Road, Jamestown, New York, by 5 p.m. April 27, 2016.

There will be two JPS board seats on the May 17 ballot, each for a three-year term, beginning July 1, 2016. Those seats are currently held by Jamestown School Board President Joe DiMaio and board member Patrick Slagle.

If a person is not registered to vote in the May 17 election, the District Clerk is available to register any eligible voter between the hours of 8 a.m. and 4:30 p.m. any weekday through May 10, 2016 in the Administration Building, 197 Martin Road, Jamestown, New York.  Anyone who is not registered with Chautauqua County Board of Elections should present themselves, in person, before the JPS District Clerk with proof of identity and proof of address in order to be entitled to vote on May 17, 2016.

Applications are also available for Absentee Voting.  The application forms and instructions may be obtained in the Superintendent’s Office. Any questions about the Board of Education petition process, voter registration or absentee voting applications can be directed to 483-4420.

The 2016-17 Popular Budget will be available for public review in the Superintendent’s Office, 197 Martin Road or on the JPS website (www.jamestownpublicschools.org) under the button on the home page “2016-17 Budget Information” beginning on May 3, 2016.

The Jamestown School Board approved the 2016-17 budget during its April 19, 2016 board meeting.

JAMESTOWN – The Jamestown School Board has approved a 2016-17 budget totaling $79.18 million. The budget includes a tax cut equal to the amount that it was raised for the current budget year. In addition, there will be no layoffs or elimination of positions – which is the first time the district hasn’t been forced to make cuts since the 2008-09 school year.

77.8 percent of the budget is covered by state aid, while 20.4 percent comes from school taxes. The board voted 7 to 0 on the spending plan.

School Superintendent Tim Mains said the budget is important for a number of reasons.

“What the board adopted tonight was a $79 million budget that preserves every staff position, protects all programs, basically lowers taxes – it gives back the tax increase that was raised last year, and protects our reserves and fund balance and allows us to continue to grow that. So they took action that was good for the district,” Mains said following the meeting.

Board president Joe DiMaio said that for the first time in several years, the board was somewhat satisfied with the end result of the budget process.

“This has been the most enjoyable budget in recent years, in terms of having budget sessions in which [the administration] was able to come to us and do such a great job of showing us where everything went. So we didn’t have to say ‘well, this needs to go here,’ or ‘we need to move more funding there,'” DiMaio said. “You saw that, really, tonight’s questions were basically really only comments on the budget.”

A public hearing on the Budget will take place on May 10.  Copies of the spending plan will also be made available at the school district website.  It will go up for a public vote on May 17.

On Tuesday night the Jamestown School Board heard from French teacher Victoria Rishell, who offered a recap of the French Club’s trip to France, which took place last week during spring break. In addition, a family that included two Jamestown students also spoke to the school board, offering their thoughts on the trip while also saying they would not hesitate to go again.

While students were on the trip, a terrorist bombing took place in nearby Brussels. A portion of the trip also included a visit to Paris, location of the November terrorist attacks that left 130 people dead and dozens more injured.

School Board president Joe DiMaio said student safety is always a top priority when the board decides whether or not to give permission for a field trip. But he adds that in addition, cultural enrichment and the once-in-a-lifetime learning opportunity for students must also be considered.

Joe DiMaio

“I think it depends on a lot of the situations, but if you look at our strategic plan, we want to broaden our students’ outlook by given them the opportunity to travel abroad,” DiMaio said. “There’s also other benefits too. They have to work hard. A lot of these kids who go have to work hard to raise money. So it’s a nice accomplishment for them.”

DiMaio also said that contingencies for the trip were in place if an incident or situation comes up while the students are overseas. He said that’s a testament to having a veteran teacher helping to organize and lead the trip

“As long as we can do it as safely as possible and I think it helps to have an experienced person doing it,” DiMaio said. “[Victoria] knows all the ropes. She had contingency items built in to the trip, so I think that made everybody a bit more comfortable with allowing the trip to proceed.”

School Superintendent Tim Mains also said that the school was also in contact with Rishell during the trip, both through cell phone and email. He said he was in communication with her once it was learned the Brussels bombing had taken place. He said at the time the incident happened, the students were in the southern part of France and away from the Brussels attack. Brussels, located in Belgium, is about 60 miles from the Belgium-French boarder.

DiMaio said that obviously the board will have to consider international affairs when granting permission for any future field trip, including those that go overseas.