As the district court noted, based on the facts viewed most favorable to Cioffi, the Board decided to abolish his job despite the fact there was no real fiscal crisis. Cioffi, 2004 WL 2202761, at *2. Louis J. Cioffi was in his second year as director of physical education; earlier he had served for 18 years as a teacher of social studies and part-time athletic director. The Board abolished Cioffi's position on February 26, 2002, a little over three months after his November 7, 2001 letter and only three weeks after his January 31, 2002 press conference. (Geneva, N.Y.) 1831-1904, October 04, 1842, Page 3, Image 3, brought to you by Rochester Regional Library Council, and the National Digital Newspaper Program. These factual disputes preclude granting summary judgment for defendants on the basis of this defense. But personal interests frequently induce speech that is nonetheless of public concern. Holmes started off his Affirmed in part, vacated in part, and remanded. United States District Court, N.D. New York. The Averill Park School District says they have fired a high school teacher due to his "conduct outside the school" and now State Police say a criminal. The School District hired someone to fill this new position at a salary lower than Cioffi's. Anyone with information about Lenseth is asked to contact the New York State Police at 732-4644. It is undisputed that abolishing Cioffi's position as athletic director was an adverse employment action. Do you have any idea how hard we worked to make it the best it could possibly be? CIOFFI III v. AVERILL PARK CENTRAL SCHOOL DISTRICT BOARD OF ED. Knowledge gained from the report card on a school's or district's strengths and weaknesses can be used to improve instruction and services to students. Plaintiff continuously complained about how Earl ran the football program, saying that the program was out of control. He states that Earl was allowed to run by a different set of rules from other faculty members and coaches. Cioffi also chronicles his many complaints about the football program over the years, indicating that his alarms were raised to no avail. Even if considered matters of public concern, there was no causal connection established between complaints that occurred over nearly a decade and the eventual abolition of plaintiff's position. We review the district court's grant of summary judgment de novo, viewing the facts in the light most favorable to plaintiff and resolving all factual ambiguities in his favor. Stay up-to-date with how the law affects your life. Defendant Dr. Michael Johnson ("Johnson") was Superintendent of Schools during the relevant times. Our review of the November 7, 2001 letter and January 31, 2002 press conference leads us to conclude that as a matter of law these instances of speech address matters of public concern and are therefore protected by the First Amendment. In the fall of 2001, as classes began at Averill Park High School near Albany, Kevin Earl was beginning his seventh year as football coach. She added that, while theyre not being paid, theyre still working tirelessly through the summer to make sure theyre ready for whatever comes their way. of Educ., 323 F.3d 206, 211 (2d Cir. On January 31, 2002, after learning of the impending abolition of his position, Cioffi held a press conference during which he expressed his belief that the Board's decision to eliminate his position was in retribution for his criticisms regarding Coach Earl, the football program, and the investigation into the tea-bagging. of Educ., 926 F.2d 505, 509-10 (6th Cir. Averill Park teacher accused of 'indecent' messages with minor, Mom of child victim angered by resolution in case alleging rape, Megna, a fixture in state government, to be budget director again, Police confirm body in Mohawk is Samantha Humphrey, At 100, WWII vet Bill Scharoun sets a USS Slater record, Floor and Decor to take over former Sears space in Colonie Center, Hudson Valley man charged in connection with killing dogs, Memorial service Saturday for Samantha Humphrey, Albany Empire adding Antonio Brown to ownership group. Moreover, we are not persuaded as a matter of law that plaintiff was motivated solely by personal interest. Averill Park High School is the 273rd largest public high school in New York and the 5,985th largest nationally. We want whats best for your kids and OUR kids, too. Our purpose in posting this is to answer rumors that are spreading regarding this situation. Lenseth, according to his resume which was found online, is a graduate of the University at Albany and the Averill Park school system. In support of their primary purpose test defendants mistakenly seize upon Ezekwo v. NYC Health & Hosps. Soon after, the district reached out to the State Police. Anya Tucker - WTEN is digging into this story today, we'll keep you posted on any updates. One of the things that people have said to me is thank you so much for saying what were afraid to say, said Deo. Averill Park High School Class of 1981 Russ Adair Averill Park High School Class of 1968 Keith Adams Averill Park High School Class of 1997 Steve Adrian Averill Park High School Class of 1975 Stacey Agan Averill Park High School Class of 1981 Mary Aite Averill Park High School Class of 2010 Johnson Alan Averill Park High School Class of 1967 Lack of a causal connection is particularly apparent in light of his promotion to a full-time tenured administrative position in 1999 and his retention in that position after the fall of 2000 despite lacking the required Physical Education Certificate. Cioffi, 2004 WL 2202761, at *3. Dist. He held that position for three years until June 2002. Plaintiff reiterated his overriding concern for the student athletes. PHILLIP G. STECK, ESQ., COOPER, ERVING SAVAGE, LLP, Albany, New York, Attorneys for Plaintiff. Although Cioffi lost his athletic director post, as a tenured teacher he exercised retreat rights which allowed him to return to employment as a social studies teacher at a salary lower than he earned as athletic director, but considerably higher than the pay of the teacher he replaced in the social studies department. averillpark.k12.ny.us (518) 674-7055 146 GETTLE RD-ST 1 A school official, like Cioffi, who supervised the School District's athletic programs and personally investigated the initial allegations of hazing, is well suited to provide information to local citizens and parents regarding this matter of public concern. Dist. They come for the socialization and the friendship, some kids come to eat, some kids come for safety. Bertram, who is listed as a science teacher at Averill Park, surrendered himself to State Police in Schodack, the release said. 11, 2000) (noting that the protected speech must have occurred prior to the employment action in order for there to be a causal connection). It has been called Dr. Seuss Day because of this. C.Defendants' Response-Primary Purpose Argument. 1993). Defendant Thomas McCreevy ("McCreevy") was a member of the defendant Averill Park Central School District Board of Education ("School Board") from 1992 to June 30, 2002, and was president from 1998 to June 2002. Art Services listings in Albany, NY - Albany, NY Local Aug 2, 2021 Well this was pretty shocking news. In order to be protected by the First Amendment, speech by a public employee must be regarding a matter of public concern.White Plains Towing Corp. v. Patterson, 991 F.2d 1049, 1058 (2d Cir. . 56; Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). We do not accept defendants' position. As you are aware, the District does not have any remaining emergency days for the 2022-23 school year. The first specific incident of speech alleged is the November 7, 2001, letter to the School Board. See id. How much do Averill Park Central School District employees make? First Amendment Rights of Public Employees. Plaintiff's claims involve personal conflicts between himself and the defendants involving his duties and responsibilities as Athletic Director for the school district. By working together in a collegial environment, our mission is more than just words, it is what makes Averill Park a special place for students. This appeal gives added credence to the ancient adage that the bearer of bad news has a losing office.1 Such is literally true in this case if plaintiff's allegations are accepted. As for the press conference, its form is plainly public, with Cioffi's remarks specifically directed to the community and the media. Such review further convinces us that his speech addresses matters of public concern. P. 28(a)(5), (9) (setting forth what appellant must include in his briefing); Thomas v. Roach, 165 F.3d 137, 145-46 (2d Cir.1999) (refusing to consider argument raised for the first time in appellant's reply brief). The truth of his statements, especially on summary judgment, does not bear on whether the speech is personal or public. B. Media scrutiny and greater public interest in the hazing escalated in December 2001 when the public learned the details of the tea-bagging-specifically when the hazing victim filed a criminal complaint on December 1, 2001. Defendants move for summary judgment pursuant to Fed.R.Civ.P. Kenneth Jones - January 18, 2023 In response to the shocking news of Peter J. Bertram's unlawful actions, the Averill Park school district has swiftly taken action, placing the high school science teacher on administrative leave pending the results of the investigation. 1684. Averill Park Central School District Combining the qualities of a rural suburban setting with the added benefit of a strong and vibrant community, the Averill Park Central School District is committed to educating the whole child in a fiscally responsible manner. See Brown v. Massena Memorial, No. A Hubbard Broadcasting Company. Indus. along with Vinny Imperati. Police say Bertram has been placed on administrative leave. 56. (Skip Dickstein/ Times Union). 2891, 97 L.Ed.2d 315 (1987). "To our knowledge, at no time were district students involved, were any students in any danger, and no actions took place on school grounds or using district facilities or equipment," the district said in a prepared statement. Shes asking those who are quick to make inconsiderate comments on social media to understand just how anxiety-inducing this situation is for teachers, too. RELATED: Who Are The Jackass Stars Married To? 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