In the Matter of FRED WEISSKOPF, LINDA ... - TownNews.com

STATE OF NEW YORK 

. SUPREME COURT: 

In the Matter of 

COUNTY OF ONONDAGA 

FRED WEISSKOPF, LINDA WEISSKOPF, CHERYL 

LIPTAK, CHARLES CARTER, JR., WALTER HUBBS, 

ROCHELLE HUBBS, MAUREEN J. DOYLE, MICHAEL 

J. DOYLE, and DENNIS PELMEAR, 

v. 

Petitioners, 

THE BOARD OF EDUCATION OF THE JORDAN· 

ELBRIDGE CENTRAL SCHOOL DISTRICT, and 

MARILYN J. DOMINICK, Superintendent of Schools of 

The Jordan-Elbridge Central School District, and 

WILLIAM SPECK, as the prospective Interim 

Superintendent of the Jordan-Elbridge Central School 

District, 

Respondents, 

for relief pursuant to Civil Practice Laws and Rules, Article 

78 and Declaratory Judgment pursuant to CPLR § 3001. 

STATE OF NEW YORK ) 

COUNTY OF ONONDAGA) :ss 

I, NOEL HOTCHKISS, being duly sworn, depose and say: 

AFFIDAVIT OF NOEL 

HOTCHKISS 

Index No.: 2010-6292 

RJI No.: 33-10-5038 

1. I am an resident of Onondaga County. I make this Affidavit in support of a 

motion to disqualify Dennis O'Hara and his law firm as counsel to the Petitioners herein. I also 

make this Affidavit in opposition to the Petition filed by Fred Weisskopf and others against the 

Jardan-Elbridge Central School District. 

2. I was a member of the Board of Education of the Jordan-Elbridge Central School 

District from July 1, 2001 until June 30, 2009. 

1 

THE LAw FIRM OF FRANK W. M!LLI:R 

65751Grkville Road, East Syracuse, New York 13057

3. Prior to that time, I served the Jordan-Elbridge Central School District as a 

teacher, having been employed there beginning in January 1965. Thereafter, I became an 

assistant principal at the high school. I later became the high school principal and served in that 

position for 22 years, until my retirement in February 1998. 

4. In the spring of 2001, I was elected to the Board of Education of the Jordan- 

Elbridge Central School District and served until I retired from that position in June 2009. 

5. During a portion of that time and specifically in April 2005, I served as President 

of the Board of Education. 

6. As principal of the high school for the Jordan-Elbridge Central School District, I 

often consulted with the School District attorneys. \Vhile I was principal at the high school, our 

attorney was Dennis G. O'Hara of the Law Firm of O'Hara and O'Connell, as it was known at 

that time. 

7. I am aware, from my personal observations, that Mr. O'Hara represented the 

District in numerous legal matters over the years. I believe he began representing the School 

District sometime in the late 1980s and continued until his services were discontinued by the 

School District in April 2005. 

8. When 1 joined the Board of Education on July 1,2001, Mr. O'Hara and his firm 

served as general counsel for the Jordan-Elbridge Central School District until June 2004. At that 

time, the District began utilizing the services of Ferraro, Fiorenza, Barrrett & Reitz, Mevec & 

Cognetti, as well as the O'Hara Law Firm. 

9. From 2001 through 2004, Mr. O'Hara represented the Jordan-Elbridge Central 

School District in connection with the negotiation and renegotiation of employment contracts 

involving our then -Superintendent Marilyn J. Dominick. For example, in September 2002, a 

2 

TilE LAw FIRM OF FJw,'K W. M!I.llR 

65751Grkville Road, East Syracuse, New York 13057

contract was written, providing for the extension of the contract between the Jordan-Elbridge 

Central School District and Marilyn Dominick. I am reliably informed that this extension was 

prepared under the supervision of Attorney O'Hara. A copy of that 2002 extension is attached 

hereto as Exhibit A. 

10. In June 2003, the contract of Ms. Dominick was extended again by agreement. 

Attached as Exhibit B are copies of the Board resolution and agreement, extending Ms. 

Dominick's employment. Again, our school attorney was Dennis O'Hara. It is my recollection 

that the agreement was prepared by Mr. O'Hara in consultation with the Board of Education. 

11. The contract was extended the following year, in July 2004. Again, the Board of 

Education consulted Mr. O'Hara in February 2004, when the contract was further extended. A 

copy of that Board resolution is attached as Exhibit C. 

12. Ms. Dominick's contract was adjusted again in July 2004, to provide for a salary 

increase (see Exhibit D, attached). Mr. O'Hara was our legal counsel and was consulted with 

regard to the adjustment in salary and the amendment to Ms. Dominick's contract. 

13. Mr. O'Hara remained as our primary attorney on most legal matters until 2004 

and in many legal matters until discharged from that position in April 2005. A copy of my letter 

to Mr. O'Hara, dismissing him from the position of school counsel, is attached hereto as Exhibit 

E. 

14. I wish to state that throughout this period of time, from when I began serving on 

the Board of Education in July 2001 up to 2004, Mr. O'Hara was the primary attorney from 

which the Board of Education received legal advice and counsel. Although after 2003, the 

School District approved the services of other attorneys, including Benjamin Ferrara of the Law 

Firm of Ferrara, Fiorenza, Barrrett & Reitz, and Danny Mevec (in 2004), as legal counsel, Mr. 

3 

THE LAw FIRM OF FRANK W. Mll1.£R 

6575 Kirkville Road, East Syracuse, New York 13057

EXHIBIT A

EXHIBITB

At a Regular Meeting of the Board ofEducation ofthe Jordan Elbridge Central School 

District, Onondaga County, New York, held at the Middle School Large Instruction Room 

located at Chappell Street, Jordan, New York at 7:00 PM on June 18,2003. 

The meeting was called to order by President Cathy Meixner, and upon roll being called, 

the following were: 

PRESENT: 

Chilson 

Filkins 

Gasparek 

Gleason 

Hotchkiss 

Yes Meixner 

Yes O'Brien 

Yes Patrick 

Yes Pieklik 

Yes 

Yes 

Yes 

Yes 

Yes 

The following resolution was offered by Mrs. Chilson, who moved its adoption, seconded 

by Mr. Patrick, to wit: 

WHEREAS, the Board and the Superintendent ofSchools, Mmilyn J. Dominick (the 

"Superintendent"), entered into an Employment Abrreement on January 24,2000 (the 

"Agreement"), pursuant to which Ms. Dominick was appointed as the chief executive officer of 

the District; and 

WHEREAS, the Superintendent's telm ofemployment is to continue through January 

31, 2006, unless fmiher extended; and 

\VHEREAS, the Board and the Supe1intendent have agreed upon further revisions to the 

Agreement as set f011h below, and the Board wishes to authorize said changes by resolution. 

Section 1. The Board hereby authorizes paragraph "7(a)" of the Agreement to be amended to 

read as follows: 

(a) 

Section 2. 

Section 3. 

The Superintendent's base salary for the period from July 1,2003 to June 30, 

2004 shall be at the annual rate 0£$106,863.00 thousand and 00/100 dollars 

($106,863.00), to be paid in equal installments in accordance with the mles ofthe 

Board goveming salary payment to other District administrative employees. 

Theremaining·tenns··andconditionsofthcAgreementas·amendedbyaction of··· 

the Board are hereby reaffinned and will remain in full force and effect. 

This resolution shall take effect immediately. 

The question ofthe adoption ofthe foregoing resolution was duly put to a vote on roll call, 

which resulted as follows: 

Chilson Yes Meixner Yes 

Filkins Yes O'Brien Yes 

Gasparek Yes Patrick Yes 

Gleason Yes Pieklik Yes 

Hotchkiss Yes 

This resolution was thereupon declared duly adopted.

At a Regular meeting of the Board of Education of the Jordan Elbridge Central 

School District, Onondaga County, New York, held at the Middle School Large 

Instruction Room located at Chappell Street, Jordan, New York at 7:00 p. m. on March 

5, 2003. 

The meeting was called to order by President Cathy Meixner, and upon roll 

being called, the following were: 

PRESENT: 

Sandy Chilson 

Timothy Filkins 

Michael Gasparek 

David Gleason 

Noel Hotchkiss 

Cathy Meixner 

Erica O'Brien 

ABSENT: 

Joseph Patrick - arrived at 7:20 PM 

Jeanne Pieklik 

Upon the recommendation of the Superintendent of Schools, the following 

resolution was offered by ....... I....,..os ....e;;:.rp"'-'b............. p""-'.

WHEREAS, the term of the Agreement was extended for an additional one-year 

period on March 1, 2001 and again on March 1, 2002 by virtue of the provisions of 

paragraph 3(b) of the Agreement; and 

WHEREAS, the Board has considered further extending the term of the 

Superintendent's employment. 

NOW, THEREFORE, be it resolved as follows: 

Section 1. The Board hereby extends the term of the Superintendent's 

employment for an additional one-year period through January 31, 2006. 

Section 2. The remaining terms and conditions of the Agreement as 

amended by action of the Board taken on March 26, 2001, June 11, 2001 and 

September 4, 2002, are reaffirmed and will remain in full force and effect. 

Section 3. This resolution shall take effect immediately. 

The question of the adoption of the foregoing resolution was duly put to a vote on 

roll call, which resulted as follows: 

Sandy Chilson 



David Gleason 


Cathy Meixner 

Erica 0'Brien 

Joseph Patrick 


Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Yes 

Yes 

Yes 

Yes 

No 

Yes 

Yes 

Yes 

No 

The resolution was thereupon declared duly adopted. 7-2-0.



) 

) ss.: 

CERTIFICATION 

I, Nelson Wellspeak, Interim School District Clerk of the Jordan Elbridge 

Central School District, Onondaga County, New York, DO HEREBY CERTIFY: 

That I have compared the foregoing resolution of the Board of Education of the 

Jordan Elbridge Central School District, adopted March 5, 2003, with the original 

thereof on fHe in my office, and the same is a true and correct copy of said original 

and of the whole of said original so far as the same relates to the subject matters 

therein referred to, and that alt members of the Board of Education of said School 

District had due notice of said meeting. 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the 

Jordan Elbridge Central School District this ..2..th.. day of March, 2003. 

(SEAL) 

Nelson Wellspeak 

Interim School District Clerk

WHEREAS, the term of the Agreement was extended for an additional one-year 

period on March 1, 2001 and again on March 1, 2002 by virtue of the provisions of 

paragraph 3(b) of the Agreement; and 

WHEREAS, the Board has considered further extending the term of the 

Superintendent's employment. 

NOW, THEREFORE, be it resolved as follows: 

Section 1. The Board hereby extends the term of the Superintendent's 

employment for an additional one-year period through January 31, 2006. 

Section 2. The remaining terms and conditions of the Agreement as 

amended by action of the Board taken on March 26, 2001, June 11, 2001 and 

September 4, 2002, are reaffirmed and will remain in full force and effect. 

Section 3. This resolution shall take effect immediately. 

The question of the adoption of the foregoing resolution was duly put to a vote on 

roU caU, which resuLted as follows: 

Sandy Chilson 



David Gleason 


Cathy Meixner 

Erica 0'Brien 

Joseph Patrick 


Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Voting 

Yes 

Yes 

Yes 

Yes 

No 

Yes 

Yes 

Yes 

The resolution was thereupon declared duly adopted. 7-2-0. 

No



) 

} 55.: 

CERTIFICATION 

I, Nelson WeU5peak, Interim School District Clerk of the Jordan Elbridge 

Central School District, Onondaga County, New York, DO HEREBY CERTIFY: 

That I have compared the foregoing resolution of the Board of Education of the 

Jordan Elbridge Central School District, adopted March 5, 2003, with the original 

thereof on file in my office, and the same is a true and correct copy of said original 

and of the whole of said original so far as the same relates to the subject matters 

therein referred to, and that all members of the Board of Education of said School 

District had due notice of said meeting. 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the 

Jordan Elbridge Central School District this ...2t.h. day of March, 2003. 

(SEAL) 

Nelson Wellspeak 

Interim School District Clerk

Mrs. Marilyn J. Dominick 

Distlict Office 

Dear Mrs. Dominick: 

JORDAN ELBRIDGE CENTRAL SCHOOL DISTRICT 

DISTRICT OFFICES 

P.O. BOX 902. CHAPPELL STREET. JORDAN, NEW YORK 13080 

315-689-3978 .. Fax 315-689-0084 

June 19,2003 

This is to inform you that at the regular meeting of the IE Board of Education Meeting 

held Wednesday, June 18, 2003, the Board approved the following amendments of your 

contract as Superintendent ofSchools: 

"VHEREAS, the Superintendent's term ofemployment is to continue through 

January 31,2006, unless further extended; and 

WHEREAS, the Board and the Superintendent have agreed upon further 

revisions to the Agreement as set forth below, and the Board wishes to authorize said 

changes by resolution. 

Section 1. The Board hereby authorizes paragraph "7(a)" of the Agreement to be 

amended to read as follows: 

WEH:jmb 

Ene. 

(a) The Superintendent's base salary for the period from July 1,2003 to June 

30,2004 shall be at the annual rate of$106,863.00 thousand and 001100 

dollars ($106,863.00), to be paid in equal installments in accordance with 

the rules ofthe Board governing salary payment to other District 

administrative employees. 

(b) The remaining terms and conditions of the Agreement as amended by 

action of the Board are hereby reaffirmed and will remain in full force and 

effect. 

Keep up the good work! 

Willi . Hamilton 

Asst. Superintendent for FinancelBusiness 

I

AMENDMENT TO EMPLOYMENT AGREEMENT 

AGREEMENT, dated as of June 25, 2003 by and between THE BOARD OF 

EDUCATION (the "Board") of the JORDAN-ELBRIDGE CENTRAL SCHOOL 

DISTRICT, with administrative offices at Chappell Street, Jordan, New York 

13080 (the ttDistrict") and MARILYN J. DOMINICK, (the tfSuperintendent"). 

RECITALS 

WHEREAS, the Board and the Superintendent have entered into an 

Employment Agreement as of January 24, 2000 (the ttAgreement"), pursuant to 

which the Superintendent is currently employed as the chief executive officer 

of the District; and 

WHEREAS, the Superintendent's term of employment has been extended 

through January 31, 2006; and 

WHEREAS, the parties are entering into this agreement in order to 

confirm certain modifications and amendments to the Agreement. 

NOW J THEREFORE, in consideration of the mutual promises hereinafter 

set forth, and other good and valuable consideration, the parties agree as 

follows: 

1. Paragraph Ill" of the Agreement is amended to read as follows: 

7. Compensation. The salary for the Superintendent of 

Schools for the school year commencing July 1, 2003 and 

ending June 30, 2004, shall be One Hundred and Six

follows: 

follows: 

Thousand Eight Hundred Sixty-three Dollars ($106,863.00). 

Such salary shall be paid in equal installments in 

accordance with the policy of the Board governing 

payments of other professional staff members in the 

District. 

2. Paragraph rr1 O(d)" of the Agreement is amended to provide as 

(d) Vacation Leave. The Superintendent shall be credited with 

thirteen (13) days vacation leave upon commencement of 

her employment with the District. As of June 30, 2000 and 

every June 30th thereafter during her employment by the 

District, the Superintendent shall be credited with an 

additional twenty-five (25) days of vacation leave. The 

Superintendent shall be entitled to accumulate up to a 

maximum of ten (10) days of unused vacation leave during 

the period of her employment with the District, which may 

be carried over and used during any subsequent year of 

employment. In addition, the Superintendent may sell 

back up to five (5) days of unused vacation during any 

school year and the District shall compensate the 

Superintendent for such days at the rate of 11240th of her 

then current annual salary for each day. In the event the 

Superintendent terminates her employment with the 

District and retires with the New York State Teacher's 

Retirement System, she shall be paid at the rate of 1/240th 

of her then current annual salary for each day of unused 

accumulated vacation leave. No payment for unused 

accumulated vacation days shall be made in the event the 

Superintendent leaves the District to accept other 

employment. The Superintendent shall notify the Board 

President whenever the Superintendent anticipates that 

she wilt be out of the District for more than a three (3) 

consecutive day period, a.nd may not take vacation days in 

the month of June without the consent of the Board 

President. 

3. Paragraph rr12" of the Agreement is amended to provide as 

12. Transportation. The Superintendent shalt be reimbursed 

for mileage for the business use of her personal automobile

EXHIBIT C

• 


Superintendent ofSchools 

District Office 


JORD"", • aLBRIDGE CENTRAl. SCHOOL DISTRICT 

DISTRICT OFFICES 

P.O. BOX 902, CHAPPELL STREET, JORDAN. NEW YORK 13080 

315-689-3978 • Fax 315-689...()()84 

February 26, 2004 

This is to infonn you that at the regular meeting of the JE Board of Education Meeting 

held Wednesday, February 25, 2004, the Board approved the extension of your contract through 

January 31, 2007. 

WEH:jmb

EXHIBITD

William E. Hamilton 

Assistant Superintendent 

Business & Finance 


District Office 


JORDAN ELBRIDGE CENTRAL SC HOOL DISTRICT 

DISTRICT OFFICE 

9 Chappell Street, P.O. Box 902, Jordan, NY 13080 

bhamilton@jecsd.org • 315-689-3978 • Fax 315--689-0084 

July 2,2004 

This is to inform you that at the Organizational/Regular Meeting of the J-E Board 

of Education Meeting held Thursday, July 1, 2004, the Board agreed on the following 

salary increase for the 2004-2005 school year as Superintendent ofSchools: 

$110,870.00 (3.75% of2003-2004 salary - $106,863.00) 

Enclosed please find a salary notice for your signature. Please return the 

appropriate copies to the District Office by July 9, 2004. 

WEH:jmb 

Ene. 

Cc: Payroll 

/' 

/ illiam E. Hamilton 

/ School District Clerk 

l.

EXHIBITE

In the Matter of FRED WEISSKOPF, LINDA ... - TownNews.com

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