Tuesday, August 18, 2009

Judge rules against Trinity injunction

By Dawn Goodman
Staff writer
dgoodman@observer-reporter.com
Washington County Judge Paul Pozonsky denied a request this week to stop a majority of Trinity School Board members from approving early-bird employee contracts that are not up until at least the summer of 2010.
Four current board members and four presumptive board members filed for the injunction, saying that the sitting board should not make decisions about the early-bird contracts that tie the hands of the new board.
Pozonsky disagreed in his ruling, saying that they did not show immediate and irreparable harm, “given that the incoming board of directors will have the opportunity to review or rescind any early-bird employee contracts enacted by the current board.”
Scott Day, who won both party nominations in the primary and, barring any write-in challenges, should be elected in November, said he was disappointed. However, he said he expected it because that’s what Pozonsky said in court two weeks ago when he ruled against a preliminary injunction. During the hearing, Pozonsky asked for both sides to file legal briefs so he could make this week’s decision.
“It’s still a shot we had to take,” Day said.
Day said he’s concerned Trinity will face legal challenges if it rescinds any contracts. He said any of the approved contracts will have to be reviewed to determine if it’s something the district can afford.
“It just something that we’re going to have to wait and see,” he said.
Day, Tamara L. Salvatori, Colleen Interval and Sandra S. Clutter are the four presumptive board members who supported the injunction. All four won both party nominations in the primary. If they win in November, they will be seated in December.
Board members Tom Bodnovich, William Clemens, Jack Keisling and Dennis McWreath are the four sitting board members who support the injunction.
Bodnovich said Tuesday that nine contracts likely will be up for approval at Thursday night’s meeting. That doesn’t mean they will stay in effect if they are approved, he said.
“We are going to revisit all of it,” Bodnovich said about the new board.
In May, board President Sam Puglisi and directors Jennifer Fetcko and Jeffrey Miller lost re-election bids. James Knapp and Gerald Chambers are the other two members of the sitting board. All five were named as defendants in the legal action. Puglisi could not be reached for comment Tuesday.

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