Jun. 2—If Scranton school directors attempt to extend contracts, including that of the superintendent, two candidates threaten legal action.
Attorney Frank Tunis, representing Tom Borthwick and Robert J. Casey, sent a letter to current directors and Superintendent Melissa McTiernan on Friday. The correspondence serves as "formal written notice" of the candidates' opposition to contracts that could "hamper or bind" the successor board, especially the extension of contracts that do not expire until 2024.
Borthwick and Casey won both Democratic and Republican nominations to the board last month. If successful in the Nov. 7 general election, the men would join the board in December. Three incumbents — Carol Cleary, Sarah Cruz and Ro Hume — did not secure nominations.
"If we're going to be on the board the next four years, we don't want to be saddled with their decisions," Casey said.
Borthwick and Casey said they do not want the board to extend the superintendent's contract, which expires in June 2024, before having a say. Casey said he has concerns about McTiernan's current contract, which allows her to receive health benefits until she becomes eligible for government-provided coverage.
The candidates also want to ensure the board does not enter into any contracts related to school closures.
On Monday, the board will vote on hiring McKissick Associates of Harrisburg to conduct a boundary study and provide recommendations for possible school closures. For now, directors are scheduled to vote in November on what recommendation to follow.
"I want my voice heard about school closures," Borthwick said. "One of the reasons I did well in the primary (is because) ... people don't want to see their neighborhood schools close. They don't want dead buildings in their neighborhoods."
In his letter, Tunis cites case law that found government bodies cannot bind their successors, including a 2000 state Supreme Court case — Lobolito Inc. vs. North Pocono School District — that established a school board can disavow an agreement made by a previous board.
"We want to put them on notice," Casey said. "The decisions they're making now are our problems in December."
District solicitor John Freund said Tunis cites a well-known principle of municipal law regarding the ability of successor governing bodies to revoke, rescind or cancel actions of previous governing bodies based on whether the actions are considered proprietary or governmental in nature. But, "the letter completely misses the significant exception for actions specifically governed by the school code," he said.