A notice of appeal sent Thursday by the Jordan-Elbridge Central School District Board of Education's lawyer Frank Miller may keep fired district treasurer Anthony Scro out of work for months.
Last Thursday, state Supreme Court Judge Donald Greenwood ordered the board to reinstate Scro immediately. Scro's law firm, O'Hara, O'Connell & Ciotoli, sued the district after Scro was fired in September. The board argued Scro was fired for failing to timely file his oath of office for his one-year appointed position.
Dominic D'Imperio, a lawyer with the O'Hara firm, said the board still would not allow Scro to return to work Wednesday, and sent Miller a letter saying he would file a petition to have the board found in contempt of court. Hours after D'Imperio sent the letter, Miller shot back the notice of appeal.
Miller said he sent the notice without board approval because, as of the board's private consultation with him Tuesday, board members had not yet made a decision whether or not to appeal.
"Under my authority... as a general council of the board, I feel it needed to be done to protect the rights and interests of the Jordan-Elbridge Central School District," Miller said. "There's been no specific approval by the board."
Miller explained the board can decide at its next meeting, to be held Wednesday, Feb. 2, whether or not to approve the appeal. He said Larry Zacher, interim superintendent, had agreed to put the item on the night's agenda.
D'Imperio is concerned about the implications of the notice of appeal, although he acknowledged the board has a right to appeal.
"The notice of appeal is important because it stays enforcement of the underlying order," D'Imperio said.
This means Scro cannot return to work yet, and he may not be able to return for months, as the case will now start its journey through state Appellate Court.
"This certainly smacks of another attempt by the board to delay," D'Imperio said.
Scro was disheartened by the notice.
"I'm extremely disappointed the district has chosen to follow this course of action," he said.
Check back here for updates later and see Saturday's edition of The Citizen for the complete story.