At last week's school board meeting Mary Cedeno continued her fight to bring ethical practices and legality to the library vote. She presented the following letter to the school board:
To All Board of Education Members:
Given that the Library Tax vote of June 7th, 2011 was neither legal, nor ethical, the residents of the District request that the Board exercise their legal right per Section 2007 of the NY State Education Law, and duty to the District, and take up the REPEAL of the tax at the next annual budget, or sooner. According to the facts as we have determined:
1. The Board passed a Resolution on Dec. 9, 2010 to hold a special election for the Library. By law, the District, as the taxing authority, was to give the public notice and run the election. Yet, you did not give notice or run the election. This is effectively a dereliction of your duties.
2. By Law, the School District is required to mail the annual budget information to residents. The Special Vote was to be held the same as the annual budget…yet residents received no mail notifications.
3. You, School Board members, knew that “no one knew” about the vote. Yet you did nothing to notify us. Our constitutional right to vote was violated by your actions! This is extremely unethical in principal, and a violation of your own Ethics rules.
4. There is proof that the law was broken when you allowed the Library to run a District election. This resulted in an illegal tax to the District residents.
It is your duty to the District residents to act on behalf of the taxpayers, as our representative, to assure that we are not “taxed without representation”. You are our representatives in this situation.
It was clear that the Library had motive for keeping the vote quiet. They knew the support of Gasport would be crucial for their vote, but because of their failure to gain Gasport’s support in the past for a playground in Middleport, they chose to leave Gasport out of the election by not giving proper notice and not conducting an educational campaign. A notice to “Middleport Free Library” is not a notice to Royalton Hartland School District Residents! In fact, the Library’s highly unethical behavior has effectively created an atmosphere where the community no longer views them in a positive light.
In fact, per Section 2010 of the Education law, these deceitful actions alone make this an illegal tax..
§ 2010. Effect of want of due notice of district meetings. The proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent.
Residents of the District have been disappointed in the events leading up to the Library Tax vote, and even more disappointed afterward by the failure of the BOE to act on this injustice in our community.
We encourage you to regain the trust of your community and do what is right, and legal. A repeal of the Library Tax on the next ballot is the only way to give voters in the district a true chance to have their voices heard. It is your right and your duty.
Sincerely,
Mary Cedeño
To All Board of Education Members:
Given that the Library Tax vote of June 7th, 2011 was neither legal, nor ethical, the residents of the District request that the Board exercise their legal right per Section 2007 of the NY State Education Law, and duty to the District, and take up the REPEAL of the tax at the next annual budget, or sooner. According to the facts as we have determined:
1. The Board passed a Resolution on Dec. 9, 2010 to hold a special election for the Library. By law, the District, as the taxing authority, was to give the public notice and run the election. Yet, you did not give notice or run the election. This is effectively a dereliction of your duties.
2. By Law, the School District is required to mail the annual budget information to residents. The Special Vote was to be held the same as the annual budget…yet residents received no mail notifications.
3. You, School Board members, knew that “no one knew” about the vote. Yet you did nothing to notify us. Our constitutional right to vote was violated by your actions! This is extremely unethical in principal, and a violation of your own Ethics rules.
4. There is proof that the law was broken when you allowed the Library to run a District election. This resulted in an illegal tax to the District residents.
It is your duty to the District residents to act on behalf of the taxpayers, as our representative, to assure that we are not “taxed without representation”. You are our representatives in this situation.
It was clear that the Library had motive for keeping the vote quiet. They knew the support of Gasport would be crucial for their vote, but because of their failure to gain Gasport’s support in the past for a playground in Middleport, they chose to leave Gasport out of the election by not giving proper notice and not conducting an educational campaign. A notice to “Middleport Free Library” is not a notice to Royalton Hartland School District Residents! In fact, the Library’s highly unethical behavior has effectively created an atmosphere where the community no longer views them in a positive light.
In fact, per Section 2010 of the Education law, these deceitful actions alone make this an illegal tax..
§ 2010. Effect of want of due notice of district meetings. The proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent.
Residents of the District have been disappointed in the events leading up to the Library Tax vote, and even more disappointed afterward by the failure of the BOE to act on this injustice in our community.
We encourage you to regain the trust of your community and do what is right, and legal. A repeal of the Library Tax on the next ballot is the only way to give voters in the district a true chance to have their voices heard. It is your right and your duty.
Sincerely,
Mary Cedeño
