By Brian Massie, A Watchman on the Wall
We have published many articles on the feud between Auburn Career Center and their teachers’ union known at CATA. Auburn’s Superintendent, Dr. Brian Bontempo, and their Board of Education members have continued to waste taxpayers’ money on legal fees for twelve years.
Former Board member, Mr. Paul Stefanko, showing himself to be a man of honor and integrity, resigned from the Board because Auburn’s administration would not definitively tell him how much Auburn had spent on legal fees because they did not want to create a public record. Transparency is not a strong suit for Auburn’s administration and remaining Board members.
The court originally made the following ruling in favor of CATA:
“Based on the evidence, the courts awards judgment to Career Tech and against Auburn in the sum of $1,486,045.78 (on behalf of and to be distributed to each member enumerated in Exhibit A, [the exhibit listing the members, the amount to which they are entitled, and an amount each should receive after contributions to STRS.]”
The 11th Circuit Court of Appeals has just issued three more rulings on Auburn’s latest ill-fated, “hail Mary” legal attempts to avoid paying the pension benefits to the teachers in addition to the $1.4 million in retroactive pay.
Here are Judge Eugene Lucci’s rulings:
“The Board is advised and urged that, when seeking this court’s consideration of a post-appeal pleading, that it must provide a foundation for its claims. Without some basis, the application or, in this case “motion” is de facto frivolous.”
“This matter has been lingering for too long. Despite the Board’s dissatisfaction, the issues in this litigation have been fully and finally resolved. The Supreme Court of Ohio has declined jurisdiction over the Board’s attempt at a discretionary appeal and there is nothing in the record or in the law to support the instant “motion”.
“The Board’s “motion” is overruled.”
Presiding Judge Eugene A. Lucci
“Again, the Board advances the same red-herring as it asserts above; namely, that the stipulations at issue were agreements relating to legal conclusions. The stipulations were factual in nature and not legal. Moreover, they were jointly entered and therefore the parties are bound by the same. And, significantly, as noted above under the certification of-a-conflict analysis, the Board could have, but did not make this argument on direct appeal from Career & Technical Assoc., 2022-OHio-2737. This issue is asl res judicata.“
“The Board’s motion for reconsideration is therefore overruled.”
“As emphasized in previous judgements, this matter has been lingering for too long. Despite the Board’s dissatisfaction, the issues in this litigation have been fully and finally resolved. The Supreme Court of Ohio has declined jurisdiction over the Board’s attempt at a discretionary appeal and there is nothing in the record or in the law to support the filings adjudicated in this judgement entry.”
Presiding Judge Eugene A. Lucci
“As demonstrated by the above-quoted passage from our underlying opinion, the nunc pro tunc entry was proper. It did not change the substance of the original entry and did not impose additional obligations on the parties or afford the parties any additional rights.”
“We accordingly decline to grant en banc consideration and further decline to certify a conflict with the Supreme Court of Ohio. Finally, to the extent the two filings at issue request reconsideration of the underlying matter, such a request is overruled.”
“For the reasons discussed in this judgement, the Board’s motions/application are overruled.”
“Additionally, in light of this judgement, all pending motions are overruled.”
Presiding Judge Eugene A. Lucci
Allow us to recap Judge Lucci’s rulings:
- These are frivolous motions.
- Red herrings are not allowed in court.
- This matter has been lingering far too long. (12 years)
- The issues in this litigation have been fully and finally resolved.
- The Auburn Board is overruled, overruled and overruled.
We are calling for the resignation of Dr. Brian Bontempo, Sherry Williamson, Treasurer, and the entire Board for gross malfeasance in the performance of their duties, and wasting taxpayers’ property taxes.
The entire Board represents “taxation without representation” because the citizens did not elect any Board member to represent their interests. All Board members are appointed. We are judging them on their fruits, and from what we have witnessed the fruit is rotten to the core.
Categories: Community Activism, Lake County - General