Nov. 9, 2022 minutes (special meeting)

The Special Board of Education Meeting was called to order at 6 p.m. at the Herkimer Middle-High School Library Media Center by President Crandall and the Pledge of Allegiance was said.

President Crandall explained that the Board of Education welcomes public comment and community input at meetings. However, we caution that we are not authorized to engage in conversations pertaining to individual students, faculty, staff, or administrators. Topics of this nature may only be discussed during executive session and must be coordinated with the Superintendent of Schools prior to a BOE meeting.

Public Comment:

The Board of Education heard no comments from the public.

Approval of the Agenda:

Mr. Lamanna moved, and Mr. Petucci seconded a motion to formally approve the consent agenda. All voted in favor; motion carried 7:0.

Business Reports:

Interim Administrator Agreement:

Mr. Lamanna moved, and Ms. Fischer seconded the following Board resolution:

“RESOLVED that the Board of Education of the Herkimer Central School District approves the contract between Ms. Karen Mettler and the District, and authorizes the President of the Board of Education to sign the agreement, and further

RESOLVED that the Board appoints Ms. Mettler as Interim Part-Time Business Manager/Treasurer effective November 9, 2022, through June 30, 2023, all in accordance with the terms of the above approved contract”.

A brief discussion followed. All voted in favor; motion carried 7:0.

District Financial Access:

Mr. Petucci moved, and Ms. Fischer seconded to approve the following Board resolution:

“BE IT RESOLVED, that the Herkimer Board of Education does hereby appoint Kathleen Carney, Superintendent of Schools, and Karen Mettler, Interim Business Manager/Treasurer, to be added to all Herkimer Central School District’s bank accounts”.

A discussion followed. All voted in favor; motion carried 7:0.

Superintendent’s Reports:

JUUL Labs Resolution:

Mr. Lamanna moved, and Ms. Fischer seconded the following Board resolution:

WHEREAS, the use and abuse of e-cigarettes and vaping devices has increased dramatically among high school and middle school students in recent years, leading to significant risks of addiction, potentially life threatening respiratory ailments, and other health consequences; and

WHEREAS, the use of e-cigarettes and vaping devices by students has caused the Herkimer Central School District (the “School District”) to incur costs in the form of staff time, disciplinary proceedings, and other costs, with the expectation that these costs will only increase unless and until student use of these devices decreases; and

WHEREAS, the School District’s Board of Education (the “Board”) has been invited to join a nation-wide lawsuit by school districts against Juul Labs, Inc. the largest seller of e-cigarettes in the United States and other parties responsible for the production, marketing, sale and distribution of e-cigarettes and vaping devices; and

WHEREAS, the Board wishes to join this lawsuit to discourage the proliferation of e-cigarettes, end the marketing of e-cigarettes to children, and seek compensation for harm caused to the District due to e-cigarette use.

NOW, THEREFORE, BE IT RESOLVED, the Board of Education hereby resolves:

1. To appoint the law firms of Ferrara Fiorenza PC, and the Frantz Law Group, APLC and approve the agreement to provide legal services in connection with pursuing claims for damages against Juul Labs, Inc. and others consistent with the recitals above;
2. To authorize the Superintendent to take all steps necessary for the District to become an active co-plaintiff to pending litigation filed on behalf of school districts Nationwide by the Frantz Law Group against Juul Labs, Inc. and others.

A discussion followed. Motion carried 6:1:0 (Approved: Mr. Crandall, Mr. Mihevc, Mr. Lamanna, Ms. Gilbert, Mr. Verenich and Ms. Fischer; Opposed: Mr. Petucci; Abstained: None)

Adjournment:

On a motion made by Ms. Gilbert and seconded by Mr. Lamanna the BOE adjourned the public meeting at 6:31 p.m. All voted in favor 7:0.