STATE OF NEW YORK

STATE EDUCATION DEPARTMENT

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JOHN SICIGNANO,
Petitioner,
-against- VERIFIED PETITION
WITH REQUEST FOR
BOARD OF TRUSTEES OF THE MASTIC STAY
MORICHES SHIRLEY COMMUNITY LIBRARY,
KERRI ROSALIA, LIBRARY DIRECTOR, and
BOARD of EDUCATION OF THE WILLIAM FLOYD Appeal No. ____________
UNION FREE SCHOOL DISTRICT,
Respondents
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TO: THE COMMISSIONER OF EDUCATION

OF THE STATE OF NEW YORK

Petitioner John Sicignano, by his attorney Raymond G. Keenan, as and for his

Verified Petition, and as set forth in greater detail herein and the attached papers,

respectfully alleges and shows as follows:

1. Respondents have engaged in impermissible advocacy in support of a

bond referendum currently scheduled for February 7, 2018. Exhibit 1.

2. Respondents have purposely disenfranchised voters by improperly

limiting the availability of absentee ballot applications. Exhibit 2.

3. Petitioner seeks an order prohibiting respondent Kerri Rosalia from

exhorting individuals to "raise money" or take other steps in furtherance

of "the vote yes campaign" now and in future votes.

4. Petitioner seeks an order prohibiting respondent Kerri Rosalia from

organizing non-public meetings advocating in favor of the bond

referendum or take similar actions other votes in the future.

5. Petitioner seeks an order prohibiting respondent Kerri Rosalia from

attending non-public meetings advocating in favor of the bond

referendum or take similar actions in other votes in the future.

6. Petitioner seeks a determination that respondents Rosalia and Board of

Trustees acted improperly and illegally in attempting to influence the

February 7, 2018 bond referendum.

7. Petitioner seeks a determination that respondents Board of Education

and Board of Trustees improperly limited the availability of absentee

ballot applications.

8. Petitioner seeks to stay the February 7th referendum until the date of

the Library's annual budget vote and election on April 10, 2018.

9. Petitioner seeks an order requiring respondents to make absentee

ballot applications available during the entire notice period for such re-

scheduled referendum.
 PARTIES

10.Petitioner John Sicignano, President of the Mastic Park Civic Association,

is a taxpayer and resident of the William Floyd Union Free School District

who will be negatively impacted by the large projected tax increase.

11.Respondent Board of Trustees is the governing body of the Mastic

Moriches Shirley Community Library (MMS), a school district public

library chartered in 1974 to serve the William Floyd UFSD.

12.At its current site, MMS is centrally located in a commercial area on a

major road with public transportation.

13.Respondent Kerri Rosalia, appointed as the MMS Library Director,

approximately 10 years ago, performed the complained of acts in her

official role and, therefore, at public expense.

14.Respondent Rosalia is not a resident of the William Floyd Union Free

School District and, upon information and belief, resides elsewhere in

Suffolk County.

15.Respondent Board of Education is the governing body of the William

Floyd Union Free School District, located on the south shore of Long

Island in Suffolk County and encompassing all or parts of Mastic, Mastic

Beach, Shirley, Moriches and Manorville.

 BACKGROUND

16.For approximately four years, MMS has been developing plans to

construct a new library building on a portion of "The Links", a former

golf course without roads or utility connections now owned by the Town

of Brookhaven.

17.In furtherance of its plan, MMS held three "charrettes" to bolster public

support for its plan to build at a specific site at the Links overlooking a

man-made lake.

18.Without formal approval or notice, MMS also formed at least two

committees, Advocacy and Building Design, as part of that effort.

19.In or around February 2016, MMS announced that it was moving ahead

with its plan for a $40 million building, despite little public knowledge of

that plan.

20.Along with another civic leader, I wrote MMS requesting

reconsideration of their costly plan and offering to assist with

broadening community input. Ex. 3.

21.While MMS declined to reconsider its plan, we were successful in

getting several of our civic members to participate in the Advocacy and

Building Design committees.

22.By the Fall of 2016, and after spending over $1.2 million on design,

environmental, pre-construction and other costs, it became clear MMS

could not build on its preferred site at the Links.

23.In or around December 2016, MMS publically announced it was

abandoning its preferred site and would seek another site at the Links.

24.Simultaneously, we were notified that the Advocacy and Building Design

committees, though never formally approved, were being disbanded.

25.I subsequently learned that both the Advocacy and Building Design

committees were re-formed without notice or formal approval on an

invitation-only basis.

26.Civic members were instructed by Library Trustee Wendy Gross not to

attend committee meetings.

27.Plans for the second site, including a new building design and

environmental reviews, were under development during 2017.

28.In or around August 2017, a former bowling alley across the street from

the current Library closed and the 4.5 acre site was put on the market.

29.At its August 2017 regular monthly meeting, MMS was urged to

consider obtaining this site that would allow the Library to remain

centrally located.
30.On September 28, 2017, we wrote MMS to expand its cursory initial

analysis of the bowling alley site. Ex. 4.

31.By letter dated October 19, 2017, MMS declined to further consider the

bowling alley site. Ex. 5.

32.At 3:53 p.m. on Thursday, December 6, 2017, MMS held an

unannounced special meeting attended by three trustees, at which time

the Board of Trustees resolved to direct the Board of Education to

conduct a bond referendum for the purpose of constructing a new

library building at the Links, pursuant to Education Law, Sec. 260 (10),

and also approved a negative SEQRA declaration. Ex. 6.

33.The meeting lasted 10 minutes.

34.As reflected in resolution, the cost of the proposed building would be

$38.5 million, to be funded by $5 million from the MMS capital fund and

$33.5 million from bond proceeds.

35.MMS directed that the bond referendum be held on February 7, 2018,

between the hours of 9 a.m. and 9 p.m., at William Floyd High School.

36.On December 12, 2017, the Board of Education, as mandated by Sec.

260 (10), approved a resolution scheduling the special district meeting

as directed by MMS. Ex. 7.

37.In accordance with Education Law, Sec. 2004, notice of the special

district meeting was first published in the school district's newspapers

of record, Newsday and the Long Island Advance on Thursday,

December 21, 2017.

38.Absentee ballot applications were not made available until January 8,

2018, over two weeks later. See Ex. 2

39.This 18-day lapse is critical since many "snowbirds" leave the area for

the winter in the weeks before the applications were available, a fact

well known to MMS and the school district.

40.The school district had adequate time following its December 12th

resolution to draft and place lengthy legal ads before the deadline for

December 21st publications.

41.The simple absentee ballot applications in contrast are "cut and copy"

documents requiring little time or effort to prepare.

42.There is no legitimate excuse for not making applications available at

either the Library or school district, or posting the form on either entity's

website at an earlier date.

43.The intent of limiting availability of absentee ballot applications, and

result, was to disenfranchise seniors less likely to vote in favor of a $38.5

million library located in a remote location.

44.On January 2, 2018, we wrote respondent Board of Education

concerning potential partisan advocacy and impermissible targeting in

connection with the bond referendum. Ex. 8.

45.By letter dated January 3, 2018, the Board of Education noted our

concerns regarding improper partisan activities and committed to

remind District staff to "operate within all pertinent law and

regulations." Ex. 9.

46.On January 15, 2018, I obtained a copy of an email sent earlier this

month by respondent Rosalia to library trustees, library employees and

other members of an "invite only" group of supporters. See Ex. 1.

47.The email concerns ongoing meetings to "raise money for the vote yes

campaign," "identify[ ] yes voters," and "writ[e] letters to the editor of

the South Shore Press," a local periodical.

48.Indeed, two members of this closed group, Jennifer Sarec and Marissa

Nagri, have had letters in favor of the referendum published in the

 South Shore Press, to which MMS has paid over $34,000 in the last

month alone for advertisements.

49.The recipient list of respondent Rosalia's email include three current

trustees - Wendy Gross, Mario Vigliotta and James Mazzarella

("jmazz64").

50.Respondent Rosalia's email explicitly and unabashedly espouses a

partisan position in favor of the bond referendum and exhorts others in

the private group to spread that message.

51.After reviewing the email on January 15th, we wrote to the school

district concerning perceived targeting and impermissible advocacy in

connection with its special district meeting. Ex. 10.

52.By letter dated January 19, 2018, the school district indicated the

Library's "promotional sign" had been removed from the high school

lobby and suggested our concerns regarding "impermissible partisan

activities of the library director" be addressed to her employer,

respondent Board of Trustees. Ex. 11.

53.Because a majority of such Board of Trustees is aware and actively

participating in respondent Rosalia's impermissible advocacy, resort to

the Board of Trustees would be fruitless.

 AS AND FOR A FIRST CLAIM FOR RELIEF

54.Respondents Rosalia and Board of Trustees are engaging in

impermissible advocacy and/or appear to be engaging in partisan

activity in support of the February 7, 2018 bond referendum.

AS AND FOR A SECOND CLAIM FOR RELIEF

55.Respondents Board of Education and Board of Trustees have improperly

disenfranchised voters by limiting the availability of absentee ballot

applications.

56. Issuance of a stay is necessary to insure that the impact of respondents'

improper advocacy does not taint the bond referendum, to provide the

statutory notice required under Sec. 2004, and to provide adequate

time for absentee ballots applications to be made available.

WHEREFORE, petitioner respectfully requests an order be granted, a determination

be made and a stay issued as follows:

a. Prohibiting respondent Kerri Rosalia from exhorting individuals to "raise

money" or take other steps in furtherance of "the vote yes campaign"

or take similar actions in any future votes and elections.

b. Prohibiting respondent Kerri Rosalia from organizing non-public

meetings advocating in favor of the bond referendum or take similar

actions in any future votes and elections.

c. Prohibiting respondent Kerri Rosalia from attending non-public

meetings advocating in favor of the bond referendum or take similar

actions in any future votes and elections.

d. Determining that respondents Rosalia and Board of Trustees acted

improperly and illegally in attempting to influence the February 7, 2018

bond referendum.

e. Determining that respondents Board of Education and Board of

Trustees improperly limited the availability of absentee ballot

applications.

f. Staying the February 7th referendum until the date of the Library's

annual budget vote and election on April 10, 2018.

g. Requiring respondents to make absentee ballot applications available

during the entire notice period for such re-scheduled referendum.

 h. Granting such other and further relief as the Commissioner deems just,

proper and equitable.

Dated: Shirley, New York

January 22, 2018

Yours, etc.

RAYMOND G. KEENAN
Attorney for Petitioner
233 Grand Avenue
Shirley, NY 11967
(631) 603-9752

Notice:
You are hereby required to appear in this appeal and to answer the
allegations contained in the petition. Your answer must conform with the
provisions of the regulations of the Commissioner of Education relating
to appeals before the Commissioner of Education, copies of which are
available at www.counsel.nysed.gov or from the Office of Counsel, New
York State Education Department, State Education Building, Albany, NY
12234.

If an answer is not served and filed in accordance with the provisions of

such rules, the statements contained in the petition will be deemed to
be true statements, and a decision will be rendered thereon by the
commissioner.

Please take notice that such rules require that an answer to the petition
must be served upon the petitioner, or if the petitioner be represented
by counsel, upon the counsel, within 20 days after the service of the
appeal, and that a copy of such answer must, within five days after such
service, be filed with the Office of Counsel, New York State Education
Department, State Education Building, Albany, NY 12234.

Please take further notice that the within petition contains an

application for a stay order. Affidavits in opposition to the application
for a stay must be served on all other parties and filed with the Office
of Counsel within three business days after service of the petition.
 VERIFICATION

STATE OF NEW YORK)

COUNTY OF SUFFOLK) ss.:

JOHN SICIGNANO, being duly sworn, deposes and says that he is the
petitioner in this proceeding; that he has read the annexed Petition and
knows the contents thereof; that the same is true to the knowledge of
deponent except as to the matters therein stated to be alleged upon
information and belief, and as to those matters he believes it to be true.

Dated: Mastic, NY
January 22, 2018

Subscribed and sworn to before

me this 22nd day of January, 2018

Notary Public