Justice: Former TE School District Aide Receives 10-20 Years for Sexual Abuse of 15-Year Old Conestoga High School Student – Where Do We Go From Here?

It seems that in the aftermath of the scandal surrounding movie producer Harvey Weinstein, allegations of sexual harassment and assault against powerful men are flying left and right.

Actors, politicians, lawmakers, newscasters – each day brings new complaints alleging “inappropriate sexual behavior in the workplace”. From Hollywood to the White House, prominent men are accused of using their status to take advantage of women in unconscionable ways.

The men accused of sexual misconduct with adult women are very, very wrong. Alabama senate candidate Roy Moore is accused of inappropriate sexual conduct with children. This is not the same thing. They are not comparable. When an adult in power – whether a teacher, clergy member, coach, or in the local TE School District case an instructional aide —initiates sexual contact with a minor child, the incident is child sexual abuse, period.

Sixty-seven year old Arthur Phillips, a former instructional aide in Conestoga High School’s television production studio, sexually abused his 15 year old female victim for months. According to the police investigation, the alleged victim said that Phillips sexually assaulted her from January until April of this year on more than 10 occasions in various areas in Tredyffrin, despite saying no. Investigators alleged that Phillips made the student have sex with him. Police said that Phillips would grope, touch and kiss the student in his office at the high school. The investigation revealed that Phillips and the victim talked about “sexual issues” via text messages and at least once, he sent her a picture of his genitals.

In April, Chester County District Attorney Tom Hogan criminally charged Phillips with 100 counts including statutory sexual assault, involuntary deviate sexual intercourse and endangering the welfare of a child, among other related charges.

In June, a Federal lawsuit was filed against the TE School District by the parents of the victim, seeking at least $75K in damages and calling for the resignation of Conestoga’s Principal Dr. Amy Meisinger. The lawsuit claims that the District was aware of the improper conduct of Phillips and “created an environment that allowed the assaults to occur”.

According to the lawsuit, a Visual and Performing Arts teacher at the high school was aware of the ‘relationship’ between Phillips and his 15-year student and that with her husband, “double-dated” for dinner to celebrate the victim’s birthday.  The lawsuit contains the names of 14 District administrators, teachers and aides who were aware of Phillips’ inappropriate relationship but took a “blind eye” and failed to take steps to investigate or halt the conduct. The Performing Arts teacher lost her job in the District last month.

We learned from Caroline O’Halloran’s Savvy Mainline that the District has responded to the lawsuit against it and Principal Meisinger on August 14 with a 28-page “motion to dismiss”.  The court has yet to rule.

Last week Phillips had his day of reckoning before Chester County Court of Common Pleas Judge Patrick Carmody.  As a former Chester County Assistant DA, Carmody has handled thousands of cases from white crime to homicide and we now know he has no tolerance for child sex offenders. We learned from the Daily Times, that Phillips pleaded guilty to charges of involuntary deviate sexual intercourse, aggravated indecent assault, institutional sexual assault, and corruption of minors and in a plea agreement was given a sentence of 10-20 years in state prison.  Phillips will also be required to register as a sex offender for the rest of his life.

According to the Daily Times article, Judge Carmody was particularly incensed that Phillips apologized to his wife, his daughter, his son-in-law, and to his friends but not to his victim.

The judge told Phillips, dressed in a plaid shirt and a black jacket and speaking in a nervous whisper,  that the only reason that he was accepting the proposed plea agreement and sentence offered by the prosecution and defense was that its specifics amounted to a near life term for the 67-year-old. If not for Phillips’ age, he would reject the agreement as too lenient, he said.

“You may never leave jail, you understand that?” Carmody asked. “You’re going to be sitting in jail for at least the next 10 years.”

As the accusations of sexual harassment and assault fill the national news daily, there is much talk of “fixing the problem”.  What about the outstanding federal lawsuit against the TE School District and Principal Meisinger.  Having read the lawsuit filed by the parents of the Conestoga student, it certainly appears to provide substantial evidence. I do not claim to be an attorney but it seems to me that the Phillips guilty verdict will only strengthen the case against the school district and the principal.

So the question is, where do we go from here? Although it remains to be seen how Phillips’ guilty verdict will impact the federal lawsuit,  shouldn’t the larger issue be, has the school district “fixed the problem”? Are there policies now in place to prevent this sort of thing from ever happening again? Are our children safe?

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TE School District and Teachers Sign 3-Year Contract

Based on the agenda for last night’s TE School District Special Meeting, the purpose of the meeting was a Priority Discussion on the fact-finding timeline of the teachers’ contract with summary of the report. It was stated that the Board was unable to publish details contained in the report prior to the Board discussion.

However, we learned upon arrival at the meeting, that the school board and the teachers union had reached a tentative 3-year contract.  (The teachers contract expired June 30, 2017.) An overview of the contract negotiation process was presented by the District’s labor attorney Jeffrey Sultank of Fox Rothschild.  Specifics of the contract presented by District administrators Art McDonnell, Dr. Gusick and Jeanne Pocalyko.

The school board provided few updates to the public during the contract negotiation process which began in January. In past contract negotiations, the public received regular updates were provided, including the members of the committee. The lack of information (particularly after the teachers contract expired on June 30) added to an already stressful situation with the teachers mounting their own  PR campaign the last couple of months.

Below are the five slides that accompanied the fact-finding/teacher contract presentation. Although the fact-finding report and the teachers’ contract are not yet on the District website, the update should happen shortly.  Following the slides, Ray Clarke provides a few specifics from the contract.

The school board unanimously approved the new 3-year contract.

 

From Ray Clarke:

The Administration presented a lot of numbers showing the expected impact of most of the components of the agreement, but there was no integrated summary of how all added up to the stated 1.7% per year increase to the total expense budget.

–  Somehow this increase is equal to 47% of the revenue expected from increases in the Act1 Index of about 2.5% per year.  (Despite a question, I’m still not sure how these numbers reconcile – part of the problem of not having an integrated summary).

–  Salary increases aggregate to 10% over the three years, a cost offset to some extent by increases in the employee share of the premium for one of the health plans from 13% to 16% next year and by the implementation of a 6.5% share of the prescription plan premium, also next year.  The salary increases come from matrix increases of 0.5% to 1% and from step movement, plus raising the caps on tuition reimbursement and column movement.  The top step – always key with 40% of the staff there and earning ~$100,000/year – gets a $1,000 bonus this year, a ~2.5% increase next year and a 1% increase the year after.

–  The cost calculations assume the current teacher population moves along the matrix and stays at the top level, no retirements.

–  The impact of the extra PSERS and other salary-driven costs was not included

The Union and Board both seemed content with what appears on the surface to be a balanced agreement.  It will be important for the Board to remember that the District does not have to raise taxes equal to this or other cost increases.  Tonight Tredyffrin Township reported that its assessed base has increased 1.1% in 2017 YTD.

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Election 2017: Referendum on President Trump as Democrats upped their game in Tredyffrin and TE School District races

The “Trump Effect” sweeping the nation found its way to our local municipal and school board elections. Every local election can be seen as a referendum on President Trump as voters came out in mass and cast their votes overwhelmingly in support of Democratic candidates, ousting sitting Republicans in the process.

In the Tredyffrin Township Board of Supervisors race, At-Large candidate Murph Wysocki (D) was re-elected to a second term and newcomers Matt Holt (At-Large) and Kevin O’Nell (Middle District) candidates beat their Republican opposition. Historic in Tredyffrin Township, the election marks the first time in its 300 year history, that three of the seven seats will be held by Democrats.  If memory serves me correctly, Paul Drucker was the first Democrat elected to the Tredyffrin Township Board of Supervisors in 2005.

As a result of the 2017 election, there are big changes coming to the T/E School Board.  Running for second terms on the school board from Region III, Easttown residents Virginia Lastner (R) and Doug Carlson (R) lost to their Democrat opponents Heather Ward and Tina Whitlow.  Region I school board candidate Scott Dorsey (D) had no opposition and will serve a second term.

In the T/E School Board Region II race, current Valley Forge Middle School teacher Kyle Boyer (D) prevailed over his Republican opponent Doug Anestad.   As a teacher in the T/E School District, Boyer has been the focus of much attention since declaring his candidacy last March and is now required to resign from his reaching position before the December 4 school board meeting. It has been stated that Boyer will immediately tender his resignation to the school district and the District will waive the 60-day notification requirement so that he can take office.   As a result of the 2017 election, the T/E School Board make-up will be seven Democrats and two Republicans.

All Chester County row office elections were won by Democrat candidates, including Tredyffrin Township resident Yolanda Van de Krol as newly elected County Clerk.

Thank you to all the candidates for caring about our community and your willingness to serve! Congratulations to those who have been elected – wishing you much success!

 

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Politics & Government Start at the Local Level: Vote For the Person, Not the Political Party

Politics and government start at the local level – Election Day 2017 is tomorrow, Tuesday, November 7.

The local 2017 campaign season has taken a toll.  It has been difficult (and disheartening) to watch as friends and neighbors turned on each other; sometimes over important campaign issues and other times with unfounded personal attacks. (From my vantage point, both sides are equally at fault.) Sadly, the political unrest we see at the national level has played out in our own backyard. Regardless of who wins our local supervisor and school board races tomorrow, the difficult task to come together and move forward will remain.

Local elections do matter. Take schools: Neither the president nor Congress can have as much effect on local schools as the school board. In addition to overseeing a $140 million budget, the T/E School Board is tasked with balancing their responsibility to provide quality educational programs with the need to be effective stewards of public resources. The job requires dedication, experience and commitment to the students, parents and residents. (Click here for The Spoke interview podcast of the seven T/E School Board candidates. Thank you to Multimedia Editor Neil Goldenthal for providing the link).

Our local government has much to consider: the adequate funding of fire and safety, our library services, real estate development and redevelopment, preservation of open space and our historic structures, infrastructure improvement needs, etc. With three of the seven Tredyffrin Township Board of Supervisor seats on tomorrow’s ballot, this is an important election.  Which candidate’s views best aligns themselves with you? If you are undecided, a quick Google search of the supervisor candidates may provide helpful information.

In addition to the sea of individual candidate signs, the political parties have placed signs suggesting voters “Stop the Madness, Vote Democratic” and “If You Love Chester County, Vote Republican”. As a registered Independent, I never believed that it was the letter of the alphabet next to your name that would determine your success as an elected official. Whom you support on election day is a personal choice but please consider my appeal to “Vote for the Person, Not the Political Party”, before you pull the straight-party handle tomorrow.

To my fellow disenfranchised Independents who were not allowed to vote in the May primary election, our day to be heard has come. The number of registered Republicans and Democrats are about even in Tredyffrin Township, which makes the Independent votes all the more important.  Please join me — our votes do matter and can make a difference in the outcome!

Supervisors, school board, County offices and judges are all on the Election Day 2017 ballot. The message is to get out and vote tomorrow!  In the words of Napoléon Bonaparte, “Ten people who speak make more noise than ten thousand who are silent.”

If you are a registered voter and don’t know your polling precinct number, use the PA Polling Place Search here.

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Tredyffrin Township Board of Supervisors Candidates

Township Supervisor at Large – Vote for 2

  • Robin Bond (R)
  • Matthew Holt (D)
  • Raffi Terzian (R)
  • Murph Wysocki (D) *

Township Supervisor District 2 (Middle) – Vote for 1

  • Beth Coppola (R)
  • Kevin O’Nell (D)

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TE School District School Board Candidates – Vote for 1 in each region

  • Region 1: Scott Dorsey (D)* unopposed
  • Region 2: Doug Anestad (R)
  • Region 2: Kyle Boyer (D)

TE School District School Board Candidates – Vote for 2

  • Region 3: Doug Carlson (R) *
  • Region 3: Virginia Lastner (R) *
  • Region 3: Heather Ward (D)
  • Region 3: Tina Whitlow (D)

* Incumbent

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Know Your Candidates Before You Vote! Tredyffrin Supervisor & T/E School Board Candidates Forum

With less than a week to go before Election Day, do you know who you are voting for? If you are undecided or have a specific issue to discuss, please consider attending the Chesterbrook Civic Association’s Candidate Forum and learn about the Tredyffrin Township supervisor and TE School District candidates on Saturday.  Open to the public, the event will give voters an opportunity to bring important topics to the forefront — Saturday, November 4, 10 AM – 11:30 AM at Tredyffrin Township Building in Chesterbrook.

What do each of the township supervisor candidates feel is the single most important issue facing the township? And what is their background and/or experience makes them qualified to help with the issue. 

School board candidates — how will you balance the sometimes-conflicting interests of the students, taxpayers and teachers. And what in your background and/or experience will help you meet the needs of these three groups.

Use this opportunity to learn in depth about the understanding of issues, the personal perspectives, and the goals of candidates standing for election in our pending local elections.  The importance of knowing your candidates and what they stand for is especially significant in these times, when recent history teaches that what politicians say they plan to do is not necessarily what they actually do after being elected.

It’s important to know the issues, and to vote. Not voting can influence an election as much as voting does. If the person you did not want to win an election prevails, it may be that people who were eligible to vote did not vote.

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“He Said, She Said” – Now What? T/E School Board Race Plagued with Legal Questions

“He Said, She Said – What’s Next” says it all!  There continues to be accusations of misinformation and confusion surrounding the T/E School District’s 60-day resignation policy and how this regulation affects the Region II School Director race between candidates Doug Anestad (R) and Kyle Boyer (D).

Local municipal races are important and facts do matter! On October 12, chair of the Tredyffrin Republican Committee Neill Kling provided an opinion on the PA State Law in regards to the 60-day resignation policy.  On October 17, the post was updated to include subsequent responses from candidate Doug Anestad (R) and Kathleen Keohane, chair of the Tredyffrin Township Democratic Committee. In addition to their responses, I sent a personal email to candidate Kyle Boyer (D) inviting him to clarify his position and to ‘set the record straight’ on any inaccuracies. To date, Mr. Boyer has offered no further information nor responded to my email.

After reviewing TTDEMS chair Kathleen Keohane’ response dated October 17, Mr. Anestad believes it contains erroneous information and has sent a follow-up response. Rather than update the original post with this new information, below you will find Kathleen’s response followed by Doug’s.

Again, I need to ask where is Kyle Boyer? He’s the T/E School District school teacher running for the District’s school board. I understand that Mr. Boyer may not want to respond “on a blog” but isn’t the public entitled to some answers before Election Day?

Based on Mr. Anestad’s review (below) of the PA State Law, T/E School District policy and professional employment contract, it appears that there could be repercussions for Mr. Boyer if he were win the Region II School Director race. So … for any voters which be further confused by the “He Said, She Said” narrative, I suggest contacting Dr. Rich Guisick, the T/E School District Superintendent at gusickr@tesd.net.

Kathleen Keohane, Chair of Tredyffrin Township Democratic Committee Oct. 17 response to Neill Kling, Chair of Tredyffrin Township Republican Committee regarding the T/E School District Region II School Director race:

Pattye,

Once again it is political season and some members of our community have sought to infuse false narratives into a local school board race that should be non-partisan and focused on the issues. Posted as a blog statement, last Thursday’s letter from Neill Kling, chair of the Tredyffrin Township Republican Committee, calls into question Democratic school board candidate Kyle Boyer’s fitness to serve. Neill chose not to post this letter on his party’s website or in a letter to the editor but on a local blog, which allows for anonymous comments.

All voters should continue to focus on the facts:

Kyle Boyer is fully entitled to run for T/E school board as a resident of the district. He is aware of and appreciates the requirement that he resign his teaching position and leave the district if and when he is elected on November 7, and is fully prepared to do so. As for the 60-day provision in the PA Code, it gives districts the latitude to hold teachers for sixty days. However, there is solid precedent that the T/E school district has released professional staff with much less notice.

Further, T/E School District Regulation 4031, which governs all district employees, states:

The District will accept, without prejudice, the resignation of any employee provided written notice is given at least two (2) weeks in advance of the planned resignation date.

In late winter, Kyle Boyer informed his supervisor of his intention to run for T/E School Board. He did so out of respect for his colleagues and the school district, knowing that it would become public information after nominating petitions had been certified. That initial conversation and the public knowledge of his candidacy constitute over 8 months’ notice of a possible vacancy in his position at Valley Forge Middle School. It is safe to assume that school administrators have planned for that possibility.

Kyle has chosen to continue working as a teacher in the district until voters select him to represent them on the school board. He is a native of T/E, graduated from our schools, and most importantly, is committed to serving our community. Parents have found him to be an excellent teacher and role model for their children. They see him participating in the community (he is a member of FLITE’s advisory board and a member of the Tredyffrin Parks Board). They know him as a person of integrity who has shown he cares about all T/E residents.

Regarding the suggestion of a conflict of interest, Kyle would be serving as a former teacher – with all the experience that entails.  As others have pointed out, his opponent also is a former teacher, along with current school board vice- president, Scott Dorsey. Former school board members who worked as teachers and administrators include Rich Brake, Karen Cruickshank, Sandi Gorman, Kris Graham and Pat Wood, who resigned as TESD Coordinator of Community and Volunteer Services after her election to T/E’s school board.  All have brought an appreciation for the educational process and the systems in which they operated.

Lastly, in response to anonymous comments about Kyle Boyer’s relative youth, remember that Debbie Bookstaber was elected to the T/E school board in 2009. She was 27 years old, a short-time resident of T/E, and had never attended public schools. The TTRC willingly supported her candidacy.

At 29, Kyle is an example of TESD’s great success at preparing its students well to succeed, and to serve their community. With a B.A. from the George Washington University, an M.S.Ed. and M.P.A. from University of Pennsylvania and his principal’s certification from Immaculata University, Kyle has successfully spent his career teaching.  An ordained minister, he currently is pursuing a third Master’s in Divinity from Lutheran Theological Seminary and serves in the local faith community as well.

As one Valley Forge Middle parent commented online, “We should be debating the fitness of the candidates for their prospective positions, not procedural minutiae that are irrelevant to most.”  I agree.

Sandi Gorman, former T/E school board member and head of T&E Care has endorsed Kyle Boyer. She writes, “I’ve honestly never known anyone more qualified and dedicated to the causes he follows.  How lucky for the TESD that he believes that the good of our kids is a cause he’d like to champion!”

Sandi has served the best interests of the children and families of this community for thirty years and has earned our respect and appreciation. She clearly knows the facts and the law. A long-time Republican, she is supporting Kyle. All Region 2 voters should consider doing the same.

Best regards,
Kathleen Keohane
Chair, Tredyffrin Township Democratic Committee

T/E School District Region II School Director candidate Doug Anestad (R) follow-up to Kathleen Keohane, Chair, Tredyffrin Township Democratic Committee:

Dear Pattye,

Both Kathleen Keohane and Kyle Boyer are wrong on state law and wrong on T/E school district policy on the fundamental concept of the 60 day rule that anyone with a background in education should understand.

Kathleen Keohane stated that “some members of our community have sought to infuse false narratives into a local school board race that should be non-partisan and focused on the issues”. The irony here is that it is she is the one that is infusing false narratives into the local school board race – and she has struck out on each.

Strike one: a false narrative that states the 60 day rule does not apply to Mr. Boyer because of T/E Regulation 4031. The problem is, T/E Regulation 4031 does not apply to teachers. It is for all non-contractual employees.

The actual T/E Policy that relates to teachers is Policy 4470, Permanent Separation from District Employment (Instructional Employees), under the Instructional Staff section. Policy 4470 clearly states:

Resignations

Certificated Professional employees desiring to resign must present a written resignation within the time period as required by law. If no time period is required by law, then the employee must present a written resignation at least sixty (60) days prior to the effective date of resignation.

Strike two is another false narrative claiming Mr. Boyer’s “initial conversation and the public knowledge of his candidacy constitute over 8 months’ notice” and “It is safe to assume that school administrators have planned for that possibility.”  There is nothing that a school district will do to prepare for a teacher’s exit until they give their actual resignation. School districts have a process in place that starts once a letter of resignation is received, not before – and definitely not based on the possible outcome of a political campaign months away.

Strike three is another false narrative that “there is solid precedent that the T/E school district has released professional staff with much less notice.”  What is missing is that those teachers gave 60 days notice and then were allowed to be released early after the school district went through the hiring process, hired the replacement, and knew when the new teacher could start.

As if those three strikes weren’t enough, there is this: Kyle Boyer signed an individual contract with the school district. That contract clearly stated that he had to give 60 days notice when resigning.

Now let’s summarize as clearly as possible: Kyle Boyer has admitted he will not give 60 days notice to the T/E school district. This means that he has promised to break PA state law, break his personal contract with the T/E school district, and break T/E school district policy.

While I cannot fault Kathleen Keohane for not fully comprehending the 60-day rule, there is really no excuse for someone running on his educational background and educational knowledge not to understand it – especially after it was explicitly pointed out to him long before he was close to the 60 day deadline.

Sincerely,

Doug Anestad

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UPDATED: Who Said Local Elections Aren’t Interesting — T/E School District Region 2 Candidate is Also a T/E School District Teacher! How is that Possible??

UPDATE: The following  blog post originally appeared on October 12. After posting, I contacted T/E Region District 2 school board candidates Kyle Boyer (D) and Doug Anestad (R) and chair of Tredyffrin Township Democratic Committee  Kathleen Keohane, offering to post responses to the post. I received responses from Doug Anestad and Kathleen Keohane and those responses now appear at the end of the post. (See Below). There was no response to my email from school board candidate Kyle Boyer.  

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Based on the colorful campaign yard signs sprouting in our neighborhoods, we know that the countdown to Election Day 2017 is underway.

While it should be a given that the the upcoming Municipal Election on November 7 for township supervisors and school board directors is important, we know that historically turnout on a non-presidential year is not good.  In an attempt to encourage interest in our local races, I wrote a post earlier this year after the candidates filed their petitions, listing all the supervisor and school board candidates.

In that March 8 post, I commented about the T/E Region 2 school board race between Democrat Kyle Boyer and Republican Doug Anestad; asking if a current T/E School District teacher (Boyer) could run for the T/E School Board.  Although intended as a “procedural question”, there were a few comments that suggested I was biased in this race because I knew Mr. Boyer’s opponent (Doug Anestad). My point wasn’t to advocate or side with one candidate over another — it was simply seeking an understanding of the situation from a legal/procedural standpoint.

I subsequently learned that a candidate (in this case Kyle Boyer) can run for T/E School Board as a T/E School District teacher.  The candidacy is not the problem; the difficulty arises should the candidate win the election … as a currently employed District teacher cannot also serve as a member of the District’s school board. However, it was stated in March that Boyer intended to leave the District and work as an administrator in another school district and that his departure would be long before the November election or the 60-day requirement of notification to the District. It was assumed that the situation would resolve itself.

Between the Trust’s 13th Annual Historic House Tour in September and a trip to Seattle to see our first grandchild Audrey last week, I have admittedly been distracted from local issues the last several weeks, including the upcoming municipal election. I have now learned that the situation with the T/E Region 2 school board candidate Kyle Boyer has not resolved itself.

Mr. Boyer did not resign from his position with the T/E School District and remains in the classroom as a T/E Middle School teacher. The deadline for candidates to withdraw their name from the election was August 8 and Mr. Boyer did not withdraw. We have a T/E School District teacher with his name on the ballot as a candidate for the T/E School Board yet he cannot serve the District as a member its school board and as a District teacher.  Now what??

The following email was received from Neill Kling, chair of the Tredyffrin Republican Committee regarding the Kyle Boyer issue, stating “what had been a troubling potential conflict of interest has now become a legal question …”  I will contact the chair of the Tredyffrin Township Democrats Kathleen Keohane and T/E School Board Region 2 candidates Kyle Boyer (D) and Doug Anestad (R) for their comments on this matter.  If responses are received, the post will be updated accordingly.

The local T/E School District Region 2 race just became a lot more interesting!

Pattye:
We know that T/E school district employees are forbidden by law from serving on the T/E School Board because that creates an obvious, immediate and irreparable conflict of interest. Nevertheless, one of the candidates for School Board in Region 2, Kyle Boyer, is currently a teacher at Valley Forge Middle School. While this may technically be permitted (so long as he leaves his position in time to serve — see below), it obviously creates a similar conflict of interest, particularly at this moment of District/Teacher contract negotiations.

However, I learned over the weekend that Mr. Boyer did not notice his resignation as a teacher in the T/E School District by October 6 and, to my knowledge, still has not done so. That is critical, because, as I understand PA law, a teacher must give 60 days notice of their resignation before it takes effect. I presume that rule is to protect the smooth transition of instruction for the students being deprived of a teacher, and give the district time to identify a proper replacement. In any event, should he be elected School Board Member, Mr. Boyer will not be able to assume the office on December 4, 2017, which is when the new school board sits. Thus, what had been a troubling potential conflict of interest has now become a legal question: is Kyle Boyer eligible to be on the ballot given that he will not be able to serve at the appointed time? And that raises other troublesome questions, such as: 1) By whom would a waiver of the 60-day rule be given and on what basis? 2) Could such a waiver be given conditioned on his election? 3) Is there some deal in the works whereby Mr. Boyer has already been promised such a conditional waiver? 4) Has he asked for one? 5) If Mr. Boyer’s name remains on the ballot and he gets the most votes, but withdraws from the race or is unable to serve, who decides upon the person to serve on the School Board in his stead, and under what criteria? 5) Should the parents of Mr. Boyer’s students have been told what the potential status of his employment is?

The PA state law for school directors can be found athttp://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1949/0/0014..HTMunder ARTICLE III. SCHOOL DIRECTORS. The prohibition against an employee serving as school board member is Section 324. The language requiring teachers to give 60 days notice can be found in ARTICLE XI. PROFESSIONAL EMPLOYEES. Section 1121.

We are currently looking into these questions but I would appreciate your putting this up on the CM website to generate valuable discussion among community members.

Best,

Neill Kling
Chair, Tredyffrin Township Republican Committee

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UPDATE:  Below is the response to the post above from T/E School Board District 2 Candidate 2 Doug Anestad (R):

Pattye,

It is telling that neither Kyle Boyer nor Kathleen Keohane have responded for four days, and is a clear indication that they don’t have a good explanation. I am sure they will come up with something, but it will not answer the fact that teachers are required by state law to give 60 days notice to resign, or that teachers cannot serve on the school board of the district in which they work.

There are only two possibilities here if Kyle Boyer wins:

1) He violates state law and resigns with less than 60 days notice before the December 4th swearing in date. All signs point to the fact that – because he has violated the law and not resigned in time – he cannot serve on school board.

2) He does not resign as a teacher and simply cannot serve on school board.

This looks increasingly likely as Mr. Boyer has already missed two important dates this year in regards to resigning.

Now, no matter what explanation is provided, it must be noted that Mr. Boyer and his party leaders have already lied to the public about this issue.

On March 14, 2017, Kathleen Keohane stated on Community Matters that, “Kyle will have left the District long before the November election or the 60-day requirement.” He has not.

If Mr. Boyer were absolutely certain he was going to resign, he would have done so with the proper legally required notice, and in time to be seated on December 4th.  Again, he has not.

As noted by Mr. Kling, the legal problems run even deeper. The same law that says a school district employee may not serve on school board in that district also says: “No school director shall, during the term for which he was elected or appointed, as a private person engaged in any business transaction with the school district in which he is elected or appointed, be employed in any capacity by the school district in which he is elected or appointed”

The important phrase there? “During the term for which he was elected.”  This means that if Mr. Boyer were to win, he could not teach in T/E for the next four years unless he received special treatment from the board.  Nor could he serve for the next four years as he violated the resignation notice requirements.

Finally, if Mr. Boyer were to win, he would be taking away the voice of Region 2 residents.  Remember: he can’t serve.  That means that the remaining school board members choose who would take his spot – some of the same people who ignored our Region 2 community in the past would be the ones to pick our representative.

Mr. Boyer’s actions have put residents, the school board and even his students in an untenable position. A position that was avoidable had he and his party leaders just kept their word.  But they didn’t.

As for me, I will continue to run on my record and background as an active and involved citizen fighting for our schools. For example, after I found out that our region was underrepresented by almost 50%, I pushed for, and got, new boundaries for the voting regions for school board that are equal in population size. I was a voice for our parents and community in the Valley Forge Middle School fence issue. I fought to bring technology education to our middle schools. And, I have helped protect taxpayers by stopping wasteful school spending. If elected, I will continue to do the same.

Sincerely,
Doug Anestad


The following is the response to the October 12 blog post from Kathleen Keohane, chair of the Tredyffrin Township Democratic Committee:

Pattye,

Once again it is political season and some members of our community have sought to infuse false narratives into a local school board race that should be non-partisan and focused on the issues. Posted as a blog statement, last Thursday’s letter from Neill Kling, chair of the Tredyffrin Township Republican Committee, calls into question Democratic school board candidate Kyle Boyer’s fitness to serve. Neill chose not to post this letter on his party’s website or in a letter to the editor but on a local blog, which allows for anonymous comments.

All voters should continue to focus on the facts:

Kyle Boyer is fully entitled to run for T/E school board as a resident of the district. He is aware of and appreciates the requirement that he resign his teaching position and leave the district if and when he is elected on November 7, and is fully prepared to do so. As for the 60-day provision in the PA Code, it gives districts the latitude to hold teachers for sixty days. However, there is solid precedent that the T/E school district has released professional staff with much less notice.

Further, T/E School District Regulation 4031, which governs all district employees, states:

The District will accept, without prejudice, the resignation of any employee provided written notice is given at least two (2) weeks in advance of the planned resignation date.

In late winter, Kyle Boyer informed his supervisor of his intention to run for T/E School Board. He did so out of respect for his colleagues and the school district, knowing that it would become public information after nominating petitions had been certified. That initial conversation and the public knowledge of his candidacy constitute over 8 months’ notice of a possible vacancy in his position at Valley Forge Middle School. It is safe to assume that school administrators have planned for that possibility.

Kyle has chosen to continue working as a teacher in the district until voters select him to represent them on the school board. He is a native of T/E, graduated from our schools, and most importantly, is committed to serving our community. Parents have found him to be an excellent teacher and role model for their children. They see him participating in the community (he is a member of FLITE’s advisory board and a member of the Tredyffrin Parks Board). They know him as a person of integrity who has shown he cares about all T/E residents.

Regarding the suggestion of a conflict of interest, Kyle would be serving as a former teacher – with all the experience that entails.  As others have pointed out, his opponent also is a former teacher, along with current school board vice- president, Scott Dorsey. Former school board members who worked as teachers and administrators include Rich Brake, Karen Cruickshank, Sandi Gorman, Kris Graham and Pat Wood, who resigned as TESD Coordinator of Community and Volunteer Services after her election to T/E’s school board.  All have brought an appreciation for the educational process and the systems in which they operated.

Lastly, in response to anonymous comments about Kyle Boyer’s relative youth, remember that Debbie Bookstaber was elected to the T/E school board in 2009. She was 27 years old, a short-time resident of T/E, and had never attended public schools. The TTRC willingly supported her candidacy.

At 29, Kyle is an example of TESD’s great success at preparing its students well to succeed, and to serve their community. With a B.A. from the George Washington University, an M.S.Ed. and M.P.A. from University of Pennsylvania and his principal’s certification from Immaculata University, Kyle has successfully spent his career teaching.  An ordained minister, he currently is pursuing a third Master’s in Divinity from Lutheran Theological Seminary and serves in the local faith community as well.

As one Valley Forge Middle parent commented online, “We should be debating the fitness of the candidates for their prospective positions, not procedural minutiae that are irrelevant to most.”  I agree.

Sandi Gorman, former T/E school board member and head of T&E Care has endorsed Kyle Boyer. She writes, “I’ve honestly never known anyone more qualified and dedicated to the causes he follows.  How lucky for the TESD that he believes that the good of our kids is a cause he’d like to champion!”

Sandi has served the best interests of the children and families of this community for thirty years and has earned our respect and appreciation. She clearly knows the facts and the law. A long-time Republican, she is supporting Kyle. All Region 2 voters should consider doing the same.

Best regards,
Kathleen Keohane
Chair, Tredyffrin Township Democratic Committee

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Wednesday, October 18: Meet the Tredyffrin Township Supervisor Candidates at Surrey Services

Upcoming on Wednesday, October 18, Surrey Services located at 60 Surrey Way (formerly 60 Chestnut Avenue) in Devon will host a Q&A of the Tredyffrin Township Board of Supervisor candidates.  The public is welcome to attend the free forum from 6-7:30 PM. Questions can be submitted in advance to info@surreyservices.org

Sadly, no League of Women Voters debate is scheduled for the supervisors and school board candidates but the Surrey forum will provide an excellent opportunity to meet and learn about the supervisor candidates in Tredyffrin Township.

Below is the list of six candidates on the ballot. Voters will choose two at-large supervisors and voters in District 2 (middle) will choose one supervisor.

Tredyffrin Township Democratic Committee has endorsed the following supervisor candidates:

  • Supervisor at Large: Matthew Holt, Attorney
  • Supervisor at Large: Murph Wysocki, Attorney *
  • District 2 (Middle): Kevin O’Nell, CEO, Peoplelinx

Tredyffrin Township Republican Committee has endorsed the following supervisor candidates:

  • Supervisor at Large: Raffi Terzian, Physician
  • Supervisor at Large: Robin Bond, Attorney
  • District 2 (Middle): Beth Coppola, Real Estate Agent

* Incumbent

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Saturday, October 14 — Antiquing & Planting Trees in Tredyffrin’s Great Valley

If you are looking for something to do this Saturday, October 14th there’s a couple of events in the Great Valley section of Tredyffrin Township that you may find of interest.

Polly Hagan Antiques will hold its annual Fall Barn Sale (9 AM – 3 PM) on Saturday and will feature primitives, collectibles and antiques. The barn is full so come early for the best selection. Located 1 mile west of N. Valley Road, the Barn Sale address is 2205 Yellow Springs Road, Malvern.  For questions/information call 610-209-4618.

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Saturday will be a beautiful autumn day with temperatures in the 70’s – a great day to get outside and help Open Land Conservancy with its tree planting.  The Conservancy is restoring the riparian buffer along Valley Creek and Cedar Hollow Run in the Cedar Hollow Preserve by planting 750 native trees.

When:  Saturday October 14th, 9:00am – noon or until we’re done
Where:  Cedar Hollow Preserve, 1635 Church Road, Malvern (Preserve icon on Google Maps)
What to wear:  Temperature appropriate clothing, sturdy footwear, gloves
What to bring:  Shovel, trowel, mallet

Important notes:
– Car Pool if you can, parking is limited
– We will plant in light rain, but in extreme weather will postpone to the following week-end.

The planting area was inundated with the invasive Phragmites Australis Giant Reed which had eliminated all native vegetation. This has been cleared to give an open planting zone with occasional wet spots, well suited for planting.  We will be using container seedlings of 12 different wetland-suitable tree species, planted inside staked protective tubes, “vole guards” and “mulch plates” to keep the deer, mice and weeds at bay.  Our community planting date will be preceded this week by a planting team from Siemens Healthcare.

As a reminder, the Conservancy is a non-profit, managed entirely by volunteers, supported by 500 members that owns and opens to the public six Nature Preserves here in Tredyffrin.  http://www.openlandconservancy.org

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TE School District Taxpayers in the Dark

I received the following press release Sunday morning from a Pennsylvania State Education Association (PSEA) representative.

Tredyffrin/Easttown Education Association (TEEA) to Hold Informational Picket before September 25th School Board Meeting

What: Teachers and educators of the Tredyffrin/Easttown Education Association (TEEA) are holding an Informational Picket before the next School Board meeting to protest their lack of a new collective bargaining agreement (CBA). The CBA expired, June 30, 2017 and both parties met one time over the entire summer. The membership is frustrated by the lack of progress in one of Pennsylvania’s premier school districts. Conestoga High Schools was recently ranked the best high school in all of Pennsylvania.

Who: Hundreds of Teachers, Parents and Educational staff of TESD School District.
Visual Highlights: Teachers will assemble prior to the School Board meeting, holding signs and marching and chanting for a new contract. Community members and families are invited.

When: Monday, September 25, 6:30 p.m. (Assemble) | 7:30 p.m. (meeting)

Where: Conestoga High School (200 Irish Rd, Berwyn, PA 19312)

Statement by TEEA President, Dr. Bob DeSipio:
“Our contract expired on July 1, 2017. Despite multiple offerings to meet with the School Board this summer to continue the negotiations process, we did not meet until the end of August. We want the School Board to know that it is not just the five or six of us on the bargaining team that are upset with the slow pace of these negotiations, but a membership of more than 400 highly educated and highly dedicated educators. We hope tonight’s Board meeting is a demonstration to the District that TEEA is resolute in our dedication to achieve a new agreement and want to reach a fair and competitive settlement as quickly as possible.”

Dr. DeSipio’s statement is confusing and unsettling – although the teachers’ contract expired June 30, 2017, the District held no negotiating meetings during the summer!  No contract negotiation meetings between the District and the teachers union “until the end of August”!  This makes no sense.

It is impossible for the community “to take a side” in the contract negotiation battle between the school district and the teachers union. Why? Because the taxpayers have received no information from either side about the offers/demands.

The teachers are asking for a “fair and competitive settlement” … wish I knew the offer on the table. The public cannot possibly know what is “fair” without knowing the contents of the offer.

The secret negotiations between the District and the teachers union once again underscore the need for transparency.

Getting the state union officials from PSEA involved, the T/E teachers will show solidarity with signs, marching and chanting on Monday night before the school board meeting.  Working without a settled contract is difficult but isn’t this “informational picket” apt to make the contract negotiation situation more contentious?

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