Editorial: Schools spending in secret

Thursday, 25 February 2010 00:00

One of the most important tenets public officials must uphold while in office is to maintain a trail for every dollar of public money they spend. Last month, the school district deliberately did the opposite, and with the hope that no one would find out.

On Monday, The Ledger discovered that the district settled the lawsuit filed by its former business head John Spang, who was fired in 2006 and sued the town in 2007 for improper dismissal. However, there’s no way of knowing the details of the settlement unless someone breaks the law. Every document related to the settlement has been sealed and there is a confidentiality clause in place forbidding anyone from discussing the terms of it — all at the district’s request.

In fact, district officials are upset with Mr. Spang’s lawyer for telling The Ledger that the suit was even settled — court records only provide the vague explanation that it was “discontinued with prejudice.” They are also angered by his comment that he could not “disclose the financial transactions that occurred in the settlement,” which confirms that a payment was made to Mr. Spang since the settlement was to his “satisfaction.” The district clearly wanted this suit settled without anyone knowing about it.

Failing that, the district at least has managed to keep the amount it paid under wraps. That’s thanks to an exception to the state’s Freedom of Information Law that allows judge’s rulings to supersede it. In this case, the judge’s confidentiality ruling trumps the state’s law that prohibits public bodies from concealing payments of public money. The town of Lewisboro pulled a similarly devious act a couple of years ago when a judge approved its request to seal a settlement that included payment to a family for diverting water onto their property. Both are apparently schooled in the ways of hiding how much taxpayer money they are spending.

Obviously, the public is encumbering these costs, whether the money comes directly from the government or through an insurance provider that recoups it through its premiums fees. New York’s highly regarded open government laws protect many public rights but perhaps none more vigorously than the transparency of public expenditures. That is why it is illegal for officials to appropriate money in a closed session and there are no exceptions, outside of the courtroom, to allow for the spending of public money to be concealed.

What should not be lost on voters is that The Ledger discovered the district’s refusal to reveal how it spends public money the same day the superintendent requested the public provide 3.7% more of it in taxes next year. Voters should demand full disclosure of how all their money is being used or fail to provide any more to be spent in secret.

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