STATE OF NEW YORK. SUPREME COURT:

In the Matter of

COUNTY OF ONONDAGA

FRED WEISSKOPF, LINDA WEISSKOPF, CHERYLLIPTAK, CHARLES CARTER, JR., WALTER HUBBS,ROCHELLE HUBBS, MAUREEN J. DOYLE, MICHAELJ. DOYLE, and DENNIS PELMEAR,

Petitioners,

v.

THE BOARD OF EDUCATION OF THE JORDAN·ELBRIDGE CENTRAL SCHOOL DISTRICT, andMARILYN J. DOMINICK, Superintendent of Schools ofThe Jordan-Elbridge Central School District, andWILLIAM SPECK, as the prospective InterimSuperintendent of the Jordan-Elbridge Central SchoolDistrict,

Respondents,

for relief pursuant to Civil Practice Laws and Rules, Article78 and Declaratory Judgment pursuant to CPLR § 3001.

STATE OF NEW YORK )COUNTY OF ONONDAGA) :ss

I, NOEL HOTCHKISS, being duly sworn, depose and say:

AFFIDAVIT OF NOELHOTCHKISSIndex No.: 2010-6292RJI No.: 33-10-5038

1. I am an resident of Onondaga County. I make this Affidavit in support of a

motion to disqualify Dennis O'Hara and his law firm as counsel to the Petitioners herein. I also

make this Affidavit in opposition to the Petition filed by Fred Weisskopf and others against the

Jardan-Elbridge Central School District.

2. I was a member of the Board of Education of the Jordan-Elbridge Central School

District from July 1, 2001 until June 30, 2009.

1

THE LAw FIRM OF FRANK W. M!LLI:R65751Grkville Road, East Syracuse, New York 13057

3. Prior to that time, I served the Jordan-Elbridge Central School District as a

teacher, having been employed there beginning in January 1965. Thereafter, I became an

assistant principal at the high school. I later became the high school principal and served in that

position for 22 years, until my retirement in February 1998.

4. In the spring of 2001, I was elected to the Board of Education of the Jordan-

Elbridge Central School District and served until I retired from that position in June 2009.

5. During a portion of that time and specifically in April 2005, I served as President

of the Board of Education.

6. As principal of the high school for the Jordan-Elbridge Central School District, I

often consulted with the School District attorneys. \Vhile I was principal at the high school, our

attorney was Dennis G. O'Hara of the Law Firm of O'Hara and O'Connell, as it was known at

that time.

7. I am aware, from my personal observations, that Mr. O'Hara represented the

District in numerous legal matters over the years. I believe he began representing the School

District sometime in the late 1980s and continued until his services were discontinued by the

School District in April 2005.

8. When 1 joined the Board of Education on July 1,2001, Mr. O'Hara and his firm

served as general counsel for the Jordan-Elbridge Central School District until June 2004. At that

time, the District began utilizing the services of Ferraro, Fiorenza, Barrrett & Reitz, Mevec &

Cognetti, as well as the O'Hara Law Firm.

9. From 2001 through 2004, Mr. O'Hara represented the Jordan-Elbridge Central

School District in connection with the negotiation and renegotiation of employment contracts

involving our then -Superintendent Marilyn J. Dominick. For example, in September 2002, a

2

TilE LAw FIRM OF FJw,'K W. M!I.llR65751Grkville Road, East Syracuse, New York 13057

contract was written, providing for the extension of the contract between the Jordan-Elbridge

Central School District and Marilyn Dominick. I am reliably informed that this extension was

prepared under the supervision of Attorney O'Hara. A copy of that 2002 extension is attached

hereto as Exhibit A.

10. In June 2003, the contract of Ms. Dominick was extended again by agreement.

Attached as Exhibit B are copies of the Board resolution and agreement, extending Ms.

Dominick's employment. Again, our school attorney was Dennis O'Hara. It is my recollection

that the agreement was prepared by Mr. O'Hara in consultation with the Board of Education.

11. The contract was extended the following year, in July 2004. Again, the Board of

Education consulted Mr. O'Hara in February 2004, when the contract was further extended. A

copy of that Board resolution is attached as Exhibit C.

12. Ms. Dominick's contract was adjusted again in July 2004, to provide for a salary

increase (see Exhibit D, attached). Mr. O'Hara was our legal counsel and was consulted with

regard to the adjustment in salary and the amendment to Ms. Dominick's contract.

13. Mr. O'Hara remained as our primary attorney on most legal matters until 2004

and in many legal matters until discharged from that position in April 2005. A copy of my letter

to Mr. O'Hara, dismissing him from the position of school counsel, is attached hereto as Exhibit

E.

14. I wish to state that throughout this period of time, from when I began serving on

the Board of Education in July 2001 up to 2004, Mr. O'Hara was the primary attorney from

which the Board of Education received legal advice and counsel. Although after 2003, the

School District approved the services of other attorneys, including Benjamin Ferrara of the Law

Firm of Ferrara, Fiorenza, Barrrett & Reitz, and Danny Mevec (in 2004), as legal counsel, Mr.

3

THE LAw FIRM OF FRANK W. Mll1.£R6575 Kirkville Road, East Syracuse, New York 13057

O'Hara remained the primary source of legal advice to the Board of Education. We relied

heavily and primarily upon Mr. O'Hara for legal advice concerning matters pertaining to Ms.

Dominick's contract. I also wish to state that it appeared from my observations that Mr. O'Hara

and Ms. Dominick had a very close working relationship.

15. I respectfully submit that Mr. O'Hara should not be permitted to be involved in

litigation against his former client (the Board of Education) over a matter upon which he

rendered legal advice in the past.

16. I also wish to state that 1 am familiar with the Petition filed by Mr. Weisskopf and

others herein. I can state that the Board has had its disagreements with Ms. Dominick over the

years. I recall many such disagreements during my tenure as a member of the Board of

Education of the Jordan-Elbridge Central School District.

17. I am reliably informed that this lawsuit brought against the Board of Education,

seeks to invalidate the severance agreement between Marilyn Dominick and the Jordan-Elbridge

Central School District. In effect, Mr. O'Hara is suing his former client over an earlier version

of Ms. Dominick's employment agreement and in particular over the identically worded

termination proposal, including the 60 day notice of resignation provision.

18. I respectfully urge the Court to dismiss the Petition herein.

Sw~rft to before me thisI,;. _. day of November 2010.

Notary Public

FRANKw. MILLER.No~ Public, State of New York

Qualified 1D. ~dison Co. No. 02MI5072813My C01D.!nlSSlon Expires~~

J!liJ/;itl4

THE LAw fIRM OF FRANK W. Ml!LER65751Grkville Road, East Syracuse, New York 13057

EXHIBIT A

~ OF SCHOQI.5 CQNTRACT AMENDMENI

It is hereby agreed by the Board of Education of the Jordan Elbridge CentralSchool District, located in Onondaga County in the State of New York (hereinaftercalled the Board) and Marilyn J. Dominick (hereinafter called the Superintendent ofSchools) that said Board in accordance with its actions as found in the minutes ofthe meeting held on the 4th day of September, 2002, had and does amend theexisting contract with said Superintendent of Schools in the follOWing manner:

Item 7. Compensation. The salary for the Superintendent of Schoolsfor the school year commencing July 1,2002 and ending June 30, 2003, shall be OneHundred Three Thousand and seven hundred fifty Dollars ($103,750.00). Suchsalary shall be paid in equal installments in accordance with the policy of the Boardgoverning payments of other professional staff members in the District.

All other terms and conditions of the existing agreement not amended hereare reaffirmed and will remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have set their }t:lnd a.T'!.d sea!.

Dated: September 4, 2002

Jordan Elbridge Central School DistrictBoard of Education

13Y .·u IJ .. . HU

Catherine MeixnerPresident, Board of Education

Marilyn J. DominickSuperintendent of Schools

EXHIBITB

At a Regular Meeting of the Board of Education of the Jordan Elbridge Central SchoolDistrict, Onondaga County, New York, held at the Middle School Large Instruction Roomlocated at Chappell Street, Jordan, New York at 7:00 PM on June 18,2003.

The meeting was called to order by President Cathy Meixner, and upon roll being called,the following were:

PRESENT:

ChilsonFilkinsGasparekGleasonHotchkiss

Yes MeixnerYes O'BrienYes PatrickYes PieklikYes

YesYesYesYes

The following resolution was offered by Mrs. Chilson, who moved its adoption, secondedby Mr. Patrick, to wit:

WHEREAS, the Board and the Superintendent of Schools, Mmilyn J. Dominick (the"Superintendent"), entered into an Employment Abrreement on January 24,2000 (the"Agreement"), pursuant to which Ms. Dominick was appointed as the chief executive officer ofthe District; and

WHEREAS, the Superintendent's telm of employment is to continue through January31, 2006, unless fmiher extended; and

\VHEREAS, the Board and the Supe1intendent have agreed upon further revisions to theAgreement as set f011h below, and the Board wishes to authorize said changes by resolution.

Section 1. The Board hereby authorizes paragraph "7(a)" of the Agreement to be amended toread as follows:

(a)

Section 2.

Section 3.

The Superintendent's base salary for the period from July 1,2003 to June 30,2004 shall be at the annual rate 0£$106,863.00 thousand and 00/100 dollars($106,863.00), to be paid in equal installments in accordance with the mles of theBoard goveming salary payment to other District administrative employees.

Theremaining·tenns··andconditionsofthcAgreementas·amended by action of···the Board are hereby reaffinned and will remain in full force and effect.

This resolution shall take effect immediately.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted as follows:

Chilson Yes Meixner YesFilkins Yes O'Brien YesGasparek Yes Patrick YesGleason Yes Pieklik YesHotchkiss Yes

This resolution was thereupon declared duly adopted.

JORDAN ElBRIDGE CENTRAL SCHOOL DISTRICT

DISTRICT OFFICESP.O. BOX 902, CHAPPELL STREET, JORDAN, NEW YORK 13080

315-689-3978 • Fox 315-689-0084

MARILYN J. DOMINICKSUPERINTENDENT OF SCHOOLS

March 6, 2003

Mrs. Marilyn J. DominickDistrict Office

Dear Mrs. Dominick:

This is to inform you that at the regular meeting of the ,IE Board of Education

Meeting held Wednesday, March 5, 2003, the Board extended your contract agreement as

Superintendent of Schools, through January 31, 2006, as per attached.

Keep up the good work!

Sincerely,

~~ 1.0.JJ-urJNelson L WellspeakInterim Asst. Superintendent for Finance/Busines~

NLW:jmb

Ene.

At a Regular meeting of the Board of Education of the Jordan Elbridge Central

School District, Onondaga County, New York, held at the Middle School Large

Instruction Room located at Chappell Street, Jordan, New York at 7:00 p. m. on March

5, 2003.

The meeting was called to order by President Cathy Meixner, and upon roll

being called, the following were:

PRESENT:

Sandy ChilsonTimothy FilkinsMichael GasparekDavid GleasonNoel HotchkissCathy MeixnerErica O'Brien

ABSENT:

Joseph Patrick - arrived at 7:20 PMJeanne Pieklik

Upon the recommendation of the Superintendent of Schools, the following

resolution was offered by .......I....,..os....e;;:.rp"'-'b.............p""-'.<:lt......r--'j-l-c.t:l.k , who moved its

adoption, seconded by =Sa=n=d:.4.y_C.;;:..;h=ie.-l -=.s_on , to wit:

WHEREAS, the Board and the Superintendent of Schools, Marilyn J. Dominick

(the r'Superintendent"), entered into an Employment Agreement on January 24, 2000

(the "Agreement"), pursuant to which Ms. Dominick was appointed as the chief

executive officer of the District; and

WHEREAS, the Superintendent's initial term of employment was for a 3-year

period, to terminate on February 1, 2003 unless further extended; and

WHEREAS, the term of the Agreement was extended for an additional one-year

period on March 1, 2001 and again on March 1, 2002 by virtue of the provisions of

paragraph 3(b) of the Agreement; and

WHEREAS, the Board has considered further extending the term of the

Superintendent's employment.

NOW, THEREFORE, be it resolved as follows:

Section 1. The Board hereby extends the term of the Superintendent's

employment for an additional one-year period through January 31, 2006.

Section 2. The remaining terms and conditions of the Agreement as

amended by action of the Board taken on March 26, 2001, June 11, 2001 and

September 4, 2002, are reaffirmed and will remain in full force and effect.

Section 3. This resolution shall take effect immediately.

The question of the adoption of the foregoing resolution was duly put to a vote on

roll call, which resulted as follows:

Sandy ChilsonTimothy FilkinsMichael GasparekDavid GleasonNoel HotchkissCathy MeixnerErica 0'BrienJoseph PatrickJeanne Pieklik

VotingVotingVotingVotingVotingVotingVotingVotingVoting

YesYesYes

YesNoYes

YesYesNo

The resolution was thereupon declared duly adopted. 7-2-0.

STATE OF NEW YORKCOUNTY OF ONONDAGA

)) ss.:

CERTIFICATION

I, Nelson Wellspeak, Interim School District Clerk of the Jordan Elbridge

Central School District, Onondaga County, New York, DO HEREBY CERTIFY:

That I have compared the foregoing resolution of the Board of Education of the

Jordan Elbridge Central School District, adopted March 5, 2003, with the original

thereof on fHe in my office, and the same is a true and correct copy of said original

and of the whole of said original so far as the same relates to the subject matters

therein referred to, and that alt members of the Board of Education of said School

District had due notice of said meeting.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the

Jordan Elbridge Central School District this ..2..th.. day of March, 2003.

Nelson WellspeakInterim School District Clerk

(SEAL)

At a Regular meeting of the Board of Education of the Jordan Elbridge Central

School District, Onondaga County, New York, held at the Middle School Large

Instruction Room located at Chappell Street, Jordan, New York at 7:00 p.m. on March

5,2003.

The meeting was called to order by President Cathy Meixner, and upon roll

being calted, the following were:

PRESENT:

Sandy ChilsonTimothy FilkinsMichael GasparekDavid GleasonNoel HotchkissCathy MeixnerErica O'Brien

ABSENT:

Joseph Patrick - arrived at 7:20 PMJeanne Pieklik

Upon the recommendation of the Superintendent of Schools, the following

resolution was offered by ..uIa...l..:;s~e:.rpbJ.,l.,...,lp;...;;au..t .....r...uic......k'""--- , who moved its

adoption, seconded by ..:;::S~a=..::.nd;::.yt.......:;C:;.:.;h:..;:;i::::;..ls:;;.;o:....n , to wit:

WHEREAS, the Board and the Superintendent of Schools, Marilyn J. Dominick

(the t'Superintendent"), entered into an Employment Agreement on January 24, 2000

(the UAgreement"), pursuant to which Ms. Dominick was appointed as the chief

executive officer of the District; and

WHEREAS} the Superintendent's initial term of employment was for a 3-year

period, to terminate on February 1, 2003 unless further extended; and

WHEREAS, the term of the Agreement was extended for an additional one-year

period on March 1, 2001 and again on March 1, 2002 by virtue of the provisions of

paragraph 3(b) of the Agreement; and

WHEREAS, the Board has considered further extending the term of the

Superintendent's employment.

NOW, THEREFORE, be it resolved as follows:

Section 1. The Board hereby extends the term of the Superintendent's

employment for an additional one-year period through January 31, 2006.

Section 2. The remaining terms and conditions of the Agreement as

amended by action of the Board taken on March 26, 2001, June 11, 2001 and

September 4, 2002, are reaffirmed and will remain in full force and effect.

Section 3. This resolution shall take effect immediately.

The question of the adoption of the foregoing resolution was duly put to a vote on

roU caU, which resuLted as follows:

Sandy ChilsonTimothy FilkinsMichael GasparekDavid GleasonNoel HotchkissCathy MeixnerErica 0'BrienJoseph PatrickJeanne Pieklik

VotingVotingVotingVotingVotingVotingVotingVotingVoting

YesYesYes

YesNo

Yes

YesYesNo

The resolution was thereupon declared duly adopted. 7-2-0.

STATE OF NEW YORKCOUNTY OF ONONDAGA

)} 55.:

CERTIFICATION

I, Nelson WeU5peak, Interim School District Clerk of the Jordan Elbridge

Central School District, Onondaga County, New York, DO HEREBY CERTIFY:

That I have compared the foregoing resolution of the Board of Education of the

Jordan Elbridge Central School District, adopted March 5, 2003, with the original

thereof on file in my office, and the same is a true and correct copy of said original

and of the whole of said original so far as the same relates to the subject matters

therein referred to, and that all members of the Board of Education of said School

District had due notice of said meeting.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the

Jordan Elbridge Central School District this ...2t.h. day of March, 2003.

Nelson WellspeakInterim School District Clerk

(SEAL)

JORDAN ELBRIDGE CENTRAL SCHOOL DISTRICT

DISTRICT OFFICESP.O. BOX 902. CHAPPELL STREET. JORDAN, NEW YORK 13080

315-689-3978 .. Fax 315-689-0084

I

June 19,2003

Mrs. Marilyn J. DominickDistlict Office

Dear Mrs. Dominick:

This is to inform you that at the regular meeting of the IE Board of Education Meetingheld Wednesday, June 18, 2003, the Board approved the following amendments of yourcontract as Superintendent of Schools:

"VHEREAS, the Superintendent's term of employment is to continue throughJanuary 31,2006, unless further extended; and

WHEREAS, the Board and the Superintendent have agreed upon furtherrevisions to the Agreement as set forth below, and the Board wishes to authorize saidchanges by resolution.

Section 1. The Board hereby authorizes paragraph "7(a)" of the Agreement to beamended to read as follows:

(a) The Superintendent's base salary for the period from July 1,2003 to June30,2004 shall be at the annual rate of$106,863.00 thousand and 001100dollars ($106,863.00), to be paid in equal installments in accordance withthe rules of the Board governing salary payment to other Districtadministrative employees.

(b) The remaining terms and conditions of the Agreement as amended byaction of the Board are hereby reaffirmed and will remain in full force andeffect.

Keep up the good work!

WEH:jmb

Willi . HamiltonAsst. Superintendent for FinancelBusiness

Ene.

AMENDMENT TO EMPLOYMENT AGREEMENT

AGREEMENT, dated as of June 25, 2003 by and between THE BOARD OF

EDUCATION (the "Board") of the JORDAN-ELBRIDGE CENTRAL SCHOOL

DISTRICT, with administrative offices at Chappell Street, Jordan, New York

13080 (the ttDistrict") and MARILYN J. DOMINICK, (the tfSuperintendent").

RECITALS

WHEREAS, the Board and the Superintendent have entered into an

Employment Agreement as of January 24, 2000 (the ttAgreement"), pursuant to

which the Superintendent is currently employed as the chief executive officer

of the District; and

WHEREAS, the Superintendent's term of employment has been extended

through January 31, 2006; and

WHEREAS, the parties are entering into this agreement in order to

confirm certain modifications and amendments to the Agreement.

NOW J THEREFORE, in consideration of the mutual promises hereinafter

set forth, and other good and valuable consideration, the parties agree as

follows:

1. Paragraph Ill" of the Agreement is amended to read as follows:

7. Compensation. The salary for the Superintendent ofSchools for the school year commencing July 1, 2003 andending June 30, 2004, shall be One Hundred and Six

Thousand Eight Hundred Sixty-three Dollars ($106,863.00).Such salary shall be paid in equal installments inaccordance with the policy of the Board governingpayments of other professional staff members in theDistrict.

2. Paragraph rr1 O(d)" of the Agreement is amended to provide as

follows:

(d) Vacation Leave. The Superintendent shall be credited withthirteen (13) days vacation leave upon commencement ofher employment with the District. As of June 30, 2000 andevery June 30th thereafter during her employment by theDistrict, the Superintendent shall be credited with anadditional twenty-five (25) days of vacation leave. TheSuperintendent shall be entitled to accumulate up to amaximum of ten (10) days of unused vacation leave duringthe period of her employment with the District, which maybe carried over and used during any subsequent year ofemployment. In addition, the Superintendent may sellback up to five (5) days of unused vacation during anyschool year and the District shall compensate theSuperintendent for such days at the rate of 11240th of herthen current annual salary for each day. In the event theSuperintendent terminates her employment with theDistrict and retires with the New York State Teacher'sRetirement System, she shall be paid at the rate of 1/240thof her then current annual salary for each day of unusedaccumulated vacation leave. No payment for unusedaccumulated vacation days shall be made in the event theSuperintendent leaves the District to accept otheremployment. The Superintendent shall notify the BoardPresident whenever the Superintendent anticipates thatshe wilt be out of the District for more than a three (3)consecutive day period, a.nd may not take vacation days inthe month of June without the consent of the BoardPresident.

3. Paragraph rr12" of the Agreement is amended to provide as

follows:

12. Transportation. The Superintendent shalt be reimbursedfor mileage for the business use of her personal automobile

at the applicable "standard mileage rate" forreimbursement established by the Internal Revenue ServiceC'IRS") pursuant to Revenue Procedure 2002·61 or asfurther changed by the IRS from time to time during theterm of this Agreement. In the event the cumulativereimbursement for any school year during the term of thisAgreement is less than Four Thousand Two Hundred Dollars($4,200), the Superintendent shall be paid, in one lumpsum, the difference between the cumulativereimbursement amount and Four Thousand Two HundredDollars ($4,200) within fifteen days following the end of theschool year.

4. Paragraph "18{c)" of the Agreement is amended to provide as

follows:

(c) The Board determines to terminate theSuperintendent's employment without the necessityto establish just cause at a hearing conducted inaccordance with the procedures set forth inparagraph "19" hereof. Such a determination maybe made only after the Board and theSuperintendent have met in executive session todiscuss the fact that the Board may exercise its rightto terminate the Superintendent's employment inaccordance with the provisions of this paragraph r'18(c)" and the reasons therefore. In the event such adetermination is made, the Board shall prOVide theSuperintendent with at least twelve months prior r'~

written notice of termination, and shalt pay. the ~ rIJSuperintendent severance pay equal to S i'!.. (b) 1'f1-1Jmonths of the then current base salary being paid tothe Superintendent pursuant to paragraph fl7" of thisAgreement. The severance pay shall be payableupon the effective date of the termination of theSuperintendent's employment with the District.The receipt of such severance payment shallconstitute a release by the Superintendent of allclaims and causes of action arising from or related tothe Superintendent's employment by the District.

5. The aforesaid amendments to the Agreement shall be effective as

of July 1, 2003.

6. All other terms of the Agreement, as amended, that are not

inconsistent with the foregoing amendments shall remain in full force and

effect.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals

the day and year first above set forth.

BOARD OF EDUCATION OF JORDAN-ELBRIDGECENTRAL SCHOOL DISTRICT

By: Cml~~4~l..athy Meixner, President \

EXHIBIT C

•JORD"", • aLBRIDGE CENTRAl. SCHOOL DISTRICT

DISTRICT OFFICESP.O. BOX 902, CHAPPELL STREET, JORDAN. NEW YORK 13080

315-689-3978 • Fax 315-689...()()84

February 26, 2004

Mrs. Marilyn J. DominickSuperintendent of SchoolsDistrict Office

Dear Mrs. Dominick:

This is to infonn you that at the regular meeting of the JE Board of Education Meeting

held Wednesday, February 25, 2004, the Board approved the extension of your contract through

January 31, 2007.

WEH:jmb

EXHIBITD

JORDAN ELBRIDGE CENTRAL SCHOOLDISTRICT

DISTRICT OFFICE9 Chappell Street, P.O. Box 902, Jordan, NY 13080

bhamilton@jecsd.org • 315-689-3978 • Fax 315--689-0084

William E. HamiltonAssistant SuperintendentBusiness & Finance

July 2,2004

Mrs. Marilyn J. DominickDistrict Office

Dear Mrs. Dominick:

This is to inform you that at the Organizational/Regular Meeting of the J-E Board

of Education Meeting held Thursday, July 1, 2004, the Board agreed on the following

salary increase for the 2004-2005 school year as Superintendent of Schools:

$110,870.00 (3.75% of2003-2004 salary - $106,863.00)

Enclosed please find a salary notice for your signature. Please return the

appropriate copies to the District Office by July 9, 2004.

/'/ illiam E. Hamilton

/ School District Clerkl.

WEH:jmb

Ene.

Cc: Payroll

EXHIBITE

JORDAN ELBRIDGE CENTRAL SCHOOL DISTRICT

, DISTRICT OFFICESP.O. BOX 902, CHAPPELL STREET, JORDAN, NEW YORK 13080

315-689-3978 • Fax 315-689-0084

April 14, 2005

Mr. Dennis G. O'HaraO'Hara & O'Connell200 Salina Meadows Parkway, Suite 100Syracuse,~ 13212-4505

-Dear Mr. O'Hara:

I am writing this letter to inform you that the Board of Education recently tookunanimous action to terminate the appointment of the O'Hara & O'Connell Law Firm as one ofits school district attorneys.

This was a difficult decision because your firm served Jordan-Elbridge for nearly twodecades. Nevertheless, it was disconcerting for us to learn first through a rumor and then thenews media that your legal service had chosen to represent a party in a lawsuit that is directlyadverse to the best interests of our residents and taxpayers and for which they must shoulder asubstantial portion of the costs for a defense,

V{nile we recognize that you have every right to represent any party for whatever purposeyou choose, it would seem that the conflict of interest inherent in this situation was obvious andthat both courtesy and good ethical practice would dictate that you should have informed us ofthe situation. This would then have allowed us to make an informed decision as to whether ornot the circumstances might cause us to either continue or temporarily suspend our relationshipwith your organization. We were afforded no such courtesy.

You have our sincere appreciation for all the work you have done for Jordan-Elbridge inthe past.

Sincerely,

H~'~Noel J. HotchkissPresident - J-E Board of Education

MJH:jmb

Cc: Board of EducationFerrara, Fiorenza, Larrison, Barrett & ReitzMevec & Cognetti