ATGEN, PA — During the regular meeting of the Octorara School Board on September 11, 2023, one of the board members, Anthony Falgiatore, made his way to the audience side of the table. He intended to address his fellow board members, as well as the public, concerning the ongoing lawsuit against the board.
Falgiatore has been vocal about his opposition to the district’s payment of attorney’s fees in defense of a lawsuit initiated by John Ryan Miller. The plaintiff alleges that the board’s comment policy is unconstitutional and infringes upon his rights. All board members, with the exception of Falgiatore, as well as district staff, the Chester County District Attorney, Pennsylvania State Police, and local police are named in the suit.
The crux of Falgiatore’s argument is that the board members named in the suit are being sued as private individuals, not as representatives of the district, therefore, the district’s money should not be used for their defense.
“I have a lawful duty to object to the misappropriation of taxpayer funds in a private legal matter as well as any other wrongdoing brought to my attention,” Falgiatore stated during the public comment portion of the meeting. He further declared, “I will not be speaking to or responding to anything related to a private legal matter during school board-related functions.”
This statement follows an incident during the August 21 board meeting where Vice President Brian Fox accused Falgiatore of sharing “confidential information” with the plaintiff. The alleged breach involved a “private email” about school safety from the former Superintendent forwarded to Miller. This led to concerns among board members about a potential conflict of interest. In response to this, board member Matthew Hurley expressed his belief that sharing information with someone suing the district is a conflict of interest.
Board President Samuel Ganow addressed Falgiatore’s comments in his closing remarks at the September 11 meeting, acknowledging them as a deflection, not a denial, of the allegations. He mentioned that some board members requested a motion to censure, but deemed it pointless. Ganow emphasized the need to move forward, as the situation is taking the focus away from where it should be.
As the lawsuit continues, the Octorara School Board remains divided on these critical issues, prompting concerns about the future direction of the district.
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