Stories from

Robert A. Boyce, age 51 and a resident of East Pembroke, who was involved in an ATV accident at 8:16 p.m. yesterday has succumbed to his injuries at ECMC.

The investigation is ongoing but the Sheriff's Office states that both alcohol and speed are being considered contributing factors in the crash.

Boyce was riding his ATV on a trail near National Grid transmission lines about 200 yards off Hartshorn Road when he apparently failed to negotiate a turn.

Previously: East Pembroke resident seriously injured in ATV accident

Tomorrow voters throughout Genesee County will be asked to cast ballots for school board candidates in our area's eight school districts, although in many cases they will know little about the policy positions of those candidates because of school district restrictions on board member speech.

There are five school districts in Genesee County that bar school board members from publicly sharing their opinions on any school district issues -- Alexander, Byron-Bergen, Le Roy, Oakfield-Alabama, and Pavilion.

As The Batavian found over the past two weeks, these restrictions can even have a chilling effect on candidates who have not yet won a seat on a school board.

The first hint that these policies existed arose on April 23 when members of the Alexander Central School District Board declined to answer questions about policy issues in the district, citing a rule that required all statements to come from the district's superintendent, Catherine Huber, Ed.D.

That prompted an investigation by The Batavian into board member speech policies of all eight school districts in the county. We expected the Alexander policy to be an anomaly. But it isn't.

Five districts clearly prohibit school board members from making any public statements outside of a school board meeting.

School Board Candidate Questions
The Batavian sent five questions to each of the 17 school board candidates who are asking for your votes tomorrow. Only four returned responses.

Alexander Central School:

• Sara Fernaays (Did not respond)

Batavia City Schools:

• Pat Burk (Did not respond)
• Zach Korzelius (Did not respond)
• Shawna Murphy (Did not respond)

Byron-Bergen Central School:

• Amy Mathisen (Click here for response)
• Deb List (Did not respond)
• Bill Forsyth (Did not respond)

Elba Central School:

• Candy Bezon (Declined to respond)

Le Roy Central School

• William MacKenzie (Did not respond)
• Lloyd Miller (Did not respond)
• Lawrence Bonacquisti (Did not respond)

Oakfield-Alabama Central School:

• Tim Edgerton (Click here for response)
• Lorna Klotzbach (Click here for response)
• Douglas Esten (Did not respond)

Pavilion

• John Banister (Did not respond)
• Christopher Jeffres (Did not respond)

Pembroke:

• John Cima (Click here for response)

According to legal experts contacted by The Batavian, these policies likely violate the First Amendment rights of those school board members.

Robert Freedman, director of the state's Committee on Open Government, said he's run across these school district prohibitions before and he doesn't believe they would withstand a court challenge.

"Certainly, school board members should not be able to speak on behalf of the school board unless authorized," Freedman said. "But a school board member, like any other citizen of the United States, has the right, and should be encouraged, to speak on matters of public concern."

School board attorney defends speech restrictions
Jennifer Schwartzott, the attorney for the Alexander Central School District, defended her district's policy and said: "It has nothing to do with the First Amendment." She said state and federal law, along with regulations, commissioner’s decisions, and NYS case law support the position that only the superintendent can speak publicly.

NOTE:  Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.

Schwartzott also represents Byron-Byron Central School District.

Asked for legal citations to support her claim, Schwartzott responded, "I am not going to provide you with free legal advice or do your research for you. The extensive statutory provisions of the Education Law and the corresponding regulations are available online if you wish to review them."

At her suggestion, we looked at articles 31, 35, and 37 of the state's Education Code and couldn't find a single sentence to quote that supports her assertion that state law prohibits school board members from expressing their personal opinions on matters of public interest.

Here's what Schwartzott said about the state law: "The Education Law dictates that boards of education must appoint Superintendents, and the Superintendents shall be 'the chief executive officer[s] of the school district[s],' and 'speak on all matters' on the districts’ behalves."

The question, however, isn't whether board members can individually speak on the district's behalf but whether they can publicly share their own point of view on issues of importance to the district.

New York's education law also says the "superintendent shall be under the direction of the board of education." 

At her suggestion, we also searched for case law that supports Schwartzott's assertion that board member speech can be restricted and could find none.

We did find a case that confirms elected officials enjoy First Amendment protection for speech related to their elected duties. 

Republican Party of Minn. v. White, for example, states, “The role that elected officials play in our society makes it all the more imperative that they be allowed freely to express themselves on matters of current public importance.” 

We also found reference to a case in Arizona where a school board VP was demoted after criticizing the superintendent. A court ruled that the board had a right to pick somebody with opinions better aligned with its own views on policy matters but the former VP was allowed to retain his seat on the board.

We also couldn't find regulations nor commissioner's decisions that support Schwartzott's assertion. We spent hours searching through commissioner's decisions using various search terms and could not find any decisions that indicated school districts could restrict board member speech.

David C. Bloomfield, professor of Education Law at Brooklyn College and The CUNY Grad Center, whom we contacted with the help the Education Law Association, said he knew of no law or case law that prohibited school board members from answering the questions of reporters, or any other member of the public, or otherwise publicly sharing their own personal views on matters of public interest related to his or her school district.

“That’s protected First Amendment speech," Bloomfield said. “Individual board members cannot be prohibited from expressing their opinions publicly on district policies. They are not required to express their opinions but they may express their opinions as a First Amendment matter."

School Taxes
School board members make many decisions each year that affect the lives of local residents, including determining how much we pay in taxes. Here is a sampling of what percentage school districts take in local taxes.

• Alexander CSD in the Town of Alexander: 49 percent.
• City Schools, in the City of Batavia: 47 percent
• Byron-Bergen CSD in the Town of Bergen: 48 percent.
• Byron-Bergen CSD in the Town of Byron: 53 percent.
• Elba CSD in the Town of Elba: 50 percent.
• Le Roy CSD in the Town of Le Roy: 58 percent.
• Oakfield-Alabama CSD in the Town of Oakfield: 50 percent.
• Oakfield-Alabama CSD in the Town of Alabama: 53 percent.
• Pavilion CSD in the Town of Pavilion: 49 percent.
• Pembroke CSD in the Town of Pembroke: 52 percent.

He added, “A school board member can speak about their understanding of school district policies but should be clear they don’t individually speak for the school district. That is properly the responsibility of the board president or superintendent.”

Batavia, Elba, and Pembroke all have more permissive policies than the five districts that have essentially placed a gag rule on school board members.

Candidate questions
To test school board member's understanding of their district's policies on board member speech, we sent five questions to each of the 17 candidates for school board seats in tomorrow's elections. We sent the questions last Monday with a deadline of 5 p.m. Thursday to respond.

We received responses from only five candidates.

Four of those candidates answered the questions (see sidebar).

One candidate, and a current school board member, from Elba, declined to answer the questions even though Elba's policy appears to allow school board members to express individual opinions.

"Thanks for reaching out," said Candy Bezon from Elba CSD. "I think it's great that you're doing that. Being a current Board member, I wish to decline to comment at this time as our current policy is that any media communication should be directed to our Superintendent, Keith Palmer or Board President, Mike Augello. Thank you and I hope you're having a great day."

Palmer shared the district's written policy, which says in part, "The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue. No other member of the Board individually will speak for, or in the name of, the Board unless by explicit direction of the Board. Board members should emphasize to the media when asked to speak as a board member that they can only speak as a private citizen."

For the 12 candidates who did not respond to the questionnaire, we sent a follow-up request for comment Friday morning (we also sent a reminder email Thursday morning, ahead of the deadline) and inquired as to why they did not respond to the candidate's questions. Not one of the dozen who ignored the candidate's questions acknowledged the follow-up questions.

We actually communicated with one candidate seeking votes, Sara Fernaays, who is unopposed for school board in Alexander, through Facebook messages. She also did not respond. The prior week, The Batavian attempted to interview her after a school board meeting and she declined an interview saying she feared trouble with the school district if she spoke with a reporter.

Policies in Batavia and Pembroke
In our research to uncover specific school board policies for all eight school districts in Genesee County, we first contacted Pat Burk, president of the board for city schools.

Burk said the way he understood New York law, school board members could share their personal opinions but should be clear they are not speaking for the board. They also must be careful not to discuss confidential information, such as information regarding specific students.

There are state and federal laws that protect certain student information (but not all student information) from disclosure.

"They (board members) are allowed to give their opinion but it is only a personal opinion, it is not reflective of the Board," Burk said in an email. "Most Board Members should, of course, say something on an individual issue to the extent of, 'While I feel___________, this is a matter for the entire Board and together we support _____________.  I stand by the Board's decision.'

"So with that in mind," he added, "many choose not to speak individually as it really doesn't carry any weight other than it is a personal opinion. I always tend to be pretty open about my personal opinions on school matters as long as they can be discussed, but I am very certain that the person I am speaking to realizes that it is a personal opinion and not the decision of the Board."

We were surprised, then, when Burk, as well as the other two school board candidates (Zach Korzelius and Shawna Murphy) in tomorrow's city schools election, did not respond to our questionnaire. Nor did any of the three acknowledge our follow-up email.

When they failed to respond, we followed up Superintendent Christopher Dailey, who also said school board members were free to express their own opinions on matters related to the school district so long as they protected confidentiality, though it is best to refer questions to a designated spokesperson.

"For District policies and issues that our BOE votes on, the Board practice is to have a spokesperson to share the result of the decision of the Board, if asked by the media," Dailey said.

The other school district in Genesee County that does not restrict board member speech is Pembroke.

Superintendent Matthew Caledron engaged in a transparent and lengthy email exchange with The Batavian about the issue.

Calderon said he believes board members in Pembroke would abide by the policy that questions from a reporter be funneled through the superintiendent; they are not prohibited from sharing their personal opinions on matters before the board.

"I am the official spokesperson, and at Board meetings, it is the Board President," Calderon said. "Individual Board members cannot speak on behalf of the Board or District, and if an individual board members wished to share their personal views with a reporter (or anybody else), while they have the constitutional right to do so, they would probably opt not to do so because most matters are best left to the superintendent or Board President to discuss."

In Calderon's first email response to The Batavian, he pointed us to policy guidelines from the New York School Boards Association that recommends school boards have a designated spokesperson and that individual board members only speak publicly when they make it clear they are expressing their own personal opinion.

From Calderon's email quoting NYSBA policy guidelines:

... when making statements to stakeholders, the public or the media, school board members have a duty to distinguish personal opinion from the established policy or articulated views of the board.  Only the board as a whole, or its designee, has authority to speak for the board.  Therefore, whenever communicating about issues related to the district, each board member should clearly state that he or she is communicating a personal opinion and is not speaking for the board.

One of the four candidates to answer our candidate's questions is John Cima, school board president, and the only candidate on Pembroke's ballot.

What's interesting about Pembroke's more permissive policy is the law firm Osborn, Reed & Burk LLP represents Pembroke, according to the district's minutes for its 2017-18 organizational meeting. Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, who has defended the speech restrictions in those districts, is a partner in that Rochester-based law firm.

School districts that restrict speech
Here is an overview of the responses we got when we surveyed school district's on their policies:

Alexander: Their policy was uncovered through prior coverage, which sparked this investigation.

Byron-Bergen: Superintendent Mickey Edwards said "I am the official spokesperson for the District per my contract and Board Policy. 'All statements of the Board will be released through the Office of the Superintendent...' An individual Board member should not make public comment on District matters."

Le Roy: Superintendent Merritt Holley said: "Our Board Policy states #3110, 'All statements of the Board will be released through the Office of the Superintendent and/or District Clerk.' For Le Roy CSD, this policy would direct all statements or questions from the Board to come through my office for publication."

Oakfield-Alabama: Board President Kimberly Staniszewski responded to our inquiry and stated: "All communication is delivered to the media by our school Superintendent or his/her designee. No board member is permitted to speak to the media unless authorized to do so by the Superintendent. I have attached Oakfield-Alabama media policy #3110." The attached copy of policy #3110 is about news releases and is moot on the question of whether board members are entitled to their own publicly shared opinions. Nor does it explicitly direct board members to refer questions to the superintendent. We requested clarification from Staniszewski and did not get a response.

Pavilion: Board President Marirose Ethington responded by quoting the district's policy manual: "As the official spokesperson, the Superintendent or his/her designee shall issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk. Identifying a media spokesperson who will be briefed on all details. This spokesperson shall be the Superintendent or his/her designee. Only this spokesperson shall talk to and maintain a timely flow of information to the media."

Policies elsewhere
The Batavian performed a deep search of online resources to find any legal support for speech-restriction policies and could find none. Where we did find school boards and school board associations that address the issue, the common theme is: School boards should have an official spokesperson and emphasize that school board members are free to answer questions for public review but should emphasize they are speaking for themselves only.

In Ohio, for example, the Ohio School Board Association says: "Dealing with the news media can be intimidating, but responding to journalists is an important responsibility of school board members and administrators."

Stacy Bogard, a public relations specialist advising the Michigan School Boards Association wrote in a column, "you’ll want to do whatever you can to ensure that the media receives openness, honesty, accessibility and trustworthiness from every member of your board and administration."

Even the National School Board Association says that part of a school board member's job is talking with the media.

There have been a couple of attempts we found around the nation of school board members pushing to prohibit other school board members from talking with reporters and in those articles, attorneys and school board associations tend to agree such policies are unconstitutional, such as in New Jersey.

Janet Bamford, a spokesperson for the New Jersey School Boards Association, confirmed in a statement to the Herald on Friday that board members do indeed have that right and do not forfeit their First Amendment rights when serving on a school board.

"Typically boards, as a best practice matter, will designate someone to be the spokesperson for the district, usually the board president and the superintendent," Bamford wrote.

"However, school board members retain their First Amendment rights to comment on anything; however, they must make certain that it is known that they are only speaking for themselves, and not on behalf of the Board of Education."

In Houston, it was school board members who complained that district policies violated their free speech guarantees.

Local government reaction
Over the past two weeks, as we discussed these policies with elected officials in local government, they expressed surprise that such policies existed in local school districts, especially when school districts take such a large chunk of tax revenue from local property owners (see sidebar).

We asked Bob Bauch, chairman of the Genesee County Legislature about it, and he was just as shocked as everybody else and has a hard time believing it's actually true.

“I just can’t imagine a basis for that, if, in fact, it’s true -- that you could possibly tell an elected official they cannot talk to the press, particularly during an election campaign when they’re up for office,” Bausch said.

The way Jennifer Schwartzott, the attorney for Alexander and Byron-Bergen, sees it, school board members speaking at sparsely attended school board meetings should be sufficient for the public to understand their thinking on issues of public interest.

"The Education Law also confirms that in their individual capacities school board members do not have any greater power than other community members," Schwartzott said. "Their power to exercise their board duties arises when they are collectively assembled as a board, as is the case with most boards in municipal and even corporate settings. Community members who are interested in what the local board members have to say can attend board meetings when the members discuss issues, share their opinions, and make decisions."

NOTE:  Jennifer Schwartzott has left a comment on this story and communicated with us via email indicating she does not believe this story accurately represents her views. Please see her comment and our response below.

At school board meetings, members of the public, of course, are generally prohibited from entering into a dialogue with board members during board discussions to better probe each member's thinking on issues.

Bausch said he understands the need of reporters to ask questions after a meeting and thinks it is simply part of the process of informing the public.

“If you believe in a free press and public elections, I don’t see how you could possibly say you can’t talk to the press," Bausch said. "I mean, I could say something at Ways and Means that I’m going to vote a certain way and I and the other legislators could all agree and then vote.

"That doesn’t necessarily explain to you in any way what my thinking is on why I voted the way I did. It happens all the time, you could say, ‘I understand your vote but could you explain it to me?’ That’s your job if you’re going to represent yourself as a news person or a reporter or a member of the public.”

The Batavian emailed candidate questions to all 17 candidates in Genesee County's eight school districts that are holding elections on Tuesday. Only four returned completed questionnaires.  

This is the response from John Cima, the candidate lone in the Pembroke Central School District.

1. What is your position on your school district’s proposed budget for 2018-19? What parts do you support? What parts would you change if you could?

The Board voted unanimously to approve the proposed budget and we collectively support every part of it. We have had many discussions during the school year where we analyze budget items as a corporate body and made decisions based on that data. All board members are heard and we talk through any sticking points and concerns to reach consensus as a group. The proposed budget being presented to voters is one that all board members support without reservation. 

2. Are teachers in your district compensated adequately?

Collectively, I believe if you ask our teachers, they will tell you that Pembroke is a special place to work! As long as I have been serving on the Board we have looked at the District as a school district of opportunity for both students and staff. Being a rural school district we sometimes find ourselves having to do more with fewer resources than wealthier districts. Our teachers have risen to the occasion with creativity and a strong resolve. Our Board, I believe has done the same. While our teachers are not compensated as much as our neighbors in Erie County, we have worked hard to offer competitive salaries, and we are extremely pleased with the academic and extra-curricular achievements they have accomplished with our students.

3. Parents are more nervous than ever about school safety. Is your district’s communication to parents about school safety policies and procedures adequate? Should parents and the community be informed when a student makes a threat of violence against the school?

Safety and security are paramount and communication to parents is ongoing. When threats of violence occur, our school officials work closely with local law enforcement to determine the best course of action, including communications to parents, on a case-by-case basis depending on the circumstances.

4. Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

Yes. I hope that parents trust in the policies the Board has put in place to ensure open lines of communication when they have a complaint or concern. Sometimes parents are just looking for direction. I believe our Board has developed a policy that allows for open and honest dialog along with a proper chain of command. In most cases, this has led to the de-escalation of situations and rational solutions being agreed upon by all parties.

5. What two books published since The Enlightenment have influenced you the most?

I have read a lot of books and it would be too difficult to choose which two have influenced me the most. However, if you were to ask me why I wish to continue serving on the Pembroke Board of Education I will tell you that I have been influenced by a school district and community that is open to exploring OPPORTUNITY. Our students deserve the best that we can provide when it comes to their respective educations. Our role as a school board is to set policy that ensures that this happens in the most cost-effective, efficient, resourceful, and creative way as possible. 

The Batavian emailed candidate questions to all 17 candidates in Genesee County's eight school districts that are holding elections on Tuesday. Only four returned completed questionnaires. 

This is the response from Amy Mathisen, a candidate in the Byron-Bergen Central School District. Neither of the other two candidates, Deb List or Bill Forsyth, responded.

1. What is your position on your school district’s proposed budget for 2018-19? What parts do you support? What parts would you change if you could?

I support Byron Bergen's budget. I would change the constant decrease in aid for schools. Unfortunately, there are some variables that can not be changed, such as retirement, and teaching salaries. I was not involved in determining the budget, as I did not attend the meetings they had, mostly because I did not know they were occurring.

2. Are teachers in your district compensated adequately?

That is a loaded question and I an split on this topic. I think there are some that are under-compensated and others that are over-compensated. In my opinion there needs to be a way to determine an effective teacher, through confidential peer reviews, student reviews, and teacher reviews. I always reviewd my kids teachers thru elementary school by sending a letter to the superintendent. I do encourage other parents to do the same, not just in the bad years, but on the good years as well.

3. Parents are more nervous than ever about school safety. Is your district’s communication to parents about school safety policies and procedures adequate? Should parents and the community be informed when a student makes a threat of violence against the school?

Yes, I feel our school is safe. As far violent threats by a student there is a fine line there. I would hope our board would be notified and they would handle the situation appropriately. 

4. Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

Personally, yes I am satisfied with how complaints are handled at the district level. The superintendent is always very receptive to feedback and the board members I have brought issues to have taken steps to make changes, based on the complaints.

5. What two books published since The Enlightenment have influenced you the most?

I really am not a book reader. I am a here and now person; however, I am a quote girl and love Albert Einstein.

The Batavian emailed candidate questions to all 17 candidates in Genesee County's eight school districts that are holding elections on Tuesday. Only four returned completed questionnaires. 

This is the response from Tim Edgerton, a candidate for the Oakfield-Alabama Central School District board. There are two other candidates in the race: Lorna Klotzbach, who also answered our questions, and Douglas Esten, who did not.

1. What is your position on your school district’s proposed budget for 2018-19? What parts do you support? What parts would you change if you could?

Upon my review of the Oakfield-Alabama 2018-19 proposed budget I believe that it represents a collaborative effort by school officials to present a fiscally responsible budget to the community. The budget allows the district to maintain academic programming as well as continue to offer a variety of extracurricular activities to engage our students. Resources appear to have been appropriately allocated where the needs of the district are indicated. As costs continue to rise, the district must adjust resources to cover operating costs. Preparing and enacting a budget is a constant juggling act that requires oversight by school officials and community members. From last year’s budget to this year’s budget there has only been a slight increase in overall spending and the tax levy. I concur with the budget that is proposed, and at this time I would not make any changes to it.

2. Are teachers in your district compensated adequately?

This is a complicated issue because it involves a budget process and reliance in large part on the school aid that we receive from Albany. It is without hesitation that I agree that entry-level salaries for teachers could be improved upon, (as well as pay increments throughout their tenure), not only here at OA but across the nation. Unfortunately, the demands of a responsible school budget along with a decreasing tax base hinders administrators and school boards and diminishes the flexibility in this area.

3. Parents are more nervous than ever about school safety. Is your district’s communication to parents about school safety policies and procedures adequate? Should parents and the community be informed when a student makes a threat of violence against the school?

Overall the school district does a good job keeping the community/parents informed about situations involving student safety. Practice drills involving school lockdown are conducted throughout the school year. Security enhancements continue to be implemented/upgraded accordingly; parents are notified and brought into the loop regarding student safety issues promptly and as necessary. As is always the case, there is always room to enhance current procedures and communication. This is an area that requires school officials and Board of Education members to be extremely proactive. They must continue to seek out best practices across the world, and where possible, implement them accordingly.

4. Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

I feel that the school administration and teaching staff do a sufficient job in addressing parents concerns regarding their children and situations that develop within the school. However, there are always opportunities to improve the methods and processes that are utilized. School officials should be encouraged to continuously seek out best practices that are utilized by other school districts throughout the nation and explore implementing them.

5. What two books published since The Enlightenment have influenced you the most?

The two books that have influenced me the most are The Carrot Principle by Adrian Robert Gostick, and Chester Elton, and Pyramid for Success by John Wooden. From The Carrot Principle, I absorbed the importance of positive reinforcement and recognition. Everyone, be they teachers or students, need and should be given recognition for achievements and going above and beyond the call of duty. Pyramid of Success I believe is an excellent guide through, and preparation for life. It emphasizes the importance of an individual’s character, which I believe is all-important, especially an individual’s character when no one is looking. If the principles in this book were appropriately applied in a school setting, I believe that administration, faculty, and students, could all achieve maximum potential.

The Batavian emailed candidate questions to all 17 candidates in Genesee County's eight school districts that are holding elections on Tuesday. Only four returned completed questionnaires. 

This is the response from Lorna Klotzbach, a candidate for the Oakfield-Alabama Central School District Board. There are two other candidates in the race: Tim Edgerton, who also answered our questions, and Douglas Esten, who did not.

1. What is your position on your school district’s proposed budget for 2018-19? What parts do you support? What parts would you change if you could?

I will vote “yes” on the budget for 2018-2019. There are allocations of funds in it that I would change. I would reduce administrative and other costs in favor of maintaining good academic programs that are now in place, but which are being cut in the new budget. I would change the way our computer technology monies are being spent because I have not seen benefits from several of the BOE’s 2017-2018 technology spending decisions, and doubt the wisdom of some of their new budget decisions as well. 

2. Are teachers in your district compensated adequately?

Teachers at OACS are compensated adequately for most things that we do. Of course, we all tend to want more than we have! We have difficulty finding competent substitute teachers so when we do find competent ones, those individuals should be paid more for their competence. My major disagreement with OA teacher compensation is that some non-athletic extra-curricular positions are not compensated at a rate equal to the athletic coaches. Many of these positions require as much time, creativity and student-teacher interaction as the athletic coaching positions do. Since many of these positions are, perhaps, more likely to prepare students for future successes in college, career, and character, they deserve as much compensation as the athletic positions.

3. Parents are more nervous than ever about school safety. Is your district’s communication to parents about school safety policies and procedures adequate? Should parents and the community be informed when a student makes a threat of violence against the school?

OACS administration keeps their public informed of threats to student safety. OA administration makes use of the “robo-calling” system and letters/emails to inform parents of problems as they become aware of such problems. If upon investigation, threats made by students seem to be credible, then the public should be informed. In our small community, many people are interested in, and affected by, the school’s schedule so our district’s notification system would be more effective if it was extended to residents who are not also parents or teachers.

4. Are you satisfied that your district responds to parents’ complaints and concerns in a way that ensures the parents know they have been heard?

There are many stakeholders in our district, including parents. There are also teachers and students who are most affected by BOE and administrators’ policy and daily decisions. Our district could improve its response to all stakeholders’ complaints, compliments, and concerns.

5. What two books published since The Enlightenment have influenced you the most?

The two books published since the Enlightenment that have influenced me the most have been modern translations of the Bible, and “Hawaii,” by James Michener. I followed my siblings’ example and read that big novel while still very young. It taught me to read more than just the dialogue pages. It opened up to me the influences of history, geography, cultural norms, and politics on regular people’s daily lives. I read books much differently after I grappled with all of the novel’s “other pages” of description and discovered the wealth they could deliver. The modern translations of the Bible challenged and deepened my Christian faith beyond a childlike conformity to my family’s norms. The modern language Bible showed me a living God.

The Sheriff's Office is investigating an ATV accident reported at 8:16 p.m. Sunday in the area of 8706 Hartshorn Road, Batavia; it seriously injured the rider.

Robert A. Boyce, 51, of East Pembroke, was transported via Mercy Flight to ECMC with unknown injuries.

The preliminary investigation indicates Boyce was traveling east on the trail along National Grid power lines about 200 yards from Hartshorn Road when he failed to negotiate a turn, rolling his ATV. 

Assisting at the scene were Mercy EMS and East Pembroke fire.

The investigation is being conducted by Sgt. Andrew Hale, Investigator Christopher Parker, and Deputy Travis Demuth.

(Initial Post)

City fire and Mercy EMS have been dispatched to Central and Jackson to tend to the victim of an assault.

Local law enforcement went to the secure channel several minutes ago. We don't know if these dispatches are related.

UPDATE 12:30 a.m.: Police officers are still sorting out what happened. We also spoke to a witness. A group of Genesee Community College students was walking on Central, possibly back from their "party house" on Central, where there may have been a prior confrontation. There was a confrontation between the students and another group at Jackson and Central. The other group carried at least two baseball bats. A witness who identified himself and the approximately dozen other people in the area as GCC students said one member of the other group pulled out a gun and started hitting one of the students in the face with it. He said the victim's face "was messed up." Later, medical personnel were looking with flashlights for teeth in the area of the assault. If found, a medic said, they could be perhaps re-implanted. Four or five people were being treated for head wounds. A Mercy ambulance just transported three people to UMMC.

While this was going on, police received a report of an unresponsive woman in a vehicle at 113 Jackson. That was unrelated and she was conscious and alert when we left the scene.

The incident that State troopers went to LE secure earlier must be unrelated to the Jackson Street incident since there were no troopers at Jackson and Central.

The Sheriff's Office did assist with Jackson and Central.

An accident is reported on North Byron Road, perhaps in the area of 5500 N. Byron Road, Byron.

One person has self-extricated. Another person is still in the car, possibly with broken ribs.

A utility pole is sheared off and wires are down.

UPDATE 9:41 p.m.: Both patients extricated.

UPDATE 9:53 p.m.: One patient being transported to Strong, the other to UMMC.

An accident is reported in the area of 1315 Ledge Road, Alabama.

The car hit a utility pole and injuries are reported.

The pole is standing but lines are down.

Alabama fire and Mercy EMS dispatched.

An ATV accident with possible serious injuries is reported in the area of 8172 Hartshorn Road, Batavia.

Two subjects in and out of consciousness.

Mercy Flight #7 out of Batavia is on a ground standby

East Pembroke fire and Mercy EMS dispatched.

The location is about 200 yards from Hartshorn.

UPDATE 8:23 p.m.: The location is apparently behind the East Pembroke Fire Hall.

UPDATE 8:27 p.m.: Mercy Flight will not be required.

UPDATE 8:28 p.m.: Now there is only mention of one patient. East Pembroke will use its ATV to transport the patient to the ambulance at the road.

UPDATE 8:34 p.m.: Mercy Flight is now requested to the scene.

UPDATE 9:08 p.m.: East Pembroke is in process of clearing the scene.

An apparent house fire is reported at 7354 N. Bergen Road, Bergen.

A retired city firefighter on scene says the fire appears to be in the basement. No flames showing but heavy black smoke.

Bergen fire dispatched along with Byron, South Byron, and Le Roy.

UPDATE 5:57 p.m.: The location is between West Sweden Road and Wood Road.

UPDATE 6:28 p.m.: The fire is under control. The family was away from the residence and took the family dog with them. A pet cat inside the residence died at the scene due to apparent smoke inhalation. Tanker is returning, in service.

UPDATE 7:48 p.m.: A Red Cross response is canceled. The family will stay with neighbors.

UPDATE 7:57 p.m.: Red Cross is continuing to the scene. They have other services to offer the homeowners.

UPDATE 8:12 p.m.: The actions of retired City Fire Captain Pat O'Donnell probably helped save this residence from complete destruction. He closed up windows and doors prior to firefighters arriving on the scene and was able to provide crews with the precise location of the fire once they arrived. "Closing up the house is very important," said Bergen Chief Chuck Dodson. "Out here where we have no water supply, we depend on tankers, we really need all the advantages we can get. Anytime we can get a fire closed up, limit the oxygen, limit the size of the fire, we’re going to be more successful."

UPDATE 8:21 p.m.: Bergen assignment back in service.

This is a form of interior ventilation I had not seen before. The flow of water pressure creates a kind of vacuum in the interior to help suck smoke out of the building.

The horses across the street were a little spooked by all of the activity.

Batavia High School beat Attica 10-4 in the championship game of the Rotary Tournament on Saturday evening at Dwyer Stadium.

Earlier in the day, Batavia advanced behind the one-hit pitching of Hunter Mazur as Batavia beat Oakfield-Alabama, 7-0.

Jake Humes was the winning pitcher in the nightcap. Humes pitched 5 2/3 innings of no-hit ball before giving up four runs and three hits with two outs in the sixth inning

Tournament MVP was Batavia’s Griffin Della Penna, who went 4 for 7 with five RBIs over the tournament's two games.

Attica advanced to the final by beating Notre Dame 17-1 in a game shortened to five innings. Sam Cusmano picked up the win for Attica.

Thanks to Paul Spiotta for providing the information for the recaps of the games.

A garage fire is reported at 2468 Walker Road, Darien.

The garage is near a residence.

Darien fire and Mercy EMS dispatched.

UPDATE 10:38 a.m.: Alexander fire and Corfu fire dispatched. Law enforcement on scene reports light smoke showing.

UPDATE 10:41 a.m.: There are three 20-gallon propane tanks on the second floor of the structure and three or four five-gallon gas tanks on the first floor.

UPDATE 10:44 a.m.: Alexander fire can continue non-emergency and Corfu can stand by in their fire hall.

UPDATE 11:03 a.m.: Fire is out. Now doing overhaul.

There was more than just tea in some of the cups at the Mad Hatter Tea Party for adults this evening at GO ART! The party featured Vivian Darling -- Drag Queen Extraordinaire, from Rochester.

There are too many Republican votes in the State Senate that are holding back important reforms that will move New York forward and Joan Elizabeth Seamans would like to replace one of them.

She's got her eye on the District 61 seat currently occupied by Michael Ranzenhofer.

"It is time that we (Democrats) get another vote in that Senate so we can have sensible laws and things that benefit our community," Seamans told a group of activist women gathered for a political workshop at the Dibble Family Center in Batavia.

"We have high taxes. It's a Republican problem and I'm going to tell you why. As long as we keep having corporate welfare and sending money downstate to luxury developers and not investing in our people we have a problem."

Seamans said she is one of nine children from her family and that they grew up poor. At 13, she had to start earning her own money to buy clothes for school. She has been in business for herself her whole life and has served in various political and civic groups.

The issues she raised today included early voting, the opioid epidemic, health care (she favors single payer), criminal justice reform, and bail reform.

She said New York needs sensible gun laws and criticized Ranzenhofer for voting against bipartisan legislation that would bar people convicted of domestic violence from possessing guns.

"This is is what sensible gun reform is," she said, "yet my opponent voted against this legislation. His no vote is obscene and demonstrates a voting record that is not only out of touch but it is anti-woman."

The biggest reform Albany must tackle, she said, is campaign finance, particularly the LLC loophole, which enables large donors to establish multiple limited liability corporations to make donations to political candidates at the $60,000 limit for each.

She said a "luxury developer" downstate has donated $100,000 to Ranzenhofer.

"That corporation has received hundreds of millions of dollars in tax breaks," she said, and then added, "This is why we need campaign finance reform, because we have corporations supporting candidates who give tax breaks to the wealthiest down state when we when we need those resources back here in Western New York."

The Auto Wash Car Wash on West Main Street Road in the Town of Batavia is holding a three-day grand opening celebration. Today, staff served hot dogs and hamburgers and offered half-price car washes. Tomorrow, Mother's Day, Auto Wash is offering mothers half-price on basic car washes from 10 to 2 p.m.

Top photo, manager Zach Letta and regional manager Greg Farkas.

There was a Mad Hatter Tea Party for kids today at GO ART! with sweet and savory snacks and, of course, tea. The children also got to play games, such as musical chairs.

An accident with injuries is reported at 353 W. Main St., Batavia, in front of Settler's Restaurant.

City fire and Mercy EMS responding.

UPDATE 11:28 a.m.: Fender bender. No injuries; The parties involved are sign-offs.

Bryon Hoot, a poet from Pennsylvania who visits Batavia often for literary events, reads some of his poetry at Moon Java this evening for the debut event for The Visual Truth Theater Ensemble, a literary group organized by Eric Zwieg.

Zwieg, Julian Tuast, and Cole Rogers also read from their work. Richard Beatty was the emcee for the reading.

Richard Beatty

Cole Rogers