GIRARD SCHOOLS Judge: Officials did not neglect duty

The judge noted that even though 1,600 people signed a petition to remove school board members, only six testified during the recall trial.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A judge has ruled that three Girard Board of Education members can retain their seats.
Visiting Judge Mitchell Shaker ruled Tuesday that there was not enough evidence to prove that three board members -- Jamie DeVore, Jane A. Harris and Richard Ragozine -- were guilty of gross neglect of duty.
The judge announced his decision during a press conference in Trumbull County Common Pleas Court. The judge also filed a six-page ruling giving his reasons for the decision.
"While there seems to be some errors in judgment as to some board members, those actions or failure to act do not meet the statutory definition or description of gross neglect of duty," Judge Shaker ruled.
The trial
The judge's ruling comes about two weeks after a trial on whether the board members should be recalled from office. The judge presided over the two-day trial.
A citizens group, Girard Concerned Parents, petitioned to remove the members, saying the three were aware that a health hazard existed in Girard Intermediate School months before they closed the building in May 2001.
The judge noted in his ruling that even though 1,600 people signed the petition to remove the board members, only six testified during the trial.
Reaction
A few members of the group who attended the press conference said they were disappointed but do not plan any further legal action.
Sebastian Rucci, attorney for the petitioners, left the courtroom shortly after the ruling was announced and could not be reached to comment.
Atty. Bruce A. Zaccagnini, who represented the board, and the three members said they were "extremely pleased" with the ruling.
"We didn't hide anything," DeVore said. "We would never willfully put children in harm's way."
Information sharing
The board members testified they were not made aware of the severity of health problems of pupils, faculty and staff until a board meeting April 24, 2001.
Complaints of runny noses, itchy eyes, dizziness, vomiting and more were reported to the school's nurse beginning in October 2000, according to testimony Tuesday, but the board members said they relied on information given to them by then-Superintendent Anthony D'Ambrosio, who told them there were only a handful of complaints.
D'Ambrosio was not called to testify during the trial.
The school nurse, Michelena Pruneski, testified that she did not contact school board members until March or April 2001.
"Ms. Pruneski had the responsibility to keep the school community and certainly the board aware of any serious health problems in the school," the judge's ruling states. "Her reliance on the procedure through the principal and others was misplaced, even though the court finds her to be a reliable witness."
The problems at the middle school were the result of inadequate ventilation and fungi found in carpeting, according to environmental consultant Clayton Group Services of Akron.
The school reopened this year after work to resolve the problems was completed.
sinkovich@vindy.com