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Misconduct issue grows in Gowanda

GOWANDA — Accusations of cover-ups and secrecy resulted in yet another tense Gowanda School Board meeting this month.

Strong feelings were expressed regarding the special meeting held May 14, when Gowanda school board members David Barnes and Janet Vogtli were charged with official misconduct pursuant to New York State Education Law 1709 (18). Now, both would like the public to know the extent of those charges as specific details of the alleged misconduct were discussed during executive session.

The charges came after several weeks of controversy surrounding the behavior of Barnes and Vogtli, who have both been supportive of layoffs in light of anticipated budget cuts due to the pandemic. While their views on these issues are not inherently problematic, the ways in which they expressed those views upset many district residents. In April, a petition was created to remove both members after a particularly contentious meeting during which Barnes used profanity and Vogtli told another board member to “shut up.” Since then, district residents have attended board meetings to complain about the unprofessional behavior of both and call for their resignations.

During the round table portion of the most recent regular board meeting earlier this month, Barnes said, “The board voted to go forward with trying to have me removed from the board, and I’ve been speaking with my attorney, and I would like the charges of what you’re asking to remove me for to be made public.”

Board President Mark Nephew asked Barnes if he is interested in having a public hearing regarding the matter. Barnes said yes and made a motion to hold a public hearing, which was promptly seconded by Vogtli.

Nephew said that he needed to contact the district’s attorney first. Barnes replied, “If you get to accuse me in public, then you get to say what you accuse me of. It’s irrelevant what the attorney says. It’s my reputation you’re damaging — not anyone else’s.”

Nephew again said that he wanted to table the motion until he can speak with the district’s attorney. “If there’s no issue with it, I’ll make sure it’s released,” said Nephew.

Vogtli commented, “I’d like to know the people who have accused me on every single one of the charges. All it says is ‘administrators.'” She then called for a vote to have the charges made public, as well as the names of those who made the accusations.

Barnes said, “I just want the charges to be made public, and I want the public who voted for me to know what I’m being accused of.”

Board member Dana Szalay Delaney said she was not comfortable voting on the matter until Nephew discussed it with the attorney.

Barnes raised his voice in response. “You’re not comfortable telling people what you’re charging them with who ask for the public to know? It’s not like I’m trying to cover it up. You guys are trying to cover something up.”

Delaney replied, “First of all, I would appreciate it if you would talk to me in a nice, calm, professional tone. Second of all, I’m not opposed to sharing what’s being said. However, I want to follow proper procedure so that we are not impeding the process. I am not opposed to sharing what was reported. I do have an issue sharing particular things because I have a concern of some people feeling they’ll be retaliated against.”

Vogtli said, “If they accuse us, they have to come forward or it’s a moot point.”

Nephew made a motion to table Barnes’ motion to release the charges to the public. Barnes shouted in response, “More crap so that you guys can cover stuff up.”

Nephew said that the only individuals who have copies of the charges are Barnes and Vogtli; however, because that information was discussed in executive session, neither board member can take matters into their own hands and share it with the public themselves.

In the end, the majority of the board including Delaney, Lynn Guzzetta, Nephew and Barbara Weston voted in favor of tabling Barnes’ motion until Nephew can consult with the district’s attorney. The next meeting of the Gowanda School Board is Wednesday at 6:30 p.m. via Zoom.

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