STATE OFNEW YORK STATE EDUCATION DEPARTMENT

In the Matter of
Carl P. Paladino 295Main Street, Suite 210 Buffalo, New York 14203 Petitioner, -vs-

VERIFIED PETMON

Dr. Barbara Seals-Nevergold as Board President and Member-at-Lar ge Buffalo Board of Education Buffalo Public Schools 7LZ City Hall Buffalo, New York 1,4202 Respondent

Pursuant to Section 306 of the Education Law of the State of New York

TO THE COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK:

Petitioner, as and for a Verified Petition pursuant to Section 306 of the Education Law of the
State of New

York and the applicable Regulations of the Commissioner of Education

respectfully shows and alleges as follows:

1) At all times herein Respondent

Dr. Barbara Seals-Nevergold is an at-large member of the

Buffalo Public Schools Board of Education ("Board"), having been appointed in 2011 to

fill

a vacancy

for an at-large seat, and Respondent also currently holds the office of

President of the Board, having been elected thereto by said Board at its July 20L3

organizational meeting.

Z)

This petition seeks the removal of Respondent Seals-Nevergold from her position as a
member of the Board, and derivatively therefrom as its current president pursuant to New

-t

York State Education Law $306, upon the grounds that she is guilty of willful violations
of law and Board Policy.

3)

The factual particulars upon which this petition is based are as follows:

a. Respondent

was appointed to

fill

a vacancy created by the resignation

of atJarge

member Chris Jacobs in 2011 by approval of a majority vote of the Board,

pursuant to Board Policy #1240.

b.

According to Board Policy #1240, the "person so appointed in the place of any
such member of the Board shall hold his/her office until the next Annual Election

of Board members."

c. The "next Annual Election of Board members" after the aforementioned

appointment was held on May 7,20t3.

d. Respondent e.

was not a candidate in the Board elections held on May 7,201,3.

Respondent therefore has been wrongfully and illegally serving as a member the Board since July 1,,20L3.

of

4) Petitioner contends, in conclusion, that the Respondent's violation of policy as

hereinabove specified constitutes both a willful violation of law and Board Policy. s) For all of the reasons as so stated, Petitioner respectfully requests that the Commissioner

of Education remove Respondent from her positions both as President and as a member of the Board of Education pursuant to Section 306 of the Education Law of the State of
New York.

Dated: Buffalo, New York November 1,3,2013

CARL P. PALADINO 295Main Street, Suite 210 Buffalo, New York 14203 (716) 8s2-8222