News seeks court help to get report

April 14, 2006

BY PAT LITOWITZ
PLITOWITZ@NCNEWSONLINE.COM


The New Castle News and the New Castle Area School Board are heading to court again.


In an action filed earlier this week in Lawrence County common pleas court, The News asked the court to review the newspaper's request to obtain a copy of the Harper Report. The report was an investigation undertaken by local attorney Richard Harper.


On March 4, 2004, the district hired Harper to conduct an independent review of the state's audit findings against the district. The Department of the Auditor General released a report critical of the district in July 2003.


The department's Office of Special Investigations focused on a 2002 conference in New Orleans in addition to the business dealings of assistant superintendent Nick DeRosa. Of the principals involved, Allan Joseph remains on the school board, while DeRosa announced plans to retire at the end of the school year.


"We are disappointed one more time that the New Castle Area School Board has decided to attempt to keep the public's business away from the public," said Max Thomson, News publisher. "It seems to be a repeated theme of secrecy with the New Castle school board.


"It's getting to the point where the public can rightfully ask what exactly is the school district trying to hide."


School Superintendent George Gabriel and district solicitor Charles Sapienza declined to comment.


A source familiar with the Harper Report said that it places DeRosa in a negative light but falls short of calling for disciplinary measures against the assistant superintendent.


The report was not officially presented to the board nor was any action taken on it. Citing the state's Right to Know Law, The News requested the report on Jan. 28.


In an effort to avoid litigation, News attorney James Manolis proposed that he and Sapienza review the document and delete portions that dealt with personnel matters. Sapienza and Manolis were scheduled to meet March 20, but the board directed Sapienza to cancel meeting. That action came when DeRosa's attorney, Louis Perrotta, objected to The News' review of Harper's work.


In executive session last week, the board voted against releasing the report, The News learned.


Board member Philip Conti said he favors disclosure, although he's following the solicitor's advice.


"I'm no attorney," he said. "I rely on the solicitor when it comes to school district legal matters. He's telling us that we would be violating the state's Right to Know Act by releasing it."


In addition to the Harper Report, The News is seeking court costs and attorney fees.


"We believe the public has the right to see the facts as outlined in attorney Harper's report," Thomson said. "We are confident the court will agree."


This is the second ongoing court case involving The News and the district.


The district has appealed the awarding of attorney fees to The News that resulted from a September 2004 lawsuit involving the district's uniform policy. The News successfully argued to have the settlement unsealed.


In a second victory for the newspaper, common pleas Judge Michael Wherry awarded attorney's fees, which are just under $8,700. The district was also ordered to pay court costs of approximately $200.


The district has paid Sapienza $6,233.75 for representing the district against The News in the lawsuit. If it loses the appeal, the district does not have insurance coverage to pay for the settlement.


Last year, Sapienza received $97,585.75 as district solicitor.