District seeks to overturn ruling

May 18, 2010


By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Lawrence County’s common pleas court has been asked to referee an open records dispute.

The New Castle Area School District filed an appeal last week in response to a ruling from the Pennsylvania Office of Open Records. Last month, the agency ordered the district to honor board member Barbara Razzano’s request for records involving its New Castle Youth Football League.

The school board approved the legal challenge during its April 21 executive session. Razzano said she was not present when the decision was made.

Solicitor Charles Sapienza said the district does not possess the records. What has been obtained came from Red Hurricane head football coach Frank Bongivengo Jr. Those documents have been turned over to her.

During its March 12, 2008, meeting, the school board agreed to take over the city’s youth football organization. Razzano supported the move as part of the board’s 9-0 vote.
Bongivengo volunteered to run the program. He established a booster club, New Castle Football, to fund the operation. The group earns revenue during the football season from Taggart Stadium concession sales.

The district spent approximately $23,000 on equipment, uniforms and others supplies for participating students. That has been its investment in the program.

In a right-to-know request dated Nov. 11, 2009, Razzano asked for information on the youth program’s operations, dating back to March 12, 2008. Superintendent George Gabriel had to contact Bongivengo for the documents.

Sapienza said the district cannot legally compel Bongivengo or the New Castle Football boosters to produce and provide records.

A hearing to determine if the appeal will move forward is scheduled for 1:30 p.m. June 7 in Courtroom No. 3 in the Lawrence County Government Center.

Through Bongivengo, the district has provided records dating from October 2008 through March 6. They include deposits, receipts, bank statements and meeting minutes.

However, Razzano said in a May 6 correspondence that the records still do not satisfy her request.