Razzano continues records chase

Oct. 8, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Barbara Razzano will go to court to enforce an open records ruling against the New Castle Area School District.

“We’ve decided to move ahead with that,” said Pittsburgh attorney Ronald D. Barber, who represents the school board member.

He would not disclose when the filing would take place.

District solicitor Charles Sapienza said Razzano already has information on the city’s youth football program.

Razzano asked for documents dating back to March 2008 when the school board voted to have Red Hurricane head coach Frank Bongivengo Jr. oversee the program. She maintains the district has not fulfilled her request.

“The position of the administration and myself is that we have complied with the directive of the (Pennsylvania) Office of Open Records,” Sapienza said during the school board’s September work session.

“We gave them all records. We never possessed, controlled or created those records.”
In April, the district filed a petition for review of the state agency’s decision. The action occurred when the district learned board member Mark Kirkwood also had financial records relating to the program.

Sapienza said he was satisfied Bongivengo and Kirkwood made good-faith efforts to provide the materials Razzano wanted.

Days prior to the Aug. 31 pretrial hearing in Lawrence County common pleas court, Sapienza asked Judge J. Craig Cox to discontinue the case. However, Cox wanted to meet with the parties.

Sapienza reportedly told Cox that the district would provide whatever records Razzano believed she still did not possess.

“I’m telling you all (Bongivengo and Kirkwood) have told us, ‘That is all there is,’” Sapienza said to the board.

He added Razzano’s attorney made no request for records during the session with the judge, who had agreed to dismiss the district’s petition.
“If they believe there is something specific that has not been turned over, then let us know,” Sapienza said.

Terry Mutchler, the Office of Open Records’ executive director, said it is up to Razzano to move her case forward. She said the agency is awaiting a state Commonwealth Court ruling regarding its enforcement powers.

Razzano’s second notice, submitted in December, sought the following items: an original bank statement with balance totals and check descriptions; deposit slips, bank information from March 12, 2008, through June 17, 2009; a list of all signers for banking; and the minutes and names/titles of the executive committee.

A Pennsylvania State Police investigation is continuing into Bongivengo and the city youth football program’s finances. No announcement on the case is expected to take place until the season concludes.

The district does not fund the program and Bongivengo did not receive compensation. Concession sales at Taggart Stadium during the district’s football games provide the money necessary for operations.

A group of volunteers now handles the funds associated with the youth teams, while the ’Canes coach oversees the football operations.