Lawsuit demands fiscal records

Jan. 13, 2011

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

A New Castle school board member filed suit Monday to force the district to comply with a state agency’s ruling.

Barbara Razzano’s records request concerns the operation of the city’s youth football league, which is supervised by Red Hurricane head coach Frank Bongivengo Jr.

Yesterday, Lawrence County District Attorney Joshua Lamancusa said he was pursuing criminal prosecution of Bongivengo through the state Attorney General’s Office. Lamancusa said a state police investigation involving the coach’s reported use of league funds prompted the action.

The Office of Open Records ruled April 12, 2010, that Razzano was entitled to financial records and other documents regarding the youth football program.

The agency lacks enforcement powers. However, its rulings are binding. Razzano’s attorney, Ronald D. Barber, entered a petition with the county common pleas court to implement the Office of Open Records’ decision.

Razzano asked for 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.

“We gave them all records,” district solicitor Charles Sapienza Jr. said in October 2010. “We never possessed, controlled or created those records.”

He added the district never objected to disclosing the information.

Bongivengo and board member Mark Kirkwood each possessed records involving league operations. Those were turned over to the district.

The agency noted in its decision that the district entered into a relationship with the league in March 2008. When it did, “the district assumed operational and financial oversight.”

Ultimately, New Castle was required to gain control of the records, the agency said.

In his petition, Barber reiterated the district failed to fulfill Razzano’s request.
“There is no sufficient excuse to justify this,” he said.