Judge rejects district’s effort to dismiss lawsuit

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Judge J. Craig Cox rejected a motion Monday to dismiss a lawsuit seeking the enforcement of an open records ruling.

The Lawrence County common pleas judge denied the New Castle school system’s request. Cox did not provide an opinion with his ruling.

A hearing involving the district and board member Barbara Razzano will take place at 9:30 a.m. April 4.

Razzano’s attorney, Ronald D. Barber, petitioned the court in January to require the district to comply with the state Office of Open Records ruling. Razzano wanted paperwork associated with the operation of the city’s youth football league, which is supervised by Red Hurricane head coach Frank Bongivengo Jr.

The state agency backed Razzano in a April 12, 2010, finding. Although the agency lacks enforcement powers, its rulings are binding. Razzano filed her enforcement petition nine months after the agency’s decision.

In court paperwork, district solicitor Charles Sapienza maintained the district did all in its power to comply with Razzano’s request. He added the school system did not possess, control or create the records.

The information given to her came from Bongivengo and board member Mark Kirkwood.
Sapienza also argued that Razzano had engaged in “litigation without limitation.”

He noted the state’s Right to Know Law does not permit filings to the common pleas court 30 days after an appeal period.

“(Razzano) cannot nor should not have an indeterminate amount of time to file (her) petition,” he wrote.

The Pennsylvania State Police conducted an investigation of Bongivengo. On Jan. 12, county District Attorney Joshua Lamancusa said he asked the state Attorney General’s Office to pursue criminal prosecution.

As of yesterday, no charges have been filed.