UPDATED: Trippett Tells The Other Side of the Story

At the Monday evening Board of Education meeting, Lewis P. Trippett, previous President of the Board of Education, the man closest to contract negotiations with Dr. Saul Yanofsky, read a prepared statement relating his version of the events leading up to Dr. Yanofsky not being offered a new contract. WPCNR obtained the statement from Mr. Trippett and, the following is the text of his entire address. A video replay of the meeting will be cablecast by Channel 73 at 7:30 PM and 9:30 PM Thursday by White Plains cable.

The School District Wednesday refused to release the “Letter of Intent” (WPCNR terminology) referred to by Mr. Trippett in the following statement, citing that it is an intra-agency document, and not subject to the Freedom of Information Act.

Herewith is the word-for-word transcript of Mr. Trippett’s Monday evening address to the public:
December 10, 2001
Donna McLaughlin
President
City of White Plains Board of Education
5 Homeside Lane
White Plains, New York 10605
Dear Mrs. McLaughlin:

When I stepped down from the Board of Education in June, I said that I thought White Plains was fortunate to have dedicated members of the Board of Education who spend an enormous amount of volunteer time in service to the Dristrict. I said then, and I will say again, that during the time that I served on the Board of Education I believe that all of the Board members acted on every issue presented in what they believed to be in the best interests of the district. Although I certainly disagreed with my share of Board decisions during my years of service on the Board, I never doubted that those I disagreed with were acting in a principled manner and that they were doing what they thought was in the district’s best interests.

I made these comments knowing that unless Dr. Yanofsky chose to announce his retirement at the end of his current contract, this Board would face the kind of criticism that it has over the past two months.

I have listened to and read the criticisms and attacks that have been levied against the board over these past two months and have not made any public comment. But now, given the recent comments made in the press by Dr. Yanofsky I think it is an appropriate time to add my personal perspective on the choice not to offer a new contract to Dr. Yanofsky.

Several people have spoken about Dr. Yanofsky’s admirable qualities and his dedication to the district. I agree with them and, could add more than has been said. Many have spoken based upon their personal relationship with Dr. Yanofsky. During the two years I spent as Board President, I worked closely with Dr. Yanofsky and felt that we developed a good personal relationship, though we certainly had our differences. It is a relationship that I still value.

In criticizing the Board, some seemed to believe tat the Board did not understand Dr. Yanofsky’s skills or did not appreciate all that he had done for the district. They spoke as if the Board must have simply overlooked these factors. Others voiced the suggestions that there must have been some personality clash or adverse personal feelings that caused the board not to extend a new contract to Dr. Yanofsky.

For the most part the Board has not responded to these statements or a host of other unfounded criticisms, some personal and threatening. I respect the fact that the Board has not wanted to say much and simply to move on, believing that not much good would come from a public tit-for-tat discussion. However, in being as circumspect as it has been, I believe that the Board has unwillingly allowed there to be created a very misleading and inaccurate public record – one that has wrongfully caused some to believe that the actions of the Board were arbitrary, without substantial reason or simply based upon personality. That is why I would like to add a few things to the public discussion.

I recognize that those who have a strong personal attachment to Dr. Yanofsky are unlikely to be persuaded whatever I, or anyone else, might say. But I do believe that certain facts, not yet disclosed, will cause fair-minded people to look at this matter in a different light. They might not agree with where the Board came out but, hopefully, will understand that the determination to let Dr. Yanofsky’s contract expire without renewal was a principled decision based upon what the Board believed in good faith was in the district’s best interests, and no other factor.

There is a context for this contract extension discussion that is important to understand. I participated in the previous Board discussion and determination to extend a new contract to Dr. Yanofsky. In the discussions that preceded the last extension, Dr. Yanofsky presented the Board with a clear statement that he wanted to continue as Superintendent and outlined what he hoped to accomplish if a new contract was extended. Also, at Dr. Yanofsky’s specific request, the contract was made to run for a four-year term until June 30, 2002 rather than for a three-year term as the previous contracts had been. This was at Dr. Yanofsky’s request, for the stated reason that at the end of the current contract, Dr. Yanofsky will be fully vested in the pension plan and eligible for full retirement benefits. Thus, Dr. Yanofsky himself created the expectation that the end of this current contract would likely be the end of this tenure as Superintendent.

Dr. Yanofsky fostered this expectation when he advised me, well over a year before extension of his current contract was discussed, that he had begun circulating his resume on a selective basis for educational positions but not to be superintendent of another district.

Thus, prior to any discussion of a possible new contract, Dr. Yanofsky had led the Board to believe that there was at least a good likelihood that he would not want a new contract.

Even with this background, I entered the discussions about a possible new contract with the presumption that if Dr. Yanofsky gave to the board what he had given in the past – a clear expression of his desire to continue and a vision for what he would like to accomplish under a new contract – he most likely would be offered a new contract. Unfortunately, the Board never received any such communication from Dr. Yanofsky.

Under the contract, Dr. Yanofsky was required to inform the Board in writing whether or not he wished to continue as Superintendent under a new contract. The letter that Dr. Yanofsky sent to the Board hardly reflected a vigorous desire to continue. In the letter, Dr. Yanofsky stated that he was “ambivalent” about continuing as Superintendent but was “willing to entertain an offer.”

I was quite surprised by Dr. Yanofsky’s, at best, tepid expression of interest in a new contract. After receiving this letter, the Board provided Dr. Yanofsky the opportunity to explain his letter before we began substantive discussions about whether to renew the contract. Perhaps, I thought, he misspoke or made a poor choice of words. However, rather than back off of his letter, Dr. Yanofsky re-affirmed his statement that he was ambivalent about continuing as Superintendent. When asked if he could identify any cause for his ambivalence that could be addressed, Dr. Yanofsky gave no indication of anything that could be done that would change his feeling of ambivalence.

So we began our substantive discussions with a Superintendent who had received a contractual term that would enable him to retire if he wanted to, who had let it be known that he had been circulating his resume long prior to any discussion of contract extension and who expressed ambivalence about continuing.

We then entered into our substantive discussions attempting to address the issues that you (McLaughlin) explained in your latest letter, which I will not further discuss here. I found our discussions with Dr. Yanofsky on these matters to be distressing. Rather than offer a forward-looking view as he had in the past, Dr. Yanofsky said things like, “I don’t need this job” and “If you want to take your chances with someone else, that’s fine.”

But the most distressing comment came in response to a question I asked. I posed a question to Dr. Yanofsky similar to a question that I had asked during the previous contract renewal discussions. I asked “Where do you see the district being in four years if your contract is extended?” His response was an extraordinarily negative view of the future of the district. He said things are likely to get worse; test scores are likely to decline further and there is very little that can be done about it other than what is already being done. In short, it appeared to me that his heart was no longer in the job.

His statements, coupled with the prior contract history, his admitted job search and his own expressed ambivalence led me to the conclusion that it was in the best interests of the White Plains School District for the Yanofsky era as Superintendent to come to an end at the end of the current contract in June 2002.

Subsequently, Dr. Yanofsky stated that he misunderstood my question. He thought I asked where I saw the district in five years and he answered the way that he did because he did not see himself being superintendent in five years. I found this after-the-fact explanation unconvincing. Dr. Yanofsky knew that the Board was struggling with the issue whether or not to offer him a new contract and he had to know that I was asking his view of any continuation of his contract, as I had asked before. This was not some abstract discussion about what some future superintendent might face. This was not some abstract discussion about what some future superintendent might face. We were discussing whether or not to extend a new contract to him and what he would do if he received a new contract. If Dr. Yanofsky truly did not see himself in the picture five years from now he did not express that to the Board. And, in fact, contrary to what he has implied, during the contractual time that the Board had to notify Dr. Yanofsky whether or not it would offer him a new contract, Dr. Yanofsky never suggested that the Board should discuss an appropriate “transition” period to new leadership and never suggested a contractual time period, as he had done at the prior contractual renewal discussion. More importantly, even after he clearly understood my question he did not offer any view as to what he would do if he received a new contract.

For me, no one other than Dr. Yanofsky convinced me that it was not in the district’s best interest to offer him a new contract. Whatever else we thought about Dr. Yanofsky, the district would not be well served by having a superintendent who is ambivalent about holding this important job, who had been looking for another job, who wants to be “entertained” with an unspecified offer before he would continue and one who is resigned to an exceedingly pessimistic view of the future.

There were indeed re-occurring substantive differences between the Board and Dr. Yanofsky. These differences were not, as he recently stated, matters of style rather than substance. In fact, it was Dr. Yanofsky’s persistent minimizing of the Board’s concerns and his neglect in addressing them that led to increasing frustration. But, for me, the overriding issue was Dr. Yanofsky’s stated ambivalence and his lack of a positive vision of the future.

I am hopeful that once people get over the surprise and disappointment that Dr. Yanofsky will be leaving at the end of the school year they will recognize that the Board had no other responsible choice but to move on to new leadership. This transition would have taken place in one, or at most, two years anyway and, I believe, the district is better served by making the transition now, rather than having a self-described “ambivalent” superintendent for one or two more years.

I believe that the Board’s decision was proper, responsible and in the best interests of the district. In time, I believe that the community of White Plains will be pleased that it has a Board that is not satisfied with the way things are and wants to move towards improvement in the future, even if that means bearing with some unfair and unjust criticisms such as have been made over the past two months. I commend the Board for not yielding to the noise of the crowd at the moment and, instead, looking out for the needs of the future.

The selection of a new superintendent provides opportunity for all to participate in the re-vitalization of our district and positioning it for the future. While all change is difficult, it also provides opportunity for improvement. Although I am not on the Board anymore, I support the Board and stand ready to help the Board in any way possible in this important transition to new leadership.

Very truly yours,

Lewis P. Trippett

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Trippett Update: Yanofsky “Ambivalent.” Rejects Leader’s Story

Updated December 13:Lewis Trippett broke silence Monday night. The Former Board of Education President — in office when Dr. Yanofsky’s contract renewal was being decided — delivered a startling 10-minute statement disputing Dr. Saul Yanofsky’s public positions on events leading to the superintendent’s departure.

Michelle Schoenfeld reported to WPCNR Wednesday that the “Letter of Intentions” (our term for it), Dr. Yanofsky sent to the Board of Education in the Spring of 2001, a cornerstone of Mr. Trippett’s remarks reported as follows, is not available to the public, and the school district is not obligated to release it.
A copy of the all-important letter, which according to Mr. Trippett, set the tone for last spring’s stalemate with Dr. Yanofsky, was requested by WPCNR from Michelle Schoenfeld, Clerk for the School District. Ms. Schoenfeld wrote us Wednesday, and we quote: “Board Counsel advises us that this is an intra-agency document and therefore not available under the Freedom of Information Law.”

Dr. Yanofsky in response to our request for this key document Tuesday afternoon, stood by his desire “that nothing is served by continuing on with this,” and has not to this point released his letter.

Mr. Trippett took the podium at the request of Donna McLaughlin, President of the Board of Education Monday evening. He out rightly denied Dr. Saul Yanofsky’s public statements about the events, attitudes and positions taken by the Board of Education and the Superintendent himself leading up to the decision last April not to renew Dr. Yanofsky’s contract.

Dr. Yanofsky, visibly shaken by the unexpected appearance, called the letter filled with “distortions,” and saying, “everybody now is best served by putting this behind us,” rather than answering the charges.

Yanofsky Visibly Upset.

Mr. Trippett told WPCNR at the November meeting that he might speak out, but did not.

At the Monday Board of Education meeting at the high school, he unleashed a 4 ½ Page single-spaced statement for the record that shocked the audience of some 50 persons, left from over100 persons and students there at the beginning.

Trippett’s remarks rattled Dr. Yanofsky to the extent that, when Dr. Yanofsky resumed the agenda, the papers in the Superintendent’s hands shook and his voice quivered ever so slightly as he struggled to control himself and move on with the routine appointments and business that followed.

Trippett: Reports Yanofsky “ambivalent” towards staying and critical of school district future.

Trippett, in his calm, chilling delivery, painted a picture far different than the events Dr. Yanofsky has described to this reporter, the White Plains Watch and The Journal News surrounding his firing.

Trippett said Yanofsky had been looking at other jobs:

“…well over a year before extension of his current contract was discussed, that he (Yanofsky) had begun circulating his resume on a selective basis for educational positions but not to be superintendent of another district.”

You could have heard a pin drop in the hall of the All-Purpose Room. Then it got quieter.

The former Board President charged Yanofsky with “ambivalence:”

“The letter (which WPCNR attempted to acquire from Ms. Schoenfeld), that Dr. Yanofsky sent to the Board hardly reflected a vigorous desire to continue. In the letter, Dr. Yanofsky stated that he was ‘ambivalent’ about continuing as Superintendent but was ‘willing to entertain an offer.’”

“Take your chances with someone else.”

Trippett confirmed there had been a parting of the ways on the issues of test scores, program evaluation, and public relations, not on philosophy, but on level of concern:

“I found our discussions with Dr. Yanofsky on these matters to be distressing. Rather than offer a forward-looking view as he had in the past, Dr. Yanofsky said things like, ‘I don’t need this job’ and ‘If you want to take your chances with someone else, that’s fine.’”

By this time, it was excruciatingly still. No one was moving a muscle. All were shocked. You do not hear this kind of public statement read very often. The big shock was Trippett’s next revelation:

“…the most distressing comment came in response to a question I asked. I posed a question to Dr. Yanofsky similar to a question that I had asked during the previous contract renewal discussions. I asked ‘Where do you see the district being in four years if your contract is extended.’ His response was an extraordinarily negative view of the future of the district. He said things were likely to get worse; test scores are likely to decline further and there is very little that can be done about it other than what is already being done. In short, it appeared to me that his hear was no longer in the job.”

Rejects Yanofsky’s statements on contracts and style

Trippett reported that, subsequently Yanofsky said he had misunderstood the question, which Trippett called “unconvincing.” Trippett also flatly said,

“contrary to what he has implied, during the contractual time that the Board had to notify Dr. Yanofsky whether or not it would offer him a new contract, Dr. Yanofsky never suggested that the Board should discuss an appropriate “transition” period to new leadership and never suggested a contractual time period, as he had done at the prior contractual renewal.”

(Dr. Yanofsky made these statements about “a transition period to new leadership,” to WPCNR, and he made the statement about a contractual time period to both WPCNR and White Plains Watch).

Yanofsky’s “minimizing of the Board’s Concerns”

In a paragraph directly answering a recent Yanofsky-written piece appearing in The Journal News Trippett alluded to substantial differences:

“There were indeed re-occurring substantive differences between the Board and Dr. Yanofsky. These differences were not, as he recently stated, matters of style and substance. In fact, it was Dr. Yanofsky’s persistent minimizing of the Board’s concerns and his neglect in addressing them that led to increasing frustration. But, for me, the overriding issue was Dr. Yanofsky’s stated ambivalence and his lack of a positive vision for the future.”

Commends Board for not yielding to “the noise of the crowd at the moment”

“I am hopeful that once people get over the surprise and disappointment that Dr. Yanofsky will be leaving at the end of this school year they will recognize that the Board had no other responsible choice but to move on to new leadership. This transition would have taken place in one, or at the most, two years anyway and, I believe, the district is better served by making the transition now, rather than having a self-described ‘ambivalent’ superintendent for one or two more years.

I believe that the Board’s decision was proper, responsible and in the best interests of the district. In time, I believe that the community of White Plains will be pleased that it has a Board that is not satisfied with the way things are and wants to move towards improvement in the future, even if that means bearing with some unfair and unjust criticisms such as have been made over the past two months. I commend the Board for not yielding to the noise of the crowd at the moment and, instead, looking out for the needs of the future.”

Removal of Yanofsky “Provides Opportunity…revitalization…”

The selection of a new superintendent provides opportunity for all to participate in the re-vitalization of our district and positioning it for the future. While all change is difficult, it also provides opportunity for improvement. Although I am not on the Board anymore, I support the Board and stand ready to help the Board in any way possible in this important transition to new leadership.”

As Mr. Trippett finished his surprise statement, introduced as “a communication” to the public by Donna McLaughlin, the warm feeling of the previous Scholar Athlete Recognition Awards had been sucked out of the room.

Yanofsky reacts tersely

Red-faced and appearing in shock, Dr. Yanofsky described Trippett’s remarks as “distorted” and “inaccurate,” and that any further comment he would make “would not be the most useful outcome.” He attempted to set the record straight on what he meant by his “ambivalent” remark, saying it was his attitude “related to interaction between me and the Board and their level of interaction with other school administrators (in the District) who come before them. There was a variety of miscommunication. Everybody is now best served by putting this behind us.”

Evening started out on a high note

After the recognition of White Plains High School autumn sports teams who as teams have maintained a grade point average of 90 or better, the Trippett speech had turned an evening of achievement recognition into a somber occasion, apparently sealing Dr. Yanofsky’s departure for good. Donna McLaughlin, President of the Board of Education, when she closed the meeting one hour later, pleaded with the parents still in attendance, after enduring three scathing comments from a teacher and two parents, accusing the Board of ignoring parent concerns and expressing doubts about attracting good candidates for superintendent said there was no return: “We’ve made our decision…For the sake of the children, please move on.”

Football team qualifies as a Scholar Athlete Team for the first time

Highlight of the scholar athlete presentations was the announcement by Athletic Director Mario Scarano this was the first year the White Plains football team had qualified as a scholar athlete team. As each coach presented their scholars who perform on the books as well as putting top notch performances “in the books,” we met some of White Plains “Finest:” the Women’s and Men’s Cross Country teams, the women’s Field Hockey and Tennis teams, the women’s Swimming and Diving team.

Mr. Scarano said six of the 8 fall White Plains sports teams averaged over 90 to qualify as official Scholar Athlete Teams. The only two that did not, Scarano said average 88.3 (Men’s Soccer), and 88.77 (Women’s Volleyball).

Principal Colavito delivers a report on the High School Construction

Principal William Colavito was called upon to comment on the progress of the high school improvements. Mr. Colavito announced that the Library Media Center had been opened and is now being used extensively by students. He reported the second floor of the science wing had been opened and the first floor he expected to be open in January after the holiday break.

The Principal reported that the new administration offices had been moved into, and despite some phone trouble was functioning.

The two performing centers are nearing completion, he said. The auditorium is having sound and lighting work finished and is expected to be complete be mid February (two months). The Little Theater and Television Studio for the Theatre Unlimited group is targeted for February 1.

Colavito finished his report advising that North House would be vacated in January, so that work could begin on refurbishing that sector. He said ongoing work on art rooms and other sections would be worked around student schedules.

Colavito Resignation accepted.

Dr. Saul Yanofsky read a glowing tribute to Principal Colavito, crediting him with turning the high school around in his 6 ½ years as Principal of White Plains High School. After the glowing tribute, Principal Colavito, rather from shyness or sadness, spoke for less than one minute and sat down. In fact, when Michelle Berman, speaking during Open Forum expressed hope that the Colavito departure, in which he joins Dr. Constance Iervolino and Yanofsky, was not the beginning of a trend, Principal Colavito was seen clapping.

Three Awarded Tenure

Three teachers were approved for tenure, and their administrators spoke of their dedication and concern for students, rekindling for a few moments that White Plains was still standing tall in dedicated educators. The teachers are: Susan Brumer, Social Studies Teacher at White Plains High School; Dennis Polanco, English Teacher at the high school; and Dennis Scullion, English Teacher at the Highlands. The supervisors introducing them detailed their enormous popularity with students and dedication to school activities and abilities to create outstanding, popular learning environments within their classrooms. They received warm applause.

Yanofsky on departure: “I was surprised, too.”

For a meeting that lasted just two hours, it seemed longer than the 7 hour Common Council meeting last August. People were drained. People left as if leaving a funeral, cordial, polite, nurturing.

Dr. Yanofsky remarked to this reporter, “You always pick good meetings to cover.”

I replied, “Well, I was surprised.”

Yanofsky, smiling said, “I was surprised, too.”

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Flash Poll:Would You Grant a Stay, Delaying Dist. 18 Election?

WPCNR’s Court of Opinion grants a temporary “Stay” of the Nicolai Appeal Poll, in favor of your Instant Opinion on whether a “Stay” should be granted, delaying the District 18 election indefinately, pending Glen Hockley’s appeal. What would you do? If you’ve been following the Delgado-Hockley legal action, do you feel it is just to grant a stay? Or should the election be held while appeal proceeds? Vote in the “Flash Poll” at right!

The Nicolai Decision poll will resume after the “Stay” proceedings are adjudicated.

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FLASH! Hockley Seeks “Stay” of Election in Appellate Court

FLASH!:Glen Hockley’s attorney, Adam Bradley is seeking a stay of the proceedings Tuesday in Judge Francis Nicolai’s decision issued last week calling for a new election in White Plains District 18, December 17-20.
WPCNR has learned from Rita Malmud, President of the White Plains Common Council, and Jeffrey Binder, attorney for Councilman Larry Delgado, that Mr. Bradley will argue the merits of a stay before Judge Sondra Miller of the Appellate Division, Second Department on Tuesday at 3:00 PM at 140 Grand Street, White Plains.

No Notice of Appeal has been received yet by Delgado attorneys. Mr. Binder said that he would be arguing against the stay.

Delay of Implementing the Remedy.

In effect, Binder characterized the maneuver as seeking to delay the continuation of the election, scheduled for next week, pending an appeal.

Technically, Binder says, a judge does not consider a stay unless a party files an appeal in a matter brought before the court. Binder said he expects to receive a Notice of Appeal either in court tomorrow or in sooner.

Call for a “Stay,” Would Indicate an Appeal will be Launched.

The argument for a stay, Binder says, comes under Section 2201 of the Civil Practice Law & Rules, which allows for a stay “in a court in which an action is pending upon which terms as may be just.”

Since it is Binder’s understanding that an action has to be pending before an appellate judge can rule on a stay, Binder expects to receive a Notice of Appeal simultaneously. Binder said he had no knowledge of a Notice of Appeal filing, or in his possession as of 1:30 PM Monday. Binder said he would be arguing that a stay is not just.

]A stay obviously gives Bradley more time to work up his appeal case, and also has the effect of moving the election ever forward in time to Mr. Hockley’s legal advantage.

Common Council Could Appoint Hockley, Weakening Nicolai Argument

A stay that could push the election forward in time considerably, may mean “Advantage Hockley,” because of the White Plains City Charter. The Common Council, when there is a vacancy on the Common Council, is empowered to appoint a person to fill the vacancy, reports Edward Dunphy, White Plains Corporation Counsel. With a Democratic majority on the council, the natural choice would be to appoint Mr. Hockley to his seat, should the Appellate Court not reach a decision on the appeal by January when Mr. Delgado’s term officially ends.

Jeffrey Binder, attorney for Delgado in the matter, said, “If we get to that point, we would seek to enjoin the Common Council from filling that position. It (a council appointment of Hockley) could mean the Judge’s (Nicolai’s)argument that he has the power to do this (order a new election) rather than the attorney general (of the state of New York), would be undermined.”

Delay the Appeal and Try to Win Strategy a Possibility by Hockley Camp.

If a stay is not granted, however, with the 16-day “Window of Appeal,” Glen Hockley might try and go out and win the election next week outright. A formidable in-person campaigner, and dedicated to the principles he believes in, Mr. Hockley lives by the Japanese code, Sonsin, meaning, “focus.”

Hockley could focus his proven ability-to-campaign energy and easily visit all 366 voters in the critical District 18 by “Election Day II” next week. If he won, in the evenly matched district, it is “end of story,” and he is on the council. If he lost to Mr. Delgado, there is another option.

If he loses the election, he could still appeal the Nicolai decision.

Should Hockley lose the “continuation of the election,” he could bring an action to the Attorney General office in a quowarranto proceeding contending that Mr. Delgado was a usurper of a council seat that was rightfully his.

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