Monday, July 24, 2017

Without a trace

I had appealed the Right To Know to the PA Office of Open Records:
All records, including but not limited to emails, texts, and interoffice memos related to modifying the job posting dates for Middle School Social Studies Teacher-8 th Grade US History – Contract 2016-2017 JobID: 471. Dates modified include: Date Posted & Closing Date….
The Mt. Lebanon School District submitted their Position Statement and Affidavits from Dr. Timothy Steinhauer and Cindy Higgins.

The PA Office of Open Records just emailed MTLSD, Tucker Arensberg, and me with their Final Determination of my appeal. Evidently, the affidavit from Timmy where he attests that there are no other records is good enough.

Somehow, the job posting was changed nine months after Andrew Cappucci was hired, WITHOUT A TRACE. Kudos, Timmy.

School board directors, just an FYI. You can terminate Timmy with cause when he commits perjury. Just sayin'.

19 comments:

Anonymous said...

Thats ok Elaine. We know what really happened.

Anonymous said...

You didn't they'd cite a recent award winner did you?

That'd be too embarrassing for a lot of people.

E. T. Gillen said...

Got some personal emails asking if I am going to appeal this. Hell no! I learned my lesson.
The municipal appeal legal bills amounted to $44,000! But my attorneys "only" charged me $7,000.
Elaine

Anonymous said...

What am i missing? It seems well within reason that either someone unilaterally changed the posting or the instruction to change the posting was done verbally. Either scenario would leave no trace. It's a open record request, not a deposition.

E. T. Gillen said...

For those of us who aren't attorneys, I found this in my search.
"In context|legal|lang=en terms the difference between affidavit and deposition is that affidavit is (legal) a signed document wherein an affiant makes a sworn statement while deposition is (legal) the process of taking sworn testimony out of court; the testimony so taken.

As nouns the difference between affidavit and deposition is that affidavit is (legal) a signed document wherein an affiant makes a sworn statement while deposition is the removal of someone from office."

Elaine

Anonymous said...

sorry - still not understanding

Affidavits and Declarations

An “affidavit” or “declaration” is a written out-of-court statement, signed and sworn to by the witness. In some jurisdictions an affidavit or declaration must involve a notary public or other official authorized who administers an oath and signs the document along with the declarant.


Depositions

In a deposition, one of the parties to a lawsuit or an important witness is asked a series of questions under oath, and the exchange is taken down by a court reporter. The entire deposition is then transcribed so that both sides can retain and review a copy.

Daniel Webster said...

Lets not quibble about semantics. The Superintendent swore that there're no written records -- knowing that he made sure of it.

E. T. Gillen said...

Daniel, did you mean to sign your name Noah Webster? And yes, your point is well taken.
Elaine

E. T. Gillen said...

I beg your pardon, Daniel. You were "one of the most highly regarded courtroom lawyers of the era and shaped several key U.S. Supreme Court cases that established important constitutional precedents that bolstered the authority of the federal government."
Elaine

Anonymous said...

Wait... you still understand WHY the posting was changed.. right? You got that answer in the RTK. Late applicant... reopened.. had to set a date for the posting.. posting was closed the same day after the applicant submitted.. was left like that... corrected later to fix historical records.

Tommy Flannagan said...

Yea, that's the ticket.

E. T. Gillen said...

So why aren't there any records showing that, 9:15 PM? If it's legitimate and all.
Elaine

Anonymous said...

Because it was done with a nod nod and a wink wink and neither leaves a paper trail.

Anonymous said...

Told you.

E. T. Gillen said...

Tommy FlanAgan, thanks for the laughs. I just looked up some old SNL skits. Timmy learned from the best.
Elaine

Anonymous said...

Just another nail in the coffin for Dr. S. Update your resume, Tim. Thinks aren't looking good for you after the election.

Anonymous said...

If you look back at my comment about you not being Bob Woodward, I believe I called it.

Anonymous said...

Your seriously comparing a volunteer Mount Lebanon blogger to Bob Woodward whose net worth is $5 M ? As a Post assistant managing editor, he earned a salary of $180,000 !

E. T. Gillen said...

That's OK, 8:35 AM. I'm flattered.
I know I have a few people nervous.
Elaine