As you know, Newsday has recently published a series of articles taking issue with certain administrative aspects of education on Long Island. The series began with a number of articles regarding school districts that listed attorneys as employees while simultaneously retaining their firms as independent contractors. (We have previously reported that no attorneys or staff from our firm have ever been carried as employees of any of our clients). Thereafter, Newsday featured what it alleged to be the inappropriately high salaries of Superintendents.
It has come to our attention that a future Newsday article will deal with the significant number of interim superintendents and administrators who are hired annually by Long Island school districts. Board members throughout Long Island, have become aware of the reasons why it is necessary to hire interim administrators while searching for permanent replacements. Superintendent searches are often nationwide, requiring the use of paid consultants. Community and employee groups become involved. Numerous interviews are conducted. The process may consume six months or longer. The sudden retirement, illness or decision by a superintendent to leave for other employment, provides a Board with no real option but to turn to retired administrators on an interim basis.
We believe that as part of this article, Newsday may comment upon the role of attorneys when a school district client is searching for an interim administrator. We have acknowledged that our clients routinely use us as an important resource when they seek to identify qualified candidates for interim administrative positions. The firm represents a significant number of school districts in Nassau and Suffolk Counties. When asked by our School Board clients, we provide information as to many qualified prospective appointees. This information may be considered by our clients, along with information received from search consultants, prior employers and interviews. As Board members undertake this important obligation, usually on short notice, it is appropriate that they would seek advice and recommendations from their attorney. This is particularly true when the firm has successfully served a district over an extended period.
In the current environment, many aspects of the attorney/client relationship are being criticized. With regard to the categorization of certain attorneys as employees by multiple school districts, such criticism certainly appears justified. However, the legitimate search for abuse of the public trust can have unfortunate consequences. Newsday has recently interviewed me regarding the relationship among Vanessa Sheehan, a member of our firm, her husband of over twenty years, Frank Carasiti and certain of our Suffolk County clients.
Board members recognize Mr. Carasiti as among Long Island's most experienced and most senior superintendents. Mr. Carasiti served as Superintendent in Rocky Point for over twenty years until his retirement in 1990. Since that time, he has been hired on an interim basis in many Suffolk County school districts, often on multiple occasions. A number of those districts retained Ms. Sheehan's former firm as general counsel prior to the hiring of Mr. Carasiti. Since Ms. Sheehan joined Guercio and Guercio in 1995, Mr. Carasiti has served two of our clients. Mr. Carasiti was Interim Superintendent in Eastport/South Manor on two occasions and is now completing his fifth year as permanent Superintendent in Three Village.
Our firm and, to our knowledge, Pelletreau and Pelletreau, Ms. Sheehan's former firm, performed the required "conflicts check" each time Mr. Carasiti commenced his service. On each occasion, we confirmed that the law is clear on the subject. As long as the relationship is disclosed, Ms. Sheehan does not provide services to the district during the term of Mr. Carasiti's employment and her salary is not subject to increase or decrease dependant upon the fees generated in the district, no legal or ethical conflict exists. In each situation we complied with these requirements.
In July, 2005, a newly elected Board member in Three Village raised a question as to what she perceived to be a conflict of interest arising from the employment of Mr. Carasiti while the firm remained as general counsel to the school district. Mr. Carasiti was appointed Superintendent in 2003. Our firm was appointed general counsel to the district in 1995. That Board member was provided with our research and conclusions regarding the issue. In addition, at the Board's direction, we requested formal opinions on the subject from the Attorney General and the Comptroller. I also requested a formal opinion from then Chair of the Ethics Committee of the Suffolk County Bar Association in order to provide additional assurance to the entire Board. Mr. Carasiti independently consulted with another attorney with expertise in ethical considerations for the purpose of obtaining a formal opinion.
Both attorneys provided the Board of Education with formal legal opinions to the effect that no actual or apparent conflict of interest existed under the circumstances. In response to our requests to agencies of New York State, the Attorney General deferred to the Comptroller. The legal staff of the Comptroller informed us that the issue would be addressed as part of its audit which was, coincidentally, underway in the District. Ultimately, the Comptroller's final audit report noted the existence of the relationship without critical comment thereon.
The matter appeared closed until the current inquiry from Newsday. In response to that inquiry, I provided Newsday with all of the relevant case law, the formal opinions of the Comptroller on this topic, and the research and opinion of the attorney retained by us to consider the ethical issues. Newsday also obtained a copy of the aforementioned audit report. All of the information which I provided follows this statement. The audit report may be accessed through the Office of the Comptroller.
I also informed Newsday that, in contrast to the more typical situation with our clients, neither Three Village nor Eastport/South Manor asked us for a recommendation as to the vacancy ultimately filled by Mr. Carasiti. I believe Mr. Carasiti's status as among the most well known administrators available for these assignments accounts for this fact.
At all times, the attorneys and staff of this firm have conducted themselves in accordance with the highest legal and ethical standards. I assure our clients that we will continue to do so in the future.
Respectfully submitted, Gregory J. Guercio
Three Village Central School District / Carasiti / Law Offices of Guercio & Guercio (PDF)
Recent articles in Newsday have been critical of a Long Island school attorney and the practice pursuant to which he was classified as an "employee" by several of his school district clients while maintaining a private law practice. The attorney has repeatedly defended his conduct by asserting that the practice is a common one among school attorneys in the region. In response to the article and inquiries from our clients and members of the communities which we service, we take this opportunity to issue a statement regarding this important topic. Throughout its history, and that of its predecessor entities, our firm's relationship with its municipal clients has always been pursuant to written agreements which provide for services in exchange for annual retainers and/or hourly rates. No attorney or employee of Guercio & Guercio, LLP or its predecessor entities, has ever been classified as an employee by any municipal client while working for the firm. During employment with the firm, no one has ever received salary or benefits of any type from a municipal client except to the extent that he/she may be entitled to as the spouse of a municipal employee.
It is unfortunate that the attorney under scrutiny has attempted to deflect away from himself by calling into question the integrity of other members of an honorable profession. However "common" this practice may be, we pledge that it has never been engaged in by an attorney or staff member at Guercio & Guercio, LLP or any of its predecessor entities.
