NOTICE OF PETITION

STATE OF NEW YORK

STATE EDUCATION DEPARTMENT
_____________________________________

In the Matter of (Kenneth M. Bruce),

from the action of the Board of Education
of the City School District of Albany
regarding the complaint related
exclusion of Mr. Bruce from a Board meeting.
_____________________________________

NOTICE:

You are hereby required to appear in this appeal and to answer the allegations contained
in the petition. Your answer must conform with the provisions of the regulations of the
Commissioner of Education relating to appeals before the Commissioner of Education,
copies of which are available at www.counsel.nysed.gov or from the Office of Counsel,
New York State Education Department, State Education Building, Albany, New York
12234.

If an answer is not served and filed in accordance with the provisions of such rules, the
statements contained in the petition will be deemed to be true statements, and a
decision will be rendered thereon by the Commissioner.

Please take notice that such rules require that an answer to the petition must be served
upon the petitioner, or if he be represented by counsel, upon his counsel, within 20 days
after the service of the appeal, and that a copy of such answer must, within five days
after such service be filed with the Office of Counsel, New York State Education
Department, State Education Building, Albany, New York 12234.
STATE OF NEW YORK
STATE EDUCATION DEPARTMENT
_____________________________________X

VERIFIED
PETITION

NOTICE:

In the Matter of (Kenneth M. Bruce),

from the action of the Board of Education
of the City School District of Albany
regarding the complaint related
exclusion of Mr. Bruce from a Board meeting.

_____________________________________X

TO THE COMMISSIONER OF EDUCATION:

1. My name is Kenneth M. Bruce and I reside in Albany within the City School District

of Albany and my mailing address is PO Box 8411, Albany, NY 12208 or One

Academy Park, Albany, NY 12207 and I can be reached at 201.320.6257 or

kennethmbruce@gmail.com.

2. I am a member of the City School District of Albany (CSDA) Board of Education. I

was appointed to the board in July, 2014 and then elected to a four-year term in

November, 2014. I served a one-year term as president of the board from January,

2016 - December, 2016, and I was president during the time of this complaint.

3. This appeal is brought and involves issues unrelated to specific students.

2 | Page
4. I have suffered personal damage and my ability to serve in my duly elected capacity

as member of the CSDA Board of Education has been impaired by the systemic

actions of members of the CSDA Board of Education. Further the rights of Albany

residents have been violated based upon my systemic exclusions from important

debate and deliberations related to the business of the City School District of Albany

the people pf Albany deserve the right of full representation of all elected members

of the Board of Education.

3 | Page
TO THE COMMISSIONER OF EDUCATION:

WHEREFORE, Kenneth M. Bruce respectfully requests:

Such other relief as the Commissioner deems just and proper.

Dated: March 10, 2017

NAME: Kenneth M. Bruce

ADDRESS: PO Box 8411, Albany, NY 12208 or One Academy Park, Albany, NY 12207

PHONE NUMBER: (201) 320-6257

Please find attached supporting Affidavits and Exhibits.

4 | Page
AFFIDAVIT OF VERIFICATION

STATE OF NEW YORK:

:ss.

COUNTY OF Albany:

Kenneth M. Bruce being duly sworn deposes and says that he/she is the Petitioner in

this proceeding; that he/she has read the annexed Petition and knows the contents

thereof; that the same is true to the knowledge of deponent except as to the matters

therein stated to be alleged upon information and belief, and as to those matters he/she

believes it to be true.

______________________________

(Signature)

______________________________

(In the case of a corporation, LLC, LLP, or other business entity, include the title of

officer or authorized representative signing the affidavit of verification.)

Subscribed and sworn to

before me this ____ day of _________________ 2017

______________________________

(Signature of notary public)

5 | Page
 Petition Complaint
5. In late June or early July, 2016, CSDA Board of Education, vice president Sue Adler

convened and conducted at least one special Board of Education meeting. At this

time I served as the board elected president. My understanding, based on an

explanation, after the fact, by the School Districts general counsel, Jeff Honeywell, is

that the meeting included Ms. Adler, Mr. Honeywell, and the other five board

members: Anne Savage, Dr. Rose Brandon, Jenn Lange, Ellen Roach, and Vickie

Smith. Ms. Adler involuntarily excluded me from the participating in the meeting.

She failed to notify me of the meeting. There was no public notice of the meeting

and proof was never provided that this particular meeting was covered by one of the

exemptions to Open Meeting Laws. Ms. Adler failed to provide, in advance, a reason

for excluding me from the meeting.

6. After the meeting(s) Ms. Adler failed to provide me with a meeting agenda, and

meeting minutes and refused to tell me when the board met, if the board met more

than once, or if decision were made through email or phone conversations. One

important result of this meeting(s), as explained by Mr. Honeywell, was that the

board conducted school district business and deliberated, determined and developed

an internal independent investigation plan related to the Black Box Theatre

construction. They then directed staff, counsel, and professional service firms to act

on these important decisions. Excluding my participation violated my right as a duly

elected board member to participate in all board deliberations related to school

district business.

7. I would like to request an opportunity to appear before the Commissioner to present

oral argument of the matter.

6 | Page
8. I found no reference to this particular situation within the law and I am requesting

appropriate relief as the Commissioner deems just and proper.

9. I have not filed this petition within 30 days of the initial board action conveyed in o

my complaint. I am filing this complaint now as recent occurrences lead me to

believe that there is a prevalent systemic agreement in place to exclude me from

board communication and deliberations. And there may have been additional

meetings or additional board decisions made and deliberated through a series of

communications, which also excluded me.

10. The actions of Ms. Adler and board are a personal affront to me but more

importantly their actions are a personal affront to the citizens of Albany, who we all

were sworn to represent

Expanded Petition Complaint

11. Board vice president Sue Adler convened and conducted at least one special Board of

Education meeting sometime around late June and early July, 2016. At this time I

served as the board elected president. Ms. Adler involuntarily excluded me from the

participating in the meeting. My understanding, based on an explanation, after the

fact, by the School Districts general counsel, Jeff Honeywell, is that the meeting

included Ms. Adler, the other five board members and district counsel.
a. NY State Education Law requires a 24 hour advance notice for any special

board meeting to each board member. Ms. Adler failed to notify me of the

meeting.
b. There was no public notice of the meeting. Open Meeting Laws require that

meetings be publicly advertised and there are only a handful of exemptions -

7 | Page
 elected boards are allowed to meet privately to seek legal advice without

noticing the meeting to the public.

c. The Majority of the Board never provided proof that this particular meeting

was covered by one of the exemptions to Open Meeting Laws.

d. Ms. Adler failed to provide me with a meeting agenda and Ms. Adler also

failed to provide me with meeting minutes.

e. Ms. Adler failed to provide, in advance, a reason for excluding me from the

meeting.
f. Ms. Adler and rest of the majority of the board refused to tell me if the

Board met more than once.

g. The reason behind holding a secret special meeting of the board without

notifying me and without explaining why I should be excluded, was stated to

me by Mr. Honeywell the Majority of the Boards wanted to investigate legal

alternatives in response to my questions and concerns about student safety

and capital project funding related to the then recently constructed Black Box

Theatre.
h. There was no legal action, by Ms. Adler and the board, as a result of this

meeting. Mr. Honeywell presented me with a letter, which consisted of six

sentences, from the Majority of the Board, recommending my resignation

on the same morning that he shared all this information. (Exhibit 14) State

education law prohibits boards from censuring or reprimanding another

member and no member on this board has the authority to ask another

member to resign.
i. The much more significant and important result of this meeting(s), as

explained by Mr. Honeywell, was that the board conducted school district

business and deliberated, determined and developed an internal

independent investigation plan related to the Black Box Theatre

8 | Page
 construction. They then directed staff, counsel, and professional service firms

to act on these important decisions.

j. Meeting under the guise of exploring legal options was a way to exclude my

participation and it interfered with my right as a board member to participate

in all board deliberations related to school district business. (Exhibit 19)

k. Involuntarily excluding a board member from any board meeting interferes

with their right as a board member to get legal advice from the districts

counsel, working on behalf of the board. There right to district counsel does

not supersede my right.

l. Involuntarily excluding a board member from any board meeting, including

an exempt meeting, is not specifically addressed in the Law. There is no

precedence in New York State, which would support a board member

convening a meeting without providing, in advance, a reason for excluding a

board member. Obviously, in failing to notify me of the meeting Ms. Adler

also failed to provide me, in advance of the meeting, a reason for exclusion

from the meeting.

m. My omission from this meeting excluded and silenced the primary advocate

for a proper investigation and provided the remaining board member with an

opportunity to create a less thorough and a less than independent process.

n. The actions of Ms. Adler and Majority of the Board were a personal affront

to me but more importantly their actions were underhanded, dishonest and

were not transparent.

o. There a may have been additional meetings or additional board decisions

made and deliberated through a series of communications, which also

excluded me.

12. My general understanding is that Ms. Adler and district counsel Jeff Honeywell, Esq.

properly notified the other five board members: Anne Savage, Dr. Rose Brandon,

9 | Page
 Jenn Lange, Ellen Roach, Vickie Smith and that the board met once or more in late

June or early July, 2016. Despite my inquires, Ms. Adler and Mr. Honeywell have

failed to provide sufficient information with regards to the meeting(s), such as how

often they met, agenda, meeting minutes, meeting summaries, and the details

around their deliberations during this meeting(s).

Introduction

13. Complaint
14. Provide an overview of the underlying issue which led to the complaint.
15. Legal discussion
16. I have also included sections titled:
a. Black Box Theatre Project Summary
b. Timeline Related to the Construction of the Black Box Theatre and Related

Board Actions
c. Exhibits

Black Box Theatre Overview

17. The school district covertly transferred funds and surreptitiously built a black box

theatre which was not compliant with the NYSED Uniform Safety Code, and thereby

created an environment for students, employees and the community, which did not

comply with safety guidelines.

18. A theatre was built in a school without following any of the policies, procedures,

statutes or laws. The demolition and construction of the theatre was never approved

by the board; never approved through a public vote, as required for all capital

improvements; built without an architectural plan; never submitted for approval to

10 | P a g e
 the State Education Department and consequently there was no building permit, no

inspection and no certificate of occupancy prior to its use as a theatre.

19. Construction and procurement contracts did not adhere to competitive

requirements.

20.One primary contractor was inappropriately hired through an expired district

maintenance agreement and the work was well beyond the scope of this agreement.

21. Other services and goods were procured and paid through this contract and another

maintenance contract, at an additional markup expense. Along with creating

additional expense, paying contractors in this way subverted the necessity of board

payment approval.

22. A budget was never created for the project and funds were appropriated and diverted

without explicit board approval, transferred from various non-related accounts and

across budget years.

23. Rather than create a separate project account/budget line to segregate the funds, the

expenditures were comingled in a district-wide Operations and Maintenance (O&M)

Account, which limited the ability to easily attribute and specify the full project cost.

24. By not adhering to the state mandated capital improvement process our school

district forfeited approximately $100,000 in state aid.

25. A space constructed outside of the legal requirements may not have been covered by

the districts liability insurance which probably exposed the school district to untold

uninsured liability exposure.

Background

11 | P a g e
26. I attended a student theatrical performance in March, 2016, and immediately

recognized significant safety issues: a lack of visible exit signs and lack of exits; stage

creaked from the weight of the student actors; lighting wires appeared unfinished

and were hanging too low; aisles were too narrow and lacked proper safety lighting;

student orchestra space was extremely small and appeared unsafe and unhygienic;

total occupancy in the space of about 250 people felt over-crowded and lacked

adequate ventilation.

27. The theatre space was either poorly designed, poorly constructed or both and my

immediate and primary concern was that resultant theatre was possibly unsafe and

I inquired about appropriate approvals, oversight and authority to construct this

project.

Misrepresented Facts

28.On behalf of the board, I inquired for more information from district administrators

through verbal communications, email correspondence, during facilities committee

and audit committee meetings, and board executive sessions.

29. The assistant superintendent of business affairs, the director of facilities and the

districts contracted architect misrepresented particular facts related to the decision

making, funding and execution of the project. Their responses were deceptive,

misleading, inconsistent, sometimes contradictory and certain instances factually

false.

12 | P a g e
30.Based upon an inability to ascertain a full truthful account of what transpired, I

recommended a board-led independent investigation, supported by a forensic

accounting analysis to determine the extent of the malfeasance.

Ms. Adler, an employment lawyer, reframed the Safety and

Accountability Issues into an Employment Agreement Issue

31. Ms. Adler consistently reframed my desire to fulfill my fiduciary responsibilities and

my safety and accountability concerns as an attack on the previous superintendent.

32. The board vice president was able to convince the board that a stipulation in a

contractual separation agreement, with the districts previous superintendent,

should supersede an investigation into the safety of our students, employees and

community. (Exhibit 14) The board voted 6-1, on three occasions, over several

weeks, not to proceed with any investigation and to leave the theatre space as is

based on their overriding fear of a potential legal action based upon a violation of

this disparagement clause.

33. Ms. Adler was successful in discrediting my actions as an elected fiduciary by

attributing my actions as a vendetta against the previous superintendent.

34. In fact, there was no factual evidence in the internal investigation which directly

linked the previous superintendent to any decisions made related to the construction

of the Black Box Theatre. There were only third party references to conversations,

which may or may not have occurred.

35. Ms. Adler also leads the effort to create conversations that include the district

counsel for the primary purpose of suggesting that the information is then

13 | P a g e
 confidential. In many instances this is the information that should be shared

publically during an open meeting.

Mr. Bruce Independently Notified NYSED and the NYS

Comptroller

36. I expressed, on several occasions that my safety concerns warranted immediate

actions and it was the boards fiduciary responsibility, in this situation, to investigate

and determine accountability.

37. I further stated that if the board would not conduct its own internal investigation,

then I would independently notify the districts governing authorities in the hope

that they would conduct independent investigations.

38.Over the objection of the other six board members, and despite several formal board

warnings (Exhibit 14), I informed the State Education Department (Exhibit 13) and

the Office of the New York State Comptroller (Exhibit 17).

NYSED Reports that the Theatre was Non-Compliant with

Uniform Safety Codes

39. The State Education Department, assisted by CS Arch, inspected the space and

determined that the theatre was not compliant with the NYSED Uniform Safety

Code.

14 | P a g e
40. NYSED granted an emergency capital improvement project waiver and required the

immediate deconstruction of the stage and the dismantling of the seating platforms,

and a list of 12 other safety-related adjustments. These adjustments, with an

estimated cost of $10,000, allowed the school district to use the space as a classroom

with a maximum occupancy of 49 (Exhibit 20).

41. The second alternative, offered by State Education, was to leave the space locked and

out of use and then properly reconstruct an approved theatre for 250 occupants,

which would require about 30 additional safety adjustments, at an additional cost of

over $100,000 (Exhibit 16 and Exhibit 22).

Facilities Committee Recommended Theatres Deconstruction

42. In early August, the Facilities Committee based upon district staffs

recommendation, voted to recommend that the board proceed with the

deconstruction alternative (Exhibit 20).

43. The district leadership team acted and the space was ready for use as a classroom at

the beginning of the school year, last September, 2016.

44.The agenda committee and the board vetoed my requests to place any part of this

project and this situation as an agenda item for public discussion and consequently

the Board of Education has in fact never actually approved this work.

45. And even more importantly the facts about how this space was constructed, how

students were placed in an unsafe space and how the peoples money was spent have

been hidden from our community.

15 | P a g e
NYS Comptroller Notifies the School District of Audit

46.Based upon my request, the Comptrollers Office notified the school district that it

would conduct a periodic audit this year and that work is being performed now.

Majority of the Board Recommends Mr. Bruces Resignation

from the Board

47. Ms. Adler convened the board for a secret special meeting, without notifying me,

under the guise of exclusively investigating legal alternatives in response to my

questions and concerns and continued efforts to clarify the safety issues in the

theatre space and to hold district leaders accountable for their actions.

48.There was no legal action, by Ms. Adler and the Majority of the Board, as a result of

this meeting. Mr. Honeywell presented me with a letter, which consisted of a very

brief six sentence letter, from the Majority of the Board, recommending that I

resign my position as a member of the Board of Education based upon their

liability concerns

Majority of the Board Conducts District Business without Mr.

Bruce Present

49.The much more significant and important result of this meeting(s), as explained by

Mr. Honeywell, was that the board conducted school district business and

deliberated, determined and developed an internal independent investigation plan

16 | P a g e
 related to the Black Box Theatre construction. They then directed staff, counsel, and

professional service firms to act on these important decisions.

Mr. Honeywell, District Counsel informed Mr. Bruce of the

Boards Special Meeting and the Results of the Deliberations of

the Majority of the Board"

50.I was informed by district counsel, after the fact, of the secret special meeting of the

Majority of the Board.

51. District counsel also shared the results of the deliberations and decisions made

during this meeting.

52. I expressed my dissatisfaction with the fact that Majority of the Board met without

informing me, and I expressed my belief that the meeting was illegal.

53. I also expressed my dissatisfaction with the majority of the boards decision to do the

districts business without my presence and not to hire independent entities to do the

investigation.

54. Mr. Honeywell definitively stated that there was nothing that I could do, since the

deliberations had already been concluded and decisions had already been reached.

(Exhibit 19).

The Boards Actions are an Affront to Mr. Bruce, But More

Importantly Disrespectful and Insulting to Albanys Voters

17 | P a g e
55. The actions of Ms. Adler, the Majority of the Board and the districts counsel are a

personal affront to me, but more importantly this is disrespectful and insulting to

Albany citizens who elected me as their representative. There is nothing in NYS

State or NYSED Law that allows for conducting and executing school district

business while not informing and excluding a duly elected member of the board.

56. The people have the right to trust and expect that everyone they elected will

participate in the districts governance. It is the boards fiduciary responsibility to

inform and request approval when determining how the peoples money is spent.

Boards Responsibility is to hold the School District Accountable

for Its Decisions and Actions

57. It is also the boards fiduciary responsibility to assure that district personnel create

and provide a safe environment for students, employees, and the community. And

further it is the boards fiduciary responsibility to assure that district personnel are

accountable to following all established procedures, guidelines, policies, laws and

statues.

58. Albanys citizens should expect full financial transparency and appropriate actions

related to acts detrimental to safety and full financial accountability.

59. Instead of being honest with the people, the board hid important facts behind

attorney-client privilege.

Board Tried not to do an Investigation

18 | P a g e
60.Ms. Adler became increasingly more assertive and protective after the discussions on

May 3, 2016 verified Mr. Hogans lack of honesty related to the source of funds for

the project, the use of outside contractors instead of internal staff to complete the

work, and the involvement of Rich Peckham, of CS Arch.

61. This board voted on multiple occasions, to overlook this situation, and to ignore

obvious safety concerns based upon potential legal exposure from a severance

contract.

62. This board reiterated their stance, in expressed warnings to me, when I informed

them that I would notify the appropriate authorities.

63. At the June 13, 2016 special board meeting the Board determined that they would

only conduct an internal audit first, before considering any other alternatives. I

supported the audit but also reaffirmed that this wasnt enough and that this option

was not timely and did not address any of the immediate safety concerns.

64.After I informed the State Education Department, they met and excluded me and

decided to conduct a watered down investigation using investigators, who were not

independent. They also failed to task the independent investigators to investigate

the prevalent misrepresentations by district staff and contractors.

65. The board continues to warn me that any public disclosure of the facts is a violation

of attorney-client privilege. They have tried to take a public issue and make it an

issue subject to attorney-client privilege correspondence to prevent me from sharing

what happened here with the people (Exhibit 14 & 28).

66.My guiding principles through this process have been to act essentially as a whistle

blower. I have consistently expressed my concerns to the governing entity of the

school district, the Board of Education. I have consistently notified the board that I

19 | P a g e
 will notify the school districts governing entities if the board would not act. Once I

notified NYSED, they acted immediately and inspected the space and notified the

school district of the immediate requirements and safety adjustments.

Board Obstructs Mr. Bruces Ability to Perform as a Board

Member and as the Boards President

67. The board worked as a group to discredit my actions to investigate this matter and to

discuss this matter in an open public forum. They voted consistently against my

proposals to bring this situation to light to the detriment of the school district. They

then refused to communicate and participate with me and obstructed my ability to

perform my duties as a board member and as president of the board.

School Board Governance and NYS Open Meetings Law

68.The purpose and authority of a school board are found in New Yorks Education

Law and other state laws applicable to municipal corporations and public officers.

It is essential to the maintenance of a democratic society that the public business be

performed in an open and public manner and as a corporate body; a school board

must transact business at a duly convened meeting which are governed by Open

Meetings Law.

69.Individual school board members are empowered to call a special meeting of the

school board pursuant to Education Law 1606. Any special or emergency

meeting may be called by any school board member, as long as at least 24 hour

20 | P a g e
 advance notice is given to the other board members. The notice provisions of the

Open Meetings Law must be complied with when calling a special meeting. A

majority of the board cannot dispense with notice of a board meeting to other

members. Furthermore, a good faith effort must be made to give actual notice of

the meeting to each board member.

70. Board vice president Sue Adler convened at least one special meeting of

the Board of Education sometime around late June and early July, 2016.

As it was explained to me the meeting(s) included the other six board

members and district counsel. The meeting may have qualified as an

exempted board meetings with counsel. The other five board members:

Anne Savage, Dr. Rose Brandon, Jenn Lange, Ellen Roach, Vickie Smith

attended and seemingly were properly notified. Ms. Adler failed to

provide me with the required 24 hour advance notice of the exempted

special board meeting with counsel.

71. Ms. Adler failed to provide, in advance, an acceptable explanation for

my exclusion from participation in the meeting.

72. The Open Meetings Law exempts from coverage certain types of meetings. In the

case of school boards, these include: a. judicial or quasi-judicial proceedings; b.

matters made confidential by federal or state law (Pub. Off. Law 108 (3)); c. a

meeting where a school board reviews the transcript and evidence presented at a

student disciplinary meeting; d. meeting involving a matter to discuss student

records; e. a meeting involving a meeting between a board of education and the

boards attorney that is protected by attorney-client privilege under New Yorks

Civil Practice Law and Rules (CPLR 4503).

21 | P a g e
73. A meeting involving a meeting between a board of education and the

boards attorney that is protected by attorney-client privilege under New

Yorks Civil Practice Law and Rules is exempt from Open Meetings Law

but there is no mention that it is exempt from notifying a board member

and no notice was given to me for the special board meeting called by Ms.

Adler in late June or early July, 2016.

74. There is no New York State School Board precedence related to meeting with

counsel, while excluding a member of the board.

75. Board members have a right, pursuant to attorney-client privilege, to meet with

counsel without plaintiffs present, according to a Pennsylvania School Boards

Association lawyer. Excluding the participation of a school board member from

an exempted meeting with counsel may be allowed if a board member is a

plaintiff in an action against the school district and the meeting is exclusively to

address this action, otherwise the board member should be excluded from the

portion of the meeting related to this action.

76. The only exception I found that allows for excluding the participation of

a school board member from an exempted meeting with counsel was

when a board member is a plaintiff in an action against the school

district and the meeting is exclusively to address this action. In my

situation, my action was to notify the NYS Education Department of an

unsafe environment within a district school constructed outside all the

required legal guidelines. My transgression was acting in spite of 6-1

board vote against speaking publically about the issue.

22 | P a g e
77. A board members physical presence is required (NYS Department of State,

Committee on Open Government, OML-AO-3025, May 1, 1999; see also OML-AO-

2779, July 28, 1997; OML-AO2480, March 27, 1995; Town of Eastchester v. New

York State Board of Real Property Services, 23 A.D.3d 484 (2d Dept 2005)), except

that board members may participate in such a meeting via videoconference (i.e.

Skype) and are considered in attendance for quorum and voting purposes (Pub.

Off. Law 102-104).

a. School board members may not vote by phone or mail (NYS Department of

State, Committee on Open Government, OML-AO-4306, Dec. 18, 2006; see

also OML-AO2779, July 28, 1997; OML-AO-2480, March 27, 1995; Town of

Eastchester v. New York State Board of Real Property Services, 23 A.D.3d

484 (2d Dept 2005)).

b. School board members may not vote by e-mail because this method does not

permit the public to observe the performance of board members public

duties (NYS Department of State, Committee on Open Government OML-

AO-4306, Dec. 18, 2006; see also Town of Eastchester, supra.)

c. Videoconferencing is permitted

78. A series of phone calls or other communications between individual board

members that result in a collective decision is not permissible (NYS Department of

State, Committee on Open Government, OML-AO-3025, May 1, 1999; see also

OML-AO-2779, July 28, 1997; OML-AO2480, March 27, 1995; Town of Eastchester

v. New York State Board of Real Property Services, 23 A.D.3d 484 (2d Dept

2005)).

Neither is a series of e-mail communications that effectively results in the taking of

official action.

23 | P a g e
79. Ms. Adler and the Majority of the Board have still not informed me of

exactly how the Majority of the Board made certain decisions

meetings or through emails and phone calls

More Meetings or Illegal Decision Making Through

Communication and Correspondence

80.Ms. Adlers statement in August 24, 2016 with regards to Mr. Bruces future (see

Timeline) as president of the board suggests the possibility of further illegal meetings

or illegal deliberations through email or other methods.

81. On September 15th, Ms. Adler informed Mr. Bruce in Executive Session that she, Mr.

Honeywell and Ms. Smith had visited the Office of the NYS Comptroller to provide a

copy of the preliminary Board audit/investigation to dissuade an audit (see

Timeline). A board action to send board members to contact the NYS Comptroller

should have been voted on. Maybe a vote was taken?

82.Given, these two events, there is the distinct possibility that the Board has met on

several other occasions without notifying Mr. Bruce or have deliberated through a

series of phone calls or e-mail communications between individual board members,

which would also be illegal. Collective decisions made in this manner are not

permissible.

Unanswered Questions - Still

83.Some questions related to the legal violations still remain open and I have resorted

to FOIL (Exhibit 30-34)

24 | P a g e
Summary

84.The school district covertly transferred funds and surreptitiously built a Black Box

Theatre which violated numerous established procedures, policies, laws and statutes.

The project was never approved by the board, never approved by NYSED, never

approved by the public. There was no architectural plan, no building permits, no

inspection and no certificate of occupancy and it was not built to comply with the

NYSED Uniform Safety Code. Maintenance contracts were used and additional

expenses were incurred which subverted the necessity of board approval of

payments. There was no established budget, funds were appropriated, diverted and

transferred from various non-related accounts and across budget years and then

comingled in a district-wide maintenance account. By not adhering to state

requirements our school district forfeited $100,000 in state aid.

85. When District leadership was asked about the project they lied about the facts.

86.The board when deliberating regarding next steps chose to emphasize a clause in a

contract that could possibly create a legal liability rather than focus on the significant

safety issues for our students. The board voted not to pursue an investigation and

warned me against talking publically or taking any further action related to the

theatre.

87. Over the boards objections, and after notifying the board of my intentions, I

contacted the New York State Education Department and the New Your State

Comptroller Office and shared my concerns.

88.In violation of NYS School Board Law, Ms. Adler convened a special meeting of the

six members of the board, the Majority of the Board, met with counsel, did not

25 | P a g e
 notify me, excluded me, and failed to offer in advance an explanation for my

exclusion.

89.Ms. Adler and the Majority of the Board, met under the guise of discussing legal

options related to my continued pursuit of the theatre construction issue and

conducted district business as part of this meeting(s). They determined the methods

for a flawed investigation without me present - I would have adamantly objected to

certain decisions related to the investigation.

90.Upon notification of the investigation decisions, I immediately expressed my

displeasure and suggested a more appropriate thorough alternative investigation.

91. State Educations investigation verified that there were safety issues and required the

deconstruction of the theatre for use as a classroom and with less than 49 occupants.

During performances there were up to 250 occupants in the space.

92. Under Ms. Adlers leadership the board has obstructed my ability to serve

productively as board president and even as a board member. And they have

continually threatened me to keep quiet about all of these transgressions (Exhibit

28).

Request for an Opportunity to Appear before the Commissioner

93. The facts related to this situation are convoluted and I would like to request an

opportunity to appear before the Commissioner to present oral argument of the

matter.

Request for Consideration after the 30 day Deadline

26 | P a g e
94.I have not filed this petition within 30 days of the initial board action conveyed in o

my complaint. My hope was that the board would do a proper investigation, despite

the transgressions related to the launch of the investigation. This month I learned

that the boards investigation and the response were insufficient given the gravity of

the situation.

95. I am also filing this complaint now as recent occurrences lead me to believe that

there is a prevalent systemic agreement in place to exclude me from board

communication and deliberations. And there may have been additional meetings or

additional board decisions made and deliberated through a series of

communications, which also excluded me.

96.Ms. Adler continues to misrepresent the facts instead of telling our constituents the

truth as evidenced by this quote in the Times Union yesterday. School board

member Kenny Bruce, who was serving as president at the time, was surprised by the

size and scope of the work when he saw a performance of the high school's spring

musical there last March. According to Bruce, he received few answers from district

officials about the theater's construction and no support from fellow board members

when he suggested an investigation of the project. Board members, including current

president Sue Adler, dispute this. (Exhibit 38)

97. The actions of Ms. Adler and board are a personal affront to me but more

importantly their actions are a personal affront to the citizens of Albany, who we all

were sworn to represent

Recommended Remedy

27 | P a g e
98.Since I could find no reference to a similar situation within New York, where a board

member convened a secret special Board of Education meeting, and failed to notify a

board member, failed to offer an explanation and then actually conducted district

business during the meeting, I have no recommended remedy and I am requesting

appropriate relief as the Commissioner deems just and proper.

28 | P a g e
Black Box Theatre Project Summary

99.The City School District of Albany leadership team covertly planned and constructed

a black box theatre, in the Abrookin Career and Technical Education Center, which is

an extension of Albany High School. The capital project was done without Board or

State Education approval. Poor decisions and lack of oversight created an unsafe

environment, which placed our students at risk and in harms way.

100. A former electronics/electrical technology program classroom and an adjacent

storage area were repurposed into a black box theatre.

101. School board president, Kenneth M. Bruce, attended a theatrical performance in

the theatre space and immediately recognized some significant safety issues and

summarized his concerns as:

a. Lack of visible exit signs and lack of exits.
b. Stage creaked from the weight of student actors.
c. Lighting wires appeared unfinished and were hanging too low
d. Aisles between the seating were too narrow for easy exit.
e. Aisles perpendicular to seating appeared too narrow and lacked proper safety

lighting.
f. Student orchestra played in an extremely small space, which appeared

cramped, unsafe and unhygienic.

g. Theatre space was either poorly designed or poorly constructed or both.
h. Total occupancy felt like too much for this space - during each performance

was approximately 225- 250 people: 150 spectators and 100 student actors,

orchestra and production and theatre crew.

102. Mr. Bruce shared his concerns with the rest of the board and the board tasked

him with asking some questions related to oversight, authority, safety, etc.

29 | P a g e
103. District staff improperly categorized and executed this as a maintenance

project; the stated initial budget was $60,000 any project that repurposes an

academic space with a cost above $10,000 is defined, by NYSED, as a capital

improvement and must be executed by following very specific guidelines.

104. District staff developed and planned the theatre construction, without a public

discussion, without requesting board approval, consequently without governance

oversight space and resource allocation decisions are the fiduciary responsibility of

the board.

105. Demolition and construction occurred between June, 2015 and March, 2016,

without approval by Albany voters required by NYSED Law for all capital

improvement projects

106. Rather than follow the standard process for a construction project and create a

dedicated and separate account/budget line to segregate the project funds, the

construction and procurement expenditures were comingled in the district-wide

2015 2016 Operations and Maintenance (O&M) Account.

107. Appropriated funds were transferred from various budget lines and across

various years, and funds may not have been properly encumbered, to the 2015

2016 Operations and Maintenance (O&M) Account:

a. $60,000, from a 2014-2015 Albany High School Account which was approved

by the board in July of 2015.

b. $51,000, from a 2015 2016 Medical Insurance Premiums Account which

was approved by the board in December of 2015.

c. At least $20,000, maybe much more was appropriated for this project within

the 2015-2016 O&M Account.

30 | P a g e
 d. First two transfers were approved by the board as part of the Routine Consent

Agenda, without any additional information or explanation provided to the

board.

108. Constructed without an architectural plan, architectural drawings or detailed

construction specifications, which are required by NYSED Law for all capital

improvement projects.

109. Constructed without the required NYSED building permits, and consequently

there was no governmental oversight or monitoring through the construction

process.

110. Contractors and materials were not obtained through the NYS mandated

competitive bidding and procurement process.

111. A contractor was inappropriately hired to do demolition, standard construction

and major electrical construction installation through the districts annual electrical

maintenance/service contract - the scope of the work, namely demolition and

construction were not included in the scope of this maintenance contract.

112. Two service/procurement contracts with providers who did not have school

district contracts were paid through these maintenance/service contract at an

additional cost to the school district and one third party service/procurement

contract was paid through another third party without an additional cost. Paying for

services and goods this way precluded the necessity of board approval for these

payments:
a. Theatrical lighting was purchased and paid through another contractor at an

additional markup expense of 9%, an additional cost of about $2,000.

b. Soundproofing was purchased and paid through another contractor at an

additional markup expense of 27.5%, an additional cost or $2,310.

31 | P a g e
 c. Acoustical consulting was paid through a third party without an additional

markup.

113. Extensive electrical and power related work was performed in the theatre space

and within Abrookin without any monitoring or oversight.

114. CTE Carpentry/Woodshop students constructed the stage and the three levels of

seating risers for seating and used construction materials which did not meet NYSED

Uniform Safety Code standards and requirements.

115. School district forfeited an opportunity for at least $100,000 in NYSED Capital

Improvement/Building Aid (60-74% of project cost) school district could not apply

for aid without meeting NYSED capital improvement project requirements.

116. No Certificate of Occupancy was requested after construction was completed and

prior to use by Albanys students and a performance presentation for the Albany

Community.

117. Without Board and NYSED oversight, there was no established maximum cost

for the project and there were no financial checks and balances, such as change order

requirements, to monitor the escalating project costs.

118. As this project expanded in scope no one from the district leadership team and

none of the districts contracted professionals stepped forward to stop this project or

to notify the board. Contracted professionals are hired in part to provide guidance

on legal requirements.

119. When the board inquired with district staff about the construction project,

important facts were misrepresented and contradictory accounts were provided,

including:

32 | P a g e
 a. Original cost estimates and project details changed as third parties provided

various facts which contradicted leadership statements.

b. All work was done by district staff it wasnt.
c. All expenditures were paid from the 2014-2015 Budget they werent.
d. Initially the districts contracted architects wasnt involved until an

eyewitness placed him in the theatre offering advise it was later learned that

a consultant was paid through the architects district contract.

e. Contradictory information from members of the leadership team regarding

construction permits.
f. When the facilities committee was questioned, regarding the disturbance of

the cinder block walls and the potential for asbestos exposure, the Board was

assured that the cinder block walls were not cut into or disturbed during

construction information in (Appendix B, page 14) & (Appendix A, page 54)

suggest that existing cinder blocks were disturbed.

120. Part of the 2015-2016 Drama/Theatre Club Student Activity Funds $50,000

expenditures were spent to purchase 150 chairs and wood for construction these

are additional expenditures.

121. The board president acted independently, after the board voted on several

occasions not to pursue an independent investigation, and notified the NYS

Education Department and the NYS Comptroller of his concerns.

122. The State Education Department investigation determined that the space was

non-compliant with the Uniform Code and required an immediate fix, which

included 12 safety adjustments, including deconstructing the stage and the seating

risers.

123. The school district had significant liability exposure associated with a capital

project constructed without the required approvals.

33 | P a g e
124. When the board finally decided to do an audit/investigation of the business office

they selected a lawyer from Barclay Damon, LLP, which also serves as the school

districts Bond Counsel.

125. The board uses the districts internal auditor, Marvin & Co., to support the

audit/investigation of the business office they also have a conflict of interest.

Additionally the board tasks them to verify expenditures without asking them to

audit the relevant O&M account for any other expenditures.

126. Instead of an independent investigation the board created a limited investigation

lead and assisted by individuals and firms with a conflict of interest.

127. The majority of the board excludes the board president from participation and

limits access to investigators to limit his ability to have his questions answered.

34 | P a g e
Timeline Related to the Construction of the Black Box Theatre
and Related Board Actions:

June, 2015 CSDA leadership team becomes aware of unspent unencumber

residual funds, from 2014 2015 Budget year, and decides to construct a theatre in

Abrookin.

July, 2015 Demolition begins using an electrical maintenance contractor.

July 16, 2015 Board approves a $60,000 budget transfer in Routine Consent,

without discussion.

Fall, 2015 Primary contractor completes work.

Fall & Winter Early March, 2015 AHS, Career and Technical Education

students construct the stage and the risers for seating with construction materials

purchased by the Albany High School Theatre Ensemble.

December 3, 2015 Board approves a $51,300 budget transfer in Routine

Consent, without discussion.

March 4, 2016 March 17, 2015 The Albany High School Theatre Ensemble

presents Once On This Island in the newly constructed Black Box Theatre, which is

also described as the theatre department's new Ensemble Studio Theatre, located on

Kent Street. Total occupancy of approximately 250 during each performance.

35 | P a g e
 March 5, 2016 Board president, Kenneth M. Bruce, attended Once On This

Island performance and immediately had some safety concerns. Inquired, with an

AHS Academy Principal, during intermission.

March 16, 2016 Based upon similarities between this situation and another

situation, Mr. Bruce recommended that the Board redo the forensic analysis related

to this other issue, which is not directly associated with the theatre capital

improvement project.

March 16, 2016 At a public meeting of the CSDA, Facilities Committee, Mr.

Bruce asked the committee members for information on the theatre construction

how much; who approved it and who worked on it?

The CSDA, Assistant Superintendent for Business Affairs, Bill Hogan

responds: approved by the previous Superintendent not by board;

approximate cost of $120,000; all work done by district staff; funds from the

2014-2015 Budget.
Rich Peckham, of CS Arch, which is contracted by the CSDA for specific

construction projects, including the Albany High School Rebuild, states that

neither he nor his firm worked on the project.

Scott DePhillips, of Turner Construction, , which is contracted by the CSDA

for specific construction projects, including the Albany High School Rebuild,

states that neither he nor his firm worked on the project. Turner Construction

is contracted by the CSDA for specific construction projects, including the

Albany High School Rebuild.

Brian Dengler, CSDA, Director of Facilities, did not specifically weigh in.

36 | P a g e
 Mr. Bruce, Dr. Rose Brandon and Anne Savage are the three board members

on the committee. Dr. Brandon was in attendance for this meeting and Ms.

Savage was absent.

March 21, 2016 Mr. Bruce notifies the board of his belief that members of the

facilities committee were not completely forthcoming and honest about the theatre

construction. The board tasks the president with acquiring more information and he

communicates through email and conversation. (Exhibit 1)

April 7, 2016 Mr. Bruce on behalf of the Board asked Mr. Hogan to provide a

project summary at the April 7th Board Meeting, Based upon our discussion, can you

provide a brief overview during exec session tomorrow? Architect? Turner

Construction or in house labor? Any other relevant facts?

April 7, 2016 Mr. Hogan provides a Black Box Theatre Summary during

executive session of the evenings board meeting, sharing with the Board information

similar to what was shared with the Facilities Committee on March 16 th. approved

by the previous Superintendent not by the board; approximate cost of $120,000; all

work done by district staff; funds from the 2014-2015 Budget.

April 21, 2016 In an email on April 21, 2016, Mr. Bruce requested a May 3rd

meeting with the Mr. Hogan and Mr. Dengler, just prior to the scheduled Facilities

Committee Meeting to resolve inconsistencies related to whether CS Arch, the

districts contracted architect was involved, who actually did the work, etc.

37 | P a g e
 May 2, 2016 Mr. Hogan calls on May 2nd to eliminate the three way meeting and

offers statements related to architectural drawings; work of internal staff relative to

work by contracted firms; and whether or not there were any exceptional

construction needs. (Exhibit 2)

May 3, 2016 After the Facilities Committee Meeting, Mr. Bruce, board member

Anne Savage and director of facilities Mr. Dengler, engaged in a casual conversation

and Mr. Dengler explained that building construction within a school district in NYS

receives building permits through NYSED and not through the City, and he makes

statements related to building permits, architectural drawings, the district architects

involvement, and construction contractors.

May 4, 2016 The board president contacts Mr. Hogan to discern the incongruities

between Mr. Hogans prior statements up to an including May 2 nd and Mr. Denglers

statements on May 3rd. Mr. Bruce requested, on behalf of the board, another project

summary during the Board Executive Session on May 5th to try and resolve the

differences.

An excerpt of the request from Mr. Bruce, which asks essentially the same bulleted

questions from the May 2nd conversation:

Did the construction project involve an architect CS Arch or any other firm?

Was an outside contractor used Turner, _____ or any other firm?

38 | P a g e
 Did the construction project require anything exceptional? - - not

including the need to adjust and quieten HVAC.

Which budget item covered this project? And/or where and when did

the transfers occur.

And more broadly how does a $120K Capital Improvement Project

An excerpt from Mr. Hogans response:

Do at least four board members consider this a high priority that warrants further

time commitments from staff?... At this time I am not prepared to give more

specific information than what has already been provided to you and the Board

without doing more research. To do more research will pull me from several

important tasks that are in real-time (Exhibit 3 - full correspondence string)

Mr. Bruce now had definitive statements and proof that highlighted Mr. Hogans

consistent misrepresentations of the truth throughout the process.

May 13, 2016 Special Assistant to the Superintendent, Ray Colucciello, prepares

Memo concerning Black Box Theatre for Dr. Kimberly Wilkins, Acting

Superintendent, which is primarily based upon the information provided in a memo

prepared by Mr. Dengler on May 12th. (Exhibit 10)

39 | P a g e
 May 19, 2016 May 22, 2016 Despite the concerns about the safety and

construction of the theatre, four performances of the Albany High School Theatre

Ensembles 2016 Promising Playwrights Festival is presented in the Black Box

Theatre at Abrookin.

May 19, 2016 Board secretary, Anne Savage resigns from the Facilities

Committee and board member Ellen Roach replaces her on the committee.

May 19, 2016 During the Board Meeting Executive Session, the board president

expressed his concerns, and reaffirmed his belief that numerous NYSED and NYS

Laws could have been violated. Based upon the inconsistencies, the

misrepresentations, and the appearance of a cover-up the board president

recommended that the board conduct a full independent investigation related to the

theatre construction, supported by a forensic audit. The board vice president, Sue

Adler, disagreed and stressed that any investigation would risk violating a

disparagement clause in the separation agreement with the previous superintendent

and also suggests that the Superintendent, as NYS Designated Receiver, didnt need

Board approval. The Board votes against any formal investigation of the unapproved

capital improvement project.

May 20, 2016 Mr. Bruce communicates regarding the deliberations from the

previous nights board meeting and expressed that the theatre construction issue

warranted immediate action and if the board would not act and conduct its own

investigation, then he would act independently on behalf of Albanys students and

families, and he would personally notify the authorities of his concerns so that they

may conduct an independent investigation. The boards responded by sending him

40 | P a g e
 threatening letters strongly suggesting that he cease and desist any pursuit of the

matter. (Exhibit 6)

May 20, 2016 The board vice president suggests the there be no further Black

Box Theatre inquiries until the June 2nd Board Meeting Executive Session. (Exhibit 7

and Exhibit 8)

June 1, 2016 June 2, 2016 Mr. Bruce contacts Mr. Hogan with questions

regarding Dr. Colucciellos May 13th memo and Mr. Hogan provides a response.

(Exhibit 11)

June 2, 2016 During Board of Education Meeting Executive Session at Pine Hills

Elementary School, the Board is presented with Dr. Colucciellos Black Box Theatre

memo dated May 13, 2016. Mr. Hogan provides the board with answers to the Mr.

Bruces previously submitted questions. Mr. Bruce was even more concerned that

Mr. Hogans responses contradict some known facts and more deeply concerned

with the inability to ascertain a detailed factual account of exactly what transpired.
June 2, 2016 A special Executive Session is convened after the Board Meeting

where the majority of the board suggested that the board presidents concerns are

unfounded and that his actions are a personal attack on the former superintendent.

Mr. Bruce reaffirms his belief that the theatre construction issue warranted

immediate action and that he is focused on upholding his fiduciary responsibility

and is primarily concerned about where the money came from, how the contracts

were awarded and the numerous safety issues related to the construction. Mr. Bruce

41 | P a g e
 is warned to cease and desist any further pursuit of anything related to the Black

Box Theatre. The majority of the board focused instead on the potential liability

associated with exposing this situation.

Ms. Adler successfully convinced the board that the potential of a violation of a

employment severance agreement was more important than the open questions and

contradictions related to how the theatre was paid for and constructed and whether

or not it was safe.

Ms. Adler raises an additional point that the previous superintendent did not require

board approval to construct the theatre because she was the NYSED appointed

receiver at Albany High School.

Over several board meeting executive sessions and a board meeting with counsel, the

board president reiterated his concerns and the board deliberated and voted at least

three times not to act and not to pursue an investigation. Mr. Bruce reaffirmed that

he would act if the board continued to refuse to recognize the issues.

June 6, 2016 The NYS Association of Small City School Districts Annual

Conference featured NYS Education Department Commissioner Mary Ellen Elia.

During the event Q&A, Mr. Bruce asks the Commissioner if a Superintendent, acting

as a NYS Designated Receiver can plan and execute a capital project without Board

approval. The Commissioner asks Mr. Bruce to provide a more detailed question

which she can refer to legal or the appropriate department.

June 6, 2016 After a brief private discussion with the Commissioner and a NYS

Regent, Mr. Bruce, over the objections of the rest of the board, immediately emails

42 | P a g e
 New York State Education Department to share his concerns regarding the

construction of the Black Box Theatre. (Exhibit 13)

June 9, 2016 - Special Assistant to the Superintendent, Ray Culucciello, prepares a

memo concerning Black Box Theatre budget transfers for the Acting Superintendent.

June 10, 2016 The Majority of the Board of Education prepare a formal

warning letter to Kenneth Bruce, the board president to Cease and Desist

discussing the Black Box Theatre Construction based upon their concern for

potential liability exposure related to a disparagement clause in an employment

separation agreement. (Exhibit 14)

June 13, 2016 A Board Meeting Executive Session, originally scheduled to

discuss employee contract negotiations, was repurposed by the board vice president

Sue Adler and the meeting focused on the boards request that Mr. Bruce not pursue

his concerns any further based upon the majority decision of the Board and the

Boards continued concern about potential legal liability related to the separation

agreement.

The meeting concludes with the Boards decision to do an internal audit of budget

transfers, which was discussed previously as a possibility in an Audit Committee

Meeting.

By the time of this meeting, Mr. Bruce had already contacted NYSED and had shared

this fact in an email to the board.

43 | P a g e
 June 20, 2016 Based upon Mr. Bruces letter, Carl T. Thurnau, P.E., Office of

Facilities Planning (OFP) Engineer, NY State Education Department, notified the

city school district that it could not use the Black Box Theatre space until it was it has

been inspected for safety, reverse engineered to determine if all NYSED safety rules

and requirements were followed, and the contractors have certified their work, and

afterwards any required adjustments were corrected to make the space compliant

with the Uniform Code.

June 22, 2016 Mr. Bruce responds to the Cease and Desist letter dated, June

10, 2016, and explains, I will continue to recommend to the Board of Education that

we hire an outside counsel to do a simultaneous investigation into the construction

of the Black Box Theatre along with the New York State Education Department

and he summarizes the laws that he believes were broken. (Exhibit 15)

June 23, 2016 The board president meets with a legal professional, who has

extensive experience and a solid background in NYS Education Law, and Mr. Bruce

explains the situation related to the Black Box Theatre, the Board of Educations

desire is to do an internal audit instead an independent investigation. Mr. Bruce

receives some guidance with regards to appropriate next steps.

Sometime late June or early July, 2016 The general understanding is that

the six members of the Board of Education met with Jeff Honeywell, Esq., CSDA

District Counsel. The board president, Kenneth M. Bruce, was not notified of this

meeting nor was he offered an explanation about why he should not participate. One

result of the meeting(s) was a formal recommendation, that Mr. Bruce resign from

44 | P a g e
 the Board of Education based upon his continue pursuit of the Black Box Theatre

issue and his decision to notify the NYS Education Commisioner. The letter

continues to suggest that Mr. Bruce concerns are actually a personal vendetta against

the previous superintendent (Exhibit 18). The second result and much more

important result of the meeting was that the majority of the board illegally

conducted school district business, without Mr. Bruces involvement, and reached

decisions on a parallel investigation and then directed staff, counsel, and

professional service firms to act on these important decisions.

Thursday, July 7, 2016 The Board dispatched Mr. Honeywell, District Counsel,

to meet with Mr. Bruce. Mr. Honeywell informed Mr. Bruce that the Majority of the

Board. decided to conduct an internal audit supported by a parallel legal

investigation related to the construction of the Black Box Theatre.

Mr. Honeywell explained that they decided on a method, selected an auditor,

selected an independent counsel, selected a district staffer as the point person,

decided the district counsels role in the investigation, and directed a board member

to contact the auditor and she provided directives and parameters, etc. During this

meeting, Mr. Bruce objected to several of the groups decisions and expressed his

displeasure with not being informed of the meeting and in being excluded from the

meeting and these very important deliberations. Mr. Honeywell expressed that these

decisions were already made by the majority of the board and that there was

nothing that Mr. Bruce could do about it. Mr. Bruce also expressed to Mr.

Honeywell that he believed that excluding a duly elected member of the Board of

Education and the board elected president from this important decisions was illegal.

45 | P a g e
 Mr. Bruce requested an agenda and meeting minutes and Mr. Honeywell informed

him that an agenda was not prepared and minutes were not recorded. Mr.

Honeywell refused to answer how often the board had met without Mr. Bruce. Mr.

Bruce requested a copy of the investigation plan and again Mr. Honeywell informed

Mr. Bruce that there was no written account of the plan.

Mr. Bruce expressed that selecting a lawyer from the firm which serves as the school

districts bond counsel was inappropriate since this firms primary point of contact

with the school district is the Business Office and it is this office that is the subject of

the investigation. The District Counsel further explained that the Districts external

auditor would be used to conduct the internal audit/investigation and named the

districts external auditor. The Board President questioned why the board decided to

use the external auditor, instead of the internal auditors, as previously discussed on

June 13th and Mr. Bruce objected to this fact as well. Mr. Honeywell explained that

this is the choice of the Majority of the Board and again reiterates that the decisions

have already been made by the Majority of the Board and that there was nothing that

the Board President could do to change these decisions. It was later resolved that in

fact the internal auditor would be used.

The Majority of the Board selected investigation professionals with conflicted

interests to do an independent investigation.

The Board of Education violated NYS Education Law and also violated this

communitys trust doing the work of the school district while excluding a board

member the president.

46 | P a g e
 July 7, 2016 Based on the conversation with Mr. Honeywell and the majority of

the boards decision to conduct an audit/investigation decision using less

independent investigators, Mr. Bruce contacted the NYS Comptrollers Office and

requested an audit of the City School District of Albany based upon his concerns

related to the construction of the Black Box Theatre and another prevalent issue.

(Exhibit 17)

July 13, 2016 An article by Chris Churchill focused on unanswered questions

regarding the Black Box Theatre appeared in the Times Union. (Exhibit 21)

July 14, 2016 NYS Education Department assisted by the districts architect CS

Arch review the Black Box Theatre. (Exhibit 22)

July 14, 2016 NYS Comptrollers Office notifies the Board President of a

proposed audit of the City School District of Albany based upon the Board

Presidents request. He notifies the Board and the Acting Superintendent of the

proposed audit. (Exhibit 23)

August 2, 2016 The Assistant Superintendent for Business Affairs emailed,

Based upon more recent reviews of the Black Box Theatre and guidance from SED,

I would like to have a meeting next week to discuss the steps necessary to have the

Black Box available for classroom use in time for school opening in September.

47 | P a g e
 Due to the tight timeline, we cannot wait until our next meeting on August 15 th. By

meeting next week, we can avoid the meeting on August 15th.

The Facilities Committee is presented with the results of the NYSED

Investigation/Reengineering. The space requires 12 adjustments (Exhibit 20 and

Exhibit 22) at a cost of approximately $10,000 - $20,000 to make the space safe and

available for use as a classroom. To use the space as a theatre required 28 additional

adjustments (Exhibit 16) at a cost of over $100K, it also required satisfying all the

requirements of a capital improvement project.

The Facilities Committee recommended to the Board that the space be reconfigured

as a classroom and that the school district should proceed and execute the 12

necessary safety related adjustments for completion by the beginning of school in

September.
Based on his belief that the cinder block wall has been cut into, Mr. Bruce requested

an asbestos test. (Exhibit 24)

August 2, 2016 Mr. Bruce notifies the board of the Facilities Committee

recommendation and requests that the board place this as a discussion item at the

next Board Meeting. NYSED provides an emergency safety waiver which allows the

CSDA to do the necessary capital improvements without the usual requirements,

such as design approval by NYSED; a referendum, etc. The Agenda Committee,

consisting of Mr. Bruce, Ms Adler, and Ms. Savage voted against Mr. Bruce and did

not place the Black Box Theatre discussion on the board agenda for discussion.

(Exhibit 22) In fact the board has still not discussed the theatre construction in

public board meeting.

48 | P a g e
 August 23, 2016 The Board President contacts the NYSED Commissioners Office

to inquire about the method to file a complaint related to the illegal meeting of the

Majority of the Board in early July. (Exhibit 25)

August, 2016 The six members of the Board attempt to isolate and discredit the

president and generally ignore his correspondence. Based on the lack of board

cooperation and lack of response to his communications, the board president

recommends that another board member take over the lead of the Superintendent

Search, since this task is too important not to be done properly. (Exhibit 30) Ms.

Savage took over.

August 24, 2016 During a CSDA Agenda Setting Meeting, there is a

disagreement regarding consideration of a change order resolution as an agenda

item, and Ms. Adler informs Mr. Bruce that he only has a short time remaining as

president and implies that the board has already deliberated and selected the next

president.

September 6, 2016 Renovation of the former Black Box Theatre space into a

safe drama classroom for up to 49 occupants, which adheres to the Uniform Safety

Code, is completed in time for the opening of school.

September 1, 2016 Mr. Bruce tried unsuccessfully to get a Change Order

Resolution discussion on the Board agenda. The school districts has not had an

49 | P a g e
 active Change Order Resolution since one was passed in 2003, which related

exclusively to the district wide elementary and middle school capital project, which

concluded in 2010. (Exhibit 26) District leadership continued to approve change

orders despite the lack of proper approval in place.

September 15, 2016 Mr. Bruce, Ms. Adler, Ms. Savage and board member Vickie

Smith attend NYSSBA Officers Training. Ms. Smith explains that it is never too early

to plan for the future.

September 15, 2016 During the Board Meeting Executive Session, Ms. Adler,

shares that she, board member Vickie Smith and district counsel went to the NYS

Comptrollers Office to share a preliminary version of the boards Black Box Theatre

Report and to dissuade the Comptroller from an audit.

September 23, 2016 The City School District of Albany is formally notified of

NYS Comptrollers Offices decision to conduct an audit to begin in October.

October 5, 2015 Mr. Bruce meets again with another legal professional, who has

extensive experience and a solid background in NYS Law. Mr. Bruce explains the

situation related to the theatre construction and the boards desire to postpone any

public discussion on the topic. The legal professional explains the actions for the

other board members in response to his informing NYSED and the NYS Comptroller

Office of his concerns. It is recommended that Mr. Bruce consider a federal whistle

blower claim based on the systemic actions of the board members.

50 | P a g e
 October 13, 2016 Letter from the Board Counsel dissuading Mr. Bruce from any

further action and suggested that further sharing information could violate attorney-

client privilege. (Exhibit 28)

October 18, 2016 An asbestos test in the black box classroom is negative.

(Exhibit 27) Mr. Bruce went directly to the interim superintendent and explained

the Facilities Committee and the boards successful effort to postpone the test. Dr.

Wilkins directs staff to conduct the test.

January 3, 2017 As Ms. Adler stated on September 15th, Mr. Bruce is not

reelected as board president.

January, 2017 The Board works towards completion of the Black Box Theatre

Investigation. It is determined that there was no malicious intent in anyones actions

and consequently there will be a very limited action as a result.

January 18, 2017 Unable to get answers to important questions, Mr. Bruce

resorted to requesting information through FOIL:

Request for Sue Adler's correspondence (Exhibit 30)
Request for Bill Hogans correspondence (Exhibit 31)
Request for CSDA (district-wide) Operations & Maintenance Acct.(Exhibit 32)
Request for CSDA Contracts with Dr. Betty Webb (Exhibit 33)
Request for Ann Savage and Vickie Smith's correspondence (Exhibit 34)

March 1, 2017 Facilities Committee Chair - Vickie Smith has in fact never served

on the committee and until this evening she had never attended a meeting. Last year

Mr. Bruce, as a member of this committee, highlighted and worked to reconcile the

safety issues associated with the illegally constructed Black Box Theatre. He is also

the longest serving member of the committee and the only board member with a

51 | P a g e
 degree in civil engineering. This in fact seems to part of your continued efforts by

Ms. Adler. (Exhibit 36)

March 1, 2017 Mr. Bruce receives another Warning Letter from Mr. Honeywell.

(Exhibit 35)

March 8, 2017 The board issues a statement on new procedures for small

facilities projects and leaves out some very important facts. (Exhibit 37)

List of Exhibits

Exhibit 1 - - Original inquiries by Mr. Bruce regarding Black Box

Theatre

Exhibit 2 - - Meeting prior to the May 3rd Facilities Committee

Meeting

Exhibit 3 - - Mr. Hogan and Mr. Bruce Correspondence after May 3 rd

Conversations
Exhibit 4 - - No Exhibit 4
Exhibit 5 - - No Exhibit 5
Exhibit 6 - - Mr. Bruces Response to May 20th Board Decision not to

Investigate
Exhibit 7 - - Ms. Adlers Response to Mr. Bruces Response to May

20th Board Decision and the Ensuing Discussion

Exhibit 8 - - Ms. Adlers Attorney-Client Privilege string
Exhibit 9 - - No Exhibit 9

52 | P a g e
 Exhibit 10 - - Dr. Colucciellos Report on Black Box Theatre dated

May 13, 2016

Exhibit 11 - - Bill Hogans response to questions related to Dr.

Colucciellos Report on Black Box Theatre dated May 13, 2016

Exhibit 12 - - No Exhibit 12

Exhibit 13 - - Mr. Bruces letter to NYS Department of Education

Commissioner, dated June 6, 2016 and Related Correspondence

Exhibit 14 - - Letter from the Majority of the Board to Mr. Bruce
Exhibit 15 - - Mr. Bruces response to the letter from Ms. Adler and

the Majority of the Board of Education dated June 10, 2016.

Exhibit 16 - - NYSED Inspection Summary on July 14, 2016
Exhibit 17 - - Mr. Bruces Request to the Office of the NYS

Comptroller dated July 7, 2016

Exhibit 18 - - Request from the Majority of the Board for Mr.

Bruces
Exhibit 19 - - Audit/Investigation Authorized by the Majority of the

Board
Exhibit 20 - - NYS Education Department review the Black Box

Theatre dated August 8, 2016, with CS Arch

Exhibit 21 - - Mr. Churchills article in Times Union dated July 13,

2016
Exhibit 22 - - NYS Education Department review the Black Box

Theatre dated July 14, 2016, with CS Arch

Exhibit 23 - - NYS Comptrollers response July 14, 2016

53 | P a g e
 Exhibit 24 - - Communication related to the Facilities Committee

Meeting on August 2, 2016 and Asbestos Test Request

Exhibit 25 - - NYSED regarding formal Commissioners appeal
Exhibit 26 - - More Communication related to the Facilities

Committee approval of the Black Box Classroom, Change Orders and

Public Report on the Black Box Classroom

Exhibit 27 - - Asbestos Test in the Black Box Classroom is Negative on

October 18, 2016

Exhibit 28 - - Mr. Honeywells letter, dated October 13, 2016 to

dissuade Mr. Bruce from further action

Exhibit 29 - - Mr. Bruces letter, dated September 29, 2016 providing

his feedback on the investigation

Exhibit 30 - - New York Freedom of Information Law, Article 6 of the

Public Officers Law - Request for Sue Adler's correspondence

Exhibit 31 - - New York Freedom of Information Law, Article 6 of the

Public
Exhibit 32 - - New York Freedom of Information Law, Article 6 of the

Public Officers Law - Request for City School District of Albany

(district-wide) Operations and Maintenance Account

Exhibit 33 - - New York Freedom of Information Law, Article 6 of the

Public Officers Law - Request for City School District of Albany

Contracts with Dr. Betty Webb

Exhibit 34 - - New York Freedom of Information Law, Article 6 of the

Public Officers Law - Request for Ann Savage and Vickie Smith's

correspondence

54 | P a g e
 Exhibit 35 - - Another Warning Letter from Mr. Honeywell
Exhibit 36 - - Committee Assignments
Exhibit 37 - - Boards Statement regarding New procedures for

small
Exhibit 38 - - Next Act follows theater miscue

55 | P a g e