FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`JASON SMITH
`
`1
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`----------------------------------------
`AB 511 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`20-46602
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`AB 524 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`21-47386
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`Examination before trial of JASON SMITH,
`taken pursuant to Notice under Article 31 of the
`Civil Practice Law and Rules, in the ALBION
`COURTHOUSE, 1 South Main Street, Albion, New York,
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`JASON SMITH
`
`1
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`----------------------------------------
`AB 511 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`20-46602
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`AB 524 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`21-47386
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`Examination before trial of JASON SMITH,
`taken pursuant to Notice under Article 31 of the
`Civil Practice Law and Rules, in the ALBION
`COURTHOUSE, 1 South Main Street, Albion, New York,
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`2
`
`on June 16, 2022, commencing at 12:53 p.m., before
`ERIN K. DESTINO, Notary Public.
`
`APPEARANCES:
`
`LAW OFFICES OF STEVE BOYD & JOHN ELMORE
`BY LEAH COSTANZO, ESQ.
`2969 Main Street
`Suite 100
`Buffalo, New York 14214
`lcostanzo@steveboyd.com
`Appearing for the Plaintiffs
`WEBSTER SZANYI, LLP
`BY SHANNON O'NEILL, ESQ.
`1400 Liberty Building
`Buffalo, New York 14202
`soneill@websterszanyi.com
`Appearing for the Defendants
`
`
`
` (STIPULATIONS: Waive filing of
` the transcript, waive Oath of the Referee,
` reserve all objections until trial, with
` exception of objections as to form.)
`
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`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`EXAMINATIONS:
`BY MS. COSTANZO:
`
`
`
`INDEX
`
`*****
`
`3
`
`PAGE:
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`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`4
`
`THE REPORTER: Usual stipulations.
`MS. O'NEILL: Yes, and same thing with the
`60-day read and sign.
`
`J A S O N S M I T H, 260 State Street, Batavia,
`New York 14020, after being duly called and sworn,
`testified as follows:
`
`EXAMINATION BY MS. COSTANZO:
`
`Q.
`Good morning, Mr. Smith.
`A.
`Good morning.
`Q.
`Or good afternoon. I'm sorry.
`A.
`Yeah.
`Q.
`My name is Leah Costanzo. We met
`briefly off the record. I'm the attorney that
`represents the plaintiffs in the actions that have
`been brought against the Lyndonville Central School
`District.
`I'm just going to ask you a series of
`questions. Have you ever given a deposition
`before, sir?
`A.
`I do not think so, but it's possible.
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`12:54:28
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`12:54:28
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`5
`
`I don't remember.
`Q.
`So I'll just remind you some of the
`rules going into the deposition that maybe you're
`already aware of.
`At some point I'm going to ask you a few
`questions and you're going to give me responses.
`If at any point you don't understand a question I'm
`asking, let me know. I will be happy to rephrase
`it for you.
`Also, I just ask that all of your responses
`are verbal. Yeses and nos, no head nods or
`uh-huhs, because she won't be able to take that
`down for the record.
`Also, I just ask that you wait until my
`question's completely finished before you provide
`an answer, and then we should be all set.
`A.
`Okay.
`Q.
`Sir, did you review any documents in
`preparation of your testimony today?
`A.
`I just reviewed -- just the
`interrogatories stuff that I've seen. Yeah.
`Q.
`We had a document that was previously
`marked in the last deposition as Plaintiff's
`
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`12:55:19
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`12:55:22
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`6
`
`Exhibit 1. And I'm just going to show you the
`front page of that document. You don't have to
`read it.
`But just, is that the document that you
`recognize to be the document you reviewed before
`come to testify today?
`A.
`Can I look through it some more?
`Q.
`Sure, of course.
`A.
`Yes.
`Q.
`Okay. Aside from the interrogatories
`that you just reviewed as Plaintiff's 1, did you
`review any other documents before testifying today?
`A.
`No.
`Q.
`And, sir, can you tell me your date of
`
`birth?
`
`A.
`November 7, 1971.
`Q.
`You said your current address is
`260 State Street in Batavia, New York?
`A.
`Yes.
`Q.
`Where is it that you work?
`A.
`Batavia City School District.
`Q.
`What is it that you do for the Batavia
`City School District?
`
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`12:56:27
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`12:56:33
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`7
`
`A.
`Superintendent of schools.
`Q.
`How long have you worked as
`superintendent of schools to Batavia City School
`District?
`A.
`Since January of 2022.
`Q.
`So the first of this year you started
`at Batavia City?
`A.
`Yes.
`Q.
`And can you just describe for me
`briefly what your job duties are at the Batavia
`City School District?
`A.
`I'm the superintendent of schools. So
`I'm in charge of the overall operations of the
`district, educational programming, financing,
`personnel, labor relations, community relations,
`athletics, extracurriculars. Anything that comes
`my way.
`Q.
`Prior to working at the Batavia City
`School District, where did you work?
`A.
`Lyndonville Central School District.
`Q.
`How long were you at Lyndonville?
`A.
`From December of 2011 to December of
`
`2021.
`
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`12:57:27
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`12:57:31
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`8
`
`Q.
`Were you the superintendent at
`Lyndonville during the entire time that you worked
`there?
`
`A.
`Yes.
`Q.
`And the job duties that you recently
`described in the Batavia City School District, is
`that similar to or identical to the job duties that
`you had in Lyndonville?
`A.
`Identical.
`Q.
`Prior to working at Lyndonville, where
`did you work?
`A.
`The Elba Central School District,
`E-L-B-A.
`Q.
`What did you do for the Elba Central
`School District?
`A.
`I was the principal.
`Q.
`How long did you serve as principal of
`the Elba Central School District?
`A.
`August of 2004 through December of
`
`2011.
`
`Q.
`Was there only one school in the Elba
`Central School District?
`A.
`There's one physical building, but
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`12:58:32
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`9
`
`there's two schools within the building.
`Q.
`Were you the principal of both schools?
`A.
`Yes. I was the high school for four
`years, elementary for two, and then principal of
`the entire school for about a year and a half.
`Q.
`Okay. So I'm just going to back up a
`little bit. Is it fair to say that in the Elba
`Central School District there's three principals?
`A.
`No. There's two.
`Q.
`Two. So you served as high school
`principal for four years?
`A.
`Mm-hmm.
`MS. O'NEILL: Is that a yes?
`THE WITNESS: Yeah. I'm sorry. Yes.
`BY MS. COSTANZO:
`Q.
`And the elementary school principal for
`two years; is that right?
`A.
`Yes.
`Q.
`When you say you were the entire school
`principal for one and a half years --
`A.
`So at that point the district combined
`the positions into, like, a combined K through 12
`principal. It's no longer that way, but for a year
`
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`12:59:25
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`10
`
`and a half or so that's how it was done.
`Q.
`When you first started at the Elba
`Central School District in August of 2004, what was
`your job?
`A.
`Secondary principal.
`Q.
`The secondary principal for the
`elementary school?
`A.
`Seven through 12.
`Q.
`And then when did your job title from
`high school principal change in the Elba Central
`School District?
`A.
`Probably around 2008 or 2009. I'm not
`exactly sure, but within that time frame.
`Q.
`What was your job title in 2008, 2009?
`A.
`Elementary principal.
`Q.
`How long -- and you said two years you
`served in that capacity?
`A.
`Yes, I think so.
`Q.
`And after the two years as elementary
`school principal, is that when the Elba Central
`School District combined to form one K through
`12 --
`
`A.
`
`I can't say whether it was combined,
`
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`13:00:25
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`11
`
`but my new assignment was K through 12 principal.
`Q.
`So would that have been in about 2011
`approximately?
`A.
`About 2010 to 2011.
`Q.
`So sometime in about 2010 or 2011, the
`Elba Central School District reduced two principals
`down to one principal?
`A.
`I can't say that for sure.
`Q.
`Okay. But at some point, which you
`estimated in 2010 to 2011, there was only one
`principal and that was you; is that right?
`A.
`Yes.
`Q.
`Okay.
`A.
`That's an accurate statement.
`Q.
`Before the Elba Central School
`District, where did you work?
`A.
`Albion Central School District.
`Q.
`And what did you do for them?
`A.
`I had a couple roles. I was a teacher
`and assistant principal.
`Q.
`When -- strike that.
`How long were you with the Albion Central
`School District?
`
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`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`12
`
`A.
`December of 1994 to August of 2004.
`Q.
`When you first started in September of
`1994, what was your job title?
`A.
`Social studies teacher.
`Q.
`Is it for a particular grade?
`A.
`High school, mostly grade 11 and 12.
`Q.
`And how long were you a social studies
`teacher at Albion?
`A.
`Technically six years, but I was a dean
`of students for year seven. I was still a member
`of the bargaining -- teacher bargaining union for
`year seven.
`Q.
`What was your position in the teacher's
`
`union?
`
`A.
`I was a teacher and then I was put in
`special assignment for dean of students for a year.
`Q.
`After your title of social studies
`teacher and dean of students, when is it that you
`became assistant principal?
`A.
`2001.
`Q.
`And when you left the Albion Central
`School District, were you still the assistant
`principal?
`
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`13:03:00
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`13
`
`A.
`Yes.
`Q.
`So you held that position for
`approximately three to four years?
`A.
`Three years.
`Q.
`Any other job titles that you held at
`the Albion Central School District other than
`teacher assistant principal and dean of students?
`A.
`No. To be clear, the dean of students
`was not a job title. The job title when I was dean
`of students was still a teacher.
`Q.
`What -- what were the requirements or
`responsibilities of the dean of students when you
`worked at the Albion Central School District?
`A.
`I oversaw discipline, attendance,
`tardiness, some instructional pieces.
`Q.
`The dean of students, was that a
`separate position, title, aside from teacher?
`MS. O'NEILL: Form.
`THE WITNESS: It was -- I was a member of
`the Albion teacher's association for seven years,
`in year seven I was -- my assignment was dean of
`students.
`BY MS. COSTANZO:
`
`1 2 3 4 5 6 7 8 9
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`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`14
`
`Q.
`Okay. And the dean of students
`position, that wasn't a separate job for which you
`were paid; is that correct?
`A.
`I was paid on step seven of Albion
`teacher's contract that year.
`Q.
`Okay. And maybe this will help clarify
`things. You were still working as a social studies
`teacher and then you took on additional studies of
`overseeing the discipline and attendance --
`A.
`They weren't additional. They were my
`duties.
`Q.
`They were your duties in year seven at
`the Albion Central School District; is that right?
`A.
`Yes.
`Q.
`But as social studies teacher, you
`didn't have the job duties of discipline and
`attendance?
`A.
`No.
`Q.
`So that was only in year seven that you
`obtained those additional job duties --
`A.
`Right.
`MS. O'NEILL: Let her finish the question.
`It's to make the court reporter's life a little
`
`1 2 3 4 5 6 7 8 9
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`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`15
`
`easier.
`BY MS. COSTANZO:
`Q.
`Prior to the Albion Central School
`District, where did you work?
`A.
`I was in college.
`Q.
`Is Albion Central School District the
`first job that you had out of college?
`A.
`Yes.
`Q.
`Where is it that you went to college?
`A.
`Geneseo for undergraduate, Brockport
`for graduate.
`Q.
`And what was your undergraduate degree
`in from Geneseo?
`A.
`I majored in history, secondary
`education.
`Q.
`Geneseo?
`A.
`Yes.
`Q.
`And what year did you graduate Geneseo?
`A.
`1994.
`Q.
`When did you attend Brockport for your
`graduate degree?
`A.
`1995 through about 1997. No. No.
`
`Did you get a bachelor's degree from
`
`1 2 3 4 5 6 7 8 9
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`13:06:02
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`16
`
`1994 to about 1997.
`Q.
`And did you -- you completed your
`graduate degree at Brockport?
`A.
`Yes.
`Q.
`What was your graduate degree in?
`A.
`Master's degree in education followed
`by a certificate of advanced study in educational
`administration.
`Q.
`Where is it that you went to high
`school?
`A.
`Q.
`
`Batavia High School.
`Were you born and raised in Western New
`
`York?
`
`A.
`Yes.
`Q.
`Did you ever attend the Lyndonville
`Central School District or any of its schools
`during your life?
`A.
`No.
`Q.
`I'm sorry. What year did you graduate
`high school?
`A.
`1990.
`Q.
`Aside from Geneseo, Brockport, and
`Batavia High School, any other educational
`
`1 2 3 4 5 6 7 8 9
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`13:07:17
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`17
`
`institutions that you've attended?
`A.
`I took a couple of courses at the --
`through the University of Virginia, one summer
`course; and one a through the University of
`Vermont, and that was just a couple of summer
`courses; and GCC, Genesee Community College here
`and there.
`Q.
`Were those courses that you took
`through your employment or while you were still in
`college?
`A.
`Both.
`Q.
`Okay. The courses that you took
`through the University of Virginia, were those
`employment related?
`A.
`They were for -- they were for my --
`MS. O'NEILL: Form.
`THE WITNESS: They were for my master's
`degree.
`BY MS. COSTANZO:
`Q.
`How about the courses that you attended
`at the University of Vermont, were those for
`employment purposes?
`A.
`For my master's degree.
`
`1 2 3 4 5 6 7 8 9
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`13:08:18
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`18
`
`Q.
`And same question for GCC, was that
`employment related?
`A.
`For my degree, undergraduate degree.
`Q.
`Did you ever attend any courses at an
`educational institution for job-related functions
`or training?
`A.
`No. They were for -- no, they were for
`my -- I don't understand the question.
`Q.
`Sure. The -- the educational
`institutions that we've already discussed were all
`in furtherance of a degree; is that right?
`A.
`Yes.
`Q.
`Did you ever attend any courses at any
`educational institution for job-related
`requirements?
`A.
`No.
`Q.
`You said you've been at Lyndonville
`Central School District since December of 2011
`through December of 2021; is that right?
`A.
`Yes.
`Q.
`And can you tell me where is it that
`your office was located during that time?
`A.
`25 Housel Avenue in Lyndonville.
`
`1 2 3 4 5 6 7 8 9
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`13:09:38
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`19
`
`Yes.
`Were you required to be at every board
`
`Q.
`And did any of your job requirements as
`superintendent of Lyndonville require you to be off
`premises?
`A.
`No. Well, for, like, occasional
`meetings, monthly meetings.
`Q.
`Was there any requirement as
`superintendent of schools to attend certain board
`meetings?
`A.
`Q.
`meeting?
`A.
`Q.
`meetings?
`A.
`Monthly, and then as needed.
`Q.
`Can you describe to me a circumstance
`where there would be a board meeting that wasn't
`occurring monthly?
`MS. O'NEILL: Do you understand the
`question?
`THE WITNESS: If we had a special meeting
`that we had to have, if something was timely and
`had to be approved, that type of thing. If BOCES
`
`Yes.
`How often did Lyndonville hold board
`
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`13:10:38
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`13:10:41
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`13:10:44
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`20
`
`required us to have a budget vote for their budget,
`that type of thing.
`BY MS. COSTANZO:
`Q.
`Can you describe for me what contact,
`if any, you would have with students during your
`time at Lyndonville as superintendent?
`A.
`As much as I wanted or needed. I was
`in the hallways and I was running the school. I
`would go to games and events, classrooms. So
`almost every day.
`Q.
`What would be a circumstance where you
`would go to a classroom at school?
`A.
`For observation of a teacher, to -- if
`I was invited to walk through, safety checks. Any
`of those reasons.
`Q.
`Were you responsible for doing regular
`observations of teachers at Lyndonville?
`A.
`That was part of my job. It mostly
`fell to the principals, but I did do observations.
`Q.
`How often would you do observations of
`teachers as superintendant at Lyndonville?
`A.
`It varied. Maybe -- maybe 20 to 30 per
`
`year.
`
`1 2 3 4 5 6 7 8 9
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`13:12:02
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`13:12:09
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`21
`
`Q.
`Would it be the principal that would
`provide you the teacher's name and information for
`performing the evaluation or was that assigned some
`other way?
`MS. O'NEILL: Form.
`THE WITNESS: We just had a master list that
`we went through assigned teachers. So it was never
`provided to me. We just had it.
`BY MS. COSTANZO:
`Q.
`Who is it at Lyndonville during your
`time there that would do teacher observations?
`A.
`The superintendent and the rest of the
`administrators.
`Q.
`When you say, "the rest of the
`administrators," who is it that you mean? And you
`can describe them by job title.
`A.
`The -- the principals. I know we had a
`director position who oversaw special ed and
`grants, staff development, instruction.
`Q.
`So is it fair to say that the
`individuals that you understood would do teacher
`evaluations were either you, the superintendent, or
`principals or the director?
`
`1 2 3 4 5 6 7 8 9
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`13:13:14
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`13:13:17
`
`13:13:19
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`22
`
`A.
`Yes.
`Q.
`Do you know if that was the policy for
`doing teacher evaluations prior to coming to
`Lyndonville?
`A.
`I don't know that.
`Q.
`Okay. Do you have any information
`about the policies and procedures that were in
`place for your position in Lyndonville prior to
`when you got there?
`A.
`I do not know that.
`Q.
`Okay. Are you aware of any document
`that discusses the policies and procedures of
`individuals employed by the district during the
`time prior to when you got there in --
`A.
`No.
`Q.
`-- 2010 -- 2011?
`A.
`No.
`Q.
`Was there any sort of training or
`informational meeting or something else that you
`were provided when you first started as
`superintendent?
`MS. O'NEILL: At Lyndonville?
`MS. COSTANZO: At Lyndonville. Thank you.
`
`1 2 3 4 5 6 7 8 9
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`13:13:38
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`13:14:32
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`13:14:33
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`13:14:35
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`23
`
`THE WITNESS: What kind of training?
`BY MS. COSTANZO:
`Q.
`Just in general. Did you undergo any
`sort of training when you joined Lyndonville as
`superintendent back in December of 2011?
`A.
`I went to conferences through my
`association but, no, I was not given any training
`on how to be a superintendent. I took classes and
`I had experience.
`Q.
`And I -- I think I mean specifically
`with respect to Lyndonville and how Lyndonville
`operated. So did you -- when you went to
`Lyndonville, how is it that you became familiar
`with the way Lyndonville operated?
`A.
`I was there and learned and asked
`questions and made observations.
`Q.
`Was there any particular person that
`served as a mentor to you when you were at the
`school or first started in Lyndonville as
`superintendent?
`A.
`No. I wouldn't have had that as
`superintendent, no.
`Q.
`I'm sorry. I didn't hear what you --
`
`1 2 3 4 5 6 7 8 9
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`13:14:39
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`13:14:41
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`13:14:43
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`13:14:47
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`13:14:50
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`13:14:53
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`13:14:56
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`13:14:57
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`13:15:00
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`13:15:03
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`13:15:07
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`13:15:09
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`13:15:11
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`13:15:16
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`13:15:18
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`13:15:26
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`13:15:26
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`13:15:29
`
`13:15:31
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`24
`
`A.
`No. Not at the school. I had
`colleagues, but not at the school.
`Q.
`So with regard to policies and
`procedures that were in place at Lyndonville during
`the time that you were there, how is it that you
`became familiar with what those policies and
`procedures were?
`A.
`We had a board policy manual. We had
`codes of conduct. We have emergency plans.
`They're just in the office and they're around and
`they're part of the way we do business in any
`school that I've been in.
`Q.
`The board policy manual, can you just
`describe what that is for me?
`A.
`It's a manual with board policies in
`there ranging from instruction to finance to
`extracurricular to board bylaws to elections to a
`whole range of -- you know, finances, bus
`transportation.
`Q.
`Is there any requirement when starting
`with the district as superintendent in Lyndonville
`that you read that manual?
`MS. O'NEILL: Form.
`
`1 2 3 4 5 6 7 8 9
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`22
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`13:15:33
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`13:15:37
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`13:15:54
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`13:16:01
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`13:16:04
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`13:16:37
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`13:16:39
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`13:16:46
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`13:16:50
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`13:16:50
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`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`25
`
`THE WITNESS: I -- I read the manual, but it
`was not a requirement.
`BY MS. COSTANZO:
`Q.
`You read the entire manual?
`A.
`Over the course of ten years, I would
`say yeah.
`Q.
`Is the board policy manual kept in the
`office in some form?
`A.
`Yes.
`MS. O'NEILL: Which office?
`BY MS. COSTANZO:
`Q.
`Well, the office that you work in.
`A.
`Yes.
`Q.
`And in what form is it kept?
`A.
`Binder.
`Q.
`Would that be kept in the main office
`or in your office or something else?
`A.
`In the superintendent's office.
`Q.
`Do you know if employees of the
`district were provided with a copy of the board
`policy manual?
`A.
`They were not.
`Q.
`You said there was another document
`
`1 2 3 4 5 6 7 8 9
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`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
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`13:16:51
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`13:16:56
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`13:17:03
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`13:17:50
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`13:17:50
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`26
`
`Yes.
`What is in the code of conduct?
`Expectations for student behavior.
`You said expectation for student
`
`called codes of conduct; is that right?
`A.
`Code of conduct.
`Q.
`Code of conduct. And that's a separate
`document from the board policy manual that you
`discussed?
`A.
`Q.
`A.
`Q.
`behavior?
`A.
`Yes.
`Q.
`And the code of conduct, is that only
`with respect to how students are to behave in the
`school?
`A.
`There's a few sections in there about
`parents, educators, and staff members, but mostly
`students.
`Q.
`Is the code of conduct dispersed to
`anyone in particular throughout the Lyndonville
`School District?
`A.
`It's available. At times it's been
`sent to the students. It's online, I think. I
`can't recall all that.
`
`1 2 3 4 5 6 7 8 9
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`13:18:55
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`13:19:01
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`13:19:04
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`27
`
`Q.
`And what circumstance would it have
`been provided to students?
`A.
`Perhaps on the opening days of school.
`Q.
`Well, do you remember the code of
`conduct ever being sent to anyone in particular
`during your time at Lyndonville?
`MS. O'NEILL: Any student?
`MS. COSTANZO: Just in general.
`THE WITNESS: Ask me again, please.
`BY MS. COSTANZO:
`Q.
`Sure. During your time at Lyndonville,
`do you ever remember the code of conduct being sent
`to anyone in particular?
`A.
`I think we sent it to students.
`Q.
`And is that at the beginning of the
`year, like you just discussed?
`A.
`Yes.
`Q.
`How was that given to students?
`A.
`Could have been given to them on
`opening day. I can't recall, but that was one way
`that comes to mind.
`Q.
`Do you remember if any teachers were
`provided with a copy?
`
`1 2 3 4 5 6 7 8 9
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`13:19:05
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`13:19:47
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`13:19:50
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`13:19:53
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`13:20:00
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`13:20:01
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`13:20:03
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`Smith - Costanzo - 6/16/22
`
`28
`
`A.
`I don't remember.
`Q.
`You also said there were emergency
`plans that were av
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