McKinley principal seeks ouster of opponent on School Board
Says board’s actions spurred death threats
McKinley High School Principal Crystal Barton, who escaped discipline for her role in the excessive seven-week suspension of a student, is now seeking the removal of a School Board member who wanted her held accountable.
Barton claims she has received harassing phone calls and anonymous death threats from the public, and that they were prompted by an “intentional, malicious and ongoing effort” by Board of Education members to force her out of her job.
In legal papers, Barton singles out West District board member Ralph R. Hernandez for much of her criticism, and asks State Education Commissioner Richard P. Mills to remove him from the board.
In response, Hernandez said Barton should be focusing on her roles as principal of McKinley and president of the principals’ union.
“I am totally disgusted with Mrs. Barton’s arrogant and vindictive personality,” he said. “During the investigation [of a student suspension] she thumbed her nose at the entire process and got away with it. She should be focusing her energy on preparing for the new school year and negotiating a collective bargaining agreement for her union.”
For months Barton was the center of controversy, in connection with the seven-week suspension — later reduced to five weeks — of then-McKinley student Jayvonna Kincannon. The length of the suspension, and the way it was handled, were sharply criticized in a report issued last May by an investigator hired by the board.
In a petition filed with the state Education Department, Barton’s attorney said “the notorious and malicious actions of [the Board of Education] have caused members of the public to send derogatory e-mails, make harassing phone calls and issue anonymous death threats against Mrs. Barton” since the Kincannon incident.
Those developments “have caused Ms. Barton to feel unsafe in her workplace and in the community,” said John M. Lichtenthal, the attorney.
He said actions by board members also prompted anonymous letters from other school district employees demanding Barton’s resignation, and caused “irreparable harm” to Barton’s reputation and “ability for professional advancement.”
Barton’s legal papers and supporting affidavits did not detail the threats against her, provide evidence that they resulted from the actions of board members or address whether they were reported to authorities. The formal response from a Board of Education attorney sticks to the legal issues and does not address the alleged threats.
Barton is asking Mills to remove Hernandez from the board and to label statements and letters from four board members as “unbecoming [of] professional conduct.”
In answering papers, the school district attorney said the board members acted within their rights and powers, and asks that Mills dismiss Barton’s petition.
“[Board members’] actions were an exercise of their free speech rights, which are protected by the First Amendment,” said Kelly Gale Eisenried, assistant legal counsel. “Respondents were at all times acting within their power as duly elected Board of Education members.”
Eisenried also said that Barton’s petition was filed too late, does not justify the action it is seeking and that Hernandez was not personally served with a copy, as required by law. She also disputes many of the statements made in Barton’s papers.
On Barton’s behalf, Lichtenthal claims public statements and letters written by Hernandez, Board President Mary Ruth Kapsiak and board members Catherine Nugent Panepinto and Christopher L. Jacobs “are all part of a single, coordinated effort to force Ms. Barton to resign or otherwise be forced from her job.”
She also alleges that Robert M. Bennett, chancellor of the state Board of Regents, made “derogatory remarks” about her, but does say what they were and does not seek action against him.
A deeply divided Board of Education voted in July not to proceed with disciplinary action against Barton.
Four board members — one short of a majority — voted to bring charges, two were opposed, two abstained and another member was not present for the vote. Hernandez, Panepinto and Jacobs voted for the resolution and Kapsiak voted against it.
Hernandez last March asked Mills to investigate allegations from a former McKinley teacher that the school gave special treatment to basketball and football players, gave students advance notice of an essay question on a Regents exam and provided computers and cameras to local churches.
An internal school district investigation in April cleared McKinley of nine allegations of wrongdoing, and the state Education Department ruled unfounded a separate claim that a teacher helped students cheat on the Regents exam.
Barton — who filed her petition against both Hernandez and the full board — alleges that Hernandez violated her contractual rights by sending the letter to Mills without her knowledge. She said that since the board “has done nothing to curb” critical public statements from Hernandez, Jacobs and Panepinto, other board members have “condoned and ratified” them.
