web1_harveys_aerial_615.jpg

Harveys Lake Road Department receives kudos from council for snow plowing

web1_Letter-to-the-editor1.jpg

YOUR VIEW: Best of times, worst of times

<p>SCRANTON &#8212; A federal judge has dismissed Fairview Elementary Principal Margaret Foster&#8217;s lawsuit against Crestwood School District for her rescinded appointment as superintendent.</p><p>And while the memorandum explaining the ruling is dense with legalese, the bulk of the case hinged on an old adage: Timing is everything.</p><p>Much of the case centered on four dates:</p><p>&#8226; Nov. 19, 2015, when the school board voted to hire Foster as superintendent beginning Jan. 8, 2016;</p><p>&#8226; Nov. 27, 2015, when the board president and Foster signed a contract;</p><p>&#8226; Dec. 10, 2015, when the board rescinded the Nov. 19 vote;</p><p>&#8226; Jan. 1, 2016, when Foster received a state &#8220;letter of eligibility&#8221; required to hold a superintendent&#8217;s post.</p><p>Foster was hired Nov. 19 to begin work as superintendent Jan. 8, contingent on getting the letter of eligibility by then. Her hiring sparked controversy at the Nov. 19 meeting because three people had won seats on the board in the November 2015 election, and several argued the appointment of a new superintendent should wait until they were sworn in.</p><p>Once the three did take their seats, the board rescinded Foster&#8217;s appointment, then appointed an acting superintendent until the post was filled in April.</p><p>In her lawsuit, Foster argued the board had no legal right to rescind her appointment, and that she was denied legally required due process before losing the post of superintendent.</p><p>While the court ruling cites a litany of case law covering a lot of legal nuance, the bulk of the decision pivots on the fact that Foster could not legally be superintendent until she received the state letter of eligibility on Jan. 1. The judge ruled that meant she had no right to due process, nor to damages resulting from loss of the job.</p><p>United States District Judge Malachy Mannion dismissed three parts of Foster&#8217;s case &#8220;with prejudice,&#8221; meaning the matters cannot be retried &#8212; though Foster could appeal the ruling. The judge dismissed two counts without prejudice because they could still be refiled in a state court.</p><p>Attorney Cynthia Vullo, listed on the docket as Foster&#8217;s lead attorney, did not return a call Wednesday afternoon.</p><style>
.neFileBlock {
	margin-bottom: 20px;
}
.neFileBlock p {
	margin: 0px 0px 0px 0px;
}
.neFileBlock .neFile {
	border-bottom: 1px dotted #aaa;
	padding-bottom: 5px;
	padding-top: 10px;
}
.neFileBlock .neCaption {
	font-size: 85%;
}
</style>
<div class='neFileBlock'>
<div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2017/03/web1_Foster.jpg">
<div class="neCaption"></div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2017/03/web1_Foster.jpg</photo0><caption0></caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Mark Guydish</p><p>mguydish@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Mark Guydish at 570-991-6112 or on Twitter @TLMarkGuydish</p></shirttailMeta></div>

Federal judge dismisses Foster suit against Crestwood