Federal Investigation of Schools

May 7, 2009

Scarantino’s resignation not accepted

Vote acknowledges resignation letter of ‘super,’ but non-acceptance keeps school board’s financial options open.

By Mark Guydish mguydish@timesleader.com
Education Reporter
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YATESVILLE – The Pittston Area School Board voted unanimously Wednesday to acknowledge embattled Superintendent Ross Scarantino’s letter of resignation, but they didn’t vote to accept it. The difference could save the district tens of thousands of dollars, depending on the outcome of Scarantino’s corruption case.

Scarantino has been charged with accepting money in exchange for awarding district contracts. He is on paid leave, using accumulated vacation days. On Monday he submitted a letter of resignation effective August 3.

School Board Solicitor Joe Saporito said the letter keeps with Scarantino’s contract, which allows him to resign before the contract ends as long as he gives 90 days notice.

But Board President Mark Singer noted that if the board accepted the resignation, it would have to stick to other terms of the contract, including compensation promised upon retirement. That would mean pay for up to 30 unused vacation days, $100 per day for accumulated unused sick days, $425,000 of life insurance coverage through 2022, a severance pay of 70 percent of his last year’s salary, and family health insurance coverage for 10 years.

Legally, the board might not have to pay those benefits if Scarantino’s employment is “terminated for cause.” If he pleads or is found guilty, that could qualify. By acknowledging but not accepting the resignation, Singer said, “The board leaves more options open, depending on what happens with his case.”

The board also approved a contract with George Cosgrove for his work as substitute superintendent. Cosgrove was district principal when Scarantino resigned. Cosgrove will be paid the same salary Scarantino was getting, $117,570. But the contract says if he is charged with a felony he will be automatically put on unpaid leave. If found innocent, he would be reinstated with back pay; if guilty, he would be fired immediately without benefits.

The change was proposed at the last board meeting by member Terry Best, and the board plans to include it in all future administrative contracts.

The board also appointed James Gilmartin as adviser to Cosgrove at $225 per day plus $75 per day for expenses through June, not to exceed three days per week. Singer said the expense payments would offset long travel time for Gilmartin, who was from the area but now lives farther away.

The board also hired Jack Wega as federal program consultant for $600 a month. Wega is a former Dallas School District employee who has been doing similar part-time work for several area districts since his retirement.

And the board agreed to have Saporito review a new ethics policy proposed by member Terry Best. Among other things, the two-page policy defines unethical behavior to include unauthorized use of district property, equipment or proprietary information, and bars acceptance of any “gratuities, trips or vacations, invitations to golf clubs or country clubs or any gift of value” exceeding $50 without publicly disclosing the person or company providing the benefit.

Punishment for violation of the code as written is not sharply defined. It promises the board “will act quickly in correcting the issue” and “any employee found to have violated this policy may be subject to disciplinary action.” Board members and administrators also fall under the policy and “agree to be censured when dealing with the company or vendor in question.

Mark Guydish, a Times Leader staff writer, may be reached at 829-7161

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