On Thursday, the Gowanda Central School Board of Education held a special meeting during which members David Barnes and Janet Vogtli were charged with official misconduct pursuant to New York State Education Law 1709 (18).

Barnes and Vogtli have been the center of controversy for some time, as their actions during the April 1 school board meeting prompted district resident Jennifer Gernatt to create an online petition for their removal. The petition states, “In reviewing the Code of Conduct set forth by NYS School Boards Association board members are to act as ‘role model to our students.’ We believe that some board members have gone far beyond not following rules of order.” As of Friday, the petition had 708 signatures.

While specific behaviors are not mentioned in the petition or the charges of misconduct, many district residents have been vocal on social media and in person at subsequent board meetings to complain about behavior they observed in the recording of the April 1 meeting. During the April 21 meeting, three district residents attended the meeting via Zoom to voice their concerns over Barnes’ and Vogtli’s support of teacher layoffs and their behavior. One of those residents, former school board member Dan York, cited “accusatory, unprofessional and, at times, downright unacceptable behavior displayed by Mr. Barnes and Mrs. Vogtli.”

He went on to include the following examples: “Telling other board members to shut up, belittling the superintendent and administration, the use of profanity, continuing to make unfounded claims to support their point of view, even after being corrected and that’s just one meeting.”

David Barnes

Gernatt also attended the April 21 meeting and called for the resignation of Barnes and Vogtli or, if they do not resign, the board’s intervention to remove them from their positions. School Board President Mark Nephew responded to Gernatt’s request with a prepared statement that said the petition and the issues it raises will be reviewed with the district’s attorney.

Although the matter was not discussed again during the April 21 meeting nor was it on the agenda for the May 6 meeting, both Barnes and Vogtli acknowledged the public’s concerns over teacher layoffs during the board’s round-table discussion.

Vogtli began, “I’ve been criticized a lot lately and wanted to clear something up. I do support teachers, regardless of what people are putting on Facebook and spreading around. Teachers are the ones who, overnight along with administration, had to get the ball rolling. One reason why we had questions about layoffs and different things was because the government is threatening to cut more of our budget, up to 20% off.”

She emphasized that her goal was to help save the district money, not “get rid of teachers.” She concluded, “I would like people to call instead of putting things on Facebook, which most of the information is incorrect.” Vogtli shared her phone number and said that she would be happy to discuss her votes and views with anyone who called.

Barnes, too, acknowledged the criticism regarding his support of teacher layoffs. “I also agree that we have some real budget constraints, and maybe if we are smart with our money and plan — be proactive instead of reactive — maybe we’ll be able to save some budget deficits and cutting of staff,” Barnes explained. “We really do need all our teachers, but if we find a way to save some money that we don’t need to spend right away, maybe that will come in handy for next year.” He anticipated “huge budget holes” and low state tax revenues for the coming year.

Thursday’s special board of education meeting took place over Zoom, and all members were in attendance with the exception of Barnes and Vogtli. In addition to charges of misconduct against Barnes and Vogtli, the board approved the designation of a council to prosecute charges against both members, as well as a hearing officer, attorney David A. Hoover, to schedule and conduct hearings and report his findings to the school board at his regular rate of $250 per hour. Board members Ron Cook, Lynn Guzzetta, Nephew, Dana Szalay-Delaney and Barb Weston voted unanimously to approve all action items.

Before Nephew adjourned the 10-minute meeting, Szalay-Delaney pointed out the cost of this investigation. “If they were to accept a resignation, it would be no cost to the district,” she said. “I think it’s important for the public to know that.”

Nephew pointed out that the district has already incurred legal costs related to the matter.

Szalay-Delaney agreed and added, “Moving forward, there would not be additional costs if they would resign. … Obviously, we are doing our part to make sure we continue to advocate for the community. I know that cost is always a sensitive issue. This does come with a cost, but if there was a resignation, it would be far less.”

The next regular meeting of the Gowanda Board of Education is set for Wednesday, May 20 at 6:30 p.m. via Zoom.