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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF PENNSYLVANIA
JESSE RAWLS, SR. and :MARK Y. SUSSMAN :
Plaintiffs, :: CIVIL ACTIONv. :
:THE SUSQUEHANNA TOWNSHIP : NO.SCHOOL BOARD OF DIRECTORS, :THE SUSQUEHANNA TOWNSHIP SCHOOL :DISTRICT and DR. SUSAN KEGERISE, :SUPERINTENDENT :OF THE SUSQUEHANNA TOWNSHIP :SCHOOL DISTRICT IN HER OFFICIAL AND :
INDIVIDUAL CAPACITIES :Defendants :
CIVIL ACTION COMPLAINT
Plaintiffs JESSE RAWLS, SR. and MARK Y. SUSSMAN
(collectively Plaintiffs) hereby bring the following action against the
SUSQUEHANNA TOWNSHIP SCHOOL BOARD OF DIRECTORS (Board),
the SUSQUEHANNA TOWNSHIP SCHOOL DISTRICT (STSD), and DR.
SUSAN KEGERISE, its superintendent (collectively Defendants) to enjoin
Defendants from violating Plaintiffs Constitutional rights and to nullify an
Employment Contract (Contract) between the Board and Dr. Kegerise. Plaintiffs
contend that the terms, interpretation, implementation, and enforcement of the
Contract violates their rights under the First Amendment to the United States
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Constitution, and also violates federal and state law and in support thereof, aver the
following:
INTRODUCTION
1. Plaintiffs file this action because Defendants Board and Dr.
Kegerise have entered into an employment contract (Contract) and that its terms,
interpretation, implementation, and enforcement violate Plaintiffs rights under the
Constitutions of the United States and the Commonwealth of Pennsylvania, and
violates the Public School Code of 1949, as amended, 24 P.S. 1-101 (Act). A
true and correct copy of the Contract is appended hereto as Exhibit A.
2. The Contract, by its terms, interpretation, implementation, and
enforcement, violates:
a. Plaintiffs rights to free speech under the First
Amendment of the United States Constitution;
b. Plaintiffs rights to perform their constitutional and
statutory duties as elected officials under the Constitutions and laws of
the United States and Pennsylvania.
3. Express terms of the Contract violate the plain language of the
Act and the Contract expressly cedes to Dr. Kegerise powers, duties, and
responsibilities conferred upon the Board under state law, in violation of the Act,
Plaintiffs constitutional rights, and the Delegation Doctrine.
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4. Plaintiffs ask this Court to nullify and declare invalid the
Contract, permanently enjoin Defendants from enforcing the Contract, uphold
Plaintiffs rights under the United States Constitution and enjoin Defendants from
committing acts or omissions that violate Plaintiffs constitutional or statutory
rights.
THE PARTIES
5. Plaintiff Jesse Rawls, Sr. is an elected member of the Board,
resides in and is registered to vote in Susquehanna Township, and pays taxes to
STSD.
6. Plaintiff Mark Y. Sussman is an elected member of the Board,
resides in and is registered to vote in Susquehanna Township, pays taxes to STSD,
and is the parent of a student enrolled in STSD.
7. Defendant Board is comprised of nine members elected by the
voters of Susquehanna Township.
8. Defendant STSD is the public school system for Susquehanna
Township, Dauphin County, Pennsylvania.
9. Defendant Dr. Susan Kegerise is employed by the Board as
superintendent of STSD. Dr. Kegerise is being sued in her official and individual
capacities.
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JURISDICTION AND VENUE
10. Jurisdiction is proper under 28 U.S.C. 1331 which conveys
subject matter jurisdiction to district courts over all civil actions arising under the
Constitution, laws, and treaties of the United States.
11. Additionally, this Court has subject matter jurisdiction pursuant
to 28 U.S.C. 1343 (a).
12. This Court has supplemental jurisdiction over Plaintiffs state
law claims pursuant to 28 U.S.C. 1367.
13. Venue is proper in this District pursuant to 28 U.S.C. 1391 (b)
because all parties are residents within the Commonwealth of Pennsylvania and the
events giving rise to the claims occurred in this District.
THE FACTS
14. The Board has employed Dr. Kegerise since 2005 as assistant
superintendent and since 2009 as Superintendent of STSD. The Board is
empowered to employ Dr. Kegerise by Sections 508, 1071, and 1073 of the Act.
15. On or about May 7, 2013, the Board entered into a new
Contract with Dr. Kegerise to extend her term as Superintendent four and one-half
years, through June 30, 2017 (Contract). A true and correct copy of the Contract
is appended hereto and incorporated herein as Exhibit A.
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16. Article VI of the Contract states that the board retains all
power, rights, authority, duties and responsibilities conferred upon and invested
in each respective party by the laws and the Constitution of the Commonwealth
of Pennsylvania save for any power or rights limited by the express terms of
this AGREEMENT . (Emphasis added.)
17. Section 4.02(d) of the Contract states: Criticisms, complaints,
and suggestions called to the attention of the school District shall be referred to the
District Superintendent for study, disposition, or recommendation to the Board of
School Directors as appropriate.
18. It is believed and therefore averred that the plain language of
Section 4.02 has been interpreted and enforced to prevent and interfere with lawful
direct communication between elected Directors and parents, students, teachers,
residents, and taxpayers.
19. At all times relevant hereto, Jason Kutulakis, Esquire, has been
employed by Dr. Kegerise as her personal attorney, and has acted on her behalf
and with her knowledge and approval.
20. It is believed and therefore averred that between February 2013
and September 2013, Kutulakis attended most, if not all, of the regularly scheduled
monthly meetings of the Board. Discovery will show the exact number of meetings
Kutulakis attended on Kegerises behalf.
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21. At each of the meetings Kutulakis attended, he would sit in the
front row, usually directly across from Plaintiff and Board member Rawls, Sr., and
always in direct view of both Plaintiffs.
22. Although public meetings of the School Board are normally
held in the STSD administrative building, the venue for the monthly Board
meeting on September 23, 2013, was changed to the Susquehanna Township High
School auditorium due to public interest in a number of issues, including those
related to this litigation.
23. The meeting was attended by a standing-room-only crowd of
STSD stakeholders and other interested people. Nonetheless, Kutulakis sat in the
front row directly across from Rawls, Sr. in an apparent attempt to single him out
for intimidation.
24. It is believed and therefore averred that Kutulakis attended
board meetings in order to intimidate and/or attempt to intimidate Plaintiffs and
other Board members from performing their lawful duties as elected officials and
did so on Dr. Kegerises behalf and with her knowledge and approval.
25. Following certain Board meetings, Kutulakis sent
correspondence to Plaintiffs Rawls, Sr. and Sussman, and/or Board President
Michael Ferguson, in which Kutulakis attempted to interfere with and/or influence
the lawful duties of the elected Board members including Plaintiffs.
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26. At a public meeting of the Board on January 28, 2013, Plaintiff
Rawls, Sr. questioned the circumstances related to the hiring of a relative of Dr.
Kegerise by STSD.
27. In response, the Board decided to retain a special investigator to
look into the questions raised by Rawls, Sr.
28. In correspondence dated February 22, 2013, Kutulakis, acting
on behalf of and with the knowledge of Dr. Kegerise in his role of personal
attorney, insisted of the Board President that you retract your appointment of any
special counsel, make a determination that this investigation is fruitless and
demand a public apology from Jesse Rawls at the next School Board meeting. A
true and correct copy of the Kutulakis correspondence to Ferguson dated February
22, 2013 is appended hereto and incorporated herein as Exhibit B.
29. Further, Kutulakis stated [p]lease accept this correspondence
as a formal demand to take all actions necessary to support Dr. Kegerise both
privately and publicly against the relentless attacks and accusations made by Mr.
Rawls.
30. Board President Ferguson emailed Board members, Dr.
Kegerise, and STSD Solicitor Paul Blunt, and informed them that in response to an
inquiry from a reporter for the Harrisburg Patriot-News reporter about whether the
board was taking any action regarding Dr. Kegerise and Mr. Rawls' allegations,
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Ferguson stated that it would inappropriate for me to say anything. I would
implore you to do the same. Paul-[Blunt,] please confirm my assessment.
31. Blunt replied via email stating [y]es I agree. Also should you
choose to ignore my advice you will be subjecting yourself to personal liability.
32. On February 27, 2013, Plaintiff Sussman sent an email to Dr.
Kegerise stating I heard that cheerleaders were not at the basketball games. Is this
correct?
33. Several additional emails followed, including one where
Sussman offered to correspond with Michael Knill, the Susquehanna Township
High School athletic director.
34. In correspondence dated March 4, 2013, and directed to the
school board president, Kutulakis wrote complaining that the Sussman emails
violated Dr. Kegerises contract and that Mr. Sussman and Mr. Rawls continually
interfere with the contractual obligations between the School District and Dr.
Kegerise and this must cease immediately. A true and correct copy of the
Kutulakis correspondence to Sussman dated March 4, 2013 is appended hereto and
incorporated herein as Exhibit C.
35. In every instance where Kutulakis attempted to interfere with
and/or influence Board members or matters, he acted on behalf of Dr. Kegerise and
with her knowledge and approval.
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36. Discovery will show whether other Board members or other
individuals received correspondence from Kutulakis and whether such
correspondence included threats of litigation.
37. In an email dated May 18, 2013, Kutulakis wrote Sussman and
claimed that Sussman violated the Contract in part because Sussman stated in
private conversations that teachers are afraid and students are out of control[.]A
true and correct copy of the Kutulakis email to Sussman dated May 18, 2013 is
appended hereto and incorporated herein as Exhibit D.
38. Kutulakis further demanded that Sussman immediately identify
the names of every teacher with whom Sussman spoke.
39. Kutulakis further stated that if Sussman failed to comply by
midnight on Saturday, May 19, 2013 1, litigation would be initiated the following
Monday due to Kutulakis view that Sussman was tortuously [sic] interfering with
Dr. Kegerises Contract.
40. In written correspondence dated May 17, 2013, Kutulakis
repeated the demands and threats made in the email dated May 18, 2013. A true
1 May 19, 2013 fell on a Sunday, not a Saturday as stated in the correspondence.
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and correct copy of the Kutulakis correspondence to Sussman dated May 17, 2013
is appended hereto and incorporated herein as Exhibit E. 2
41. In both the email dated May 18, 2013, and the written
correspondence dated May 17, 2013, Kutulakis insisted that Sussman immediately
retract in writing the comments made by Sussman and that Kutulakis be copied on
the written correspondence.
42. Kutulakis also demanded that Sussman provide Dr. Kegerise
with a formal written acknowledgment of the very positive role she has played as
the Districts Superintendent must also occur. Your retraction must occur by
midnight, Saturday, May 19, 2013.
43. In correspondence dated March 1, 2013, Kutulakis wrote
Rawls, Sr. and complained that Rawls, Sr. indicated he desired to have his
personal email made public so residents of the district may communicate directly
with him about their concerns. All complaints or concerns are required to be
provided to the administration, specifically Dr. Kegerise. Again, this is a material
breach of her contract and must cease immediately. A true and correct copy of the
2 The email dated May 18, 2013, stated that formal correspondence would follow.
It is unclear why the written correspondence was dated one day before the email
when it clearly was written after.
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Kutulakis correspondence to Rawls, Sr. dated March 4, 2013 is appended hereto
and incorporated herein as Exhibit F.
44. On March 1, 2013, Kutulakis wrote Sussman essentially the
same letter, complaining again that Rawls, Sr. wanted his personal email made
public so he could communicate directly with residents. Kutulakis again asserted
that [a]ll complaints or concerns are required to be provided to the administration,
specifically Dr. Kegerise. Again, this is a material breach of her contract and must
cease immediately. A true and correct copy of the Kutulakis correspondence to
Sussman dated March 1, 2013 is appended hereto and incorporated herein as
Exhibit G.
45. Rawls, Sr. understood the correspondence of March 1, 2013, to
threaten legal action if he continued to attempt to correspond with STSD parents,
students, teachers, taxpayers, and residents, notwithstanding the fact that Rawls,
Sr. wanted to communicate with them and they wanted to communicate with him.
46. Sussman did not know why Kutulakis was writing him about
Rawls conduct, but he believed that Kutulakis was warning him that he better not
use his personal email address for communicating with STSD parents, students,
teachers, taxpayers, and residents.
47. As personal attorney for Dr. Kegerise, Kutulakis wrote the
relevant correspondence on her behalf and with her knowledge and approval.
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48. In late 2012 and early 2013, the Board considered taking a
community survey of STSD stakeholders to assess views on issues related to
STSD.
49. In the March 1, 2013, correspondence, Kutulakis characterized
the community survey by stating:
Some members are attempting to end run the contractual prohibition against complaints going to Dr. Kegerise in the firstinstance . . . while a survey permitting input from residents maymake sense to allow community outreach, it may not be utilized
to obtain anonymous allegations into the administrations roles.It may not become an additional tool to conduct a witch hunt.
See Exhibits E and F appended hereto.
50. The community survey was never undertaken.
51. It is believed and therefore averred that Discovery will show
additional correspondence written by Kutulakis on behalf of and with the
knowledge and approval of Kegerise that serve to violate or attempt to violate the
recipients constitutional and statutory rights.
52. Plaintiffs do not believe Discovery will show any instance
where STSD Solicitor Blunt responded to Kutulakis in any way about
inappropriate threats of litigation or Kutulakis attempts to interfere with Board
business or Board members activities on behalf of Dr. Kegerise, an employee of
the Board.
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53. At no time during his representation of STSD has Mr. Blunt
explained to Plaintiffs what activities Board members could engage in that would
be constitutionally protected or otherwise protected under the immunity of their
elected positions.
54. Blunt never informed Plaintiffs that as elected Board members
they may communicate with STSD stakeholders if it is clear they are not acting or
speaking on behalf of the entire Board or other Board members.
55. In email correspondence dated March 20, 2013, and sent to
Board members and Dr. Kegerise, Blunt wrote:
I realize that Board members have concerns over the fact thatSues attorney has sent them letters. Those concerns are well-founded. Board members only enjoy the extensive immunity toliability the law provides when they are acting within their roleas Board members. When they are acting as individuals andnot as members of the Board, they are subject to the same riskof liability as anyone else. One of the critical issues indetermining whether a Board member is acting as a Boardmember is whether their actions are in accordance with theadvice of the Solicitor. . . . To put the matter plainly, I can only
protect individual Board members if and when their actions areauthorized by the Board as a whole and if they are willing todisavow the unauthorized actions of other Board members . . . .Worse still, I cannot protect innocent Board members or theDistrict unless I am allowed to disavow those actions [of certain
board members] on behalf of the District and Board.56. In email correspondence dated July 31, 2013, and addressed to
Board members and Dr. Kegerise, Paul Blunt wrote:
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It has come to my attention that some of you attended acommunity meeting sponsored and organized by PeterSpeaks in which the chief topic of discussion was the re-registereffort . . . . While all of you, obviously, have the right to attendany meeting you choose, I must again advise that it is ill-advised to attend such meetings precisely because it engendersthe appearance and invites the assumption that you arerepresenting the Board and District.
57. If a parent, student, teacher, resident or elector wants to
communicate by email with school directors, there is a single email address --
schoolboardstsd@hannasd.org -- for email correspondence to be sent to Board
members.
58. The official STSD website explains that [w]hen using this
email address, mail is sent to the District's Superintendent, who then forwards the
message to all members of the school board. A member of District Administration
may reply to the sender for additional information or feedback prior to forwarding
to the School Board.
59. Under the single email address scheme, the superintendent has
the absolute discretion to determine when an email will be distributed to directors
or even if an email will be disseminated.
60.
Plaintiffs have never been shown how to directly access emailssent to the official school board email address, nor have they been shown how to
send emails from the official address. Plaintiffs are not privy to the account
information or passwords necessary to access the official account.
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61. Plaintiffs are without knowledge as to whether or not other
Board members have been shown how to directly access this account or send
emails from it.
62. On or about October 1, 2013, Susquehanna Township resident
Adam Wiener, an elector, taxpayer, and parent of two children enrolled in STSD,
sent an email to schoolboardstsd@hannasd.org to ask a question related to a
criminal investigation by the Dauphin County District Attorney into STSDs
handling of allegations of an illegal sexual relationship between an assistant
principal at Susquehanna Township High School and an enrolled student (the
Sharkey Matter). A true and correct transcription of the Wiener emails
referenced here and in the following Paragraphs is appended hereto and
incorporated herein as Exhibit H.
63. The email was addressed to Dr. Kegerise and School Board
members.
64. On or about October 5, 2013, having received no response or
even an acknowledgement of his email dated October 1, 2013, Wiener called two
Board members whom he knew personally, Kathy DelGrande and Plaintiff Mark
Sussman.
65. Both Board members told Wiener that the email he sent one
week prior had not been disseminated to the Board.
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66. At no time subsequent to the October 1, 2013, email did any
member of the District administration contact Wiener for additional information or
feedback prior to sending the email to the Board.
67. Sussman told Wiener several times that Sussman was not
allowed to discuss the substance of the email.
68. Sussman believed he could face legal repercussions pursuant to
threatening letters he had received from the Superintendents personal attorney,
Kutulakis, as well as legal guidance from Blunt, the STSD solicitor.
69. Notably, although Mrs. DelGrande said that she couldnt
discuss confidential information, she was able to discuss generally Wieners
concerns and she did not appear to be under the same threat of personal litigation
as Sussman, even though she and Sussman are both elected Board directors.
70. Sussman did promise Wiener that he would attempt to have
Wieners email disseminated to the Board.
71. Sussman emailed Dr. Kegerise requesting that Wieners email,
which was directed to and intended for the Board, be distributed to the Board.
72. Sussman also verbally requested that Dr. Kegerise distribute
Wieners email to the Board.
73. On October 8, 2013, Wiener again sent an email to the Board at
schoolboardstsd@hannasd.org , stating in part I was informed that the e-mail had
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not been sent to the [members] of the board, and I am still unsure if [it] has been as
of today. I have the right to have my question answered. See Exhibit H appended
hereto.
74. Despite Sussmans email and verbal request to Dr. Kegerise
that she distribute Wieners October 1, 2013, email correspondence to Board
members as it had been intended, Kegerise failed to do so until after Wiener sent
the second email.
75. On October 21, 2013, having not received any reply or
acknowledgement to his two previous emails, Wiener again emailed Dr. Kegerise
and School Board Members, stating: I still have not received a reply from you or
any other school board member to my email that was sent on October 1st. I
believe that it is very unprofessional to not even dignify my question with a
response. Is there another avenue I should explore to get a reply[?] (Emphasis
added.) See Exhibit H appended hereto.
76. Finally, on October 25, 2013, STSD Solicitor Blunt replied to
Wiener by email, referring to Wieners repeated missives demanding
information.
77. In his reply email, Blunt stated in part: Contrary to reports by
the newspaper, the District handled the Sharkey matter exactly as the law requires;
and there were no reports or allegations by anyone to District employees of
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any inappropriate relationship between Mr. Sharkey and the alleged victim .
(Emphasis added.) See Exhibit H appended hereto.
78. Blunt made this false assertion despite the fact that he had
previously acknowledged in the media that four teachers had reported the issue to
District employees some six months before Wiener sent his email.
79. At no time, up to and including the date of filing of this
Complaint, has any elected Board member acknowledged receipt of Wieners
emails and it is unknown whether Wieners second and third emails were ever
disseminated to all Board members, despite the facts that they were addressed to
the Board and sent to the official Board email address.
80. Mrs. DelGrande is recognized by many to be a staunch
supporter of the superintendent and her administration.
81. Sussman has been unfairly and inaccurately characterized as
adversarial to the superintendent and her administration.
82. Board members who are perceived as favorable to the
Superintendent and her administration do not face the same prohibitions on
communicating with parents, teachers, students, electors and taxpayers as do those
Board members who are perceived as unfavorable to Dr. Kegerise.
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83. It is believed and therefore averred that Discovery will produce
numerous emails written by parents, students, teachers, taxpayers, and residents
that were directed to Board members but never forwarded to them by Dr. Kegerise.
84. The Contract was approved by a 6-3 vote of the School Board.
85. Plaintiffs first received a copy of the Contract at an executive
session of the board immediately prior to the public meeting where it was adopted.
86. Plaintiffs had approximately 37 minutes to review the proposed
Contract prior to the start of the meeting during which it would be voted on.
87. Plaintiffs voted against entering into the proposed Contract, as
did Board member John Dietrich.
88. Plaintiffs do not know which other Board members may have
received the proposed Contract before Plaintiffs did.
89. Although Kutulakis handled Contract negotiations on behalf of
Dr. Kegerise, Blunt was quoted in local media defining his own role as limited to
reviewing the draft document to insure that it had the changes mandated by the
new law.
90. In an email to the Board dated March 20, 2013, Blunt stated
that to date, my involvement has been limited to reviewing one draft contract
presented to me by Mike Ferguson prior to his presentation of it to Sue and
[Kutulakis].
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91. Notwithstanding Blunts review of the draft document, the
Contract contains numerous provisions that conflict with the express language of
the Act.
92. Section 5-508 of the Act states in part:
The affirmative vote of a majority of all the members of the board of school directors in every school district, duly recorded,showing how each member voted, shall be required in order totake action on the following subjects: . . . Appointing ordismissing district superintendents , assistant districtsuperintendents, associate superintendents, principals, and
teachers.24 P.S. 5-508. (Emphasis added.)
93. Section 10-1080(a) of the Act states: District superintendents
and assistant district superintendents may be removed from office and have their
contracts terminated, after hearing, by a majority vote of the board of school
directors of the district, for neglect of duty, incompetency, intemperance, or
immorality 24 P.S. 10-1080.
94. Section 8.00(a) of the Contract states [r]emoval shall only be
proper after a hearing followed by a two thirds (6 members of a 9 member board)
vote of the Board of School Directors for removal. (Emphasis added.)
95. Section 5-514 of the Act states:
The board of school directors in any school district, except asherein otherwise provided, shall after due notice, giving thereasons therefor, and after hearing if demanded, have the rightat any time to remove any of its officers, employes, or
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filing Dr. Kegerise, who controls what information is posted on the website, has
refused to comply.
101. Section 10-1073.1(b) of the Act states: The board of school
directors shall conduct a formal written performance assessment of the district
superintendent and assistant district superintendent annually. A time frame for the
assessment shall be included in the contract. 24 P.S. 10-1073.1.
102. Section 7.01 of the Contract calls for an annual performance
assessment of the Superintendent, however the only rating categories allowed
under the Contract are exemplary, good and satisfactory.
103. An exemplary rating entitles Dr. Kegerise to a 5% stipend, a
good rating entitles Dr. Kegerise to a 3% stipend and a satisfactory rating
entitles Dr. Kegerise to a 2% stipend.
104. It is believed and therefore averred that the performance bonus
is classified as a stipend in order to avoid calculating the bonus as income which
would subject the bonus to contributions by Dr. Kegerise and STSD to the
Pennsylvania State Employees Retirement System.
105. Section 7.01 of the Contract states that in the event no annual
performance review is conducted, Dr. Kegerise is entitled to the 5% bonus for
exemplary performance.
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106. Since becoming superintendent in 2009, Dr. Kegerise has never
received an annual performance review, notwithstanding the fact that the annual
performance review is mandated by the Act.
107. Section 10-1073(e)(2)(iii) provides that the Contract between a
school district and its superintendent shall [i]ncorporate all provisions relating to
compensation and benefits to be paid to or on behalf of the district superintendent
. . . . 24 P.S. 10-1073(e)(2)(iii).
108. STSD policy provides that a non-resident who attends STSD
shall pay tuition in the amount of $941 monthly for an elementary student.
109. Since 2009, Dr. Kegerises grandchild has been enrolled in
STSD.
110. It is believed and therefore averred that the grandchild does not
and has never resided in the Susquehanna Township School District.
111. It is believed and therefore averred that no one has paid out-of-
district tuition for the non-resident grandchild since she began attending STSD in
2009.
112. In October 2013, Dr. Kegerise informed the Board that her
grandchild attended STSD tuition-free based on a verbal authorization from a prior
school board, some of whose members no longer serve on the Board.
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113. Authorization for Dr. Kegerises grandchild to attend STSD
tuition-free does not appear in Board minutes dating back to 2009.
114. The benefit conferred on Dr. Kegerise to send her grandchild to
STSD tuition-free is not reflected in the Contract.
COUNT I
Violation of Rights to Free Speech 42 U.S.C. 1983;First Amendment to the United States Constitution
Plaintiffs v. Dr. Susan Kegerise, in her individual and official capacities
115. The previous paragraphs of the Complaint are incorporated by
reference as if fully set forth herein.
116. Plaintiffs are guaranteed the right to free speech by the First
Amendment to the United States Constitution.
117. At all times relevant hereto, Plaintiffs have served as elected
members of the Susquehanna Township School Board of Directors.
118. As an employee of STSD, Dr. Kegerise has acted at all times
relevant hereto under color of state law.
119. At all times relevant hereto, Plaintiffs have desired to exercise
their First Amendment rights of free speech in order to communicate with STSD
parents, students, teachers, taxpayers and residents.
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120. At all times relevant hereto, assorted STSD parents, students,
teachers, taxpayers, and residents have desired to communicate with their elected
School Board members, including Plaintiffs.
121. In addition to examples provided above, Discovery will show
numerous instances where constitutionally protected free speech has been
interfered with by Dr. Kegerise directly, on her behalf and/or with her approval.
122. Under authority vested in Dr. Kegerise by state law and her
contract, she had the ability at all times relevant hereto to order constitutional
violations be stopped.
123. Instead, Dr. Kegerise allowed or directed that constitutional
violations continue.
124. Dr. Kegerise is liable for her actions and omissions and the
actions and omissions of those acting on her behalf, both in her individual and
official capacities.
125. As direct and proximate result of Dr. Kegerises actions or
inactions, Plaintiffs have suffered repeated and continuing violations to the First
Amendment rights of free speech.
126. As direct and proximate result of Dr. Kegerises actions or
inactions, Plaintiffs have incurred attorneys fees and other costs.
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COUNT II
Declaratory Judgment Action to Declare the Employment Contract Voidas Violative of The Public School Code of 1949, as amended, 24 P.S. 1-101
Plaintiffs v. All Defendants
127. The previous paragraphs of the Complaint are incorporated by
reference as if fully set forth herein.
128. The Contract, by its terms, interpretation, implementation, and
enforcement, is the vehicle through which Plaintiffs and others constitutional
rights have been repeatedly violated.
129. As stated more fully above, sections of the Contract violate
express language of the Act as follows:
a. Section 8.00(a) violates 24 P.S. 5-508 and
10-1080(a); and
b. Section 8.00 (b)(1) of the Contract violates
24 P.S. 5-514.
130. The Contract, by its terms, interpretation, implementation, and
enforcement violates 24 P.S. 10-1073(e)(2)(iii) which requires that the Contract
state the salary conferred upon a superintendent such as Dr. Kegerise.
131. Notwithstanding a Severability Clause included in the
Contract at Section 15.00, the Contract cannot be modified because in addition to
the express terms of the Contract which violate applicable law, the interpretation,
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implementation and enforcement of the Contracts provisions have been the
vehicle through which Plaintiffs constitutional rights have been violated.
132. As a direct and proximate result of the illegal terms,
interpretation, implementation, and enforcement of the Contract, Plaintiffs have
incurred attorneys fees and other costs.
COUNT III
Punitive Damages
Plaintiffs v. Dr. Susan Kegerise, in her individual capacity
133. The previous paragraphs of the Complaint are incorporated by
reference as if fully set forth herein.
134. At all times material hereto, Kegerise knew or should have
known that her conduct, as stated above and as will be further shown in discovery,
constituted a violation of Plaintiffs First Amendment rights.
135. Despite this, Kegerise acted willfully, recklessly, and/or
wantonly, either herself or through Kutulakis and others, to deprive the public at
large and Plaintiffs in particular of their First Amendment rights generally and
more specifically as follows:
a. By monitoring correspondence sent to and from
the Board;
b. By withholding correspondence sent to the Board;
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c. By delaying correspondence sent to the Board;
d. By repeatedly threatening legal action against
several individuals, including but not limited to Plaintiffs, for
exercising their First Amendment rights;
e. By acting to intimidate individuals, including but
not limited to Plaintiffs, in an attempt to prevent them from exercising
their First Amendment rights; and
f. By punishing or threatening to punish Board
members including but not limited to Plaintiffs, and other STSD
stakeholders, for exercising their First Amendment rights.
136. Kegerises continued and persistent violations of Plaintiffs
First Amendment rights constitute reckless, wanton, intentional, and/or malicious
actions.
137. Plaintiffs therefore demand punitive damages be awarded
against Kegerise, in her individual capacity.
PRAYER FOR RELIEF
WHEREFORE the Plaintiffs, Jesse Rawls, Sr. and Mark Y.
Sussman, demand judgment be entered in their favor against all Defendants, as
follows:
A. Declaratory Relief against all Defendants;
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CIVIL COVER SHEET
(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
. (a) PLAINTIFFS DEFENDANTS
(b) (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
(c) (Firm Name, Address, and Telephone Number) (If Known)
I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaint(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF (U.S. Government Not a Party) or
and (Indicate Citizenship of Parties in Item III)
V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PERSONAL INJURY PERSONAL INJURY PROPERTY RIGHTS
LABOR SOCIAL SECURITY
PERSONAL PROPERTY
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS Habeas Corpus: IMMIGRATION
Other:
V. ORIGIN (Place an X in One Box Only)
(specify)
VI. CAUSE OF ACTION
(Do not cite jurisdictional statutes unless diversity )
VII. REQUESTED INCOMPLAINT:
CLASS ACTION
DEMAND $
JURY DEMAND:
VIII. RELATED CASE(S)IF ANY (See instructions):
OR OFFICE USE ONLY
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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
I.(a) Plaintiffs-Defendants.
(b) County of Residence.
( c) Attorneys.
II. Jurisdiction.
. ; NOTE: federal question actions take precedence over diversitycases.
III. Residence (citizenship) of Principal Parties.
IV. Nature of Suit.
V. Origin.
VI. Cause of Action. Do not cite jurisdictionalstatutes unless diversity.
VII. Requested in Complaint.
VIII. Related Cases.
Date and Attorney Signature.
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From: "J kutulakis" < jpk@abomkutulakis.com >Date: May 18, 2013 7:50 AMSubject: CommentsTo: "mark.yale.sussman@gmail.com "
Cc: " pblunt@kingspry.com " < pblunt@kingspry.com >
Mr. Sussman:
I hope that this email finds you well. I am out of town and am unable to develop a formal letter,however one will follow.
It has been brought to my attention that you have been making comments about the state of theSusquehanna Township School District including but not limited to statements that its teachersare afraid and the students are out of control. I am informed that you specifically indicating thatthe administration must go as a result.
I write to formally ask that you immediately provide me the names of the teaches with whomyou have specifically discussed this matter.
I also write to inform you that I believe you are tortiously interfering with Dr. Kegerise's contractwith the District. I ask that you immediately retract these statements with whomever you sharedthem and do so in writing, also copying me. I believe an apology to Dr. Kegerise with a formalwritten acknowledgment of the very positive role she has played as the District's Superintendentmust also occur. Your retraction must occur by midnight, Saturday, May 19th.
If you are unable and unwilling to follow these requests, I will be taking swift legal action onMonday. If you have retained independent legal counsel, please forward this immediately to thatattorney and provide me his/her contact information. I am copying Solicitor Blunt on this out of
professional courtesy, but do not believe his capacity as the Solicitor covers your conduct as itappears you are acting independent of the Board on this matter. I will defer to him on thecapacity of his representation of you.
I want to be crystal clear. I have individuals who have provided very specific information aboutwhat you have said to them. It is unconscionable to knowingly make such blatantly falsestatements about the Districts outstanding administration. Your failure to correct this situation
by day's end will undoubtedly result a a legal battle.
Thank you in anticipation of you prompt attention to this matter.
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