Marchionda inquiry may end in settlement

Brian C. Rittmeyer
Tuesday, Nov. 19, 2002 12:00 a.m. | Tuesday, Nov. 19, 2002 12:00 a.m.

A settlement may be in the works between the Montour School District and its suspended curriculum director, whom the school district administration had recommended firing.

The announcement came Monday night, more than two hours after the first of three scheduled hearings was scheduled to convene on the charges against Michael Marchionda. When the meeting finally got under way, it took an abbreviated form. No statements were made, no witnesses were called and no evidence was presented.

The proceedings against Marchionda, 33, a 1987 Montour graduate, were called off until the school board meets again at 7 p.m. Thursday at the high school auditorium.

Marchionda has been suspended with pay from his $60,000-a-year job since September. The district administration has leveled 15 charges against Marchionda, including that he entered the district into a $60,000 lease for computer software without school board approval. Marchionda has denied any wrongdoing and opted for the case to be heard in public.

More charges added since Marchionda was suspended included that he violated the district's policies governing Internet and e-mail use by sending personal e-mails from his office computer, including two inappropriate e-mails sent to a high school teacher, one commenting on her breasts and the other including the Andrew Marvell poem "To His Coy Mistress."

District Solicitor Ira Weiss, representing the administration in the hearing, said the parties are discussing a "possible resolution" of the matter. Michael Healey, an attorney representing Marchionda, also said the matter may be resolved when the board meets on Thursday. Weiss and Healey would not comment further.

No comments were made by the nine school board members.

Some of the nearly 100 district residents who attended the hearing had at first been irritated that the hearing was held the same night as an open house at the high school and that the hearing was held in the Burkett Elementary School library, which they said was too small to accommodate the audience. Some residents who arrived early for the hearing to ensure they got a seat found themselves waiting three hours while the parties met behind closed doors.

The hearing, scheduled to begin at 7 p.m., did not convene until about 9:15 p.m. and was adjourned in less than 15 minutes.

"This is typical. They do this all the time," said Debbie Carr of Robinson. "They make us sit and wait. It's not fair to anybody."

District resident Lisa Sauer questioned why, if Marchionda was suspended in September, it has taken until late November for the first hearing to be held.

"It shouldn't have been that hard to figure out," Sauer said. "In the meantime, no one's been doing his job."

Kathy Mullen of Robinson, who skipped the high school open house to attend the hearing, was happy with the turnout nonetheless.

"We finally have people taking notice and getting up in arms about what's going on," she said.

Kathy Stewart of Robinson said she's interested in finding out how much the case against Marchionda cost, including pay for Weiss and the cost of special attorneys and investigators.

"That money could go to our children's education and instead it is being used to ruin a man's life," she said.

What Marchionda is charged with

The administration of the Montour School District charges that its curriculum director, Michael Marchionda, did the following wrongly or without school board approval:

In September 2001, signed contracts with Educating America Inc., upon which payments were made and which remains due $39,150.

In April 2002, caused the payment of $15,000 by the business office for curriculum materials and training.

In June, signed an agreement with Reliant Financial Co. for the lease of curriculum materials and training.

In July, obligated the district to pay for golf at Oglebay during an administrative retreat.

In August, executed on behalf of the district a certificate of authority reciting that the lease agreement with Reliant Financial had been approved by the school board on June 14, 2002, which was false.

Failed to adequately monitor and account for the acquisition of workbooks for the 2001-02 school year from Educating America, which were not available until March 2002.

Did not include appropriate faculty in the selection of curriculum materials.

Authorized the use of instructional materials without school board approval.

In July, caused a purchase order described as "Future Kids per Michael Marchionda" to buy curriculum materials for $13,000 to be prepared and sent to the business office.

Used his position with the school district for monetary gain by establishing an account for the district at Amazon.com with a $10,000 credit line for which he had personal charge authority.

Used his position with the school district for monetary gain by seeking to negotiate royalties or other payments and benefits to be paid or provided to him by a vendor to the district.

Repeatedly violated the district's Internet usage policy by sending inappropriate e-mails and conducting personal business through the district's Internet access.

Represented that he would commit all funds received by the district through a corporate tax redirection program to a specific vendor.

Authorized the purchase of Palm Pilots, Quickpads, teacher training and Mimio boards not approved by the school board.

Caused to be prepared and submitted a purchase order for Mathematics Assessment Creation not approved by the school board.

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