This email exchange starts at the bottom:

From:   Barbara Nevergold;  Date: September 28, 2015 at 11:01:05 AM EDT   To: Carl Paladino   Subject: Re: Joint Schools Construction Board

Stop your bullying, intimidation and harassment Mr. Paladino.

From: Carl Paladino:

It’s all facts Ms. Nevergold.  Isn’t this about the time when you play the race card and get your band of parasitic activists screaming?  You can’t answer the questions I posed can you?  Nobody is listening to you anymore.  Is that why you are so frustrated and reckless?  You are presently obstructing the ability of un-conflicted BOE members to effectively engage Federal authorities.  Isn’t that obstruction of justice? ___________________________________

From: Barbara Nevergold  Sent: Monday, September 28, 2015 10:28 AM To: Carl Paladino Subject: Re: Joint Schools Construction Board

Mr. Paladino, stop your bullying and intimidation.  ____________________________________

On Sep 28, 2015, at 10:12 AM, Carl Paladino wrote:

Ms. Nevergold, you have constantly moaned in the past that the Board of Education (BOE) can only act upon the vote of the BOE and not as individuals.  Nevertheless you continuously violate that policy with your intrusion into matters not approved by the BOE.  Your attempts to frustrate efforts to investigate the improper conversion of BOE and State monies by LP Ciminelli raise a serious question of why.  Larry Quinn and I are the appointees of the BOE to the Joint Schools Construction Board (JSCB) to handle matters pertaining to the Joint Schools Construction Project (JSCP).  We have kept the BOE fully informed on the project.   You act clueless of your fiduciary responsibility as an elected official saying it is wrong to spend tens of thousands of dollars on legal fees and costs and audit fees to recover at least tens of millions of dollars presently unaccounted for by the program provider who suspiciously has declared any information about the use of JSCP funds to be proprietary.  This is money that should have been used to better improve the environment for the kids in the BPS and you seek to cover up an investigation into what happened to the money.  What is wrong with you?  Are you totally incompetent or are you corrupted?   The street talk in Buffalo for the last 10 years is that if one wanted to work on the JSCB project it was necessary to make things right with the Grass Roots Political Organization which supports you and of which you apparently are a part.  During my first year on the BOE you, as president, unequivocally denied me a BOE seat on the Joint Schools Construction Board.  I made innumerable requests for the appointment.  I was the only BOE member who had any history with construction and appearances then were that your reasoning for the denial was to cover up illegalities.    I attended one JSCB meeting and watched you, Florence Johnson and your stooge Pamela Brown rubber stamp requests for payment without any questions or debate but with a big smile on your faces.  I can only assume that you never read the PPDS agreement or you were unable to comprehend what it said. You listened to a report by the minority contracting auditor, apparently Crystal People’s girlfriend, and without any questioning rubber stamped her report, all the time knowing fully that the whole minority effort was an apparent farce directed at putting kickbacks and consulting fees into the hands of “grass roots” leaders.  In reality minority contractors and workers did not properly participate in the project as legislation and the PPDS Master agreement called for.  We have acquired substantial evidence of that.   Your actions are an affront to the community and appear to be an attempt to obstruct justice even after a Federal inquiry has been announced.  You must immediately recuse yourself from any further involvement in the matter and you should resign your position on the Board.  I intend to alert the proper governmental authorities of your illicit actions.


From: Nevergold, Barbara A Sent: Thursday, September 24, 2015 12:46 AM To: Mayor Brown Cc: Board Members and Secretaries; Cash, Kriner; Brown, Darren; Martin, Rashondra; Kane, James Subject: Joint Schools Construction Board September 24, 2015

Dear Mayor Brown:   As you know we have sent a series of emails to various legal offices requesting an opinion regarding a Resolution pertaining to the Joint Schools Construction Board and Project submitted to the Board of education by Board member Carl Paladino.  The Resolution in question seeks to make the Board of Education the principal in the Joint Schools Program and to absolve the Joint Schools Construction Board members, other than the Board of Education representatives, of any fiduciary responsibility and oversight as of the date of passage of this Resolution.  In fact at the Board meeting of this date, during which this Resolution was presented, it was stated by Mr. Quinn that the Joint Schools Construction Board is defunct.  When did that happen?  And how was that accomplished? Also Mr. Paladino said he’d had a conversation with you during which you expressed your desire to have the JSCB dissolved and the Buffalo Board of Education assume the full responsibility and liability for program issues, going forward.   Prior to this meeting, we contacted the Corporation Counsel seeking an opinion about the status of the JSCB and the authority of the Board of Education.  We copied you on these emails.  Specifically we are requesting an opinion on the status of the JSCB is at the present time and under what authority the Buffalo Board of Education could be designated to undertake the responsibilities of the JSCB.    We have contacted the attorneys for the JSCB, Harter Secrest and Emery LLC regarding the same.  Each has responded as follows:

The Corporation Counsel:

Thank you for your correspondence regarding this matter.  After thoroughly reviewing and researching your concerns, together with Law Department staff, please accept the following response.    Corporation Counsel does not function as JSCB Program Counsel.  We have, however, forwarded your correspondence to Anthony D. Mancinelli, Esq. of Harter, Secrest & Emery LLP, who is JSCB Program Counsel.    Board of Education Legal Counsel would be the appropriate entity to render an opinion with respect to the non-JSCB issues you have raised regarding the Resolution.     Typically, my office’s advisory role in this matter would be limited to advising the Mayor, the Common Council and/or the Comptroller of the City of Buffalo.  Thank you for your attention to this matter.  

Respectfully yours,  Timothy A. Ball  

Harter, Secrest and Emery, LLC:

Thank you for your inquiry.  We have acted and continue to act as counsel to JSCB and unfortunately, we cannot provide legal advice to anyone other than JSCB or its designee and cannot provide legal services unless directed to do so by the Mayor as chair of JSCB or the JSCB board. 

Anthony Mancinelli

As you can see, Mister Mayor, each of these legal offices acknowledges your authority to authorize their response to our questions.  We are continuing to seek clarification to our questions in order to inform our decision making and support us in fulfilling our fiduciary responsibility.  The Resolution authored by Mr. Paladino was referred to Committee for further discussion and research.   We request your response to our request so that we may know how to move forward in our quest for answers to our questions.  Thank you for your assistance.    Barbara A. Seals Nevergold, Member at Large Sharon Belton-Cottman, Ferry District Representative Dr. Theresa Harris-Tigg, East District Representative Mary Ruth Kapsiak, Central District Representative.

Barbara A. Seals Nevergold,

PhD At-Large Member,

Buffalo Board of Education

801 City Hall Buffalo, New York 14202