Resigned Port Jervis schools head to receive nearly $300K

PORT JERVIS - Tom Bongiovi left his position as superintendent of the Port Jervis School District on July 25 at a cost of $299,262 to the school district, according to the contract termination agreement, released by the district in response to a Freedom of Information Law request.

The sum includes 13 months’ salary, at $198,744, along with $51,597 in unused sick pay and $48,921 in unused vacation pay.

Bongiovi’s resignation was announced in July, and described at the time as the result of a mutual agreement.

“As you know, the mission of the district continues to progress,” board President Judith Amato said in a brief statement at the time, “and in an effort to meet the goals set forth, the board has decided to take a new direction with regard to the leadership of the school district.”

The district has provided little additional information since the announcement.

Amato has not responded to questions about the district’s “new direction.” She also declined to discuss district goals. A vote on those goals was delayed by a motion at a recent school board meeting, and Amato indicated that the board had no plans to discuss the goals publicly before a vote.

The district waited a month to respond to the FOIL request for the termination agreement.

“Any delay beyond five days in complying with a FOIL request must be reasonable, and a month would not be reasonable, given the nature and accessibility of the document,” said Robert Freeman, executive director of New York State Committee On Open Government.

The termination agreement requires Bongiovi to assist with the new superintendent’s transition to the role and prohibits him from ever applying for a position in the district. Should any legal hearing arise related to events during his tenure and requiring his presence, he will be paid 1/225th of his salary, plus travel expense, to attend.

Since his wife is a district staff member, he will be eligible to receive health insurance through her benefits.

The agreement “forever” prohibits Bongiovi from making any legal claims against the district for any actions “from the beginning of the world to the execution of this agreement,” on July 25, according to the document. He may take action only if the district fails to comply with the agreement.

“A buyout is less expensive than legal proceedings,” says Jay Worona, deputy executive director and general counsel of the New York State School Boards Association. “But a superintendent’s contract can be a large number. If there are three or more years on a contract, a half-million dollars, then a quarter-million is a less expensive option.”

Bongiovi’s contract would have ended on Aug. 31, 2019, according to the agreement, which contained no allegations of wrongdoing. Negotiations were done in closed sessions because they involved a personnel issue, Worona said.

Asked about closed-door allocations of large sums by the board, Worona said, “Actions could be brought against the district if the buyout is improper, containing an inappropriate amount. Someone could bring actions questioning efficacy. I don’t know how that would be determined.”