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Judge rejects proposed advisory referendum on the Rochester School Board

A NYS Supreme Court Justice has ruled that Rochester cannot put an advisory referendum about the future of the city school board on the November ballot.

In the decision released on Friday, Judge Scott Odorisi acknowledges “the great challenges facing the Rochester City School District.”  He states that the city’s “proactive proposals for remedying the situation are admirable, but not legally permissible.”

Credit James Brown / WXXI
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WXXI
The Hall of Justice

Odorisi was also critical about a letter sent out to some city residents about the upcoming referendum, which Mayor Lovely Warren’s office says was designed to educate residents about the issue. The judge says the letter’s message is a “loud and clear endorsement of referendum” and he says it “smacks of prohibited advocacy.”

The judge also said that some of the issues involving the school board have to go back to City Council for a new vote that is consistent with his order.

School Board President Van White called the district’s lawsuit against the city’s proposed referendum a civil rights issue.  

“It takes great courage competency and capability to articulate in a very significant way the importance of the right to vote,” said White, who also had a message for Warren. “Listen, enough of the courtroom energy. It’s time for us to focus on the classroom.”

 

Credit James Brown WXXI
Rochester Board of Education President Van White and Vice President Cynthia Elliott in front Anna Murray Douglas School #12

The district’s counsel Karl Kristoff says he does not believe the city has any standing to make an appeal. 

 
"The court’s order was pretty specific," said Kristoff. "The city is permanently enjoined from advancing this particular referendum."

In a statement released Friday, Warren said the city, "...will appeal this unjust court decision. We will take this fight to the halls of Albany and demand our legislators act. We will ensure that your voice is heard, and you are provided the education and opportunity that are your right."  Warren also issued the statement on Facebook.

Here is the full decision: 

Rochester City School_Decision Order by WXXI News on Scribd

This is a developing story. Check back for more details.

Randy Gorbman is WXXI's director of news and public affairs. Randy manages the day-to-day operations of WXXI News on radio, television, and online.
James Brown is a reporter with WXXI News. James previously spent a decade in marketing communications, while freelance writing for CITY Newspaper. While at CITY, his reporting focused primarily on arts and entertainment.