Published: September 05, 2008 01:43 am            

EDUCATION: Medina schools superintendent resigns

SHELBY — Following an appearance Thursday night in Shelby Town Court, Medina Central Schools Superintendent Richard M. Galante resigned, effective today.

Galante, who had been working as an administrator with the district for eight years, was arrested Sept. 25 on the charge of first-degree filing a false instrument. At that time he was suspended, with pay, from his position.

Following a conference with Galante’s attorneys, Shelby town justice Dawn M. Keppler announced the charges had been reduced to a misdemeanor, offering a false instrument for filing in the second-degree.

Galante did not plead guilty to the charges brought against him, resulting in him being issued an Adjournment in Contemplation of Dismissal, as well as 60 hours of community service. The ACD will last for six months, during which time he will not be eligible for educational employment in the state of New York. Additionally, Galante signed a letter of resignation on the spot.

No representatives from the Medina Central School district were available for comment.

“This is a good result for all parties — he is no longer on the (school’s) payroll, and he is no longer superintendent of the district,” said Galante’s attorney Michael S. Taheri, of Taheri & Todoro P.C. of Williamsville. “Whatever agreement he had with the school has been terminated.”

Originally hired as director of financial services in July 2000 and as superintendent in August 2003, Galante’s 2008 contract figure was for $135,750 in addition to benefits, according to the school board.

“He is not admitting guilt — this is not a conviction,” explained Louis Haremski, Orleans County special prosecutor. “He was originally charged on an issue of fraud, and to convict a felony, you need proof of fraud. He does not have to surrender his teaching certificate.”

When asked if this ruling seemed fair to fellow school officials, parents and students in the community, Haremski said it was fair because the statement that was false did not directly relate to Galante’s qualifications to be a school administrator. He said even if the court tried to proceed with a felony ruling, there would be no guarantee he would lose his licensee.

“There was a willingness by the school board to (have Galante) accept the ACD, and we felt that this was an acceptable resolution,” Haremski said. “He is removed (from his position) and will no longer be in charge of the district and students.”

Haremski said Galante has “suffered” an indignity, but nevertheless “brought this upon himself.”

If, after six months, Galante does not go against the ruling and seek employment with a school district, the arrest that is on his record now will be erased. Haremski said the school felt this would be a realistic option to move quickly and remove Galante from the district — as well as its payroll. He estimated at this time, it would be unlikely Galante would have another court appearance.

“Filing a false instrument in the second degree couldn’t be proven as fraud, so it is not a felony,” Haremski said. “Proving the statement is false isn’t the problem — proving it’s fraud in the sense of monetary gain would be difficult.”

Galante, himself, left the court before he could be reached for comment.

Contact Jessica Wasmund at 798-1400, ext. 8225

        

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