Application of Monique McCray, Doris Dodson and Kelly Valentin for the removal of Fred Philips as President

and Member, Daniel Devine as Vice President and member, William G. Softy and Edna Carbajal as members of
the Board of Education of the Central Islip School District and for the removal of Dr. Craig Carr as
Superintendent.
__________________________________________________________________________________________

NEW YORK STATE EDUCATION DEPARTMENT

COMMISSIONER OF THE STATE OF NEW YORK:
___________________________________________________
MONIQUE MCCRAY, DORIS DODSON AND KELLY VALENTIN
Petitioners
-Against-

PETITIONERS COMBINED
RESPONSE TO RESPONDENTS
AFFIDAVIT & AFFIRMATION,
IN SUPPORT OF DISMISSAL
SUR REPLY

FRED PHILIPS, DANIEL DEVINE, WILLIAM SOFTY, EDNA CARBAJAL AND DR. CRAIG CARR
Respondents
_______________________________________________________________X
The Petitioners in the above entitled action and as such are personally familiar with the facts and
circumstances heretofore and filed herein. Petitioners submit this Reply Affidavit, Affirmation and
Sur Reply in further support of the Petitioners seeking Removal of School Board Officer. I Also
submit this Reply Affidavit in further opposition to the Respondents Affirmation seeking to add
information under 276.5, 275.8(b) or (e) or 275.13(b) of the Regulations of the Commissioner.
1. According to 276.5 of the Regulations of the Commissioner, in order for a party to submit
additional affidavits, exhibits or other supporting papers, the requesting party shall submit
an application to the Office of Counsel, which shall state the reason(s) why such affidavits,
exhibits or other supporting papers are necessary, together with proof of service of the
applications and the proposed exhibits, affidavits or other supporting papers upon all parties
in accordance with subdivision 276.5, 275.8 (b) or (e) or 275.13 (b) of the Commissioners
regulations
2. As such, Petitioners petitions the Court in accordance with 276. 5, to allow this Reply Affidavit
to serve as Petitioners request that the Office of the Commissioner accept the submission of
official recordings and board minutes in response to Respondents latest Affirmation.
AS TO RESPONDENTS ANSWERS TO THE PETITION

Application of Monique McCray, Doris Dodson and Kelly Valentin for the removal of Fred Philips as President
and Member, Daniel Devine as Vice President and member, William G. Softy and Edna Carbajal as members of
the Board of Education of the Central Islip School District and for the removal of Dr. Craig Carr as
Superintendent.
__________________________________________________________________________________________

All Respondents refer to and support Respondent Carrs recitation of the account of the
history surrounding a State Education Departments (SED) determination to withhold and withdraw
building aid from the District, which is interchanged with being called State Aid. Your Deponents
replies will address Respondent Carrs testimony.
3.

Denies the truth of the allegations set forth in Paragraph numbered 3. What will be made

clear is that your Deponents were not members of the board throughout most of the years of
decision making in question, beginning with when the administration was delinquent in its
responsibility to make required filings which led to the SED demanding the return of funds.
4 17. Deny knowledge or information sufficient to form a belief as to the truth of the accounts and
any allegations set forth in these paragraphs.
18.

Your Deponent McCray was not elected as a board member on about June 13, 2011.

Deponent was not in attendance at the June 13, 2011 board meeting ( see Exhibit A ) Denies
awareness of the matters Respondent Carr claims to have updated Deponent with. Deponent first
attended a board meeting on the day Deponent was sworn into office, July 6, 2011, after which
Deponent received mailings, courier drop-offs, a district email account, an iPod and user names. Prior
to July 6th, any board decisions referred to did not include Deponent McCray.
19.

Deponent McCray denies receiving communication about the status of matters. Respondent

Carr constantly refers to money that the SED says does not belong to the district. The SED has no
jurisdiction over tax levy surpluses. As per the Office of the Comptrollers Financial Management
audit report (Exhibit C of the petition) The Districts unexpended surplus funds, as a percentage of
the next years budget, totaled ten (10) percent at the end of fiscal year 2010-2011, eighteen (18)

Application of Monique McCray, Doris Dodson and Kelly Valentin for the removal of Fred Philips as President
and Member, Daniel Devine as Vice President and member, William G. Softy and Edna Carbajal as members of
the Board of Education of the Central Islip School District and for the removal of Dr. Craig Carr as
Superintendent.
__________________________________________________________________________________________

percent at the end of fiscal year 2011-2012, and five (5) percent at the end of the fiscal year 20122013 appropriations. The Respondents broke the Real Property Tax Law and they want us to believe
that they are above the law. That if they tell an impressive tale, the State will look the other way.
Respondent Carr refuses to take responsibility for his wrong doings and continues to put his spin on
the Comptrollers Audit to deceive the public (see Exhibit B). The reality is that Respondents covered
up administrative incompetence and burdened the community in their scheme to keep it covered up.
Throughout their campaign to recover, they portrayed the State as reneging on a gift of State Aid. The
community trusted and believed district officials and joined their efforts to stop the big bad wolf.
RESPONDENTS SHOULD NOT BE ISSUED A GOOD FAITH CERTIFICATE AND THE DOCUMENTS
PRESENTED TO THE HONORABLE COMMISSIONER SHOULD BE PRECLUDED

24,

Deponent McCray denies Respondent Carrs account of the beginnings of the Community

Awareness Campaign (see Exhibit C) (see Exhibit D) The ideas started in a meeting with Senator
Zeldin on October 27, 2011 and were further developed with Assemblyman Ramos on October 28th.
Respondent Carr has not produced minutes of who said what. The first Legislative Committee
Meeting with Deponent McCray as Chair was on November 3, 2011. The minutes clearly state that
attendees other than Deponent McCray planned the awareness campaign. Deponent McCray feels
like a part of the team and did her best to participate. Deponent McCray is not criticizing the efforts
but provides documentation of the truthful accounts since Respondent Carr made a point of
misrepresenting the situation. Notice in the districts announcement in their May/June 2012

Application of Monique McCray, Doris Dodson and Kelly Valentin for the removal of Fred Philips as President
and Member, Daniel Devine as Vice President and member, William G. Softy and Edna Carbajal as members of
the Board of Education of the Central Islip School District and for the removal of Dr. Craig Carr as
Superintendent.
__________________________________________________________________________________________

newsletter of recovering the money, Deponent McCray is not pictured with the team leaders who
met with the governors staff and lobbied.
27.

Note that Deponent Dodson was sworn in as an appointed board member on July 1, 2012. On

July 6th she was hospitalized and on July 11th and August 8th received emergency spinal surgery (see
Exhibit D ). Deponent Dodson did not begin receive orientation to matters of the board until
September. Deponent Dodson scyped into board meetings in October and November from her
hospital room.
28. Dr. Carr also states that Petitioners knew everything that was going on as far as the excess of
funds (see Exhibit E).
PETITIONERS:

MONIQUE MCCRAY

Redacted

DORIS DODSON

KELLY VALENTIN