I am a member of the Board of Trustees of the Village of Roslyn and have previously served as a member of the Village Historic District, Planning and Zoning Boards. I have had over 20 years experience in local government and I write to express my concern over the litigation commenced by the current school board against its former members.

In order for our local system of government to function (including incorporated villages, boards of education and even civic associations), there must be community participation. Without community participation (by which I mean individuals willing to actively get involved), these organs of government will eventually disappear and their functions will be taken over by a higher government authority, such as the town, the county or the state. Any such takeover would not be desirable, since it makes sense for local issues to be resolved by local forums. This is because local forums are much more accessible and user friendly to local residents (for input and complaints, for example) than would be a more remote governmental unit.

But local governments cannot function unless there are individuals willing to volunteer and take on responsibility. We all know, however, that lack of interest and an unwillingness to participate is the general rule. It therefore follows that it should be the goal of each local community to encourage residents to become civic minded and active participants. Those who break the mold of apathy and run for office should be commended. Those who do so in times of turmoil, such as those who have taken the initiative to run for the school board, should be especially commended, since they have responded to an important community need.

If we all agree that local government is important and that it cannot exist without individuals who are willing to participate, then I think it is quite clear that the lawsuit against the former members of the school board is very dangerous and sets a very bad precedent. This lawsuit will certainly have the effect of discouraging rather than encouraging civic-minded persons from participating actively in local government and thus will be counterproductive, in the long run, to the needs of our local community.

It seems to me that personal claims against the members of the school board, or any local board, should only be made in cases of self-dealing, i.e., where a member has abused his or her position for personal gain. Claims based upon an incorrect decision, even in cases where we all agree in hindsight that a mistake was made, should never be the basis for a claim against a local board member; after all, such a person is a volunteer without whom our local system of government cannot function. I can state from experience that I have cast votes on certain matters that were not easy of resolution which I later came to regret. But I believe this is true of all decision makers, and great harm will come if there is exposure to liability for a decision which, in retrospect, appears to have been incorrect or even if a decision was based on incomplete analysis. The solution for poor decisions or lack of proper care is the electoral process.

It also seems to me that whether it is right or not to proceed with the current lawsuit against the former members is not a decision to be made by counsel to the board. There is a great tendency (an understandable one) for local volunteer board members to rely heavily on advice of outside experts, especially of counsel. But the decision in this matter lies solely within the discretion of each member of the school board and they must consider all the facts and circumstances with an open mind, including the precedent that will be set for a vicious cycle of litigations.

It is time now for the current board to take a principled stand against these internecine recriminations and to do what clearly is best for our community in the long run: looking forward by building on what we have learned from the errors of the past and dropping these nasty self-defeating charges against those who have preceded them.

Marshall E. Bernstein