A petition to remove Aubrey Phillips from the Elmont School Board was finally dismissed by the New York State Commissioner of Education months after Phillips lost his election bid to remain on the board. However, the commissioner granted Phillips a Certificate of Good Faith allowing him to seek legal fees from the board of education incurred in his defense of the petition.

The petition, which was sent up to the New York State Education Department in 2006 at the direction of the Elmont School Board majority, which then consisted of Robert Nori, Lorraine Ferrigno, Pamela Monteverde and Frank Ragona, alleged that Phillips had disclosed items they considered to be executive session and privileged material for an article in the Three Village Times about a raise granted to superintendent of schools Al Harper. Phillips claimed he was stating personal and individual opinion.

At a July 27, 2006 special meeting of the Elmont Board of Education, a meeting in which Phillips and his allies - Elsy Mecklembourg-Guibert and Pamela Byer - did not attend, Nori, Ferrigno, Monteverde and Ragona voted to hire the law firm of Ingerman Smith LLP to file a petition with the state education department seeking Phillips' removal from the board.

This past May, Phillips, who had been serving on the Elmont School Board since 1999, lost his bid for re-election. Therefore, state Commissioner of Education Richard Mills ruled that the petition asking for his removal is moot.

However, Mills stated in his ruling that Phillips was entitled to receive a certificate of good faith. "Based on the evidence in the record before me, I find that the respondent (Phillips) is entitled to receive a certificate of good faith," he stated.

The certificate allows Phillips to seek reimbursement for expenditures in defending himself against the petition. Phillips indicated that he would seek the reimbursement of his legal fees to fight the petition, which, he said, amounts to about $4,000. Phillips, though, also points out that the legal fees associated with trying to have him removed from the board amounted to nearly $30,000 in taxpayer money.

Phillips thanked the community for allowing him to serve on the Elmont School Board for nine years and feels vindicated by the commissioner's decision to grant him a certificate of good faith.

Ragona, who is now the board president, said that an effort to recoup legal fees from the board of education, if it comes up, with be discussed among all the board members. "If it comes up, we'll address it as it happens," he said. "As of yet, Mr. Phillips hasn't made any request for any attorney fees to be reimbursed. Of course, when it comes up, it would be an issue the board would address, consulting with our attorney and legal people to see how we would go forth."

Ragona believes the commissioner's decision indicated that there justification for the board filing the petition two years ago despite the commissioner granting the certificate of good faith. The commissioner states in his decision, "I remind the respondent [Phillips], however, that a school board member takes an oath of office to uphold the law and faithfully discharge his duties..."

"That's our job and our responsibility as trustees - to always make sure that things are being done the right way and that's why it [the filing of the petition] was done two years ago," said Ragona.

Out of the four who voted to send the petition to the state to remove Phillips, Ragona and Ferrigno, who is the board's current vice president, remain on the board. Nori and Monteverde have since left the board.