Be Careful, Be Very Careful!

"The human brain is a complex organ with the wonderful power of enabling man to find reasons for continuing to believe whatever it is that he wants to believe." 
— Voltaire

Anyone interested in reading an appellate decision concerning contracts signed by Dr. Sherman during his tenure as superintendent of the South Orangetown Central School District can find the opinion here (http://www.counsel.nysed.gov/Decisions/volume39/d14274.htm).
The appeal, it should be noted was dismissed.  However, it was dismissed because, in part it lacked merit, was time barred, or not filed before the statutory period for filing had passed.  The trier of fact was forced to dismiss the claim, but still made clear his sentiments on the matter.  What is interesting is the language used by Commissioner Mills in his ruling.  In pertinent part, it reads:

There is no dispute that Dr. Sherman asked the district's attorney to incorporate the Foundation, and that Dr. Sherman and respondent Barbara Scheulen were members of the Foundation's initial board of directors. 

Although I am constrained to dismiss the Cimple contract claim as untimely, I am deeply disturbed that a contract in excess of one-half million dollars was signed without review by the district's attorney and apparently without formal authorization by the board, that the district contracted to pay a pre-performance installment of $195,000, approximately 35% of the entire contract, with no justification for such advance payment provided in the record, and that such fiscal practices were justified by the board on the basis of a purported need to put these services in place as soon as possible.

Although respondents assert that Dr. Sherman was authorized to "sign" the contract on the board's behalf, respondents provide no evidence of such authority or the means by which such authority was delegated to Dr. Sherman.