Judge finds Witmer guilty of misconduct Superintendent's battle with Middletown board may continue in appeals BY DAN NEWMAN Staff Writer MIDDLETOWN - Although township Schools Superintendent David Witmer was found by an administrative law judge to have violated his contract with the district by trying to carry over 20 unused vacation days and seven unused personal days, it's still not enough to send the 69-year-old to the unemployment line. Following seven hearings over a six-month span, Judge Joseph Martone ruled that Witmer was guilty of conduct unbecoming a teaching staff member in three of the five charges filed against him last February. Presiding in Hamilton, Martone also said that Witmer should be suspended for six months without pay from his position, which pays him nearly $177,000 per year. He has already served four months of his unpaid suspension. Since Witmer was suspended in January 2006, Karen Bilbao has run the district on an interim basis. Board of Education Attorney Christopher Parton feels that Martone's ruling is a win for the district. "Dr. Witmer was found guilty of certain charges, and so in the board's eyes, it is a victory," Parton said. The ruling will cost Witmer over $88,000 in lost salary, Parton noted. Parton went on to say that even though the suspension will end eventually, he doesn't see any way the board and Witmer could co-exist in a working environment in the future. He said Bilbao's contract with the district, which pays her approximately $145,000 with an additional stipend for serving as the interim superintendent that pushes her salary to nearly $175,000, is through Aug. 31. Witmer's lawyer, Frank Gaudio, also claimed victory following Martone's ruling. "My client is elated that the court thought he should not be terminated," Gaudio said. "He really felt there was no basis for these charges. My client, at this point, is interested in vindication. The fact is, in all of his administrative endeavors, he's always tried to do what is best for the children." Martone's decision is a recommendation. Both Parton and Gaudio said that their respective parties plan exceptions, or appeals, within 13 days of the decision, which was released July 9. From here, Martone's decision will be considered by the Office of the Commissioner at the state Department of Education, which then has 45 days to make a ruling. Witmer was originally suspended by the board at a Jan. 31, 2006, meeting. Soon thereafter, the board filed charges with the state Department of Education. The charges were based on infractions that supposedly occurred between 2003 and 2005.