Suspended schools chief still an issue inMid'town BY JAMIE ROMM Staff Writer MIDDLETOWN- With interimSuperintendentKaren Bilbao's contract extension on the list of items to be voted on at the Dec. 19 Board of Education meeting, a name not heard in the library at Middletown High School North was brought up: David Witmer. During the public hearing of agenda items, Middletown resident Jim Cody brought up the idea of reinstating the suspended superintendent as a way to save the taxpayers money. "We are already paying Witmer his salary through this suspension," Cody said. "By having an interim superintendent, we are paying twice as much." Witmer's contract expires on June 30, 2008. He has been superintendent since Feb.1, 2003. Following seven hearings over a sixmonth span, in July 2007 Administrative Law Judge JosephMartone ruled thatWitmer was guilty of conduct unbecoming a teaching staff member and upheld three of the five charges filed against him in February 2006. Martone also said that Witmer should be suspended for six months without pay from his $177,000 per year position. The salary suspension was imposed for the first four months of the suspension and for the final two months of Witmer's term, equaling six months. SinceWitmerwas suspended in January 2006, Karen Bilbao has run the district on an interim basis. She had been serving as assistant superintendent of pupil services and also was in charge of special education services. 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 allegedly occurred between 2003 and 2005. He was accused of misappropriating about $23,000 worth of vacation and personal days and was suspended almost two years ago. His salary was reinstated last June 1, as per state policy. The board filed five charges with the state Department of Education charging that Witmer misappropriated vacation and personal time, as well as that he tried to remove damaging information about himfrom a report prepared by an assistant superintendent. Witmer argued that he had compiled the vacation days from previous years and that he had given proper notification when he took the time off. He was found guilty of three of the charges: misdirection of vacation time, misdirection of personal leave time and intentional deception of the Board of Education. Hewas found not guilty of the charges of failing to report vacation days andmisuse of personnel office staff and abuse of authority. Cody said that with the $23,000 of misappropriated time and Witmer's yearly salary, alongwith Bilbao's contract and legal fees, taxpayers are paying toomuch for a superintendent. "It's likewe are paying $400,000 for a superintendent," Cody said. "Why don'twe just cut off the head now and bring backWitmer since we are already paying him to begin with." Board attorney Chris Parton told Cody that he was as frustrated with the situation as Cody. He said that he has been awaiting a decision by state Education Commissioner LucilleDavywho couldmake a decision by Jan. 7 or opt for a 45-day extension. Judge Martone's decision was sent to Davy as a recommendation. The next step will be for Davy to make the final decision onwhether to relieveWitmer of his position, continue the suspension until the end of his contract or reinstate him. Witmer will remain suspended until a decision is made. "We are frustrated with how long we have had towait for a decision," Parton said. "We're not exactly thrilled about the situation." Parton said that the board could legally reinstate Witmer if a motion was carried to do so, but no motion was made. Middletown parentMichaelMaggipinto suggested that the board forma plan if a decision is made on the superintendent's suspension. "Basically, let's say the commissioner makes a decision after the 45 days are over," Maggipinto said. "I suggest that a plan is put into place so that if something comes about then we can move forward without being rushed." In the end, Bilbao's contract was extended effective Jan. 1 through Feb. 29with the per diem stipend of $121, or $145,000 yearly,with an additional stipend for serving as the interim superintendent that pushes her salary to nearly $175,000. The board will now have to wait until Jan. 7 or 45 days longer until a decision is made by Davy on what to do about the suspended superintendent. "Believe me, we want to move forward," Parton said.