Below is a letter which my husband and I sent to the North Kingstown School Committee and Town Council members.  It sets forth and clarifies our reasons for requesting Dr. Halley's removal as Superintendent.   Primarily, we explain that he has exposed the School Department and the Town to potential massive liability relating to his actions while directing the School Roofing projects.
 
Sincerely,
 
Lynda and Joseph Avanzato
 
 
 
 
          Dear School Committee members and Town Council members,
       
            We have attached a letter to the editor that will be appearing in Thursday's papers.  We wanted to send it to the Committee and Town Council for review before it appears in the papers.
 
            The Superintendent has claimed he is not responsible for the Stony Lane roof incident since he ordered the contractor not to use the glue on the roof while the building was occupied and the contractor disregarded his order.  This denial of responsibility on the part of the Superintendent should not be accepted by the School Committee.  Even if the Superintendent or another official told the contractor not to use the glue while the building was occupied, he should not have relied on the representations of someone who had shown themselves to be incompetent.
 
            The Contractor may indeed be guilty of negligence.  That however, would certainly not preclude a finding of negligence on the part of the School Administration. Indeed, the School Administration and the Town were on notice of the lack of competency of the contractor, because of previous incidents with the same contractor.   In fact, at the last School Committee meeting at least two School Committee members expressed concern about a possible breach of contract  regarding the Contractor's performance on the DES roof. 
 
            Legally, should anyone sue the town over this incident, there is a distinct possibility that the Town could be found liable because the School Administration and the Town were on notice of the lack of competency of the contractor.  According to Rhode Island law, the responsibility for the safety and welfare of students rests on the Superintendent of Schools, not a contractor.  Similar to a CEO of a company who is responsible for the actions of his company, the ultimate responsibility for this rests with the Superintendent.

   § 16-2-11  General powers and duties of superintendent. – (a) The superintendent of schools employed in accordance with the provisions of this chapter shall, under the direction of the school committee, have the care and supervision of the public schools and shall be the chief administrative agent of the school committee.  The superintendent shall have any duties as are defined in this section and in this title and any other duties as may be determined by the school committee, and shall perform any other duties as may be vested in him or her by law.  In addition to the care and supervision of public schools and the appointment of employees of the district, it shall be the duty of the superintendent:

 (6) To oversee the care, control, and management of school facilities and equipment.

            This latest incident at Stony Lane School raises many serious questions about the competency of the Superintendent to manage our schools and oversee the safety of our students.  It also raises the possibility that his actions in this case have exposed the Town to major liability.  Aside from the potential liability, and more importantly, the Superintendent has shown disregard for the safety and welfare of our children.  We are just exceeding lucky that no one was killed or seriously hurt.
 
 In addition to those questions, there is also the issue of the Superintendent's reaction to the incident.  As we stated in our letter, his attitude was completely dismissive towards the people who became ill because of this incident.  He never even mentioned or expressed any concern whatsoever about the child at Stony Lane who suffers from a blood disorder and is even more vulnerable to chemical exposure than most children, nor did he mention any other person who became ill.  He never apologized or even expressed regret or concern.  
 
           As we also mentioned in our letter, this is only the latest in an unending series of incidents occurring under the authority of this Superintendent.  We have no power over the Superintendent.  The School Committee, our elected representatives, are the only individuals who have that power.  We are asking that the School Committee please consider the welfare of our town, and ask for the Superintendent's resignation. If it is not immediately forthcoming, we demand that the School Committee fire him for cause.
 
 
 
            Sincerely,
 
 
Lynda and Joseph Avanzato