To: Editor Rockland Voice
From: Julie D. Globus – Sabharwal, Globus & Lim LLP
Subject: Emails, Lies and Cover-ups. Protectionism and Abuse of Power at its Worst
How far will Trustee Carlucci and the Condor’s Figurehead President go to Protect the Condors? How Far Will the Board of Education go to Protect Trustee Carlucci?
In 2015, the Board of Education of Clarkstown reprimanded Trustee Conti for sending a single CCSD confidential email to his personal account. In 2012, Trustee Carlucci accused a coach and a parent of downloading 10,000 emails. The incident was swept under the carpet. Why?
On March 30, 2015, it was “determined that Trustee Chris Conti forwarded [a parent’s] message to his personal email account minutes after he’d received it at his board email account,” a quote from an article written by Mareesa Nicosia on March 28, 2015. According to Ms. Nicosia’s article, the parent said: “I am really utterly shocked at the brazenness of this breach of confidentiality.”
Would parents of CCSD be equally as outraged to learn that 3 years earlier, in April of 2012, their children’s files were unprotected, unencrypted and accessible by numerous persons, employees of the Condors Swim Club and the Robert Alan Agency?
On April 16, 2015, Trustee Carlucci’s son, the figurehead president of the Condors sent out a letter to Condors’ parents, intended to discredit me, slander my husband and destroy a coach’s good name, all in an effort to protect his swimming empire. In that letter, on page 5 under a heading entitled “Transitioning Head Coaches”, J.P. Carlucci describes the Carluccis’ version of the events surrounding a series of downloaded emails. It should be noted that court filings and a police incident report belie J.P. Carlucci’s characterization of events. Moreover, several computer analysts question whether there were indeed any emails.
For the purpose of this article and for no other purpose, I will take J.P. Carlucci’s letter to his Condors’ parents as authoritative doctrine.
J.P. Carlucci fully admits, in his lengthy creative description of events, that there were thousands of emails which were freely accessible to coaches and employees of J.P. Carlucci and Robert Alan Carlucci all of whom had free unfettered access to those computer files. J.P. Carlucci unequivocally states that over 10,000 CCSD School Board communications were breached, a situation reported to the Board of Education and its attorney. No action was ever taken by the Board of Education to question the integrity of Trustee Carlucci’s computer system and the breach of confidentiality.
Most important to my point are two sentences (again strenuously denied but taken as doctrine for the purposes of this letter):
1) “My father’s PST file (which is an email storage file) held over 10, 000 of his confidential business and personal emails.”
2) “He [the Coach who was actually Plaintiff in the case] also asserted a claim for defamation, alleging in substance, that a report to the School Board and School Superintendent that the PST file containing School Board communications had been downloaded without authorization was a false report.”
If J.P. Carlucci’s letter to Condors’ parents is taken as authoritative, under the Family Educational Rights and Privacy Act (FERPA), CCSD parents should have been notified of the breach at the time. They were, and I believe still are, entitled to a full inquiry into the content of those emails. Assuming the truth and validity of J.P. Carlucci’s claims (though strenuously disputed) every child’s right to privacy was breached, not only on the date of the alleged download of those files, but each and every time an employee of the Carluccis logged onto that computer. The computer files were not protected. They were accessible by numerous employees. They were not encrypted. They were located on a “C” drive, which is the local drive (and the drive where the Coach’s personal workout plans and training information was located).
Did you ever hear anything about these accessible CCSD student files? Are we, Clarkstown parents, entitled to at least the same level of inquiry as was the parent whose opinions made the news and are quoted above?
The Board of Education at the time swept the entire incident under the carpet. Since J.P. Carlucci’s letter to Condors’ parents circulated, I have made several requests of the Board of Education for a full and complete inquiry into the content of those emails. I included in my demands to the BOE previous Board of Education members and the previous Superintendent of Schools (who reigned at the time) and I have received no response.
Are they protecting Trustee Carlucci? Were they then? Trustee Carlucci’s son has made what, if taken as truth, are admissions of a breach. Are we not entitled to full disclosure? Are we not entitled to a full investigation?
I will end with a few final points of clarification: The case was filed in federal court because it was a breach of contract and defamation case (which jurisdiction is Federal). There is no magic to it having been a “Federal Case”. The Plaintiff was the coach and Trustee Carlucci; the Condors and J.P. Carlucci were the Defendants. At the time a full analysis was conducted by several computer analysts and there were differing opinions as to whether the file was really a file. That information is publicly accessible in the court filings and not open to interpretation. Initially, allegations were made that the files were Robert Alan Agency files. To my knowledge, no report was ever filed with the insurance governing body which should have been notified of a breach of confidential files of clients of the Robert Alan Agency. I am still investigating this point. If there were no such files, Robert A. Carlucci is guilty of perjuring himself. If there were files, he is guilty of significant breaches of security, confidentiality and his fiduciary duty, in the context of the Condors Swim Club, the Robert Alan Agency and the CCSD Board of Education. His lack of computer security is indefensible. The Coach involved worked for the Condors and was well within his legal and contractual rights to keep his personal lesson plans, files, and correspondences and was also within his legal rights to enter the Condors’ offices alone or accompanied. Both the CCSD incident report and the court supported this position. There are, indeed, as a member of our community stated “two sides to every story.”
No matter how you look at it though, taking J.P. Carlucci’s letter as truth, the CCSD community is entitled to full disclosure.
Julie D. Globus
Sabharwal, Globus & Lim LLP
Telephone: (845) 634-2250
[Rockland Voice does not take any editorial position on the matters raised in this letter.]