The Buffalo Public School Board of Education faced a complex situation on Monday as it interviewed six candidates to fill a vacant North District seat, all while grappling with sexual harassment allegations against a current board member and former superintendent.

The vacancy arose after former board member Cindi McEachon resigned in June, citing concerns about a lack of transparency within the board’s leadership. Despite the ongoing controversy, the board swiftly moved to select Roscoe Henderson, a retired Buffalo police investigator, to fill the seat. Three board members—Erik Bohen, Adrianna Zullich, and Larry Scott—abstained from the vote.

New York State Education Department’s Concerns

The selection process unfolded amidst significant scrutiny from the New York State Education Department (NYSED). NYSED Commissioner Dr. Betty Rosa sent a letter to board president Dr. Kathy Evans-Brown, recommending that the board refrain from filling the vacant position until pending allegations against a board member and former superintendent are resolved.

Rosa’s letter, which was obtained early Monday evening, stated that adding a new individual to the board during this time would only consume district resources and detract from the work needed to resolve the investigation. Despite this recommendation, Henderson is expected to be sworn in during a special session at 4 p.m. on Wednesday.

Board Members’ Reactions and Statements

Dr. Kathy Evans-Brown released a statement on Tuesday morning, expressing her pleasure in announcing Henderson’s appointment. She highlighted Henderson’s extensive background in public service, including his roles as a retired BPS School Resource Officer, board member of various arts programs, substitute teacher, and volunteer. Evans-Brown emphasized Henderson’s commitment to supporting youth and families, stating that he will be an advocate for BPS students, families, staff, and public education.

In response to the commissioner’s letter, Larry Scott stated that he did not feel it was prudent to proceed with the board voting on the appointment, given the reasons cited by the commissioner. Erik Bohen expressed his respect for the commissioner’s authority and agreed with her recommendation.

Navigating the Controversy

Before the official vote, Evans-Brown addressed the turbulent moment facing the district, stating, “We believe that we’re going to fight through this chaos.” When asked about a board member accused of sexual harassment participating in the process, Bohen acknowledged the distraction but emphasized the need to move forward.

Evans-Brown acknowledged the perception of a transparency problem, explaining that there is a lot of confidential information that the board cannot publicly discuss. Board member Janita Everhart described the difficulty in navigating the situation, noting that the board received conflicting legal advice regarding the disclosure of information.

Allegations and Legal Guidance

Muki Hawkins, the board member accused of sexual harassment, participated in the interview process but declined to comment and has refused to resign, stating that the “truth will come out.” Adrianna Zullich initially called for Hawkins to resign last week but deferred to the president at this time. Evans-Brown responded that any board member is free to voice their position.

Evans-Brown also addressed the legal guidance the board received regarding the disclosure of information to board members, stating that they were advised by the education department not to disclose certain information to all board members. The leadership team, however, has access to this information.

The New York State Education Department issued a statement saying Commissioner Rosa spoke with Assemblymember Rivera about concerns raised by the local delegation and legislative options. The department is also in contact with district leadership. When asked about an anticipated update or release of results from the Hodgson Russ LLP investigation into the allegations against Hawkins, Evans-Brown deferred to the board’s lead attorney, with an unnamed source indicating a final report is expected in at least a week.