Past conflicts on the fractious Buffalo school board have been the subject of much criticism and have led to high turnover among the district’s leadership. | AP Photo/David Duprey Paladino plans his appeal as school board seeks to fill his seat

ALBANY — Controversial developer Carl Paladino plans to fight state Education Commissioner MaryEllen Elia’s decision to remove him from the Buffalo school district's Board of Education.

“We have every intention of challenging this determination,” Paladino’s lead attorney, former state attorney general Dennis Vacco, told POLITICO New York on Thursday. “We’re disappointed mostly because we believe that an effective voice on behalf of the taxpayers and the students in the Buffalo school district has been removed.”


In a decision released Thursday morning, Elia dismissed Paladino from the board for disclosing confidential information about teachers’ contract negotiations.

Paladino had been sharply criticized for making racially charged remarks about former President Barack Obama and former First Lady Michelle Obama in an article in Artvoice magazine in December. But Elia's ruling focused solely on the disclosure of information discussed in executive session.

Paladino, an outspoken Republican who ran for governor in 2010, said the decision was “disappointing.”

“Albany is Albany and it’s not much different no matter what department you’re dealing with,” Paladino told WBEN Thursday morning. “Unfortunately these people are very susceptible to politics and whoever is screaming the loudest and they’re listening to the screamers here instead of listening to the people and it’s pretty sad.”

Vacco said Elia's decision "missed the mark.”

In their appeal, Paladino's lawyers likely will argue that the information disclosed about contract talks already was in the public domain and was in the public interest.

Paladino has 120 days to appeal. “We’ll be moving way before that,” Vacco said.

While Paladino plans his next move, school board members who brought a petition against him lauded Elia’s decision.

“Our hope is that the board is able to move forward and function collectively, truly putting families and students first for the high achievement of all,” board president Barbara Seals Nevergold said during a news conference Thursday afternoon.

Past conflicts on the fractious Buffalo school board have been the subject of much criticism and have led to high turnover among the district’s leadership. The board’s majority typically sided with Paladino, until allegiance flipped in 2016 due largely to the election of new members. Paladino was also re-elected.

Seals Nevergold said Thursday that the “distractions and disruptions should stop” following Paladino’s removal and the board “should function more appropriately.”

The board plans to appoint a new board member to finish out Paladino’s term, which ends June 30, 2019, according to the school district.

The board will advertise for applicants starting Friday, and will then begin interviews, according to the district.

Vacco did not say whether he plans to request a stay on Elia’s decision so Paladino can remain on the board during the appeals process.

When the seat is up for election again, Paladino will be eligible to run to reclaim his seat, but he has yet to say whether he will do so.

Paladino told WBEN there was much to consider, although he seemed hesitant to run for re-election.

“To be frank with you, after sitting on that board for four years and trying to move that rock up the hill, I personally don’t think there’s much that can be done to rectify from within,” he said. “If the state really wanted to do something to help the Buffalo children, they would discharge the entire board and appoint one special master with some sense about dedication to the community to run the system…”

Asked if the decision had anything to do with his campaign against Gov. Andrew Cuomo in 2010, Paladino said it likely had more to do with his support for President Donald Trump.

Still, Paladino said, “Tomorrow’s another day, the sands on the beach are cleared and the sun comes out.”

Listen to the full interview on WBEN here.