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Folsom High Lawsuit


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#76 Drugsarebad

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Posted 01 May 2005 - 07:23 AM

Giacometti: You keep saying the woman isn't a volunteer so she must be bad. That is not the issue. But for your information, she volunteered for years at all the band boosters events until two things happened two years ago, 1) She found out how badly she had been lied to, and 2) She found out where her money was going when she asked the question.

The schools lies: For years Curtis Gaesser, backed up by Folsom High School Principal and the District people, has been telling the kids and parents that if they wish to join the award-winning Folsom Jazz Band that they must also join the Folsom Marching Band. Then, to do this, they must go to summer school every single summer, all four years, so they can make up the credits they need to graduate because they are losing that credit to taking Marching Band (a course in school). Why does he do this? Because then he can charge them "FEES" which are unlawful and which go straight into his pocket.

When the woman you are villifying blew the whistle on this, the principal and the district sent her letters that said in effect, Yes you are right, but we're not going to do a damn thing about it because we make more money doing it than you could cost us is a lawsuit. She tried to work within the system for two years. They continually rebuffed her.

#77 Robert Giacometti

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Posted 01 May 2005 - 09:55 AM

QUOTE(Drugsarebad @ May 1 2005, 07:23 AM)
Giacometti:  You keep saying the woman isn't a volunteer so she must be bad. 

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Drugsarebad,

Welcome to the forum.

Please show me where I said the above statement in my posts?

I wanted to know if Mrs Kinsella has applied to serve on the board. Since it is the music boosters board who seems to be making these decisions regarding dues/donations and expenditures, doesn't it seem logical if one was not agreement with the board, to get on the board and make the changes they feel are necesary?

I sense many are still trying figure out what is the real issue here? Is it that Mr. Gaaeser is being paid money by a booster club? Why sue the District over the actions of the Boosters?

I am not a member of the Music boosters nor do I know Mr. Gaaeser ( although I admire what he does) nor do I know who is on the board of the boosters. My concern is simply if this lawsuit proceeds and causes needless expenditures of funds and efforts to defend, that maybe the district will simply decide to ELIMINATE ALL extras to avoid these problems. Is this what you and Mrs. Kinsella are seeking?

The most important question some of us would like to see answered is, "What is Mrs. Kinsella trying to accomplish?"

If you are unhappy with what the Boosters are doing, change the board! If the majority of the boosters are satisfied and want to continue with current direction of the program, it seems to me you have two simple choices. Join in and be supportive or choose NOT to join. Why file a lawsuit that is only going to ruin it for everyone?


#78 Chad Vander Veen

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Posted 01 May 2005 - 10:57 AM

QUOTE(Drugsarebad @ May 1 2005, 08:23 AM)
Giacometti:  You keep saying the woman isn't a volunteer so she must be bad.  That is not the issue.  But for your information, she volunteered for years at all the band boosters events until two things happened two years ago, 1) She found out how badly she had been lied to, and 2) She found out where her money was going when she asked the question.

The schools lies:  For years Curtis Gaesser, backed up by Folsom High School Principal and the District people, has been telling the kids and parents that if they wish to join the award-winning Folsom Jazz Band that they must also join the Folsom Marching Band.  Then, to do this, they must go to summer school every single summer, all four years, so they can make up the credits they need to graduate because they are losing that credit to taking Marching Band (a course in school).  Why does he do this?  Because then he can charge them "FEES" which are unlawful and which go straight into his pocket. 

When the woman you are villifying blew the whistle on this, the principal and the district sent her letters that said in effect, Yes you are right, but we're not going to do a damn thing about it because we make more money doing it than you could cost us is a lawsuit.  She tried to work within the system for two years.  They continually rebuffed her.

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Now YOU are accusing the school principal of extortion with no facts to back it up. Suing a school, in a situation like this, seems trite and pathetic.

#79 CZTT

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Posted 01 May 2005 - 11:07 AM

You all need to take a deep breathe, calm down and get a grip. This is not end to life as we know it and it won't be the end of the Folsom Music program. The Boosters may need to restructure and reorganize but they will recover and be better for this and then above reproach. It would be helpful if they could publish their budget.

I'm now concerned with people's reaction to this situation. This all needs to be put in perspective. We cannot control what other people do but we can control our reaction. Remember our children are looking to us as examples on how we handle conflict. We need to be good role models. Do we teach life lessons on how to handle conflict with grace and tact or be bullies? Challenges are just opportunities in disguise.

#80 old soldier

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Posted 01 May 2005 - 11:13 AM

this topic is putting some spice into old my folsom...the more I hear the more it sounds like that situation in fairfield all over again...the music folks probably heard of it cause the fairfield band used to kick folsom's butt so my fairfield friend tells me...but they had a rebellion and the music director who was gone left and now thet program is just another average program...

they even charged the fairfield director of some kind of fraud handling money which turned out to be a bum charge, but once you are assused there goes the old reputation.

just talking about attorney general coming in sort of suggests reputation damage...the nice thing about this old forum is the facts come out. the new drugs are bad member sort of reminds me a little of the fireman (I think) that got all riled up when it was suggest taking the trucks to bars was bad and a lthere shoud be no heing and sheeing at the fire hall. that guy was so mad he didn't make sense.

now the attorneys are in the district will have to hire some of their own as well as the boosters and a lot of money will get spent that could have gone to buying instrucments.or sending the kids on a nice trip

what old drugs or bad says about folks in jazz band having to be in marching band and going to summer school to me seems like the music teacher wants the kids tooting on there horns all they can cause thats how they get good and what we have as a mucic progarm is a lot better than good.

if this keeps on it will be another example for the kids just about how adults can screw things up....if you have bad booster leaders you can vote them out.

Lots of times the boosters are parents who get excited about their kids success and are active while the kids are in school and then fade away.

its about time to hear from some smart music kids on their take of the situation.

#81 john

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Posted 01 May 2005 - 11:17 AM

QUOTE(CZTT @ May 1 2005, 12:07 PM)
I'm now concerned with people's reaction to this situation.  This all needs to be put in perspective.  We cannot control what other people do but we can control our reaction.  Remember our children are looking to us as examples on how we handle conflict.  We need to be good role models.  Do we teach life lessons on how to handle conflict with grace and tact or be bullies? Challenges are just opportunities in disguise.

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While I agree that children learn from us, one of the values that I will instill on my children is personal accountability - that is, don't sue people just because you have a selfish attitude toward life. There are a number of opportunities in life which we all have the option of suing someone because we were inconvenienced by their actions... I think this lawsuit is a horrible example to our children.


#82 Drugsarebad

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Posted 01 May 2005 - 11:31 AM

There are simple solutions to this problem. I just don't like to hear people blame the victim. The district, school and music booster board pushed Ms. Kinsella to the wall. She fought back. End of story, unfortunately, the end of the story will cost all of us a lot of attorney's fees. The majority of you want to blame Kinsella. I blame the District. Why did they not step in and solve this mess before it went this far? They've had two years.

Solution: Tell the boosters to clearly state that all monies they collect are DONATIONS!! It is perfectly legal for them to collect donations. It is not legal for them to collect FEES or DUES. If the community admires and wants to keep the music program then they will make the donations. If they don't, then that will be what kills the music program, not Ms. Kinsella.

2nd issue: The District. Well they got us into this mess. But there is no lawsuit yet, just a claim from what I heard on Channel 3. The district apparently has time to settle this thing with Ms. Kinsella. All you people clamoring for revenge should be instead writing the District and telling them to clean up this mess they caused by ignoring the wrong person. For those interested in the law, read Hartzell v. Connell (1984) 35 C.3d 899. The lady is right. The district is wrong.

#83 Solartide

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Posted 01 May 2005 - 12:00 PM

first: a lot of new members eh?

then: I was in orchestra. while the prices for the trips are high, you dont have to go. and they are not that high fter you think about the prices for busses nowadays. and if yuo dont go to a competition, your grade doesnt drop. i didnt go to some, and still got an A. Heck, I got suspended from that class for shouting out "You Guys Suck" to a sucky middle school band at a performance, and i still got an A.

#84 valdossjoyce

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Posted 01 May 2005 - 12:38 PM

welcome to myfolsom.com, selbstbeochtung. We're glad to hear from the youth who may know about this issue than we oldtimeres. I'm guessing you're a teenager judging from your moniker, which, IMHO is in exremely poor taste, no pun intended. I asks that you please change/clean it up. You'll be far more persuasive when you let your dirty-little-misogynistic wit take a rest.

#85 ducky

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Posted 01 May 2005 - 02:27 PM

I keep hearing how we shouldn't rush to judgment on this woman because we don't know the situation.

I was a music booster parent during the time these frightful things were supposedly happening. I was not one of what I'll call the core booster supporters, for which I am truly sorry I didn't make more time to help. I do remember when there was no one to handle the dues collection and they were begging for help. Where was Ms. Kinsella then? I have no problem if it were true Mr. Gaesser's wife was paid to do that because nobody else would pick up the ball. If not her, we would have had to pay a billing service which probably would have cost more.


For someone who doesn't like character assassination, Ms. Kinsella's allies sure seem to have no problem calling Mr. Gaesser a liar. How many band members do you think would show up for band competitions if they were told it didn't matter if they showed or not? All of them would of course IF their parents truly cared more about their children's musical education more than having something to look good on a college application, but unfortunately that is not always the case.

In the entire time my children were in the FHS Marching band the only time I heard anything derogatory about Mr. Gaesser was when their child didn't get a coveted position in jazz, choir, etc. So I have to ask is this really about semantics about "Dues" and "Donations" or is this a vendetta? Because if this really is just about semantics, it is a sorry-arse way to handle it.



#86 KPFaith

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Posted 01 May 2005 - 08:38 PM

I am a Folsom High music student. The parent volunteers at the Boosters are wonderful in coordinating and participating in our fundraisers, but the problem lies in where that money goes. If the money going toward overhead could go toward the trips, I can only wonder how drastically our fees would be reduced. It is my understanding that music teachers who travel with the groups to competitions and concerts are paid a stipend by the school district. Do they also receive compensation from the Boosters?

What sets a better example for us: the heads of the Boosters, who seem not to comply with regulations and won't fully disclose their budgets, or Kinsella, who has the courage to call them on it?

#87 EDF

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Posted 02 May 2005 - 08:46 AM

the bottom line... for me at least is that Kinsella could have done things in a public forum without having to make a "claim" which if not settled goes to a "lawsuit"...

so if they settle with her... I wonder how much she will get... that's the part that bothers me... she might make out real well there and we would never know it...

did she ever to the school board meetings and make her case there...?

#88 Chad Vander Veen

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Posted 02 May 2005 - 08:48 AM

QUOTE(KPFaith @ May 1 2005, 09:38 PM)


What sets a better example for us: the heads of the Boosters, who seem not to comply with regulations and won't fully disclose their budgets, or Kinsella, who has the courage to call them on it?

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Yeah, filing a lawsuit is REALLY courageous.

/enormous quantity of sarcasm

#89 forumreader

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Posted 02 May 2005 - 09:03 AM

Good points, EDF.

The stakes are just too high in bringing about a lawsuit. Hundreds of young people for years to come may suffer the collateral damage of Mrs. Kinsella's lawsuit. Why destroy a superior music program just to make a point?

If Mrs. Kinsella has more sincere motives of reforming the Boosters' organization, why has she resorted to litigious and destructive methods?

The two Folsom middle school orchestras participated in an out-of-town competition this weekend, followed by an optional trip to Marine World. The combined Folsom orchestra took first place, and the kids had a fun and safe time together. I am so sadly wondering whether this will be the last such event that my son and his friends will participate in. sad.gif

I very much wanted my children to have fantastic experiences through a music program, just like I did growing up. Now Folsom music programs are seriously threatened. sad.gif sad.gif

#90 DrKoz23

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Posted 02 May 2005 - 02:11 PM

QUOTE(forumreader @ May 2 2005, 10:03 AM)

The two Folsom middle school orchestras participated in an out-of-town competition this weekend, followed by an optional trip to Marine World.  The combined Folsom orchestra took first place, and the kids had a fun and safe time together.  I am so sadly wondering whether this will be the last such event that my son and his friends will participate in. sad.gif

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I feel for everyone involved in the music program. Like "forumreader" said... this past weekend's trip was both FUN and SAFE! Nothing like being the root cause of the demise of the music program which gave our kids something to do. A lot of times we hear that there just aren't enough things for kids and teens to do around town. Well... it looks like we may be on the way to eliminating another program where we knew our kids would enjoy themselves and be safe while doing it. Guess they'll have to turn back to video games and sitting around the house.

People keep talking about overhead. I am sure it is quite tough to get people to give up their weekend time to go on these trips... and if a little money in the form of a stipend gets the help they need... then I am in full support.

Oh well... I just think there are more productive ways to resolve this issue without having to file a lawsuit. That's just my opinion.




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