Kelly Marlow Submits Ethics Hearing Appeal to Petruzielo

While Cherokee Superintendent of Schools Dr. Frank Petruzielo has received School Board member Kelly Marlow's appeal for her ethics hearing, a lack of a certified copy of the transcript from the proceeding could delay the submission to the state.

Marlow, who last month was found to be in violation of board ethics polices when she wrote a letter asking AdvancED to investigate her colleagues, has not confirmed with the court reporter if she wants to proceed with purchasing the transcript of the hearing to go along with her appeal. 

See the attached .PDF to review Marlow's appeal

According to an email released by the Cherokee County School District, Marlow reached out by phone on the morning of Oct. 24 to ask Court Reporter Wendy Key to email her the cost of producing the transcript from the hearing. 

Key wrote in an email to J. Thomas Salata, Marlow's brother and attorney for the hearing, that her standard protocol is to collect the cost of the transcript "up front" before producing the document. 

A two-day rush would cost about $1,312.90, while a next-day production would be around $1,501 and a regular production — which would take two to three weeks to produce – would cost about $750.50.

However, in an email to Petruzielo on the night of Oct. 23, Marlow asks the superintendent to produce a certified copy of the transcript and if the cost to produce the transcript exceeds $100, to let her know in advance. 

In response, District Spokeswoman Barbara Jacoby, on behalf of Petruzielo, tells Marlow that "correspondence regarding this matter needs to remain between your attorney and the School Board Attorney (Tom Roach)." 

However, in the cover letter of her appeal she submitted to Petruzielo on Friday, Marlow once again asks Petruzielo to give her a copy of the transcript and to notify her if the cost of the transcript exceeds $100.

Jacoby on late Friday afternoon, speaking on behalf of Petruzielo, responded to Marlow's request outlined in her cover letter. 

She notes that "despite the requirement that the appealing party provide the State Board of Education with a transcript of the proceedings," Marlow never did get back in touch with Key to confirm whether she wanted to order the transcript.

Furthermore, Jacoby points out Roach said he has not received any correspondence from Marlow since her Oct. 24 inquiry to Key. 

"Even though you clearly understand the process to obtain the transcript, if you would like the superintendent to order the transcript for you, please bring to the superintendent’s office a check for $750.50 payable to the court reporter and the school board attorney will order a non-expedited transcript for you," Jacoby writes. 

Since the superintendent is required by law to submit Marlow's appeal within 10 days of receiving the appeal, Jacoby stipulates to the school board member that "your prompt attention to this matter is required."

The board on Oct. 2 voted 5-2, with both Marlow and Michael Geist opposing, to confirm that Marlow violated the board's governance structure by ignoring its chain of command in sending her letter to AdvancED. 

It also voted 6-1, with Marlow opposing, confirming she in fact violated the board's policy that stipulates no private actions should be taken that would compromise the board or the Cherokee County School District. 

The board imposed a $3,200 sanction upon Marlow, which would be contributed towards the cost the district incurred for the hearing.

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