Rochester schools, ex-technology director settle lawsuit over emails
ROCHESTER —The Rochester School District (SAU 54) and several members of its School Board, including former chairperson Paul Lynch, have reached an undisclosed settlement with David Yasenchock, the district's former chief technology officer who filed a lawsuit in 2022.
Details of the settlement will not be released and both sides have agreed to resolve the lawsuit with no further action, according to court documents.
The suit alleged school officials wrongfully terminated Yasenchock on Nov. 12, 2020, after 23 years because he refused to do what he said was likely illegal: Give then-Superintendent Kyle Repucci and then-Assistant Superintendent Saundra MacDonald access to emails written by School Board members who, Yasenchock alleged, they suspected of being in communication with union members and of assisting them in writing a file to be submitted to the superintendent.
Current School Board Chair Shane Downs said this week the lawsuit was "before his time" and has "nothing to do" with Repucci's recent early departure as superintendent to start a new job as a Grades 3-5 school principal in Concord.
School Board member Karen Stokes was one of the people whose emails were involved in the alleged request by the administration to mine her data. She is still a School Board member.
"The most frustrating part for me is that I feel the whole story was never told, and now will likely never be brought into the open," said Stokes. "We are not going to find out the details of the settlement and to not know the reason is hard."
Stokes said she has total respect for Yasenchock.
"David Yasenchock is an amazing individual," she said "He felt what was asked of him was totally unethical, and he stood up for that. I filed a police report and was told that what was asked might have been against policy but was not illegal. I still question that."
Stokes said the other question she would have, and one that is unlikely to be brought into public view, is how much taxpayer money the district spent on it, only to settle out of court.
Yasenchock met with Repucci and MacDonald, telling them he felt fulfilling their request would be a violation of the School Board data privacy policy, written in 2019.
The six counts listed in the lawsuit were a violation of the whistleblower act, wrongful terminiation, disability discrimination (PTSD), a breach of fiduciary duty against the Rochester school board, a breach of contract, and a breach of good faith and fair dealing.
Through his lawyer, Phil Pettis, Yasenchock had asked for a jury trial, which is now cancelled because of the settlement.
On April 8, a settlement letter was filed in Strafford Superior Court. It states, "Please be advised that Attorney Cullen has notified the court that this case has been settled and that an agreement will be electronically filed with the court."
The settlement agreement filed with the court gives no details, and merely says "Neither party, no costs, no further action for the same cause.”
No response was received to requests for comment from either Pettis for Yasenchock, nor the firm of Friedman Feeney Law, which represented the school district.
This article originally appeared on Fosters Daily Democrat: Rochester schools, ex-technology director settle lawsuit over emails
