PEABODY-The Disney debacle that has haunted Peabody School Committee members for over two years is finally settled?well, almost.Members voted not to pursue civil litigation against former Peabody Veterans Memorial High School band director Stephen Baberadt, Jr. Baberadt overcharged his students by $530 each for a 2005 field trip to Disney World, as well as allegedly used fundraising money to bring his family along for free.Member Ed Nizwantowski voted in favor of continuing the issue in court, against the opinions written in a letter from City Solicitor John A. Christopher.Christopher stated that the civil lawsuit against Baberadt, Jr. would be difficult, if possible at all.?The major road block to the pursuit of civil action against Mr. Baberadt in Massachusetts is whether Massachusetts has personal jurisdiction over him under the Massachusetts ?Long Arm? statue?,” wrote Christopher. In other words, the fact that Baberadt is a resident of New Hampshire, Massachusetts courts would only have the right to “exercise personal jurisdiction” if he has a particular amount of contacts within the state.Christopher does not believe such to be the case.?Any litigation must necessarily be commenced in New Hampshire, which would require engaging New Hampshire counsel at considerable expense,” said Christopher, who went on to suggest that those “aggrieved due to overpayments” pursue them on their own privately.The Committee accepted Christopher?s opinions, although not with open arms.David McGeney said that his position has always been that the punishment of repayment would never be enough for the crime, but that he?s willing to go along with Christopher?s suggestion.?I?d like to make it clear that under any circumstances, we have to tighten up fundraising,” McGeney said. “For everyone?s protection, we really have to tighten up a process like this so it won?t happen again.”Beverly Anne Griffin Dunne, who has been very outspoken about the issue, said that the whole thing is “very frustrating,” but also an important learning experience. She said that procedures have already been put into place for ensuring that in the future, fundraising money goes where it?s intended to go.Dunne later motioned that $1,694 in interest that was “inadvertently used” be transferred into the student account and included in the final repayment amount to be divvied up. The total amount reimbursed to each student would be then be the complete $530, rather than $480, which is where it stands now.
