This page is presented as an educational resource for the Octorara community to highlight the actions of John Miller and Anthony Falgiatore against the Octorara Area School District

 

A detailed timeline of Mr. Falgiatoreís and othersí collaboration
with Miller
is available in the

Adobe PDF file linked here.

 

Questions Mr. Falgiatore should answer are here.

 

John Miller

For over two years the Octorara Area School District (OASD) has been embroiled in disputes and legal actions involving John Miller from Kimberton, PA. In August 2022, Miller filed a federal civil lawsuit against 8 of the 9 school board members, and 4 members of the schoolís administration team. The next month, September 2022, Miller was arrested for trespass on the Octorara campus and possessing a weapon on school grounds. The conclusion seems near as Millerís federal civil suit against the school district has been completely dismissed. His criminal trial is pending.

 

Anthony Falgiatore

The legal saga surrounding Miller and the Octorara Area School District includes Anthony Falgiatore, a member of the OASD school board who is also a police sergeant with East Whiteland Township. Falgiatore has supported Miller in Millerís actions against the District.

 

A summary of Mr. Falgiatoreís actions as he placed Millerís interests above those of OASD are below:

 

      In sworn testimony, Mr. Falgiatore confirmed he started working with Miller in January 2022.

      Using a statement from Miller, Mr. Falgiatore falsely accused our school of violating Sunshine Law, and that our public comment policy is unconstitutional.

      Pictures of Mr. Falgiatoreís phone showing his emails appear in over 40 pages on Millerís website. The method of sharing, by taking pictures of his phone showing his emails, appears to be an attempt to cover-up.

      After Millerís arrest on our campus for trespass and possession of a weapon, Mr. Falgiatore testified in Millerís defense and said as a police officer he would not have made the arrest. A clip from Falgiatoreís testimony is linked here.

      Mr. Falgiatore forwarded an email sent to the board on the sensitive topic of school security about the state trooper investigation of Miller, to Miller. It looks like he again tried to hide that sharing. In the span of 3 minutes, he routed the email through two private email accounts. (see pg. 13 here)

      Miller named Mr. Falgiatore as a co-plaintiff. In a conflict of interest, Mr. Falgiatore repeatedly voted against paying legal bills for a suit in which he was working with the plaintiff, and the plaintiff had tried to add him as a co-plaintiff.

      On behalf of Miller, Mr. Falgiatore directly contacted the Districtís insurance company and attorney.

      Mr. Falgiatore sat side-by-side with Miller in an interview calling for the dismantling of our public schools.

 

Falgiatoreís support for Miller dates to early 2022 when he objected to Policy 903 during a February school board meeting, claiming it violated citizensí constitutional rights. When questioned about the similarity in language used by Falgiatore and Miller, Falgiatore asserted that it was purely coincidental. His public statement appeared to safeguard him from being included in Millerís March 2022 letter in which Miller warned the other 8 board members that he would sue them.

 

Falgiatore was also not named as a defendant in Millerís federal civil suit, filed later in August 2022. Notably, Falgiatore was the only board member not named in Millerís lawsuit.

 

Millerís arrest on the OASD campus in September 2022 led to Falgiatore testifying on his behalf in November, where he revealed that he had known Miller since January 2022 and had seemingly been cooperating with him since then.

 

Millerís opposition to the district revolved around their enforcement of Policy 903, which governs public participation during school board meetings. He argued that the district restricted his First Amendment right to free speech by enforcing the residency requirement for public comment. However, courts have consistently upheld the reasonable restrictions imposed by school districts to manage their meetings. Despite Millerís assertions, in a pre-trial opinion on May 5, 2023, the judge concluded that Miller failed to present a plausible First Amendment challenge. The judge dismissed Millerís remaining assertions in his federal suit on March 29, 2024.

 

~ ~ ~ ~ ~ ~ ~ ~

 

Schools are a place to educate and prepare our youth. School board meetings should be deliberative sessions to guide the educational services the school provides. Visitor comment time is a valuable opportunity to hear community input. Miller, working with members of our community, perverted it into a playground for their false debate about the first amendment. Millerís efforts led to his failed suit and arrest. Falgiatore steadily and deliberately supported him in that misguided effort.

 

~ ~ ~ ~ ~ ~ ~ ~

 

Outstanding questions to Mr. Falgiatore remain:

 

Questions about your voting and Miller's suit

1) Why did you vote against paying the Districtís legal bills?
In a conflict of interest, you voted against paying legal bills for a suit in which you were working with the plaintiff. Miller filed with the court to add you as a co-plaintiff. Having been named by Miller as a co-plaintiff you should have abstained.

2) How do you justify your consistent voting against paying the Districtís legal bills?
As the judge's opinion from early May '23 became available, you should have realized Millerís argument to bring his case against individuals in their private person capacity had failed. The judgeís opinion is here: 
https://drive.google.com/file/d/1pVdVOkU5ccmS_XB2-JeSr9w4b7ZyRN4k/view?usp=sharing
Starting on page 18, the judge reviews Policy 903 and negates Miller's points. In the pages that follow, the judge provides her comprehensive rationale for concluding that Policy 903's reasonable residency restriction is constitutional and the removal of Miller on March 21, 2022 was justified. Her conclusions drove a stake through the heart of Miller's claims. Without a constitutional rights violation, the suit was never against defendants in their private person capacity. Therefore, your votes against paying the District's bills have no basis.

 

Questions about your integrity

3) Why did you send Miller Dr. Orner's email about the PA state trooper investigation of him?

 

4) Who is "whizwit?" In using that email address as an intermediary, did you attempt to cover-up your sharing of information with Miller by making that email trail untraceable? You forwarded from your Octorara email account, to your private hotmail account, to whizwit, and from whizwit it went to Miller. All in 3 minutes on an iOS device. Explain your actions which would have been untraceable except Miller provided it all to us through his exhibit.

 

5) Why did you have pictures taken of your phone displaying your Octorara email account? That action also appears to be an attempt to cover-up sharing of information. If you take a picture of an email, there's no forwarding trail. And why does Miller have them published on his website? We can credit Miller again for exposing your actions as he provided several examples of pictures of your phone.

 

6) On the question you'd raised to Judge Gill (included in your email images on Millerís site), did she ever get back to you? If not, have you considered approaching legal counsel for your township to ask their opinion about the questions you'd raised as you found yourself in conflict with your oath? Was there support available through MOPEC?

 

Questions about your professional judgement

Below are additional questions that arise given your statements about visitor comment policies in public meetings, and your role in law enforcement within East Whiteland Twp:

 

7) East Whiteland Twp. has meeting rules. They are available here: https://www.eastwhiteland.org/DocumentCenter/View/2483/East-Whiteland-Township-Public-Meeting-Rules---Adopted-March-9-2022

The word you used in your Feb '22 statement to describe the Octorara policy on public involvement in meetings is "repugnant." Looking at the similar language in the East Whiteland Twp. meeting rules, do you think your employer's meeting rules are also "repugnant?" Do your employer's rules violate constitutional rights? Have you brought your concerns to the township?

 

8) The Great Valley School District has a visitor comment policy 903 like Octorara's. Is their policy also "repugnant?"

 

9) Would you remove someone from an East Whiteland Twp. or Great Valley school board meeting if they prevented the governing body from conducting its business? 

 

10) If events led to a trespass order being placed on a non-resident of either the East Whiteland Twp. or Great Valley School District, and that person later attended a meeting, would you enforce the trespass order? In Miller's case, the PA state troopers arrested him, yet at Miller's preliminary hearing in Nov '22 you testified that you wouldn't have done the same. Do you maintain that position?

 

11) As noted above, the PA state troopers did arrest Miller and he awaits trial for first-class misdemeanor charges of trespass and possession of a weapon on school property. Again, an arrest you have said under sworn testimony you would not have made. In a moment of need, should the East Whiteland Twp. board of supervisors and the Great Valley School District rely on you, or would they be better served by PA state troopers?

 

The communities you serve expect answers to these questions as it appears you have been working against the interests of Octorara and trying to hide your support of Miller. There's a need to clarify your position, explain your thinking, and clear the concerns around your actions - and concerns about when you say you wouldnít act.

 

 

 

 

This page is presented as an educational resource for the Octorara community to highlight the actions of John Miller and Anthony Falgiatore against the Octorara Area School District