[Update] North Tonawanda teacher sentenced in DWI had prior charge

City of North Tonawanda School District, North Tonawanda High School Teacher, Arthur J. Harack, was charged in June 2008 for resisting arrest and disorderly conduct according to a June 2008 Tonawanda News Police Report. At that time, Harack was being held in lieu of $250.00 bail.

Harack escaped prosecution under Leandra's Law.

According to a 2011 Tonawanda News Police Blotter, "On August 23, 2011,  Arthur J. Harack, 61, 1258 E. Robinson Road, was charged for aggravated driving while intoxicated, driving while intoxicated and endangering the welfare of a child. He is being held for court in lieu of $750 bail."

Further according to a Buffalo News article of January 14, 2012, Harack 
was arraigned in Niagara County Court ... on charges of violating Leandra’s Law by allegedly driving drunk with a child in his auto.

The Law

"Pursuant to New York Vehicle Traffic Law Section 1192-2a, any person caught operating a motor vehicle while intoxicated and transporting a child shall be charged with a Class E Felony. In the event that reckless driving and death or serious physical injury is not a factor, an individual will automatically be charged with a class D felony. Defendants convicted under the new law face a prison sentence of up to four years and a fine of $1000–$5000. The installation of a mandatory ignition interlock device for a term of at least six months is also an expected provision of sentencing (mandatory for all DWI offenses August 15, 2010). Moreover, licenses are automatically suspended pending prosecution and once proven guilty, the person will be reported to the Statewide Central Register of Child Abuse and Maltreatment and his/her license will be suspended for a minimum of twelve months. First time and repeat offenders are charged with an E level felony, regardless of criminal record."

Nevertheless, according to the Buffalo News, Harack was allowed to plead guilty to misdemeanor driving while intoxicated. At the time of his arrest, his BAC (blood alcohol content) was 0.13 percent and Harack had a child in his vehicle.

Updated September 01, 2012 at 11:11 AM
Updated September 06, 2012 at 7:48 PM

North Tonawanda Teacher Convicted of DWI Reported to NYSED

Moral Character Complaint Filed Against North Tonawanda Teacher Convicted of Misdemeanor Driving While Intoxicated.

North Tonawanda, NY -  A North Tonawanda teacher was reported to New York State Office of Teaching Initiatives.

Superintendent of North Tonawanda City School District, Gregory Woytila, confirmed at a Public Session of the Regular Meeting of the Board of Education of the City of North Tonawanda School District held on Thursday, September 13, 2012,  that a Moral Character Complaint was filed with New York State Education Department Office of Teaching Initiatives in the matter of North Tonawanda teacher Arthur J. Harack who was convicted and sentenced on August 25, 2012, in Niagara County Court before the Honorable Sara Sheldon Farkas for misdemeanor driving while intoxicated.

Under New York State Education law, School District Superintendents must file a report with the Department upon knowledge that a certificate holder has been convicted of a crime or has committed an act that raises a reasonable question about the individual's moral character.  Complaints received by the Department will be reviewed pursuant to Part 83 of the Regulations of the Commissioner of Education to determine the appropriate action.

Last month, the Buffalo News reported:

Arthur J. Harack, 62, of East Robinson Street, North Tonawanda, was placed on three years' probation and ordered to pay $1,400 in fines and surcharges.
He was arrested Aug. 23, 2011, with a child in his vehicle.
Police measured his blood alcohol content at 0.13 percent. Harack was allowed to plead guilty to misdemeanor driving while intoxicated.
Farkas ordered him to sell his car or at least take it off the road, since he is barred from driving while on probation.
He also must not drink, but he has been, at least at weddings and social events. "Unfortunate circumstances happen that I have no control over," Harack said.
Farkas said, "I find that appalling. I find that outrageous ... I don't think you understand how serious this is."

Mr. Harack also had a previous arrest in June 2008 for disorderly conduct and resisting arrest.

As of this writing, Mr. Harack is still gainfully employed by the City of North Tonawanda School District. 

North Tonawanda Superintendent Has No Comment On Teacher Convicted Of DWI

Superintendent 'mum' when asked about NTHS teacher Arthur J. Harack

North Tonawanda, NY - At a Public Session of the Regular Meeting of the Board of Education of the City of North Tonawanda School District held Thursday evening, School Superintendent Greg Woytila stated he was playing 'phone-tag' with an (unnamed) New York State Education Department investigator when asked if NYSED had completed its investigation [of Harack]. Woytila however had "no comment" when asked, Do you believe Mr. Harack's continued employment by the District is in the best interests of students, as well as the District?

Superintendent Woytila confirmed at last month's Board of Education meeting that a Moral Character complaint had been filed against Harack with NYSED. Harack was arrested on August 23, 2011, with a child in his vehicle and a blood alcohol content at 0.13%. He was charged under Leandra's Law on January 14, 2012. In August of 2012, Harack was allowed to plead guilty to misdemeanor driving while intoxicated before Niagara County Supreme Court Judge Sara Sheldon Farkas. 

Under New York State Education law, School District Superintendents must file a report with the Department upon knowledge that a certificate holder has been convicted of a crime or has committed an act that raises a reasonable question about the individual's moral character.  Complaints received by the Department will be reviewed pursuant to Part 83 of the Regulations of the Commissioner of Education to determine the appropriate action.

Harack was also arrested in June 2008 for disorderly conduct and resisting arrest. The disposition of that case is not known.

Updated: 10/12/2012 @1:30 PM

Superintendent resigns over DWI arrest | WIVB.com

Superintendent resigns over DWI arrest | WIVB.com

Note: Read related news about North Tonawanda High School Teacher Arthur J Harack who was arrested in August 2011 and "...charged for aggravated driving while intoxicated, driving while intoxicated and endangering the welfare of a child." Nevertheless, in August 2012, Harack was allowed to plead to misdemeanor driving while intoxicated in Niagara County Court before the Honorable Sara Sheldon Farkas, (and is still gainfully employed by the City of North Tonawanda School District), even though at the time of his arrest, his BAC (blood alcohol content) was 0.13 percent and Harack had a child in his vehicle.