According to Conway, Helmes was told in April of 2005 that she would not be offered tenure, and so she felt the need to resign from her position in the district.
"We're claiming it was just a set-up," said Conway.
South Colonie Central School District Board President Tim Ryan said that the district couldn't comment on issues of litigation.
"Unfortunately, it is our policy not to comment on any personnel matters or pending litigations," he said. "But also unfortunately, Ms. Helmes and her attorneys chose not to abide."
Superintendent of Schools Michael Marcelle declined to comment on the case, also because it is the district's policy not to comment on issues of litigation.
Ryan did say that two other co-defendants in the case who gave testimony were judged caseless and that "this just continues to cause the taxpayers of South Colonie unneeded legal expenses."
But according to Conway, Helmes intends to proceed with the case to trial, which could happen in the upcoming months.
"We completed discovery, and we anticipate trial soon. The motion was pending 10 months that we had to obtain witness statements," said Conway. "The case was filed in 2006, and for the past two years we've been engaged in discovery."
Discovery, said Conway, is the collection of information about the case. While the school district and Helmes have not yet gone to trial, Conway said that they have had discussions with a judge.