A dispute between the Republican First Selectman and Greenwich Board of Education and its chair Democrat Karen Hirsh arose after the two boards appointed different individuals to fill a vacant BOE seat back in October 2024.
The dispute has taken the form of both a lawsuit and a FOI Commission complaint.
The lawsuit FST-CV25-6070637-S. CAMILLO, FRED Et Al v. HIRSH, KAREN Et Al) started with a Dec 2024 complaint in Stamford Superior Court with First Selectman Fred Camillo and the Town of Greenwich listed as plaintiffs and the Board of Education and its four Democratic members – Karen Hirsh, Laura Kostin, Sophie Koven and Kathleen Stowe – listed individually as defendants. The lawsuit is active.
The BOE held an emergency meeting on Monday, October 21, 2024, where they voted (4-1) to appoint Republican Jen Behette to fill the seat of Republican Karen Kowalski who resigned citing a move out of town.
The day after Ms Behette was voted in, the Republican majority Board of Selectmen voted 2-0-1 to appoint Republican Paul Cappiali, with Democrat Janet Stone McGuigan abstaining.
The situation sparked the legal challenge from Mr. Camillo and the Town of Greenwich arguing the BOE meeting had been illegal, given they had been required to appoint the replacement within 30 days, but they took over 90 days, and the meeting was not adequately noticed.
Mr. Cappiali logged into an Oct 24, 2024 BOE meeting on Zoom but was demoted from panelist to attendee and has not been seated in the proceeding year. Today Cappiali is on the Republican slate for BOE for a 4-year term. He is guaranteed a seat given it is not a competitive election among Republicans. (The Democrats have a competitive election among 3 candidates for 2 slots).
At a recent BOE candidate debate hosted by the LWV, Cappiali introduced himself as a BOE member, saying while he had not been seated, he had caucused with his party and worked behind the scenes.
Last Friday, Oct 10, the FOI Commission issued a preliminary decision.
The commission will make a final decision at an Oct 22 in-person meeting at 2:00pm in Hartford where each party will be allotted 10 minutes for oral arguments. For good cause shown, however, the Commission may increase the period of time for argument. A request for additional time must be made in writing and should be filed with the Commission on or before 5:00pm on Oct 20, 2025.
Proposed Final Decision
The proposed final decision notes that the commission heard the case on March 20, 2025 and April 14, 2025 when the complainant and respondents appeared and presented testimony on the complaint.
The proposed final decision talks about what constitutes a “public agency,” and its definition.
The commission said the BOE chair is considered a public agency, but the three individual Democratic members of the BOE originally named in the complaint – Sophie Koven, Laura Kostin and Kathleen Stowe – are not.
“…based on the allegations in the complaint, the Commission, in its discretion and in accordance with RCSA §1-21j-30, designated the appeal as against the Chairman of the Board of Education for Greenwich Public Schools and the BOE, and removed the other three board members as respondents upon docketing the matter.”
The preliminary decision says the complainant, Fred Camillo, named the Town of Greenwich as a co-complainant, but the Town is not a proper complainant: “…the Town is not a proper complainant under §1-206(b)(1), GS.”
The proposed decision says the respondents’ December 3, 2024 motion to dismiss was also denied.
The proposed decision says the complainant requested an expedited commission hearing on Oct 31, 2024 and again on Nov 14, 2024, but the commission declined both requests.
The proposed decision notes that the Oct 21, 2024 BOE meeting was noticed less than one hour before convening, depriving the public of access to the appointment, that the respondents had ample opportunity to fill the vacancy during the 94 preceding days, and that as a result, “the respondents did not act in good faith to comply with the notice requirements of the FOI Act for their Oct 21, 2024 meeting.”
The gist of the proposed decision is to recommend the actions taken by the respondents only at their Oct 21, 2024 meeting be declared “null and void.”
“Considering the aforementioned nature of the particular violation, the harm demonstrated, the circumstances surrounding the violations, and the effect of a null and void order, the actions taken by respondents only at their Oct 21, 2024 meeting are hereby declared null and void.”
The FOI Commission proposed decision says they do not have jurisdiction over the issue of whether the Selectmen exceeded its authority under state law by noticing a meeting to appoint a person of its choosing to fill the vacancy on the respondent board.
But it says the FOI Commission does have jurisdiction over whether the respondents reasoning for the emergency meeting that dispenses with the FOI Act’s special meeting notice requirements is indeed a true “emergency” within the meaning of §1-225(d), G.S.
BOE Chair Karen Hirsh Statement
On Monday, BOE chair Karen Hirsh issued a statement response to recent coverage of the preliminary FOIC ruling, she wanted to make a clarification.
“The recent proposed ruling from the Freedom of Information Commission — nearly a year in the making — has resolved none of the substantive issues at hand. It simply clarifies that this complaint was filed by a person, Fred Camillo, and not by the Town of Greenwich, and that it was filed against the Board of Education as a whole agency, not against individual members.”
Hirsh added, “Importantly, this draft ruling does not address the legality of any appointment or the actions of either Board. It only determines whether the FOIC deemed the BOE’s 10/21 meeting to qualify as an ’emergency’ based on its definition.”
Hirsh said the Greenwich Board of Education remained focused on its core mission of educating and supporting students and staff.
Sophie Koven and Kathleen Stowe Statement
BOE Democratic members of the BOE Sophie Koven and Kaathleen Stowe issued a statement on Tuesday saying, “We are pleased that the proposed finding of the hearing officer of the FOIC allows Jen Behette to continue to serve as a member of the BOE until the position is filled in this year’s local elections. We are also glad it indicates that the Town of Greenwich is not a complainant against the BOE under the provisions of the FOIA. The complaint and lawsuit Fred Camillo has personally filed against the BOE on October 31, 2024 has wasted hundreds of thousands of Greenwich tax dollars with no effect. The candidate that Mr. Camillo sought to install on the BOE is running uncontested in the upcoming Town elections and will therefore have his opportunity to serve as an unpaid volunteer for the benefit of our schools over the next four years.”
Stowe and Koven added, “We want to thank Jen Behette for her hard and very effective work on behalf of our students. As a former educator, PTA leader and the past head of the Junior League, her knowledge and experience have been invaluable; she is the only Republican board member with a perfect attendance record this year and has been a devoted and constructive member of the BOE.”
Koven and Stowe said serving on the BOE is a major commitment. “Unlike other Greenwich elected positions, BOE members serve four-year terms. This longer term is necessary due to the complex and varied responsibilities of the office. When BOE members prematurely resign before the end of their term, it disrupts the work of the BOE, much to the detriment of the Greenwich Public School students.”
“Our time is focused on supporting and celebrating all of our excellent schools. We are grateful for our dedicated teachers and staff who daily make it possible for our students to grow and thrive in so many ways. Everyone should look with pride at the great educational achievement data for this school year and also rejoice with the football team in its undefeated season! We further hope that the community can come together to support GPS students in all phases of the programs provided to them by the GPS and celebrate our students’ many successes.”
Statement from the Greenwich DTC
“It never makes sense to sue ourselves. Instead of focusing on what’s best for our town, Mr. Camillo quickly ran to the Freedom of Information Commission in Hartford and the Stamford Superior Court.
He could have saved tax payers hundreds of thousands of dollars by not attacking the volunteers serving on the Board of Education (BOE). And the legal offensive continues, a final official decision has yet to be rendered, with more briefs and oral argument, and legal bills, to come.
What’s more baffling is that this arcane and expensive legal dispute has been Mr. Camillo’s single education initiative over the past year, despite the fact that members of his own party were busy cutting $4 million from the schools’ budget. None of this has helped our students, our town’s wider reputation as a world class place for families to call home, or the need to dial down the political temperature in town.
“As First Selectman candidate Anthony Moor has said, ‘I can’t imagine, as the public executive you entrusted with your tax dollars, waking up in the morning and saying, ‘I’m going to sue ourselves!’
“The unified team of candidates on Row A will protect and support our schools, while also
implementing data-driven budgeting and proven technology to identify efficiencies, lower operating
costs, and ensure low taxes.”
“Fortunately, there is a BOE election underway right now, which includes Republican candidates and the Democratic Party’s endorsed BOE candidates, Bob Chaney and Veronica Chiavaroli. Their election will bring a new perspective and improved relations to the Board’s operations and practice.”
See also:
Greenwich Sues Greenwich: First Selectman Camillo vs School Board Democrats Dec 9, 2024
BOE Vote to Ratify Earlier Vote on New Member, Jen Behette Oct 24, 2024
BOE Democratic Caucus: First Selectman’s Actions on BOE Vacancy Are a Power Grab Oct 24, 2024
Camillo Statement on Democratic BOE Members’ Actions Oct 24, 2024
Selectmen Vote 2-0-1 to Appoint Cappiali to BOE Vacancy; Town and BOE to Litigate Oct 23
Emergency Greenwich Board of Education Meeting Ushers in 8th Member Oct 21, 2024
Greenwich Board of Education Chair Resigns Citing Out-of-Town Move
July 21, 2024