At Monday night’s special Board of Education meeting an agenda item concerned a settlement offer from First Selectman Fred Camillo regarding litigation between him ant the Town vs former BOE chair Karen Hirsh and others, some no longer on the board, that was initiated back in December 2024.
The litigation started after the school board voted 4-1 during an Oct 21, 2024 emergency meeting to appoint Republican Jen Behette to fill a vacancy created by the resignation of Republican Karen Kowalski.
The next day, Oct 22, the Selectmen appointed Republican Paul Cappiali in a vote of 2-0-1, with Janet Stone McGuigan abstaining, saying at the time she was not certain the Selectmen had the authority to appoint a BOE member.
The complaint from plaintiff Camillo et. al. argues the emergency school board meeting was not noticed properly, that there was no genuine emergency – alleged violations of FOIA – and that the town charter gives the Selectmen authority over the appointment.
In October 2025, the FOI Commission ruled the meeting was not noticed properly and did not meet the standard of an emergency, and was therefore null and void. The FOI commission did not opine on who may appoint members to serve on the school board.
This past May the RTM Budget Overview Committee considered a motion from Jennifer Andrews to cut the law department’s budget by $300,000 in response to the expensive ongoing litigation. Ms Andrews noted the attorney for the Town’s fees had been paid, but the attorneys for the school board had not. She noted that by the end of March, $192,644 in legal fees from the First Selectman had been paid, while $304,002 for the BOE’s legal team had been invoiced but left unpaid. The town attorney—who is typically tasked with approving legal bills under the town charter—has recused herself from the matter. Despite all the leadership of the committee voting in favor of the motion to reduce, the motion did not pass.
On May 28, 2026, the school board voted unanimously (8-0) to authorize legal counsel to enter into settlement negotiations with Mr. Camillo and the Town regarding pending litigation.
Fast forward to this week.
At Monday’s special meeting, a 4-4 tie vote on a motion to approve a litigation settlement offer from Mr. Camillo failed.
Initially Mr. Cappiali, now a board member having been voted as part of the Republican school board slate last November, made a motion: “To accept the settlement offer from the First Selectman in Camillo v Hirsh, subject to further pending review.”
Wendy Vizzo Walsh seconded the motion.
“There’s not much we can say about this. We can clarify that the board did receive an offer from the First Selectman,” Mercanti-Anthony said.
Board member Sophie Koven questioned whether the motion was in proper legal order.
“We’re voting on a specific settlement offer. I think it should have been published to Board Docs for the public to be able to review it,” Koven said.
“Furthermore, because of some various different types of computer programs people use, many of the board members actually never had the opportunity to read this offer that was sent from Fred Camillo to Dr. Mercanti-Anthony until today, and also hadn’t seen various drafts.”
“I’m not prepared, and I don’t think it’s appropriate for us to vote on something the public hasn’t seen,” she added.
Mr. Cappiali said he had spoken to the attorney who helped frame the motion. “He confirmed that it was in legal order,” Cappiali said.
“Can you clarify what attorney?” Mercanti-Anthony said.
“Mark,” Cappiali said.
“You sent us all an email that we could all individually talk to Mark,” Cappiali said.
“I wasn’t privy to that conversation, and I think we would need to have written guidance confirming this would be in proper legal order,” Koven said.
“I agree with Sophie. I don’t think this is in legal order,” board member Bob Chaney said. “I don’t think we should vote on it.”
Karen Hirsh agreed. “Especially since most of us did not receive the settlement offer until we were sitting in a meeting. We haven’t had a chance to review anything. And the other named individuals have not have an opportunity to either.”
“I think the public is tired of this and wants this to end,” Cappiali said.
Karen Krause agreed with Mr. Cappiali. “This is not a situation where the allegations are entirely unproven. An independent agency has already determined that the FOIA violation occurred. This board has known for months that there was a potential path toward resolution. An informal settlement proposal was put forward several months ago. Since then this matter has consumed public resources and board attention. I think we owe taxpayers an explanation if we intend to continue spend money on litigation rather than seriously pursuing a resolution.”
Ms Koven said, “We should move on from this litigation and it doesn’t benefit taxpayers to continue. The question is whether it is in proper legal order on a settlement that was sent from the First Selectman to the chair of the board and was not shared with the rest of the board until today, and hasn’t been presented to the public. That settlement agreement should be posted for the public to review, which hasn’t happened.”
“Which is why it says pending further review,” Cappiali said. “At least we’re moving in the right direction, and then we can clean this up.”
Dr. Mercanti-Anthony called the question and the vote failed with the 4-4 tie.
He noted at a previous meeting the board already authorized continuing negotiations.
Ms Vizzo Walsh asked who ultimately has authority.
“Let’s say the attorneys get together and talk. Does it come back to the board as a vote?”
Mercanti-Anthony said, “We would have to accept the settlement offer and we’d take a public vote on it. At that point, it would be a public vote and it would be posted.”
Mercanti-Anthony made another motion to direct the board’s attorney to meet on an expedited basis, face-to-face with attorneys representing the Town to continue negotiations.
Ms Koven said, “This is reiterating that the board would like to end the litigation and is very eager for our attorney to engage in settlement discussions. That’s been the case for a long time and remains the case and would be to the benefit of the public.”
Cappiali seconded the motion.
The motion passed 8-0.
Per the CT Judicial branch website, a remote status conference is on the docket for July 8, 2026.
A trial is set for April 2027.
See also:
Greenwich School Board Votes to Enter Settlement Discussions in Lawsuit with First Selectman Camillo and Town
May 29, 2026
At RTM Budget Overview Committee, Frustration over Legal Fees Heats Up, Again
May 4, 2026
Greenwich Sues Greenwich: First Selectman Camillo vs School Board Democrats Dec 9, 2024
Ongoing BOE Legal Matter Casts a Pall over Election of Officers Nov 22, 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
Oct 23, 2024
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