The Board of Selectmen has scheduled a special meeting for Wednesday, Oct 30, 2024 at 4:30pm via Zoom with a single agenda item:
“Discussion and possible vote on filing a complaint with the Freedom of Information Commission challenging the legality of the Oct. 21, 2024 and Oct. 23, 2024 Board of Education meetings.”
Many townspeople and public school families have been following the controversy over filling the BOE vacancy created by Republican Karen Kowalski’s resignation at the end of July.
The Board of Education elected a new member one day last week and the Board of Selectmen voted to appoint a different person the following day.
Both the Town and the Board of Education have retained counsel.
Ms Kowalski must be replaced by a Republican as the board is comprised of 4 Democrats and 4 Republicans.
It was previously established that the Selectmen can vote on a BOE chair if the BOE fail to reach consensus. For a nominee to become chair of the board requires 5 out of 8 votes.
Kowalski also happened to be the chair of the BOE when she resigned.That was the result of one of those situations with BOE tie votes.
This is new territory. Now two people have claims on one BOE seat.
Last Monday the BOE held an emergency meeting. Acting BOE chair, Democrat Karen Hirsh, said it was necessary to convene the meeting to give a new member time to familiarize themself with the budget before a vote set to take place on Thursday.
There was quorum with 4 Democrats and one Republican. They voted to fill the seat with Republican Jen Behette, a former guidance counselor and longtime PTA volunteer. The vote was 4-1, with Republican Dr. Mercanti-Anthony voting no.
Ms Hirsh said that the process, including the emergency meeting, had adhered to board policy and state statute.
The next day, Tuesday, the Republican controlled Board of Selectmen held a special meeting with one agenda item: discussion and vote on Board of Education vacancy.
First Selectman Camillo said he had consulted the town attorney and that the BOE’s emergency meeting had been “illegal.”
“The Democrats have retained counsel. So they are in an adversarial position with the town,” he said.
“This administration has gone to great lengths the last four or five years doing so many things for transparency purposes – to not have our efforts stained with this act,” Camillo said. “Unfortunately, it’s embarrassing.”
Republican Lauren Rabin made a motion to appoint Paul Cappiali, who is a current candidate for State Rep in the 150th district and Greenwich harbormaster.
The lone Democratic member of the 3-person Board of Selectmen, Janet Stone McGuigan said she was concerned the Selectmen were conflating authority to break a deadlocked vote for BOE chair with an authority to fill a vacancy.
“I’m not aware of any practice or statute that gives the Board of Selectmen this authority,” Ms Stone McGuigan said. “I’ll remind everyone that the BOE is a state body and the Board of Selectmen is a town body. None of us want our votes to be re-litigated, and as elected officials I know we are sensitive to the autonomy of elected bodies.”
Further, she said the Selectmen had not interviewed the six candidates for the BOE, which they typically do for positions on town boards and commissions.
Town attorney Barbara Schellenberg interjected said the action was pursuant to CGS section 7-107 which allows the Selectmen to appoint a qualified person to fill a vacancy on any town board or commission if that vacancy hasn’t been filled in 30 days.
Ms Stone McGuigan abstained in the vote.
Mr. Camillo and Ms Rabin voted in favor of Mr. Cappiali.
The next day, Wednesday, the BOE held a previously meeting on Zoom where they ratified their vote on Ms Behette.
Ms Behette, who had already been sworn in by Lin Lavery, a Justice of the Peace who previously served as a Greenwich Selectman, was a panelist. Ms Hirsh welcomed Ms Behette to the board.
Cappiali was sworn in last week by Town Clerk Jackie Budkins.
At the outset of Thursday’s BOE meeting, via Zoom, both Mr. Cappiali and Ms Behette appeared on the screen as panelists. Mr. Cappiali was quickly removed.
The Oct 30 special meeting of the Selectmen at 4:30 via zoom. Click here for agenda and Zoom link.
See also:
Cappiali Appears Briefly as BOE Panelist; Demoted to Attendee over Republican Objections
Oct 25, 2024
BOE Vote to Ratify Earlier Vote on New Member, Jen Behette
Oct 24
BOE Democratic Caucus: First Selectman’s Actions on BOE Vacancy Are a Power Grab
Oct 24, 2024
Jen Behette: It is sad and frustrating that I am continually mischaracterized
Oct 25
Camillo Statement on Democratic BOE Members’ Actions
Oct 24
Selectmen Vote 2-0-1 to Appoint Cappiali to BOE Vacancy; Town and BOE to Litigate