Greenwich Sues Greenwich: First Selectman Camillo vs School Board Democrats

On Monday a complaint landed in superior court in Stamford 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.

Republican Jen Behette is described in the complaint as “purported BOE member (via an unlawful appointment),” and is also named as a defendant.

The plaintiffs are represented by Thomas Cassone and Benjamin Bianco of Meister Seelig and Fein.

According to the complaint, the BOE member defendants conspired to call an unlawful meeting where they appointed Ms Behette to a then vacant BOE seat.

The seat became vacant when then BOE chair Karen Kowalski resigned citing an out of town move.

On Oct 21 the BOE held an emergency meeting at which the five members in attendance voted 4 to 1 to add Republican Jen Behette the board. At the time, The acting chair, Democrat Karen Hirsh explained that six candidates had been interviewed.

The plaintiffs’ complaint says that meeting was not noticed properly and that there was no genuine emergency, an alleged violation of FOIA. The complaint says that meeting and vote were held over the objection of Republican Dr. Michael Joseph Mercanti-Anthony.

Then on Oct 22 the three-member Board of Selectmen comprised of two Republicans and one Democrat voted 2-0-1 to appoint Paul Cappiali to the vacant seat, citing the authority of Connecticut General Statute 7-107, which the plaintiffs said authorizes the Selectmen to fill a board vacancy if such board fails to fill the vacancy within 30 days. Lone Democratic member of the board of Selectmen, Janet Stone McGuigan abstained, saying she was not certain the Selectmen had the authority to appoint a BOE member.

“I’ll remind everyone that the BOE is a state body and the Board of Selectmen is a town body,” she said. “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.”

She also said she had not interviewed candidates.

A footnote in the complaint refers to CGS 7-107 on Vacancies, “Except as otherwise provided by law, if any vacancy occurs on any town board of commission, and such board or commission has power by law to fill such vacancy but fails to do so within thirty days after it occurs, the board of selectmen or chief executive authority of such town may appoint a qualified person to fill such vacancy until the net municipal election.”

the complaint goes on to say Cappiali was sworn in by the town clerk and certified to the Secretary of State on Oct 22.

The Selectmen, having retained attorney Ben Bianco to represent the Town against the school, held a special meeting on Oct 30 to discuss whether to pursue a FOIA complaint about the BOE’s alleged “illegal meeting.”

During that meeting Attorney Benjamin Bianco, who happens to be Karen Kowalski’s spouse, advised that in certain situations, there are expedited procedures at the FOIA Commission. From there, the plaintiffs complaint to the FOIA commission sought an expedited hearing but were denied, as was their appeal.

The Selectmen on Nov 26 voted 2-1 to seek a temporary restraining order against the school board. At that meeting, Camillo referred to the BOE’s action as “the mother of all power grabs.”

Later, in a statement in response, school board chair Ms Hirsh said, “We are the Board of Ed, not the Board of Fred.”

Back to the complaint.

The complaint noted that Ms Behette has been seated at BOE meetings while Mr. Cappiali has attempted to participate but has been prevented from doing so in a meaningful way.

Indeed, at the Oct 24 BOE meeting when Cappiali logged in as a panelist using Wendy Vizzo Walsh’s link, he was quickly demoted to attendee.

At subsequent meetings he has appeared seated beside Ms Vizzo Walsh on Zoom.

On Nov 21, the board held its annual election of officers, resulting in Ms Hirsh being elected chair, Ms Behette elected vice chair and Laura Kostin elected secretary. Mr. Cappiali attempted to vote for Dr. Michael-Joseph Mercanti-Anthony for chair, but was not recognized.

The plaintiffs also applied on Monday to the court for a temporary restraining order and temporary injunction to stop Ms Behette from participating in school board meetings, to have Ms Hirsh revert to serving as acting chair rather than chair, and to have Republican Wendy Vizzo Walsh continue to perform in the role as secretary, not Laura Kostin.

“In failing to seat Mr. Cappiali, the BOE member defendants have called into question the legitimacy of all BOE meetings, votes, and actions in which Ms Behette is permitted to participate as a BOE member and/or where Mr. Cappiali is precluded from participating as a BOE member,” the plaintiffs’ complaint states.

As for the relief requested in the complaint, the plaintiffs seek declaration from the court stating that, “…to the extent the FOIC finds the Oct 21, 2024 BOE ’emergency meeting’ was conducted unlawfully, all subsequent actions and meetings of the BOE – and particularly where defendant Behette was relied upon for a quorum are null and void.”

They also seek for the court to declare that the emergency meeting was conducted in violation of FOIA and that Mr. Cappiali was duly appointed by the Selectmen per CGS 7-107.

On Oct 24, Camillo issued a statement saying in part, the BOE Democrats had “…picked the one candidate that was not acceptable to the three remaining Republicans on the board.”

On Oct 24, the BOE Democrats said in a letter to the editor that the law of the state and the provisions of the Town charter had been followed when the BOE held the emergency meeting on Oct 21 and filled the vacancy.

Further, they said, Mr. Camillo’s “attempt at a blatant power grab” ignored the legal autonomy of the Board of Education, which they said was an entity of the State of Connecticut.

This month, the school board is in the midst of budget planning.

If a vote on the budget were to be declared null and void, that would certainly be unprecedented.

Indeed, the entire situation is unprecedented.

Since two Republicans have claimed the BOE seat, the board has met exclusively via Zoom, with the chair declining to recognize Mr. Cappiali. Typically, their business meetings are in person at Central Middle School with a Zoom option.

On Sunday, DTC chair Christina Downey, a former BOE member and vice chair herself, penned a letter to the editor about the school board vacancy, referring to “rampant cronyism, conflicts of interest, and most importantly, the waste of taxpayer money by the First Selectman as he pursues multiple lawsuits and other frivolous actions against the Board of Education.”

While the complaint in superior court from the plaintiffs refers to CGS 7-107, Ms Downey says in her letter, “Upon learning of an impending vacancy, the BOE consulted with the town attorney who advised filling the seat ‘as soon as feasible.’ There was no mention of a time limit or risk of the Board of Selectmen intervening.”

Further, she said, “The Democratic BOE members, in concert with their Republican colleagues – or so they thought – adhered to long-established norms by following an open, good faith, collaborative process, accepting applications and subsequently interviewing 6 Republican candidates to fill the seat.”

Greenwich Free Press - Latest News from Greenwich CT

Greenwich Sues Greenwich: First Selectman Camillo vs School Board Democrats

By: greenwichfreepress | December 9, 2024