Tuesday’s special meeting of the Board of Selectmen followed a dramatic Board of Education emergency meeting the previous day, Monday, scheduled with less than 24 hours notice.
During the brief emergency meeting, the five members in attendance voted 4 to 1 to add Republican Jen Behette the board. The acting chair, Democrat Karen Hirsh explained that six candidates had been interviewed.
The vote to make Ms Behette, a longtime Greenwich Public Schools PTA volunteer who served as PTA president at North Street School served on the Central Middle School leadership team was taken during the brief emergency meeting.
Acting chair Hirsh said the emergency meeting was called to install a new member in time for that person to familiarize themself with the budget before the upcoming important vote at the regular Thursday BOE meeting.
The Board of Education typically has 8 members – four Republicans and four Democrats – but after BOE chair Karen Kowalski resigned in on a Friday afternoon in late July due to an out of town move, there was an open seat for a Republican.
In recent memory, filling a BOE vacancy has not been fraught. In 2021, the Board selected former BOE member Democrat Gaetane Francis to fill the seat vacated by Democrat Megan Olsson who moved out of town. Dr. Francis’ return to the board was a smooth transition.
After the BOE vote on Monday, Board of Selectmen’s convened a special meeting via Zoom with a single agenda item, “Discussion and vote on Board of Education vacancy.”
First Selectman Fred Camillo said criticized the BOE for their emergency meeting.
“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.”
The meeting was not a public hearing, so there were no comments from those in attendance.
On Zoom there were two pages of attendees, including town attorney, BOE members, media, and numerous current and past PTA leaders.
Also present was Ms Behette and one of the other 5 candidates interviewed by the BOE, Paul Cappiali.
Zoom shot of attendees on the Tuesday, Oct 23, 2024 Board of Selectmen special meeting.
Zoom shot of page 2 of attendees on the Tuesday, Oct 23, 2024 Board of Selectmen special meeting.
Camillo said he had consulted the town attorney and that the BOE’s emergency meeting was “illegal.”
“The Democrats have retained counsel. So they are in an adversarial position with the town,” he said.
The lone Democratic member of the 3-person Board of Selectmen, Janet Stone McGuigan said she’d been following the story of the BOE vacancy with sharp interest.
“I’m puzzled why we, the Board of Selectmen, are meeting today,” she said. “When this meeting was posted, the BOE already had a Wednesday meeting scheduled to vote on the vacancy. And the Board of Selectmen knew we had a regular meeting scheduled for this Thursday, to which we could have added this item. I see no compelling reason to meet at this time.”
“More importantly I have not seen any written legal opinion from our town attorney that the Board of Selectmen has standing to vote on a BOE vacancy. I’m concerned that we are conflating our authority to break a deadlocked vote for the chair for the BOE with an authority to fill a vacancy.”
Indeed, there have been multiple incidents of tie votes between the Republican and Democratic members of the BOE, resulting in the decision being kicked over to Republican controlled BOS.
That resulted in the chair position going to Republican Peter Sherr in 2016.
In 2022, after the board was deadlocked, they voted unanimously for Republican Joe Kelly, thereby avoiding sending the decision to the Board of Selectmen.
But, in 2023, following tie votes along party lines between Karen Hirsh and Karen Kowalski, the decision again went to the Republican controlled Board of Selectmen, who selected Kowalski.
“Having closely watched the BOE for many years and talking with many community members very familiar with the BOE – many of whom are lawyers – 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.”
“Since we don’t have compelling evidence in hand that we have the authorization to hold this vote, I will have to abstain from any vote if one is taken today.”
Camillo said he’d had numerous conversations with town counsel and learned there was precedent for the situation.
“There was no compelling reason for an emergency,” he said. “We can’t pick and choose what rules we’re going to follow.”
“The 24-hour notice is something you have to do. I see no reason or basis for an emergency meeting. That’s why I’ve come to the conclusion it was an illegal meeting. And we’re now going to have to be litigating it now, based on the letter the town received just a few moments ago.”
From there Camillo asked for nominations.
Lauren Rabin made a motion to appoint Paul Cappiali.
Town attorney Schellenberg interjected to say that 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 of commission if that vacancy hasn’t been filled in 30 days.
Ms McGuigan repeated that the BOE was a state body, not a town body.
“We’re not following our own process. Whenever we nominate or appoint members to boards and commissions, we interview everybody. I only know four of the six proposed members to the BOE and I only know the names because they’ve been published in the local papers.”
“Even I were to vote for these candidates, I would have to interview all six,” she added. “I’m not sure why we are putting forward any names unless Fred and Lauren, you know all six.”
Camillo said the statute gave him the right, because, he said, “Not only has the will of the voters was subverted. The will of the 3 remaining Republicans was subverted. They are not in agreement on the candidate the Democrats put forward, who could not even commit to voting with the Repubicans, and when asked if she would caucus (with Republicans) she said, ‘I don’t know. Maybe. Probably.’ This is a blatant attempt to gain a majority that was not there at the polls last year.”
“That is why I made the decision to step in here. We have enough on our plate,” he added.
Ms Stone McGuigan asked if Camillo knew all six candidates.
“That misses the point. This was done to subvert the will of the voters. An emergency meeting was called when there was no emergency,” he said. “There is precedent for this. Because it’s going to be litigated in a court of law, we’ll let them decide. I hope in the future this board will get together and work together and agree on cadidates, and not look to see who’s going to gain an advantage for a chairmanship.”
Camillo seconded Cappiali’s nomination.
Ms Stone McGuigan abstained.
Paul Cappiali participated in recent LWV Greenwich debate for State Rep. Oct, 2024 Photo: Leslie Yager
Who is Paul Cappiali?
Many are aware of Mr. Cappiali candidacy for State Representative in the 150th district, challenging Democratic incumbent Steve Meskers.
He is also the town’s harbor master, a position Mr. Camillo nominated him for and the governor approved.
According to a post on Linked In “Paul Cappiali for union President of the United Food & Commercial Workers, Local 2d” his occupation was listed as beverage manufacturing.
In that post, he said, “I have been a salesman since 1993, working in both on-premise and off-premise dedicated divisions. I have been a shop steward since 1998 and member of the negotiation team since 1999. I was born and raised in Connecticut, where I attended public schools from elementary school through high school. While in high school, at the age of 16, I joined my first Union, IBEW Local 3 NY (electrical). I have learned a tremendous amount during my 27-year career in wine and spirit sales.”
At St. Roch’s Church Mr. Cappiali is listed today as in charge of “Ministry to Homebound.”
At St. Roch’s Church, he has also been associated with an annual fundraising raffle that has typically taken place during St. Roch’s feast.
Cappiali’s name also came up after former Greenwich Police captain Mark Kordick was revealed as the person responsible for lawn signs during the October 2019 election campaign season that paired the names Fred Camillo and Donald Trump who obviously were not running as a team in Greenwich.
Kordick sued after being terminated from his job on the police force in 2020, naming the town, First Selectman Camillo, Tesei and others as defendants.
Plaintiff’s exhibits (Plaintiff’s exhibit 34, page 335 and Plaintiff’s exhibit 246, Text exchange between Paul Cappiali and Justin Gonzalez) included text messages from Mr. Cappiali to a person he hired in Texas through an app offering $500 to approach the company, Signs on the Cheap, and claim he worked for the Camillo campaign and needed a copy of the invoice, which turned out to reveal Kordick ordered them.
Kordick’s free speech lawsuit was settled by the town for $650,000 in Sept 2023, and a jury trial was avoided. Legal fees were estimated to have cost Greenwich taxpayers about $1.5 million.
Jen Behette. Contributed photo
Who is Jennifer Behette?
Ms Behette shared a statement with Greenwich Free Press on Wednesday morning.
In its entirety:
“My name is Jennifer Behette and I am a Republican. I have been a Republican since I was 18 years old. The events of the past few days have illustrated loudly and clearly that blind allegiance should supersede high ethical standards and values that I espouse. So before
ANYONE prejudges me and twists my words again, let me tell you who I am – a former public school guidance counselor, a former PTA Board member and ultimately Co-President, a past president of a large and impactful Greenwich non-profit organization, and yes, a Republican. I have always put the needs of the students and the school community before ANY personal agenda. My advocacy has been quite public, speaking before several boards in town, to secure the best for our children, teachers and staff, balancing fiscal responsibility with high quality education. I am not a native of Greenwich, but since my residency here in 2011, I have jumped into volunteering my time to better this community. I offer my resume as proof. The concept of summarily re-voting a new candidate for a position seems suspect. WHY THE VOTE NOW? Why not August, September even the beginning of October? Predetermined? Know that I had gone through every step of the BOE candidate process. Members of the BOE, who derive their duties and responsibilities from the state of CT, voted for me. Apparently, that wasn’t acceptable to some. Imagine my surprise when the First Selectmen said things such as she won’t caucus with the Republicans or vote for a Republican Chair. Those statements are incorrect and a mischaracterization of what I said, not to mention, hearsay. The Chair position should be based on merit, leadership ability, and the time to devote to listening to the needs of the students. Not Quid Pro Quo. I use the term hearsay, because NOT ONE MEMBER of the Board of Selectmen reached out to me. I did not receive one phone call, one interview, a review of my resume, nothing. Mr. Camillo saw no issue with repeating untruths told to him.
He never asked me one question or point of clarification. NOTHING. Mr. Camillo – might I remind you:
I find it so sad and disheartening that the preface given for (Tuesday’s) vote centered around the Republican identity, and NOT the candidate who will best serve the students and the educational community. Shouldn’t that always be the focus? Kids should NEVER be second place to party. No matter what side you are on.
I do hope that there is a resolution to the conflict of authority over this situation. As always, I look forward to serving our community.
– Jennifer Behette
In a statement received Wednesday afternoon, acting BOE chair Karen Hirsh wrote:
“I am disappointed by both the outcome of yesterday’s meeting of the Selectmen and the remarks made by the First Selectman. We do not believe that the actions taken yesterday by the Board of Selectmen were legally sound. The Board of Education met on Monday, October 21st, prior to the actions taken by the Board of Selectmen yesterday, and filled the vacant position, all in accordance with Connecticut statutes. Therefore, we will proceed with our previously scheduled meeting Wednesday night.
The Board of Education followed Board Policy and State Statute and conducted a fair and transparent process to fill our vacancy, meeting with candidates as a group and asking questions based on the roles and responsibilities of board members. In contrast, it seems that some candidates were individually contacted and asked additional questions focused on chairmanship and other topics not seemingly relevant to the role, rather than on what is best for our students and schools.
Unfortunately, this situation is an unnecessary distraction, however the Board will remain focused on the critical task of approving our Capital budget and prioritizing decisions that best serve the educational interests of GPS students, staff, and the community.”
Many questions remain:
What will happen at the already scheduled Wednesday, Oct 23 BOE special meeting, where the agenda indicates one action item, “board vacancy.”
[Here is the link to zoom for the BOE meeting which is Now Oct 23 Any member of the public can join the Wednesday, October 23, 2024 meeting at the designated start time using the meeting specific Zoom link (https://us02web.zoom.us/j/86523855133) OR by dialing 646-558-8656 and entering the meeting specific Meeting ID: (865 2385 5133). ]
Who will be seated at Thursday’s regular BOE business meeting?
Will litigation between the town and the BOE drag on for an extended period of time. What will that cost taxpayers?
See also:
Emergency Greenwich Board of Education Meeting Ushers in 8th Member
Oct 21, 2024
Board of Selectmen Select Kowalski as Board of Education Chair
January 11, 2024
Greenwich Board of Education Chair Resigns Citing Out-of-Town Move
July 21, 2024
Judge’s Memorandum of Decision: What a Reasonable Jury Might Find in Kordick v Greenwich
Dec 5, 2022