By Stephen Janis
An impasse over the controversial appointment of two members to one seat on Greenwich’s Board of Education is prompting push back from town hall.
First Selectman Fred Camillo told The Sentinel he was contemplating a Board of Selectman (BOS) vote to challenge the legality of the appointment of a new Board of Education (BOE) member. The appointment, which was made by four Democrats, occurred last week during a meeting that the four called as an emergency meeting, potentially violating state law.
“The Board of Selectmen will discuss the possible vote on filing a complaint with the Freedom of Information Commission to challenge the legality of the Greenwich Board of Education meeting on October 21st, it’s subsequent meeting on October 23rd and other related actions by the BOE,” Camillo said in a written statement (Camilo’s statement can be found here: First Selectman Statement on BOE).
The controversial move by the four Democratic members of the eight person body to hold an emergency meeting to fill a vacant Republican seat had already been called improper by First Selectman Camillo. It’s also been deemed a possible violation of state law governing how public bodies operate.
Russel Blair, Director of Education and Communication for the Connecticut Freedom of Information Commission where the complaint would be vetted, says his agency has the power to nullify the appointment if it deems the emergency meeting was in violation of state law.
“If someone were to bring a complaint, that would be a possible remedy.”
The commission’s ruling would hinge upon if the October 21st meeting was actually an emergency. Blair said based on the details it seems unlikely the session in question fits the definition.
“The law says it has to be unexpected and demands immediate action. If you break down the basics, I don’t think that was an emergency.”
Meanwhile, the town’s Board of Selectmen has appointed its own nominee, who has yet to be seated or allowed to vote. Now, the board has two appointees for one position—a legal standoff that shows no signs of abating.
A controversial meeting and it’s outcome
The dispute over the vacant seat stems from the controversial move by the Democrats on the board to nominate a new Republican member during what they deemed an emergency meeting on October 21st.
The evenly split eight-member board, composed of four members from each party, had been unable to agree on a nominee after Karen Kowalski, the former chair, resigned in July.
Last week, the four Democrats convened the alleged emergency meeting to nominate and confirm Jennifer Behette, a Republican. The following day, Camillo held a previously scheduled meeting with the Board of Selectmen. They subsequently appointed Paul Cappiali to the Board.
The Democrats’ move was strongly criticized by First Selectman Camillo, who issued a statement characterizing it as a “power grab.”
“A recent email sent out by the Greenwich Democratic Town Committee was so outrageous and misleading that I am compelled to put out a statement to set the record straight,” Camillo wrote.
Camillo explained that, since the board was unable to agree on a new Republican member within 30 days, he was legally empowered to appoint one. However, he opted to allow the board to decide.
“I expressly told members of both parties on the BOE that I preferred they resolve it themselves and still held out hope, three months later, that there would be a compromise. Sadly, that did not happen.”
A fellow board member concurred that the BOE had plenty of time to compromise.
Republican Michael-Joseph Mercanti-Anthony said the board had options to pick a new member prior to the emergency meeting.
“No, it wasn’t an emergency, there was still time to compromise before the Board for Selectman acted on Tuesday.”
He said the conflict arose after Democrats picked a candidate that Republicans opposed.
“We were happy to work with five of the six candidates. They picked the one we didn’t want,” he said adding, “She (Jennifer Behette) would not commit to caucusing with us and supporting a Republican for chair.”
Behette could not be reached for comment.
The Democrat caucus pushed back, issuing a statement alleging the Board of Selectmen’s appointment violates the town’s charter.
“The board has not been contacted by anyone from the Board of Selectman seeking resolution” the statement says.
“We continue to be surprised that to our knowledge, the BOS, for the first time in town history has attempted to appoint someone to an elected body seemingly in violation of the town charter.”
A legal battle with dueling theories
The conflict has also spurred legal wrangling.
Emails obtained by The Sentinel reveal a pointed back and forth between a lawyer hired by the Democratic board members and legal counsel for the town.
Michelle Laubin, an attorney representing the Democrats, stipulated that the appointment of Behette on October 21st was legal. “Given that the vacancy has been filled by the action of the Board of Education taken at their meeting on October 21, 2024, there is currently no vacancy on the Board of Education for you to fill through an appointment made by the Board of Selectmen,” she wrote.
However, Benjamin D. Bianco, a lawyer representing the town, argued that engaging Laubin to represent the BOE was not within the board’s purview, and was thus illegitimate. “You purport to have been engaged by the Greenwich Board of Education, but no authority exists for any such unilateral, case-specific retention of counsel. The Town, therefore, considers your representation of the BOE, as an entity, to be null and void,” Bianco wrote.
A former board member offers to intervene
Behind the scenes a former board member says he has been working to resolve the stand-off. Joe Kelly argues the conflict consuming the eight-member body must end.
Kelly, who served as chair for four years, told The Sentinel he is offering himself as a peacemaker to serve as an interim member, and possibly chair, until the dispute can be settled.
“I put my name forward because I thought this disagreement might take place, and I gave them an easy, obvious choice—me—as someone who would negotiate and compromise,” Kelly said.
Former chair Kelly said his offer was based on concerns that, if the dispute continues, it will impede the board’s ability to function. He also pointed to his track record of working effectively with both parties as justification for his appointment.
“When I got elected to the board five years ago, the BOE was known as one of the most dysfunctional boards in Greenwich,” he said. “After four years of hard work, the BOE was recognized as the most functional and collegial.”
“I am extremely disappointed that the board is in disarray.”
