By Stephen Janis
The Greenwich Board of Selectmen (BOS) voted to file a Freedom of Information complaint over a controversial move by the Board of Education (BOE) to use an emergency meeting in order to select a new member with less than a quorum of BOE members present.
The impasse over the abrupt appointment which led to two members for one seat on Greenwich’s Board of Education has stoked controversy. It also prompted the special session on Wednesday where the BOS had a heated debate over how to address the brewing crisis.
First Selectman Fred Camillo said the Board had to act to prevent other bodies from using emergency sessions to bypass transparency laws.
“If this board doesn’t address this situation every board would, for political purposes, be able to call a meeting and declare an emergency,” First Selectman Fred Camillo argued.
“We can’t turn a blind eye to this.”
But select-person Janet Stone McGuigan, a Democrat, pushed back. She argued the complaint would do little to defuse the conflict.
“Do we gain anything other than higher legal bills? It’s a protracted process. It’s probably not going to be resolved within a year,” she said.
Benjamin D. Bianco, a lawyer representing the town said the complaint – which would be vetted by the Connecticut Freedom of Information Commission – could be expedited.
“We will be asking the commission to rule before the next meeting of the Board of Education,” he said.
The motion to file the complaint was approved by a 2-1 vote, with Fred Camillo and Lauren Rabin voting yes, and Janet Stone McGuigan voting no.
The conflict started last week when four Democratic members of the eight person body voted to hold an emergency meeting to fill a vacant Republican seat. The complaint would challenge the designation of the meeting as an emergency.
Russel Blair, Director of Education and Communication for the Connecticut Freedom of Information Commission, 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 met the requirements to designate it 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 a Board of Education member to fill the vacancy, who Democrats controlling the BOE have yet to allow to be seated or allow to vote. Now, the BOE has two appointees for one position—a legal standoff that shows no signs of abating.
A controversial meeting and its outcome
The dispute over the vacant seat stems from the controversial move by the Democrats on the BOE 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 at the time strongly criticized by Camillo, who issued a statement last week 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 BOE 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 of Selectman acted on Tuesday.”
He said the conflict arose after Democrats picked a candidate that Republicans opposed. “We were happy to work with any 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, Bianco, who represents 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.”
