By Stephen Janis
A complaint filed with the Connecticut Freedom of Information Commission by the town of Greenwich alleges that Democratic members of the Board of Education (BOE) and Acting BOE Chair Karen Hirsh convened an improper emergency meeting with less than one hour’s notice and submitted minutes that did not accurately reflect what occurred during the disputed meeting last month.
The document, obtained by the Sentinel, was filed in response to an emergency meeting on October 21 held by Democratic members to appoint a new board member, Jennifer Behette—a move Republicans opposed.
According to the complaint, “At approximately 10:45 a.m., Ms. Hirsh issued a notice for a purported ‘emergency meeting’ of the BOE at 6:30 p.m. that evening, the purpose of which was to ‘act upon the filling of a Board vacancy.’ Exhibit E (BOE Meeting Notices and transmittal e-mails). A few minutes later, at approximately 10:48 a.m., Ms. Hirsh issued a modified notice for a purported ‘emergency meeting’ of the BOE at 11:30 a.m. that morning, i.e., on forty-two (42) minutes’ notice, for the same purpose.”
All four of the Democrats on the BOE attended the October 21 meeting. Only one Republican member was able to attend.
The action was labeled a power grab by First Selectman Fred Camillo.
The Board of Selectmen appointed Paul Cappiali at their regularly scheduled, properly noticed meeting on October 22. Cappiali was subsequently sworn into office and certified to the Secretary of the State of Connecticut by the Town Clerk of Greenwich. Democratic members of the Board of Education have refused to recognize Cappiali.
The complaint follows weeks of legal wrangling over the competing appointments.
Democrats justified calling an emergency meeting by arguing that the upcoming budget process required selecting a new member immediately.
Republicans countered that the meeting was not an emergency, noting that the board had months to install a new member after Karen Kowalski, the former chair and a Republican member, resigned in July.
The impasse has left the Board of Education in legal limbo for weeks, with two competing board members and no resolution in sight.
Along with the complaint, the Commission released its decision to deny the town’s request for an expedited ruling. The town had argued for a speedy decision due to the board’s ongoing commitments.
“Until the Commission decides this matter, the Town and the BOE risk having to unwind all business conducted by the BOE from October 21, 2024, through the date of any Commission decision,” the complaint states.
The Commission said the town could appeal the ruling, which the Sentinel has learned it plans to do.
New Details and Allegations
The complaint outlines in detail how maneuvering by Democratic members might run afoul of the state’s Freedom of Information laws.
Among the issues raised is their justification for an emergency meeting.
The Democrats deemed the meeting an emergency, arguing that the eight-member body should be fully staffed before the upcoming school capital and operating budget process begins.
The lawyer representing the town, Benjamin Bianco, countered that their justification did not meet the requirements of the law governing public meetings.
Connecticut’s Freedom of Information Act requires 24-hour notice before a meeting of any public body. To call an emergency meeting, “the situation must be unexpected, and it must demand immediate action,” the law states.
Bianco wrote that since the board had three months to make the appointment, it did not fulfill that requirement. Furthermore, he argued that since the budget process is planned well in advance, the upcoming meetings to approve it did not constitute an emergency.
He also raised concerns that allowing any public body to convene an emergency meeting under questionable circumstances could prompt other boards to use the same justification.
“If this excuse is ultimately endorsed by the Commission, it is hard to imagine what reasoning—whether purely political or otherwise—would not then satisfy the emergency provision.”
Inaccurate Minutes?
The complaint also raises a more troubling allegation: that the minutes filed by the BOE did not accurately reflect what was said during the October 21 meeting.
The minutes posted on the town’s website include a statement that the board had to call an emergency meeting because the Board of Selectmen had scheduled a meeting to make their own appointment the following day.
However, the complaint alleges that this comment was not made during the meeting—which was posted on YouTube.
“The minutes were accepted by a BOE vote on October 23, 2024, over the objection of Mr. Mercanti-Anthony and Ms. Walsh due to the inaccuracies in the posted minutes versus the reality of the video recording,” the complaint states.
The complaint also questions a subsequent October 24 meeting by the board when the four Democratic members voted to confirm the appointment of Behette made on October 21.
“At this meeting, which was attended only by the BOE Member Respondents and Ms. Behette, the BOE Member Respondents voted to ratify the appointment for Ms. Behette,” the complaint states.
“Ms. Behette was directed to abstain from voting for the ratification. To the extent that Ms. Behette was not a proper BOE member prior to this meeting, no quorum was present and, thus, no BOE vote could be valid.”
The Sentinel asked all four Democratic members of the board for comment.
Chair Karen Hirsh said her members were focused on the budget process.
“The Board of Education remains focused and committed to its primary responsibilities: addressing the needs of our students and staff, advancing the work of the Board, and finalizing the FY 25-26 operating budget,” Hirsh said in an email.
“Regarding the recent complaint filed by Fred Camillo and the Board of Selectmen with the Freedom of Information Commission, the Board will not provide comment or opinions on any ongoing legal matters at this time other than to say that it is up to the Commission to determine whether the meeting violated FOIC notice requirements.”
Remedies and Relief
The town is asking the board to provide several remedies if it decides the meeting was not in fact an emergency under the definition of the law.
Among them, to immediately nullify and overturn the appointment of Behette while the Commission investigates the legality of the emergency justification.
The complaint also asks the board to rule that the emergency meeting violated the state’s Freedom of Information law and seeks to nullify any actions taken by the board after Behette’s appointment.
Finally, the complaint asks the Commission to direct the BOE to file minutes that accurately reflect what was discussed during the meeting.
Read the complaint here https://dehayf5mhw1h7.cloudfront.net/wp-content/uploads/sites/1491/2024/11/18200039/2024-0653-complaint.pdf
