State FOI Commission Finds October 2024 Greenwich School Board Meeting Was Illegal

GREENWICH, CT — The Connecticut Freedom of Information Commission agreed with a proposed final decision from a hearing officer earlier this month that the Greenwich Board of Education's emergency meeting from Oct. 21, 2024, was not properly noticed, did not constitute an emergency, and that the actions from the meeting are null and void.

The commission met during its regular meeting on Oct. 22 and held a hearing on the matter, and later voted to accept a proposed final decision from commission member and hearing officer, Christopher P. Hankins.

The matter was first heard as a contested case on March 20 and April 14 of this year.

A vacancy on the Greenwich Board of Education opened in July 2024 after Republican Chair Karen Kowalski resigned.

The board planned to appoint a replacement but delayed a vote from Oct. 17, 2024, to Oct. 23, 2024.

When the Board of Selectmen scheduled its own vote for Oct. 22, then Acting Chair Karen Hirsh called an emergency BOE meeting for Oct. 21, during which members voted 4-1 to appoint Republican Jennifer Behette. The following day, the selectmen voted to appoint Republican Paul Cappiali instead.

First Selectman Fred Camillo argued the Oct. 21 meeting was illegal because it was not a valid emergency and was noticed less than 24 hours in advance, calling the BOE’s actions a "power grab." BOE Democrats accused Camillo of trying to interfere in the appointment process.

The selectmen later voted 2-1 to file a complaint with the state Freedom of Information Commission, and Camillo also filed a lawsuit against Hirsh.

In his proposed final decision, Hankins explained he found the meeting notice was stamped received by the Greenwich Town Clerk only nine minutes before the meeting began and ruled the board’s Oct. 21 actions null and void.

Hankins wrote the "respondents' predicament was not an unexpected or unforeseen situation," and that "the respondents had ample opportunity to fill such vacancy during the 94 days preceding the meeting at issue."

"It is found that the respondents' need to hold a meeting on October 21, 2024 to nominate Jen Behette to fill the respondent board's vacant position was not an 'emergency,'" Hankins noted.

"The Freedom of Information Commission unanimously ruled that the Board of Education’s October 21, 2024 meeting was illegal and that the appointment they tried to make that day was null and void. Our attorneys are evaluating next steps," said First Selectman Fred Camillo in an emailed statement to Patch this week.

"I sincerely hope that these members who the commission found violated state law will pledge to abide by that law in the future and avoid putting the town through this unnecessary process again."

It's unclear what the FOIC ruling means for the Greenwich Board of Education's work.

Greenwich Time reported that, according to Russell Blair, the director of education and communications for the CT Freedom of Information Commission, "ramifications of any such nullification are not explicitly addressed" in the Freedom of Information Act.

Read more from Greenwich Time

Patch reached out to Board of Education Chair Karen Hirsh for comment