Proposed Final Decision Issued In Matter Between Camillo, Greenwich Board Of Education: FOIC

GREENWICH, CT — A hearing officer from the Connecticut Freedom of Information Act Commission has issued a proposed final decision in the saga between First Selectman Fred Camillo and the Greenwich Board of Education that stems from the appointment of a school board member in October 2024 to fill a lengthy vacancy.

In the proposed decision released on Oct. 7, Hearing Officer Christopher P. Hankins said 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 matter was heard as a contested case on March 20 and April 14 of this year. The CT FOI Commission will consider the matter for a final decision at its meeting on Oct. 22 at 2 p.m. in Hartford. Oral arguments and briefs will be allowed at the meeting.

A vacancy on the Greenwich BOE opened up in July 2024 following the resignation of Republican Chair Karen Kowalski.

BOE members had worked in the following months to find a replacement, with six candidates in contention.

The BOE was slated to hold a vote to appoint a replacement on Oct. 17, 2024, but a board member had to leave the meeting abruptly so the vote was pushed to Oct. 23, ahead of a vote on the FY 26 capital budget the following day.

After the Board of Selectmen scheduled a special meeting for Tuesday, Oct. 22, 2024, to discuss and vote on filling the vacancy themselves, an emergency school board meeting was called for the morning of Monday, Oct. 21.

Then BOE Acting Chair Karen Hirsh said at the time the emergency meeting was called to give the appointee more time to review budget documents.

During the emergency meeting, the board voted 4-1 to appoint former educator Jennifer Behette, a Republican. The Board of Selectmen during their special meeting the following day voted to appoint Republican Paul Cappiali, the town's harbormaster.

Camillo contended that the BOE's emergency meeting was illegal, and he argued that it did not constitute an emergency and was not noticed within 24 hours. Therefore, the vote to appoint Behette was invalid, and so was the subsequent meeting to ratify her appointment on Oct. 23, Camillo contended.

Camillo criticized BOE Democrats for choosing that particular candidate, calling it a "power grab" and an attempt to gain a Democratic chairmanship on the board.

BOE Democrats issued a joint statement following the appointment of Cappiali, asking, "Why did the First Selectman attempt to illegally insert himself in board vacancy election process, contrary to state statute, the Greenwich Town Charter and historical precedent?

The school board officials said "it appears to be a simple power grab."

School board bylaws note that filling vacancies is governed by state laws, such as 7-107. The statute says the selectmen can appoint a qualified person to fill a vacancy if that board fails to do so within 30 days.

In late October 2024, the Board of Selectmen voted 2-1 (Selectperson Janet Stone McGuigan voted against) to file a complaint with the Connecticut Freedom of Information Commission challenging the legality of the school board's emergency meeting on Oct. 21 and special meeting on Oct. 23.

Camillo also filed a lawsuit against Hirsh.

In his proposed final decision, Hankins noted the BOE clerk filed with the Greenwich Town Clerk a public notice of a remote emergency meeting to be held 42 minutes later that same day, Oct. 21, 2024, at 11:30 a.m.

The Greenwich Town Clerk stamped the notice as received at 11:21 a.m., nine minutes before the meeting was scheduled to convene, Hankins said.

"Because the nature of such action was to appoint a public representative to serve on the respondent board pending the outcome of the next election, and because the respondents provided public notice less than one hour before convening the meeting at issue, it is found that the respondents deprived the public of access to the appointment of an official, who, if not for Ms. Kowalski's mid-term resignation, would otherwise have been elected to serve by the public," Hankins wrote.

Hankins added 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.

"Considering the aforementioned nature of the particular violation, the harm demonstrated, the circumstances surrounding the violations, and the effect of a null and void order, the actions taken by respondents only at their Oct 21, 2024 meeting are hereby declared null and void," Hankins wrote.

In a footnote, Hankins explained that the FOI Commission does not have jurisdiction over the issue of whether the Board of Selectmen exceeded its authority under state law by noticing a meeting to appoint a person of its choosing to fill the vacancy on the respondent board.

"However, the Commission does have jurisdiction over whether the respondents' proffered reasoning for calling an emergency meeting that dispenses with the FOI Act's special meeting notice requirements is indeed a true 'emergency,'" Hankins said.

Hirsh issued a statement to Patch following the release of the proposed decision.

"The recent proposed ruling from the Freedom of Information Commission — nearly a year in the making — has resolved none of the substantive issues at hand. It simply clarifies that this complaint was filed by a person, Fred Camillo, and not by the Town of Greenwich, and that it was filed against the Board of Education as a whole agency, not against individual members," Hirsh said in her emailed statement.

"Importantly, this draft ruling does not address the legality of any appointment or the actions of either Board. It only determines whether the FOIC deemed the BOE’s 10/21 meeting to qualify as an 'emergency' based on its definition."

Hirsh went on to say the Greenwich Board of Education remains focused on its core mission of educating and supporting our students and staff.

The proposed decision noted that Camillo named the Town of Greenwich as a co-complainant, however, a town is not a proper complainant under the general statutes, Hankins explained.

Additionally, Camillo named BOE members Hirsh, Laura Kostin, Sophie Kevin and Kathleen Stowe as respondents. But the FOI Commission designated the appeal as against the Chairman of the BOE and the Board of Education. The other board members were removed as respondents.

"Contrary to the statements made by Ms. Hirsh, the proposed ruling from the Freedom of Information Commission once confirmed, will void the appointment of Ms. Behette to the Board of Education and so likely every vote or action taken by her during the course of her illegal tenure," Camillo told Patch via an emailed statement.

"Due to the bad faith exhibited by the Democratic leadership of the Board of Education last October in calling an illegal emergency meeting as was expressly found by the FOIC hearing officer, Ms. Behette’s work over the past year will likely have been for naught and so perhaps much of the work of the BOE called into legal question," Camillo added. "If these members truly wish to help fulfill their educational mission, then going forward they will learn from their flaunting of the Freedom of Information Act for the sake of a political power grab and heed its mandate for transparent government."

Greenwich Democratic Town Committee Chair Christina Downey also issued an emailed statement regarding the proposed decision.

"It never makes sense to sue ourselves. Instead of focusing on what’s best for our town, Mr. Camillo quickly ran to the Freedom of Information Commission in Hartford and the Stamford Superior Court. He could have saved taxpayers hundreds of thousands of dollars by not attacking the volunteers serving on the Board of Education (BOE). And the legal offensive continues, a final official decision has yet to be rendered, with more briefs and oral argument, and legal bills, to come," Downey said.

"None of this has helped our students, our town’s wider reputation as a world class place for families to call home, or the need to dial down the political temperature in town," Downey added.