BOE lawsuit against selectmen still on hold after six months

WINSTED — A lawsuit filed by the Winchester Board of Education against the Board of Selectmen continues to be on hold right before the municipal elections.On May 2, the Board of Education filed the lawsuit against the selectmen in Superior Court in Litchfield for cutting $2,820,561 from the school district’s budget.The cut put funding for the school year 2011-12 approximately $1,449,466 below the Minimum Budget Requirement (MBR) set by the state.Since the filing, which was made under previous Board of Education Chairman Kathleen O’Brien and now retired Superintendent of Schools Blaise Salerno, both boards have met with state representatives in Hartford about the MBR.On July 22, Board of Selectmen and Town Attorney Kevin Nelligan made a motion to dismiss the lawsuit. There has been no movement in the case since then.Current Superintendent of Schools Thomas Danehy said the Board of Education is waiting to hear if the State Department of Education will take action against the town for their lack of compliance of the MBR.According to Danehy, the State Board of Education voted to initiate a Connecticut General Statutes 10-4b enforcement against the town on Oct. 6.“A hearing is likely to take place in early December,” Danehy said. “In light of the state’s decision to file a 10-4b compliance complaint, the lawsuit is in abeyance, since there is an administrative remedy being offered by the state.”Danehy said that if it does not provide a remedy, the Board of Education reserves the right to pursue the lawsuit.As for the cost of the lawsuit, Danehy said the board has spent approximately $7,000 in legal fees.“The fees were spent via the drafting and filing of the complaint, which was incurred during the 2010-11 fiscal year. They are related to pleadings and filings, and the attendance at a status conference at the courthouse in July,” Danehy said. “Since the motion to dismiss was filed, and since the town attorney and our attorney have agreed not to incur unnecessary expenses in light of the ongoing state MBR process, little expense has been incurred.”As for the cost of the lawsuit to the Board of Selectmen, Town Manager Dale Martin said that Town Attorney Kevin Nelligan does not bill the town separately for cases. Therefore, Martin said he could not produce an estimation of legal fees the town has accumulated in defending itself.In a review of emails written by Board of Education members, the Winsted Journal — pursuant to its Freedom of Information (FOI) request — found that current Board of Education Chairman Susan Hoffnagle wrote on Aug. 1 to board member Christine Royer that the board may not be able to afford to pursue the lawsuit.“Board attorney Mark Sommaruga is not aggressively pursuing the lawsuit because he doesn’t think we can afford it,” Hoffnagle wrote in her email. “But he will if we tell him to do so. The state is waffling, and I have no confidence that they will push the town to fund the MBR. If we don’t get on speaking terms with the Board of Selectmen, not only will we have only $18,600,000, but someone suggested that they can get the ECS funds and hold onto them until the end of the year rather than turn them over right away.”Hoffnagle was also skeptical in an email written on Aug. 4 to board member Mari-Ellen Pratt Valyo.“No matter how much we think we can ‘settle’ this, Mayor Candy Perez believes Marsh Sterling and James Roberts have so much money that they will hire a lawyer to fight this,” Hoffnagle wrote in her email. “Perez assumes that a judge will ultimately decide. Our lawyer is hoping that we don’t push a lawsuit. It’s too expensive, and it takes too long.”

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