BOE Plays Tug-of-War Over Executive Session

A good chunk of the Board of Education meeting Tuesday night was spent behind closed doors. Members went into executive session to talk about choosing a lawyer for a lawsuit filed by two board members against two others plus School Superintendent Anthony Serio.

Though the public is barred from a closed-door session, it nonetheless was treated to a preshow.

Democratic Chair Nick Palladino kicked off the discussion saying the five people involved in the suit -- the three plaintiffs (Palladino is one) and two defendants -- should not attend the executive meeting because of a conflict of interest.

School attorney Mike Luzzi agreed.

"We think being part of the discussion is a conflict of interest," said Luzzi. "It is our recommendation, out of respect to the other board members" and to state statute and the town charter, that those members be excluded from the private session.

That ticked off the plaintiffs, Democratic Board members Tia DePalma and Christine Maisano.

"Excuse me," said DePalma. "That's just a recommendation. I will be there."

Maisano also cried foul. She said it wasn't clear from the agenda that the lawsuit would be discussed, and would have had her attorney, John Williams of New Haven, there.

Luzzi and the DePalma-Maisano team went back and forth, at times heatedly, unable to resolve their disagreement.

DePalma and Maisano sued Palladino, Republican Ron DiNuzzo and Serio claiming they improperly looked at their daughters' attendance records. The men claim the women had the records altered, from recorded absences to presents.

Also at issue Tuesday evening was whether the defendants were acting as part of the Board or independently. If independently, they would have to pay for their own legal representation, as the defendants are doing. The plaintiffs said independently; the defendants' attorney said otherwise.

"The individuals who were sued are not the Board of Education," said Maisano. "These individuals acted independently and not with consent of the Board."

Luzzi countered that the lawsuit is against the Board, not the three individuals.

The East Haven Police Department investigated the case to determine whether it violated state criminal statutes. On June 23, 2010, the department reported it found no violation.

Charles Scalesse, a Republican board member, sided with Luzzi about excluding the five from the executive session. He said it was unethical for those who are suing to be "privy" to the private discussion.

DePalma and Maisano and Luzzi continued to argue when Democratic Board member Laura Kluth pointed out the stalemate was costing the taxpayers.

"The longer they're (lawyers) here, the more we're paying. I can see recusing from voting," said Kluth, apparently trying to strike a compromise. But, she said, the Board members had a right to be in the executive session.

In the end, only Palladino and Serio sat it out. They stood in the hallway while the rest of the Board talked behind closed doors.

"We stepped out because we felt it was the right thing to do," said Palladino. "We have attorneys. They give us advice. Why have attorneys if you don't follow their advice?"

Palladino said he just wanted the matter to end. "It's difficult when people are suing each other. You can have differences of opinion. But this goes above and beyond," he said.

Back in public session, the Board of Ed voted to retain New Haven powerhouse attorney Hugh Keefe for the defense.

"We've always been a tad bit dysfunctional," said Palladino.