Concord School District Is Burning Through Its FY20 Legal Funding

CONCORD, NH — While the Concord School District is in the midst of upheaval, due to a teacher-student rape case and credentialing issues, the district and board of education are receiving a lot of legal services to navigate through these crises. So much so that the board and district have spent nearly as much in the first three months of the fiscal 2020 year on legal services that is has the two previous years.

Between July 1 and Sept. 30, the Concord School District has made more than $90,000 in payments for legal services. The previous fiscal year, FY19, the district spent nearly $94,000. The year before that, FY 18, it spent nearly $85,000 on legal services.

"This is what it has to be this year," said Tom Croteau, a District A school board member. "Hopefully, it will never be this way again. But that's what it is (today)."

Edward Kaplan, of Sulloway & Hollis, is the district's main attorney, and has been for many years. According to the district, the firm has been paid a little more than $34,000 so far this year. That compares with around $40,000 for both FY18 and FY19.

Croteau said none of the money the district had spent, so far, on legal services, were funds that didn't have to be spent. The district, he admitted, will end up spending more money this year that prior years. Officials "all knew that it was coming" but, Croteau added, "the unfortunate part of the world right now is to have legal advice so that we don't get into more legal trouble down road."

To tackle the internal investigation of the Primo "Howie" Leung teacher-student rape case, how the district handled the most recent allegations of inappropriate behavior that led to his arrest months later, as well as the suspension of Ana Goble, a student who suspended for raising issues about the teacher in 2014, the board hired Stephen Bennett of Wadleigh, Starr & Peters, to assist them. The district already had a relationship with Wadleigh, Starr & Peters since Robin Melone, who works for the firm, had handled a number of cases for the district, including a sexual harassment case involving employees earlier this year.

Since the district was already doing work with Melone, she was hired to handle the investigation and started making calls to members of the community about being hired. A contract with Melone, however, hadn't been solidified when officials realized she had also represented Owen Labrie, the St. Paul's School statutory rapist, during an appeal of his felony computer sex crime charge, and pulled the offer.

Bennett then subcontracted a private investigator, Djuna Perkins, a former Boston prosecutor.

Attorneys at Wadleigh, Starr & Peters have been paid $27,213.42 in the first three months of the fiscal year. That's more than twice the firm was paid last year (around $12,600) and nearly seven times what it earned two years ago (around $4,800).

Bennett has billed the district $13,491.52 to advise the board about the internal investigation.

Croteau said that the district had reserves and contingencies it can tap into which is often used to fix a leaky roof, a large-than-expected kindergarten class, or snow removal costs, if needed. These funds could be used to offset any extra legal costs, he said.

The district also has property and liability insurance, through Primex, to cover costs like the $15,000 settlement made to Gobel or any other future issues. According to Jack Dunn, the business administrator for the district, SAU 8 has budgeted $230,373 to pay for Primex's insurance coverage for property, liability, and auto.

"This amount changes annually," he said in an email.

ALSO READ:

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• Concord City Council Issues Statement About Leung Case, Schools
• Former Rundlett Assistant Principal Not Credentialed For 12 Years
• Leung Report Release Could Be Embarrassing, Humiliating: Attorney
• Parents To Concord School Board: Fire Assistant Superintendent
• Mom Accuses Concord Teacher Of Trying To Groom Daughter In 2011
• Concord School District To Conduct Full Staff Credentialing Audit
• Second Concord School Employee Found Not To Be Credentialed
• Credentialing Of Concord's Acting School Super Could Take Months
• Concord Police Chief Says He'd Like To See School Investigation
• Acting Concord School Superintendent Not Credentialed With NH DOE
• Concord Superintendent Forsten, Principal Sica Placed On Leave
• Concord Board Of Education Considering Personnel 'Next Steps'
• Concord Board Of Education Members Eyeing Investigative Report
• Parents, Students Vent About Issues With Concord School District
• Concord School Board To Update Public About Investigation Tuesday
• Concord School Superintendent: Letter To Staff 'A Serious Error'
• Petition To Remove Officials From Concord Schools Cracks 2,000
• Concord School Board Holds Emergency Meeting Sunday With Counsel
• Online Petition Launched To Have Concord School Officials Removed
• Concord Superintendent Lashes Out At Media Coverage Of District
• Concord School Board To Revise 'Professional Expectations' Policy
• Concord High School Principal Takes A Leave Of Absence
• Labrie's Former Counsel Not Hired To Probe Teacher Rape Case
• Concord School Board Opens New Investigation Into Leung Rape Case
• How A Distinguished Concord Teacher Became A Student Rape Suspect
• Students Saw Concord Teacher Kiss, Hug Another Student: Docs
• Should The Concord School District Have Responded Faster To Case?
• NH Teacher Held Without Bail After Bay State Arraignment
• Concord Teacher Accused Of Raping Student In Newton, MA
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