School Board Votes to Continue Appeal on Budget Lawsuit

The Woonsocket School Committee voted to continue their appeal of the Superior Court ruling regarding a budget deficit from 2010-2011 school year Wednesday night, with Committee Chair Marc Dubois casting the deciding vote.

The lawsuit stems from a deficit projected by the department on a budget submitted to city for the school year which ended in June. Under a court order sought by Mayor Leo Fontaine, the department was forced to balance their spending through cuts to school programs and services, and have challenged the ruling in the state's Supreme Court. 

The City Council pressured members to drop their appeal early this month, with a resolution stating that "unnecessary legal action against the city may reflect negatively in the city's annual audit."

The city has paid Attorney Daniel Kinder around $40,000 to represent them so far in the suit and co-counsel Joseph Larissa has received around $22,000. The auditors, who were hired to examine the education department's books after the committee turned in a budget in which expenditures exceeded revenues, were paid around $12,000.

"We're not even talking about the time cost for myself, the mayor and others," said Finance Director Thomas Bruce. "A budget must be balanced. It's an accepted principal in state law."

Dubois, who will be taking his place on the City Council in early December, found himself seated literally and figuratively between two vocal and opposite opinions for his final meeting with the committee. Committeewomen Anita McGuire-Forcier and Vimala Phongsavanh spoke in favor of dropping the litigation.

"We were able to balance our budget. It's costing us money and it's also costing the city money," said McGuire-Forcier.

"What I've learned in reading about Carulo actions is that the only way you're really going to be successful in suing the city is if you do [one]," she added, in reference to the law that allows school committees and superintendents to seek additional appropriations from the city or town council if they can demonstrate to the supreme court the inability to run the school department with the balance budget appropriated for a fiscal year.

"I think now, more than ever, it's important that we work with the City Council because our city is going to face a lot of tough decisions in the next few years and if we keep fighting within the city between the different branches of government, I don't think we can get anything done," said Phongsavanh.

Committeewomen Linda Majewski and Eleanor Nadeau argued for following through with the suit.    

"I'm in favor of continuing the litigation against the City of Woonsocket," said Nadeau. "It doesn't cost us anything on the school department end because Mr. Ackerman is on salary. From the recent speculations, we could be headed for receivership in the future, so I don't think it could get any worse than it is now."

"There are some fundamental legal questions that need to be answered relative to funding and how municipalities fund schools," said Majewski. "Our children went without. With our bills not being paid for ten months, we lost contracts. The questions need to be put forth on the table and if the courts choose to dismiss it, than that's the court's decision to dismiss it, but we will have taken the issue to the forefront for people to consider."

One major question at hand is if the department must reduce their budget even if the funds allotted to them by the city are not enough to adequately meet the state's basic education requirements.

"If this lawsuit goes forward, do you agree that it would set a precedent?" Dubois asked the department's attorney, Richard Ackerman.

"If the court were to handle the substantive issues that are presented, it would," answered Ackerman. "I think everybody accepts the fact that the issues are significant." The courts, however, the attorney explained, have given no indication that they are willing to address those issues at this time or through the WED's challenge.

Dubois pointed out that the committee was only able to balance the budget through stimulus funds.

"We have two people that don't want to go forward and two people that do want to go forward on this," he said. "I'm leaving the School Committee for a spot on the City Council, but as of right now, I'm a sitting School Committee member. People elected me here to do what's best for the students of Woonsocket. At this time, I will support that we not withdraw the lawsuit."

Newly elected committee members Christopher Roberts and John Donlon sat in on the meeting but do not yet have the authority to vote.

"As a new School Committee member, I feel I have research to do on this before I form an opinion," said Roberts of the committee's decision. "I feel they left the door open to dismiss it at a future date."

The committee's dynamic is expected to change significantly when Donlon and Roberts take their seats. Donlon has a to Dubois, his friend and campaign partner, and could have a similar approach to issues as the outgoing chair. Roberts, meanwhile campaigned with Fontaine and McGuire-Forcier and may tip the scales in favor of policy supported by the her and Phongsavanh.

Bruce also pointed out that McGuire-Forcier could become the new chair of the board.

"There will be finally be some synchronized and coordinated support, which we're grateful for" Bruce said of the new group, who will hold their first meeting next month.