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ANSONIA — There’s still no official word from the court on who has the power to fill a vacant seat on the Board of Education, but a judge hinted Monday the debate may be moot.
The City of Ansonia, represented by corporation counsel/Republican Party chairman John Marini, has a lawsuit pending in civil court against the Ansonia Board of Education, represented by Joseph McQuaid, an attorney out of Hartford.
Background
The lawsuit stems from a debate that started in 2019, when a member of the school board (Joseph Jeanette) vacated his seat after being elected to the Ansonia Board of Aldermen.
The school board voted to appoint Phil Tripp to fill the vacancy.
However, a few hours later on the same day, the majority of the Board of Aldermen voted to appoint Bobbi Tar to fill the vacancy.
At the time, members of the school board said filling the vacancy was their responsibility.
Mayor David Cassetti’s administration said the Ansonia City Charter says filling the vacancy is the Aldermen’s responsibility.
The city filed a lawsuit in February 2020 asking a court to decide who has the power to fill vacancies on the school board.
In its response to the lawsuit, the Ansonia Board of Education points to a state law from 1893 that made boards of education independent of city hall, including the ability to fill vacancies.
A month prior to the lawsuit’s filing, the city and the board of education cut a deal that saw Beth LaBerge, a “compromise candidate,” be sworn in as a member of the school board (with the understanding the debate over who has the power to fill vacancies would be going to court).
LeBerge
Court Hearing
During a short hearing held online Monday, Judge Arthur Hiller asked why the case was still pending.
“How come you guys can’t figure this out? The politicians won’t find a way out of this? The term will be up already,” Hiller said.
Marini said the city is willing to enter into some type of stipulated agreement with the board of education saying the Aldermen can fill vacancies. McQuaid said another option is for the city to drop the case against the board of education.
“Tell me what you’re doing so I don’t have to send this to legal research and have them write something,” Hiller said.
McQuaid said that although the two lawyers want to see the issue resolved, “you’re right — the term has kind of come and gone. I feel like there is, in candor to the court, it’s possible that this is moot now.“
Judge Hiller continued to ask why the matter was still in court.
“How much do they want to spend out of your teachers’ salaries to keep playing around with this?” Hiller asked. “I don’t mind you guys earning a living, but it doesn’t sound like a good way to spend money.“
Marini said the “instant situation has passed,” referring to the 2019 fight over control that birthed the lawsuit.
“But unfortunately it would seem that, without either a decision of the court or a stipulation entered into mutually by the parties, there is still a lack of clarity as to who would fill vacancies at the board of education,” Marini said.
Hiller indicated the initial dispute is too old.
“But if there’s no issue now, then there’s no need for a decision. Moot is for sure,” Hiller said.
McQuaid, representing the board of education, said the language in the Ansonia City Charter is “not specific enough,” and suggested the city could attempt a charter change to fix it.
“That would eliminate the ambiguity,” McQuaid said.
But Hiller again brought the conversation back to the specific dispute that was underway in 2019.
“But if there’s no fight over a seat anymore — if there’s no person fighting over a seat for whatever is left of the term, then there’s no controversy,” Hiller said.
Ultimately, Hiller opted to ask the two lawyers to see if they can work something out, and to return to court in two months.
The Ansonia power struggle led to a public meeting in December 2019 where both Tripp and Tar took seats during a meeting. During that meeting a lawyer for the school board called police, saying Mayor Casssetti was being disruptive by presiding over the meeting. The Cassetti administration said the mayor was simply doing his job as described in the Ansonia City Charter, and the police took no action.
