Ralph Iassogna Responds

Tim, 

I think it is premature to anticipate the Board of Education contemplating legal action against the Town. As you are well aware, the Board can only discuss issues such as this in a designated meeting. Our Thursday, April 28 session is the first opportunity the Board will have to receive input from its attorney on this issue.

With regard to your specific request, I do not, as yet, have the bill for services rendered from Attorney Thomas Mooney and cannot estimate his fee, since I do not know the amount of time he has spent on various items (i.e. legal opinion, meeting preparation), nor how long the Board will need his services. His hourly billable rate is, I believe, approximately $400 and the account from which he will be paid is Regular Legal Services #01902310-53308. This same account is used for Attorney Floyd Dugas and all Board non-special education legal matters.

With regard to the aforementioned need for an “outside” attorney, I know you can appreciate our dilemma. Despite receiving an opinion letter from noted and highly skilled educational Attorney Mooney, as well as an opinion statement from Patrice McCarthy, Deputy Director and General Counsel of the Connecticut Association of Boards of Education (CABE), and further reinforced by the Connecticut State Department of Education’s Legal Affairs Office, the Town took control of the BOE medical insurance increase of $1,074,000 and placed these monies in a separate Town line item account.

As discussed with you, this should not have occurred, violated Connecticut State Statute, usurped the Board’s statutory authority, and was unnecessary, since the BOE already had agreed to set up a joint Town/Board committee to pursue this initiative. 

Of further significance with regard to the need for an outside attorney, I am sure you will recall that this move was necessitated by your refusal to waive a perceived conflict of interest with Attorney Dugas, whose firm represents both the Town and BOE with respect to labor matters. 

Furthermore, unless I am directed differently by my Board of Education, I cannot provide you with “any and all legal memoranda, case law or statutory references concerning these issues.” Not only has this been the past practice and procedure of previous Boards of Education in maintaining their statutory integrity, it has been debatable whether you are an ex-parte member of the Board of Education and if so, what that title includes in terms of general rights. This point is particularly applicable in this instance, given your dual roles as First Selectman and (arguably) an ex-parte member of the BOE. 

Finally, and of primary importance, due to this pending conflict and potential litigation, it would be inappropriate for you to have access to the information requested.  In fact, given this conflict of interest, it has been suggested that you would have to recuse yourself from this issue.

Please do not misconstrue my response as antagonistic or uncooperative.  As Superintendent of Schools, one of my primary responsibilities is to protect the interests of the Trumbull Board of Education.  Please receive this response to your email in that context.

Thank you.

Ralph

Office of the Superintendent

Trumbull Public Schools

6254 Main Street

Trumbull, CT  06611

(203) 452-4301

superofc@trumbullps.org