As expected, the CCT reported this afternoon that the Attorney General has rejected the School Committee's request for review of their current contractual conundrum because it happened prior to the enactment of the revised Open Meeting Laws which transferred responsibilities from the local DA's office to the State AG's office. Just for good measure, the AG's Office also added: “Moreover, in situations where this is the possibility of litigation resulting from a public body’s actions, our office will not issue advisory opinions.”
The Chairperson of the School Committee also cancelled tonight's scheduled discussions between the Committee, the Superintendent, and their respective counsels because it would be " a waste of time".
It would appear that the decision to cancel that meeting was done without a vote of the Committee, as no committee meeting could have been held over the holiday weekend. While this may be within the Chair's prerogative, I can't imagine breaking off talks and pushing the Town further down that very expensive road to Litigation without at least getting a consensus of the Committee.
The Committee will, however, still be holding its scheduled Public budget workshop tonight at 7 PM. It is unknown if the meeting will be televised -- but Linehan & Co. did make much noise about allowing the public to speak at this meeting -- so there will apparently be a Public Forum scheduled.
I would hope that tonight's meeting includes a serious discussion about budgeted legal costs and a reserve for legal settlements. I think we are going to need it!
22 comments:
Hi Bob,
You last sentence has me wondering.....where DO the legal costs come from? Does each side (committee and superintendent) have their fees come from the school budget or town budget? Do they have town counsel representing them?
That's the $64 question!
The Town does have litigation insurance but it also has other pending lawsuits. I have no idea what the limits of the policy are.
I am not a lawyer, and I never played one on TV (My law degree comes from the University of Google!) -- but there may also be an issue with the fact that the Committee proceeded forward on a path that seemed clearly contrary to law -- and did not make any effort to mitigate their potential damages.
The School Budget does contain some legal money -- but given how long contract negotiations are going on, and the pending Minkoff suit, and now the potential Johnson suit, and the possible cost of contracting with a new Superintendent -- I can see the hole getting deeper and deeper fast!
I would think it would have to affect the Town budget. It will certainly affect the Town's insurance rates.
The Supt will probably use her personal counsel, but when she wins, presumably the School Committee will end up eating her legal fees as well as those of School Counsel -- along with whatever the settlement amount may be.
It’s certainly interesting to read how the newspapers characterize Mr. Emerson’s counsel.
I find it hard to believe that his advice to the Chair and the Committee is as confrontational as it appears. I can’t recall ever hearing any attorney say to a client contemplating legal action: “let’s not talk with the opposing side” “there nothing else to learn or teach”
I also can’t understand why somebody (including Mr. Emerson) wouldn’t be searching for the compromise position, the middle ground.
The extremes in All or Nothing cases are usually very expensive for somebody. There also very lucrative for attorneys (win or lose). Somebody would do well to check Mr. Emerson’s billable hours. I suspect he’s having a record year at Sandwich taxpayer expense.
The letter from the AG's office was dated 9/2. I had previously stated that the letter was not discussed at a 9/4 meeting --- my error since the meeting was actually on 9/1.
I have corrected the post and my calendar.
Las Vegas bet, they have had a plan all along and that is to hire Peter Cannone's professional search committee (he will underbid the other prof. committees to get the contract) hire a puppet super to take control and do whatever SEA Union, Sherry & Co.and Community School gangs want. Sherry succeeds in returning our school systems to the way it has always been run for everyone else but our children. It wasn't about the kids for 20 years. Dr. Johnson made too many ways with the old status quo groups and got fired, that's public education and the unions killing off quality.
Big Damage awards, but why would they care, they don't have a full brain amongst them to understand the financial consequences to our town. Their arrogance or stupidness is amazing!
The Truth Maker along with countless Sandwich Citizens have been saying right along that the actions taken by the Union led School Committee did not have a clue in what they are doing.
This degree, In my opinion, will most likely place this majority brain damaged group into a further delemna. No question, the lawyers working this case will get a little richer every day and our reserve funding will get a little less. This continiued process will undoubtly have a continued negative affect on how the Sandwich school district gets to function going forward.
Perhaps the four Union Led committee members should take a ride ontop of the melting iceberg and slide of into the cold water they have created from all this hot air and refresh their resolve to back down from this unwinnable stance they have taken and allow common sense to take over.
Public education here in Sandwich has taken too many steps backward as a result of there actions and we still have not even begun to work on the School budget, My oh My, what webs we weave when we attempt to decieve.
It is time that every taxpayer make a call to the Board of Selectman and plead with them to get involved even though it is not of there judicial empowerment. This game of charades, needs to end and the sooner the better for the whole town.
The roller coaster ride this School Committee is putting the people of Sandwich through is amazing. It will effect everything going forward, not just the schools. Our reputation as being a poorly run town becomes more and more cemented with each passing day this serious issue in the schools is not resolved. Then of course you have the fact that with the exception of the superintendant and her administrators, there is no one taking care of business, getting ready for the financial crunch, developing a strategy, etc. I agree with Bob Guerin, it seems like the SC is getting bad legal advise, but that seemed obvious with the first fiasco resulting from the Town Clerk's letter of inquiry to the DA. It has been a fiasco ever since. There was hope about the prospect of last night's meeting, now dashed again. It is very discouraging. It is so easy for the SC to spend the taxpayers money. I too wonder what kind of legal bills we are racking up.
Anon 9:04
Just because a meeting was scheduled and than cancelled what led you or anyone to believe that the meeting would have had any results. The sc is not the only one spending our tax dollars.The super is also spending them
11:17 --
Good thinking. I am sure cancelling the meeting will be a big help to negotiations -- stonewalling has worked great so far!
The Committee is allowing the legal costs to run wild -- the longer they delay the bigger the bills.
How many settlement chances are they going to blow?
Unlike the Committee, the Supt isnt spending tax dollars trying to stall the inevitable. I am sure she's paying her own attorneys to let these dopes run in a circle for awhile before she drops a lawsuit on their heads.
Anon. 9:04 here: The meeting was brought up at the last SC meeting. Now it is too bad it was brought up, because had it not, there might just have been a 4-3 vote in favor of the motion to seek judicial review. Never-the-less, it seemed hopeful given the discussion at the last SC meeting that the Tues. meeting was likely to resolve s few issues.
This isn't the first time this SC has cancelled meetings last minute. Talk about manipulation and no regard what-so-ever for the citizens of Sandwich. As Mr. Guerin said, could not something have been learned in the meeting. What about the SC members, other then the Chairman, don't they deserve to hear what Dr. Johnson's lawyer has to say. A letter of summary from the same lawyer who seems to be doing only the biding of part of the SC is not the same for the members who are truly concerned about justice being served. He may well slant it the way he is told to slant it. The letter will cost money.
I think transparency with the whole SC would have been a better use of our tax dollars and a better path to resolution, understanding and even compromise. The roller coaster ride effects the way people feel about the schools not to mention the way people outside town percieve Sandwich. Time for some good will on someone's part I would say after 4 months for nothing for insanity.
It is an amazing display of what is absolutly the worst thing in politics and government, the notion that through manipulation you can gain a positive outcome.
What settlement offers has the super put on the table. I am not aware of any. I believe her position has not changed as well. How do you know the sc are dopes.Just because their views differ from yours that does call for name calling. But thats the way the opposite view points have been doing.To bad adults can't write their comments without the name calling.
Anon 12:09 Positive outcomes have already begun for Sherry & gang, SEA Union and money sucking Community School when they voted against Dr. Johnson for no "just causes". We can't wait to see them under oath tell a judge their reasons were "confidential" and no "just causes".
Dr. Johnson did her job well, too well for all the above groups.
Dr. Johnson's insane mistake was thinking she should be a strong leader and advocate for our children first then everyone after that.
Sherry should resign for the mess she has deliberately put our town in this financial litigation mess. The others should also rethink why they are on this committee and if it's not for the children then have some honor and resign. This committee is such a disgrace to our beautiful town. When did our town become so apathetic? Ya get what you don't fight and vote for people! We are in big trouble with this board and how inept they are with the budget issues is incredible. Just listen to some of their stupid questions about mud, it's never about the 2.4 million shortfall budget that's arrived. OMG they don't have a clue!
dope, dope, dope, dope ...
They are facing a $2.4 million DEFICIT next year and they spent an hour discussing a doorholder's job description. They never even asked the question WHY are we paying the doorholder almost double what they pay a teacher's aide AND why are we paying her to do it all summer?
What is this person really going to be doing?
But they missed the BIGGEST question -- if they are going to be $2.4 million short.... how in the name of God will they pay this person????
They can not see the forest for the trees .. or maybe the moss!
I have a difficult time understanidng why Johnson doesn't put on her professional hat, polish her resume, and go looking for one of those many open postions you have mentioned, Bob. She claims to care about Sandwich, but actions do speak louder than words. Her actions certainly don't coincide with her recent words.
Susan
susan, where did you get that idea the super wasn't here for the children and great teachers? Dr. Johnson on several occasions has risen above the pig fight and waited for the committee to get to a resolution. The committee has not worked for our childrens education for a long time now. That's been crystal clear.
I don't think there's anything particularly professional about fleeing town because of a vocal minority. And, I do think it's a vocal minority. She's kicked a lot of asses, upset apple carts, and shaken up the status quo since she got here. She also lacks a "political gene" so every change may not have gone as smoothly as it could have, but make no mistake -- change was needed!
I also don't think that staying around indicates a lack of caring.
The current contract fiasco seems to have had no impact on her efforts. She continues to work hard on staff development and she has been in the schools meeting students, staff & parents.
Although there is very good reason to believe that she has a very valid contract, she has taken the high road and avoided getting in a mudslinging contest with the Committee. She could have filed suit last June -- but she has given the Committee numerous opportunities to avoid a lawsuit.
I wouldn't blame her for saying the hell with it and packing her boxes -- but only if it was her choice. She certainly shouldn't allow herself be run out of Town.
Anyone else but me happen to notice the Committee's complete reliance on and deference to Dr. Johnson for budget direction last night?
To Susan: had Dr. Johnson left as you suggest where the heck would these folks be and what the heck would they be doing? Be very careful what you wish for.
The Truth Maker must agree with all that Bobby has posted above in regards to a hard working professional educator. One simple fact that many fail to understand, is this superintendant has put many of her personal ideals into making positive changes that have affected the educational process for the children of Sandwich in a positive way, while saving the taxpayers of Sandwich further financial losses.
Those who have made the concerted effort to remove her from this position have done so, because it calls for accountability and they do not want any part of that process. They have exposed themselves to how ineffective they are, as so called Union leaders that make overtures about how they care about the children of Sandwich, when in reality, they do not.
Dr Johnson does not play the good old boys game, that seems so ingrained in our town of late. She has a high standard for herself as well as those who get to teach.
She has placed before the town of Sandwich, programs that are cost saving and still provide the educational benifit that each of our children need to grow in todays world. In some cases she has placed programs before the district that are also innovative and thought provoking.
Why should she leave?
On the other hand we have the Union led four members of the school committee that have only caused our great town to be looked at from a negative view point, while costing each and every taxpayer more money in next years budget , while they continue to debate the merits of there adgenda and compromised points of veiw.
Just wondering why the Superintendent suggested the door holder position in the first place? Wasn't it the super who wrote this description and submitted it for the SC's approval??
I have no problem with Dr. Johnson staying on as Superintendent, but it does bother me when people blame the School Committee for everything that is not happening. In my opinion, Bud Dunham is leading the charge for an override for the municipal departments. So, why aren't we seeing the same thing from Dr. Johnson? She could have started making her case a long time ago.
The door person was suggested by the School Security Team of which the Supt is a member -- along with people from Police, Fire & Town)
This team had already vetted the job description. I doubt they needed the SC to second-guess it -- the only question should have been -- "Can we afford it?" . They missed that one.
Bud is leading the Override efforts based on instructions he received from the BOS to assemble and present specific financial data related to conversations the BOS has been having for months -- the SC has never had the same discussions or issued any guidance. I am also not aware that they have met with the selectmen to have any "Big Picture" financial discussions yet.
This week's budget workshop was awful. Most of them sat mute with few relevant questions or ideas. The majority showed no visible sign of understanding anything they heard. The biggest thoughts were (1) Cut professional Development ("Oh, we already did that?") and (2) How about a wind farm? (Maybe for FY '16 -- if nobody tells the Historic District people!!)
They're getting ready to navigate a very foreign ocean and they fired the captain.
Good luck to us.
it's funny to read the complaining going on here.
Before Linehan,Kangas and Crossman were voted in, every new idea, concept,etc was presented,"rubber stamped" to go and implemented as soon as possible. No discussions of costs,no questions,etc were ever present. All done in one meeting. No one ever asked "hard" questions. Why not?
Now, the new members are asking questions and informing the public with additional information and there are people in town complaining.
I find it comforting to know questions are being asked and as a taxpayer how my money willbe spent. No more "rubber stamping" is good!
Knowledge is better.
Huh? You have got to be kidding!
I haven't seen a single "hard" question asked yet. I have, however, heard a lot of confused and uninformed questions asked! (I have also heard a lot of questions re-asked that had already been answered -- but nobody seemed to be listening!)
I also haven't heard a single explanation of ANYTHING from this Committee including why they want to fire the Supt.
Nothing was rubber stamped last year. Costs were always discussed and things rarely passed in one meeting (except field trip requests!) People did their homework, read their paperwork, had regular discussions with the Supt & members of the Administration, and frequently checked with other districts.
MOST members didn't show up waiting to be spoon fed information and raise "pretend" issues.
I think your comment is as valid as some of the "hard questions" asked by the new majority !!
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