Legality of board vote questioned


By GINA L. SARTIRANA

Staff Reporter


 

WINSTED — In light of the controversy surrounding the Board of Education’s school restructuring decision March 6, some community members are wondering aloud if the vote was even legal.

According to the Board of Education By-Laws Article 3, Section 7, "No item of business may be taken up after 10 p.m. without the approval of two-thirds of the members present." Since the final vote to accept the restructuring plan was taken after 10 p.m. without a vote to extend the meeting, community members have questioned the legality of the vote.

"There was never a motion put on the floor to extend the meeting," said Tina Sessa, a concerned parent. Sessa has been addressing the Board of Education about the restructuring plan since it was first proposed. "This is just too important to not speak your mind. Whether we have children [in school] or not, it effects our town long term."

After consulting Doctor Richard Dutton, Board of Education member, for a parliamentarian decision as well as board attorney Mark Sommaruga, Rose Molinelli said the vote was in fact legal and would not need to be re-addressed.

"The one thing that I try to be careful of is doing things in the appropriate way," said Molinelli. "If you are entering a new discussion, you have to take a vote for a new item on the agenda [after 10 p.m.], not if you’re in the middle of an item."

Attorney Sommaruga agreed and in a letter to Molinelli and the Board of Education stated, "After review, it is my opinion that the board’s vote was not in violation of the by-law in question...The by-law does not prohibit board votes after 10 p.m.; the by-law does not require that board ‘finish-up’ with an item of business by 10 p.m.; the by-law does not require that the board adjourn its meetings by 10 p.m. Rather, the by-law merely prohibits the board from ‘taking-up’ new items."

Sommaruga also stated in his letter that the item of business at issue, which was the only item listed on the agenda for the meeting that began at 7 p.m., was "taken up" well before the 10 p.m. deadline.

For parents, the next question is, what can we do to change their minds?

"If we can’t overturn this because of a technicality, what are the parents’ rights to have it revisited?" asked Sessa, who added she is torn over the entire restructuring issue. She said she feels that change is necessary for the town but that residents are not getting answers about how the transition will take place.

"I understand that in order to make our community move forward, we have to have change. I do believe that [the board] knows how they are going to handle a lot of those situations, they just haven’t made it public knowledge."

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