School law attorney Thomas Mooney spoke at the April 8 Board of Education meeting on the board’s decision to limit public comment.

Mooney’s appearance was precipitated by the board’s dissemination last month of “Public Participation at Meetings,” a document that some believed was an attack against the public comment portion of the Board of Education meetings.

The lawyer’s remarks were brief and centered on what he labeled a “limited public forum,” which he said is a fundamental protected right under the First Amendment. However, he said that the board must “define what is appropriate to speak to,” which they accomplish by setting the meeting’s agenda. He admonished the board not to speak to a topic that is not on the agenda, but pointed out that the public had the right to comment on virtually anything that is germane to board responsibility.

The superintendent, as the CEO and representative of the board, may meet with any individual regarding a concern outside the confines of the meeting, according to Mooney. The attorney emphasized that although the public has a right to be heard within the parameters set by the board, it is the board’s “right to create the purpose.” Furthermore, the comments may not be vulgar, aggressive or hostile. The board should expect common courtesy, but must “separate any discomfort” they may feel in regard to a topic. The board decides the time, manner and place. Parents should always go through the “chain of command” and should not expect to approach the board until all avenues are exhausted.

Although the board may offer opportunities to speak, they may set a time limit on that opportunity; however, the individual courtesy extended by the board must be uniform in its application. To reinforce his advice the attorney distributed a copy of a recent article to each member entitled, “But it’s my turn to speak.” The superintendent was told that when someone wished to address a topic unrelated to the agenda, she could simply advise the speaker to see her after the meeting.

In regard to executive session, the attorney explained that besides requiring a two-thirds vote in favor, there are only five reasons to go into an executive session, and a specific reason must be stated publicly prior to closing off the public. The reasons include strategies and negotiations regarding pending legal claims and litigation; discussion of specific employees (unless the person requests open session); the purchase of real estate, if the cost may increase; deployment of security devices and security personnel; and any discussion in regard to confidential documents (e.g. student records, matters of collective bargaining or any disclosure of a public record exempted from disclosure.)

Mooney said that executive session is a “procedural step related to an agenda item” and does not have to be listed on the agenda. Discussion in executive session must be limited to the reason given for entering the session. According to the state’s Freedom of Information regulations, individuals may be invited into the executive session to give testimony on the topic, but their presence must be limited to that testimony. Furthermore, anyone invited to participate must be named and recorded in the statement of the motion, in addition to listing the purpose of the executive session.

After the procedural discussion, the board returned to routine matters. When it came to approval of the retirement of Stephen J. Wronski, a grade five teacher at Montowese Elementary School, Superintendent of Schools Sara Jane Querfeld praised the career teacher for his many extra activities over the years, including various programs for veterans and the Voice of Democracy essay contest in the fifth grade. She added, “We will miss him terribly.” Carol Franceschet, a former teacher in that school, told of how he had mentored her and labeled him “wonderful and well respected…a great person.”

Alicia Clapp detailed the latest ACES meeting and mentioned that their foundation had obtained $250,000 in grants over the years. They will reapply for federal Race to the Top money, and they have learned that Delaware and Tennessee were funded because every district had agreed to participate. She painted a bleak picture of the state budget, stating that the revenue to Connecticut has dropped 25 percent. She said that many hope that regionalization of services may help to reduce costs. ACES did receive a grant for a pre-Head Start program that will assist 70 families in area towns.

Under the Superintendent’s Report, numerous topics were touched upon and recognition given to countless children for various awards. When she referenced the successful performance of The Wizard of Oz at the middle school, Querfeld announced that Ed Handy, a retired principal who has been directing the plays, has decided to retire completely. She pointed out that the air quality expert from the state, Kenny Foscue, had returned for “refresher training for school teams.”

Querfeld also commended Susan Wilson and Anthony Giamettei for the huge success of the second annual St. Baldrick’s fundraiser at the middle school, which brought in over $45,000. She told the board that she always enjoys judging the pies at the high school’s annual Pi day which is built around a math competition. In closing, she spoke of her pride in a recent New England math score report in which grades six and seven did extremely well.

Under Public Comment, Gary Amato expressed his disappointment in the apparent change of policy regarding allowing the public to address their concerns at meetings. Although he and other members of the audience asked questions, the standard response was that individuals could speak to the superintendent after the meeting, per attorney Mooney’s advice.

In one unexpected turn of events, Terry Hannon, mother of the high school boy with breathing problems that they believe were caused by the air quality in the school, said that the administration has finally agreed to test the air quality at the high school. She cordially thanked the superintendent and her assistant for meeting with her.

The first piece of business to come before the board was a presentation by Attorney Thomas Mooney, a highly respected attorney of school law. According to the agenda, the expert was brought in to address them “Regarding Board of Education meeting procedures.” The practice is commonplace when new members are elected to the board. In addition, there was a degree of controversy growing among the citizenry in regard to the recent unveiling of a document entitled “Public Participation at Meetings.”