Friday, May 21, 2010

Court Denies Mayor's Request for Injunction

The Superior Court ruled against the City this morning, in Part I of the dueling lawsuits over access to documents in the Schools Superintendent's office.

Mayor Giuliano had asked a judge for an injunction preventing Superintendent of Schools Michael Frechette from destroying or altering the school's financial records. Judge Robert Holzberg ruled that based on the evidence presented, there was no indication that such destruction did happen or will happen.

Mayor Giuliano said he was satisfied that Frechette had declared under oath that he would not alter, destroy, mutilate or discard any BOE records other than under the constraints of state statute.

In testimony, it was revealed for the first time that Board of Education employee Tracy Vess informed City of Middletown Personnel Director Deborah Milardo that she overheard a meeting conversation in which BOE Business Manager Nancy Haynes and BOE employee Diane Timbro spoke about shredding documents.  Vess reported what she heard to Local 466 president Jeff Daniels, and to Deborah Milardo.  Last Friday Milardo called Mayor Sebastian Giuliano and reported a possible "shredding party" at the BOE offices on that Saturday.  Giuliano, who happened to be at the St. Sebastian Festival, and standing adjacent to Vess, confirmed what was reported to him, and called the Chief of Police.  His call initiated a meeting that resulted in police presence at the Board of Ed offices.

As a result of the testimony and ruling police guards at the Board of Education building will be removed by the police department.

Part II will consider the School Board's lawsuit to reverse all of the City's actions since the May 13th Common Council Meeting, including the stationing of a police officer at the central office, the firing of employees the City feels were hired illegally by the Board of Education.

The hearing on the suit against Mayor Sebastian Giuliano by the BOE was continued until next week after a question was raised by the BOE counsel, Christine Chinni, about a possible conflict of interest city counsel Brian Clemow may have because of his years representing the Board of Ed.


All reporting by Ed McKeon, from the Courthouse.

1 comment:

Anonymous said...

finally cooler heads have prevailed. this should never have gotten this far, shame on the mayor.