Chariho School Parents’ Forum

February 6, 2009

Case Update

I forgot to post the order – see at the end of this post.

So, what does all this mean?

If you recall when this started, Chariho removed me and we went to Superior Court asking a few things (in my words, not legalease) 1) Chariho violated the OMA so reverse the decision, 2) Rule whether or not Chariho has the authority to remove me, 3) Rule whether or not someone can hold these two seats.

The court ruled on the easy one – and said there was an OMA violation and issued the temporary restraining order on their actions.

Chariho did it again, this time placing it on the agenda.

We went to Superior Court again but moments before being heard the AG said we had to go to Supreme Court.

So we went to Supreme Court asking for 2 and 3. Chariho asked for a dismissal. The court denied Chariho’s motion and set a hearing for March 9th. That’s the Clift Notes version.

Here is the order

February 5 Court Order

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7 Comments »

  1. Seems to be a problem as I can’t get to either document Mr. Felkner posted in the last couple of days?

    Comment by Curious Resident — February 6, 2009 @ 7:10 pm | Reply

  2. There is a problem with WordPress – I have posted it elsewhere and fixed the link. Try it again- thx

    Comment by Bill Felkner — February 6, 2009 @ 7:37 pm | Reply

  3. I’d be interested in seeing Attorney Gorham’s reply memo if you are able to re-post it?

    Would it be fair to imply the Supreme Court’s decision could only result if they determined the School Committee is not authorized to remove a member? Seems to me that if the School Committee acted within its authority the Supreme Court would have dismissed the case.

    Comment by Curious Resident — February 6, 2009 @ 8:53 pm | Reply

  4. i just posted it – refresh the page.

    Comment by Bill Felkner — February 6, 2009 @ 10:41 pm | Reply

  5. CR, I think all you can read into the Court’s order is the case has sufficient merit to be heard by them. Which is a victory to be happy with, consider the NEARI-EP appeal on pay reductions was dismissed without comment. Had that happened with BF’s case, it would have been a major loss giving substantial credibility to the CSC and J Anderson.

    I’m on pins and needles wondering how the Court views this case. They could decide narrowly or broadly, consider the ramifications if the court decides that a creature of statute (CSC) can act without specific statuatory authority (ability to judge membership), if so where does it end?

    Mr. Gorham quite rightly made the point that dual office holding is a political issue made by the GA or cities/towns. If we were having a local poitical decision for CSC office holding, I would support making them appointments of the town councils with removal authority. When their aren’t contested elections how can anyone defend the current setup?

    Comment by Gene Daniell — February 7, 2009 @ 3:15 pm | Reply

  6. Hi!
    Gene, nice to finally know who you are. Appointed school committees only happen in Providence by mayoral appointments subject to city council approval. What is really astounding is the school committee attorney should have done his research about dual office holding. I recall when I was on the town council, Stephanie Brown got an appointment to the Committee on Aging in town by town council appointment.
    Regards,
    Scott

    Comment by Scott Bill Hirst — February 9, 2009 @ 1:27 pm | Reply

  7. Scott,
    Once again, a bad comparison. Since she was appointed to the Committee on Aging, it’s the same as having been elected by the voters to two positions. I see where in the Hopkinton Town Charter that would very clearly allowed also since it speaks to exactly that circumstance. Deb Jennings from Richmond also served on two town committees, one was the Education Advisory Committee and also on the Finance Board but neither is an elected position.

    Comment by CharihoParent — February 9, 2009 @ 10:12 pm | Reply


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