Legal counsel give opposing opinions regarding Boughton's board of ed "punishment"

When it comes to whether Mayor Boughton and the City Council have the legal authority to "punish" the board of education in the manner that they plan to do at tonight's meeting, the answer is not that simple.

From the City Council's ad-hoc committee meeting, here's corporation council Lez Pinter's take on the action.



While I don't think Pinter's rationale would pass the smell test in court, the legal opinion from the board of education regarding Boughton's action is quite different...



Although we're talking about a small amount of money, the board of education is well within their right to take the city to court over this highly controversial move. One body of government to punishing another separate body of government is WRONG, WRONG, WRONG.

News-Times editorial 07.09.10

Danbury Mayor Mark Boughton has gone too far and has overstepped boundaries in his attempt to cut the already approved education budget.

[...]

The mayor has called the 2.5 percent raises to four people irresponsible at a time when an intermediate school is closing in the city and other cost-saving measures are being instituted.

He has a point. Every expenditure must be carefully weighed when it comes to educating children -- no matter the frugality of the economic times.

But it is too late. The mayor and the City Council had their chance to review the proposed education budget; they took the responsibility seriously and allowed a less than 2 percent increase above the previous year.

It was up to the Board of Education to work with that amount, though the increase was only half of what was requested. Neither the mayor nor the City Council ought to have line-item veto power over the Board of Education.

All three arms of local government, after all, are elected by voters.

[...]

Schools Superintendent Sal Pascarella is offering to return his increase to the education budget, after he pays taxes, to be used for the new literacy center.

The net increase, without Pascarella's raise, comes to about $10,000 in a $114.1 million budget.

Mayor Boughton's suggestion, which was referred to committee last week by the City Council, amounts to posturing.

[...]

We are not quibbling about the salaries or whether they are deserved.

Our position is based on the fact that the mayor and the City Council ought not to try to override the Board of Education and manage its budget line by line.

For trying to do so, Mayor Boughton, a former teacher, should get called into the principal's office.