Editorial: A legal victory with complications

The Connecticut Superior Court ruling Tuesday validated State Rep. John Santanella's complaint. This is a clear win, and allows him to avoid an August 11 Democratic primary against his challenger, former town attorney Tom Tyler. Tyler can appeal, but absent that, Santanella can shift his focus to November. But a winning legal outcome is not the same as a winning narrative outcome. This was an honest mistake by the Tyler campaign, a consequence of some flawed official guidance and a decision to rely on that guidance. The court found that the Democratic registrar provided petition sheets four days before state law allowed, and that the state-supplied forms lacked a legally required statement from circulators on the number of signatures gathered — a defect that invalidated all of Tyler's petitions. The ruling also notes that there was no evidence the Tyler campaign exercised due diligence to confirm the official guidance. Connecticut election law doesn't allow for honest mista...

The School Audit Is Done. Why Won’t Enfield Release It Before You Vote?

 

Enfield Town Hall

The town has the audit triggered by the $5.6 million shortfall in the Board of Education budget — but it won’t release it until after the election.

We have an election in five days. Voters are being asked to decide on school board leadership and budget oversight without knowing what happened to $5.6 million of their money.

That’s wrong. Voters deserve this information before they cast their ballots.

Background

During the shortfall, the Enfield Board of Education had a Democratic majority. After Republicans won control of the Town Council and Board of Education, council Republicans sharply criticized the prior board’s budget management.

Board members — both Democratic and Republican — appeared before the council to explain what happened. They cited several factors:

-- The state cut special-education reimbursements from above 90% to the low 60s.

-- Special-education enrollment rose sharply after the budget was set.

-- Other costs, including insurance, increased.

An audit was ordered to review those claims, casting a cloud over the school board. That audit is now complete.

At the October 20 Town Council meeting, officials said a draft audit is finished and with the superintendent for review. It will likely be released “sometime in early November” — after the election. The mayor suggested the audit firm present its findings to the new council.

Why It Matters

The incident not only undermined confidence in the school board, but also became a recurring theme in political and public debate — used as evidence to justify tighter controls and to oppose larger budget requests from the Board of Education.

Voters are being asked to choose school board members based on budget oversight — but they’re being denied the one document that explains what actually happened.

If the audit shows the shortfall was beyond local control, board members deserve that vindication. If it finds mistakes, voters deserve to know that too.

Withholding a completed audit until after the election allows suspicion to linger.

Whatever the report says, the public has a fundamental right to see it before they vote.
That’s what transparency means.

FOIA Letter

I filed this today with the town:

Under the Connecticut Freedom of Information Act, I am requesting a copy of the audit report concerning the Enfield schools' budget shortfall. At the October 28 Board of Education meeting, it was stated that the report wasn't being released because it is a "draft" and that you have the report.

Under state FOIA law, "draft" status alone is not sufficient grounds for withholding:

"(1) Preliminary drafts or notes, provided the public agency has determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure."

This means the town must demonstrate that withholding the report serves a greater public interest than releasing it. What specific public interest is served by keeping this document confidential?

The Board of Education election is in 5 days. Voters are being asked to decide on school leadership and budget oversight without access to information about a $5.6 million shortfall. Whether intended or not, withholding this information right before an election creates a serious appearance problem. The public's right to know what happened to their money before they vote clearly outweighs any interest in continued confidentiality.

Appreciate your help.

Comments

  1. Hi - I just discovered this publication. Useful, but who is behind it? A byline for this article would be good. We obviously need the transparency of immediate release of the audit!!

    ReplyDelete
    Replies
    1. HI, Melissa, thanks for reading. The author bio is on the left hand side. It may not be easily visible on a mobile device. If you tap the three horizontal lines in the upper left corner (iPhone) it should appear.

      Delete

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