Waterford Served “Unbelievable” Subpoena By State
Superintendent Belair: “There is absolutely no way we can physically meet this demand."
If you see Superintendent Jerome Belair or the rest of his staff over the next month, you might want to throw them a life jacket. There is a good chance they will be drowning in paper work.
Waterford, along with nine other school districts, has been subpoenaed by the State Attorney’s office because of their connection with a lawsuit on school funding. In the subpoena, the state issues 46 separate requests for information all dating back 10 years, which Belair said would be impossible to complete.
“The number of hours to take to try to locate these and file systems and then make copies is significant,” the superintendent said Tuesday. “There is absolutely no way we can physically meet this demand and provide all the data that is requested.”
One of the requests Belair pointed out is “copies of any and all documents concerning the physical condition of the plumbing/lavatory systems in school facilities in the Waterford School District from 2002 to the present.” The school district has to turn in the request by 9 a.m. on Feb. 21, according to the subpoena.
“I’ve never seen anything like it,” Belair said. “I would say this is an incentive on the part of the state to really discourage people, school systems and municipalities from carrying on (with the lawsuit).”
Background
In 2005, The Connecticut Coalition for Justice in Education Funding, of which Waterford is a part, sued the state, arguing Connecticut has not meet its obligation to fairly fund education. On March 22, 2010, the Connecticut Supreme Court ruled the case has merit, and a trial date is anticipated for the summer for 2014, according to the Hartford Courant.
To prepare for the case, the state subpoenaed information from the 10 school districts within the CCJEF, a subpoena the CCJEF called “onerous.” Belair said the subpoena was served to stop the lawsuit from happening.
“I suspect it is to get districts to withdraw from the coalition because it is just too much work,” he said.
The Requests
The subpoena asks for all documents in the last 10 years for all 46 requests. By documents, the subpoena states, “any book, pamphlet, periodical, letter, e-mail, memorandum, telegram, report, record, study, note, draft, chart paper, graph, index, tape, disc, data sheet, diary, calendar or any other written recording, transcribed, punched, taped, filmed or graphic matter, however produced or reproduced, to which you have or have had access or control.”
The requests include “the copies of any and all documents reflecting the number of qualified applicants for each and every teacher vacancy (for the last 10 years),” “copies of any and all documents reflecting the age of textbooks in each and every area of the curriculum (for the last 10 years),” and “copies of any and all documents concerning programs or efforts to enhance parent involvement in their children’s education (for the last 10 years).”
Meanwhile, Waterford is going through its budget process and is preparing for the state-mandated student aptitude tests in March, Belair said. Trying to figure out a way to handle this request at this time would be impossible, he said.
“Do you add on extra people, do you take away work from people?” Belair said. “And here we are, we have all these districts going through a budget season. You are supposed to just stop?”
What Will Be Done
Belair said the coalition is consulting with law students at Yale University. He said he will not begin preparing the documents until the coalition gets a legal ruling.
Belair also met with State Sen. Andrea Stillman, D-Waterford, and State Rep. Betsy Ritter, D-Waterford, Tuesday morning. When interviewed later that day, Ritter said the subpoena was “virtually a punitive list.”
“I was simply astounded by this unbelievable… request,” Ritter said. “I personally don’t think there is a school system in the country that could do this.”
Louie Ladrone
6:40 am on Thursday, February 9, 2012
I'm sorry....but boo hoo hoo....
Paul Petrone
7:31 am on Thursday, February 9, 2012
Louie, I'm going to upload the subpoena so everybody can see. Trust me, this isn't whining. The amount of work to do this would be basically impossible.
Louie Ladrone
8:59 am on Thursday, February 9, 2012
I really don't think posting it would be necessary, but the point I was trying to make is that IF you or I were trying to sue the school or town, they would make us go through all the same "hoops" that they are being asked to do.......it's part of the legal system and they sure know how to use it when they want, but don't want to have to when they don't.
BJ
8:14 am on Thursday, February 9, 2012
The schools have become accustom to extracting huge sums of money from the taxpayers without any plausible justification and now, while trying to do the same from the state, they are met with resistance; in the words of LL: "boo hoo hoo." I only wish that the taxpayers of Waterford would require the same level of justification from our bloated schools AND from the equally bloated state government. As usual... lawyers win, bureaucrats win, unions win... while taxpayers and students lose. Here again is big government run amok.
Harold Hansen
8:46 am on Thursday, February 9, 2012
BJ
Just what level of government would please you. Seems with you government is the root of all evil. Please explain what you would consider not bloated. What is the proper size and power of government?
steve onuparik
10:36 am on Thursday, February 9, 2012
comment sounds like the typical democrat or union person, in that the govt. is never big enough and needs to have an unlimited supply of money to pay their minions. look at the salaries being spent in the education budget, and start with the superintendents office, and the bureaucracy of the dept. adminstative staff that do not teach, how much can the average taxpayer afford, the state is going bankrupt, and your governor is spending more than what it takes in. almost all new england states are in dire budget problems. why ? compare the private schools such as the catholic school system, like st. bernards and their middle and elementary schools and the budgets are half the amount , and yet they produce a better student overall. the mentality that the govt is the solution for everything, when in actuarially, the govt is the problem. i leave out the classroom teachers as they are not the problem, they do the work. how much is enough, well i know now , there is too much, its not a money problem, its a spending problem. publish school salaries and that will tell you the whole story. better yet, lets publish the salaries of all public employees in the town, and compare to similiar positions in the private sector. more proof, read the day papers business section, dated 1/22/2012, ct. worst state to retire, high property taxes, high cost of living, fiscal health of the state, and of course, state income taxes. yes, i am a retiree on a fixed income.
Cheryl L
9:33 am on Thursday, February 9, 2012
The BOE needs to consult with its counsel, get the scope of the subpoena narrowed to a what is reasonable and request an extension of time to respond. It's a lawsuit. There is a process and rules which govern all lf this. The state will be required to follow it, as will the BOE. Airing this in the media by either the state or the BOE will not provide an answer to what information is reasonably available and should be provided. You bring a lawsuit, you have to be preapred to support it. Then use the rules available to you to respond to and prevent unreasonable requests.
BJ
9:37 am on Thursday, February 9, 2012
HH:
The answer to your question is basically found in our Constitution and I cannot begin to fully elaborate in the space provided here. Unfortunately the compromising of the principles in our Constitution began before the ink dried and the compromising lead to the election of a liberal (George Washington) to start things off. The overarching principle was to limit the size, power, and scope of government; we are so far from that now that returning to the founding principles will never happen short of a new revolution. Our children are brainwashed by the schools and no one studies the Constitution anymore. To give you an idea of how "radical" my beliefs are... I believe that the ONLY role of the federal government should be to defend our boarders, to mediate disputes between states, and to ensure that no state government is violating the rights of the people. State governments should only do what local municipalities cannot do. And local municipalities should only do what cannot be done by the local community/private sector. Funding of ALL government programs MUST be voluntary!!!! If the PEOPLE want something they WILL pay for it. I hope this information helps answer your question.
Harold Hansen
10:32 am on Thursday, February 9, 2012
BJ
I do believe that you have some "radical" rules for government. Thank you for the brief explanation. I seem to hear some echoes of a local AM radio station - probably starting at 10am on weekdays. Our government at all levels could be smaller and less complicated, but to return to the founding principles is to return to a much simpler time. I do have a pocket constitution obtained from the Government Printing Office. We should discuss the role of government at another time.
R Lee Balderdash
10:32 am on Thursday, February 9, 2012
CCJEF is a 501(c)(3)(profiteering non-profit) that supposedly wants to shift education funding from municipalities to the state under the false premise that children have a constitutional right to an adequate education. More likely; CCJEF wants to get more money from the State of CT to add to the bloated municipal bureaucracies that already exist. Waterford, get your hands out of the States cookie jar.
Ann Italiano
10:32 am on Friday, February 10, 2012
I am no lawyer, and venture no opinion, but I do know that when a subpoena is so demanding, the receiver can disagree with the scope, if it is hardship or near impossibliity.