Battle of the boards: Quincy school board lawyers up in turf war with city council

QUINCY ‒ The school board decided to hire its own legal counsel in an escalating conflict with the city council.

The turf war picked up steam when the council passed a law, which Mayor Thomas Koch then signed, that closes schools on Lunar New Year. This came six weeks after the school board approved a calendar excluding Lunar New Year following a lengthy public debate.

At the May 22 school board meeting, residents again spoke strongly in favor of recognizing Lunar New Year with a day off from classes. A tense debate followed, including sharp words directed at the city council. In the end, the board voted 5-2 to hire independent legal counsel using money from its legal fund.

In an email, school committee member Emily Lebo told The Patriot Ledger that the board needs independent counsel because City Solicitor Jim Timmins also represents the city council and doesn't have the "significant experience with school committee policies and procedures" that the Massachusetts Association of School Committees can provide.

School committee Vice Chair Tina Cahill agreed, saying that Timmins already made his opinion clear when he helped Councilor-at-large Nina Liang with her proposal. Asking for Timmins' opinion at this point would amount to asking for his "opinion on his opinion," Cahill said.

Timmins declined to comment.

'It's disappointing and perhaps disrespectful'

Feelings of the school board's five-member majority range from disappointment to a desire for clarity on jurisdiction to defiance of the city council's legislative act.

"I do not recognize the authority of the city council to hold the vote they made," said school committee member Kathryn Hubley in a statement. Hubley voted with school committee members Lebo, Paul Bregoli, Douglas Gutro and Cahill to hire independent legal counsel.

Gutro, who spent 14 years on the city council prior to joining the school board, questioned why Liang's original law declaring a city holiday was amended to only include the schools. He said that he's seen no written justification with legal citations supporting that opinion.

Gutro also criticized city councilors for accepting at face value Timmins' judgment that they can't declare a holiday. "What struck me? Nobody on the city council asked a question," he said. "No one asked, 'if not us, who has that authority?' ... I'm still curious. I would like to see the legal citation why the city council doesn't have that authority."

Gutro also complained about the lack of communication from the city council.

"It's disappointing and perhaps disrespectful that you didn't pick up the phone," he said.

Ward 4 Councilor Jim Devine told The Patriot Ledger that he has spoken on the phone with a school committee member about the issue and hopes the two bodies can reach a satisfying outcome.

Quincy's DiBona runs for Register: Quincy official running for Norfolk County Register of Deeds. Here's a look at the race

Pay day: Imagine getting a 79% pay raise. That's what the Quincy mayor is requesting

Koch warns other members: 'If I'm sitting on the council, I'd be looking at cutting budgets'

Koch and Courtney Perdios opposed the motion to hire independent legal counsel.

Koch praised a long track record of productive collaboration between the two bodies, saying that city council has always approved school budgets and bonds for new school buildings, giving its support to the school system "every step of the way with minimal questions."

Koch said that regardless of the school board's decision, he will sign Liang's order into law.

He also warned members that the city council could retaliate.

"If I'm sitting on the council, I'd be looking at cutting budgets," Koch said. "I don't want to see that between the bodies. We see enough of that in (Washington) D.C."

Perdios said that while school board members may be concerned about separation of powers, the district's Asian families would see it as "legal action to stop them from having the holiday off with their families."

Perdios also objected to spending public money on independent counsel at this point. She suggested asking Timmins to read over the charter and issue a written opinion. She warned that legal costs could "spiral out of control" if the school board ultimately decides to take action against city council.

Lebo responded to Perdios, saying that merely seeking a legal opinion does not imply a long and expensive legal process.

"We're not suing them," she said. "We're simply asking for legitimate expert advice on whether or not this maneuver is legal. ... It's not going to cost millions of dollars."

How much will external legal counsel cost?

During the meeting, Quincy public schools director of business affairs said the board's legal fund currently holds $21,000.

Asked to estimate the cost of a legal opinion, Superintendent of Schools Kevin Mulvey said it would likely not exceed $5,000.

Perdios asked Mullaney if the $21,000 could be reallocated to school programming, to which Mullaney replied in the affirmative. As an example, Mullaney said that unspent legal funds have gone towards purchasing Chromebooks in the past.

"I'd much rather that money go toward our students and our staff," Perdios said. "I think we can get this opinion from Solicitor Timmins."

The full timeline of the Quincy battle of the boards

On April 22, Liang, the first Asian American to serve as the council’s president, introduced a law that would have made Lunar New Year a city-wide holiday, closing schools and other city departments for that day.

The school board had rejected a proposal to make Lunar New Year a school holiday less than two weeks earlier.

Koch, who chairs the school board, voted for Lunar New Year as a school holiday but opposed making it a city-wide holiday, arguing that it would cost the city millions in overtime pay for firefighters, police officers and other essential workers.

The dispute began May 6 when Liang amended her original law, narrowing its scope to the schools, thus conforming to Koch’s position. She amended the law after Timmins advised her that city council does not have the authority to declare a city holiday under Massachusetts law.

Two days later during a school board meeting, Cahill made a motion to seek independent counsel on the legality of Liang’s proposed law. A vote was scheduled for next meeting, May 22.

Tensions ratcheted up May 20, when Cahill sent a letter to Timmins, Koch and all nine members of the city council. The letter urged the council not to vote on Liang’s proposal later that night at its scheduled meeting.

“Our objection to the vote concerns the separation of power between the two elected bodies,” Cahill wrote. “Based on our understanding of the Quincy City Charter, we believe this is an inappropriate action taken by the Council.”

Cahill’s email enclosed the following message from Executive Director of the Massachusetts Association of School Committees Glen Koocher:

“(Massachusetts Association of School Committees) is not aware of any statutory support for the Council’s exercise of authority over the School District’s calendar. Additionally, if the City Solicitor opined that councilors could not designate a new legal holiday under state law, what is the basis for their authority to command that the schools be closed on any particular day?"

Later that night, against the school board’s wishes, the city council voted unanimously in favor of Liang’s legislation, which the mayor promptly signed into law. Two days later, the school board voted to hire a lawyer.

Peter Blandino covers Quincy for The Patriot Ledger. Contact him at pblandino@patriotledger.com.

Thanks to our subscribers, who help make this coverage possible. If you are not a subscriber, please consider supporting quality local journalism with a Patriot Ledger subscription. Here is our latest offer.

This article originally appeared on The Patriot Ledger: Quincy school board to hire lawyer in with city council