Counsel offers opinion in flap over Westport superintendent's contract

WESTPORT — Town counsel has concluded the School Committee did not violate the Open Meeting Law in its contractual agreement with the superintendent, but questions about the process and terms remain.

"According to town attorney Lauren Goldberg, under the letter of the law, as opposed to the sunlight the public has a right to expect, the vote did not violate the Open Meeting Law but legitimate public policy concerns remain," Town Administrator Michael J. Coughlin said.

Coughlin said there was no written opinion from Goldberg, just a verbal one. He did not say what the public policy concerns were.

The contractual agreement was reached in November when the School Committee asked Superintendent Linda L. Galton to retire in July instead of March. It was signed by Galton and four School Committee members on Dec. 9. Richard Botelho did not attend; he later resigned for family and health reasons.

The details of the agreement became public several weeks ago after the town accountant asked for a copy. Last Monday, selectmen voted to ask town counsel to determine whether the School Committee had violated the Open Meeting Law.

Selectman Gary E. Mauk said Galton would be receiving about $77,000 in salary and benefits after retiring.

At a School Committee meeting last Tuesday, Chairwoman Sally Huntington said Galton would not be getting any added benefits except for an annuity. She said she had asked their attorney to appear on Monday to answer questions.

On Monday, Huntington said the meeting was canceled because Russell Kleber could not attend. Huntington said the other School Committee members — including herself, Kelley Cooper and Rita Miller — did not have any concerns about the contract.

Huntington said the meeting will be rescheduled for another time but is likely to be held in executive session. She said they will be asking their attorney to revise the contract "to make the language clearer without changing the terms."

Huntington acknowledged that the contract language was confusing to the public and said they needed "to get clarity so Russ and others can understand."

The contract says the superintendent will be paid at her current annual salary of $136,240 for the period from July 1 to on or about Sept. 25. It says Galton is entitled to 35 days of paid vacation and an $8,750 tax-deferred annuity. She is also allowed to buy back up to 30 unused sick days.

Other than the annuity, Huntington said there is no cash benefit to Galton for staying on through the summer. She said the payment is just for Galton's unused vacation time and does not include salary.

Huntington said Galton is not planning to use any of her 2009 vacation time before retiring in July. She said Galton is expected to stay until July 31 to "close the books" on the school finances and that a new superintendent won't start until after Galton leaves.

Kleber said it was his understanding that Galton asked for her contract to be extended into July so another fiscal year of vacation and benefits would begin.

On Monday, he said, "My understanding is she does get an additional seven weeks — that's what she wanted to stay: the seven weeks of vacation and the annuity."

Lisa Arnold, chairwoman of the town Finance Committee, said, "Once she enters July, she enters a new contract year with a full year of benefits."

Botelho disagreed with Huntington, who stated in a letter to the editor that he had "not voiced an objection" to the contract.

Botelho said, "It was fine with me if she would leave in March." He said he would have preferred to "keep the rest of the money for student needs."