See You In Court ' February 2022

• Published date: 03 February 2022
• Subject Matter: Consumer Protection, Litigation, Mediation & Arbitration, Education, Trials & Appeals & Compensation
• Law Firm: Shipman & Goodwin LLP
• Author: Mr Thomas B. Mooney

Bob Bombast has served on the Nutmeg Board of Education for some forty years, but he never served as Chairperson - until now. In the last election, six new members were elected to the Board, and they succumbed to Bob's entreaties to elect him, the "voice of experience," to serve as Chair. They were soon to regret their vote.

Bob promptly asked Ms. Superintendent for an office and a dedicated administrative assistant to support him as he fulfilled the "important duties of the Board Chair." Then, Bob started issuing regular press releases on behalf of the Nutmeg Board of Education.

Mal Content, another experienced Board member, soon tired of Bob's press releases, and, concerned that Bob had arrogated to himself the authority vested in the Board as a whole, Mal wrote Bob a pointed email, with a copy to each of the other members of the Board. In his email, Mal told Bob to knock it off, explaining that Bob has no authority to speak on behalf of the Board unless the Board delegates that authority. Bob's Reply All was swift and strident: "Before you go shooting off your big mouth, Mal, you should read our Bylaws. They provide in plain English that 'the Chairperson shall serve as the spokesperson of the Board of Education.' I will continue to do the job I was elected to do."

Bob proceeded to do that job in his own way. Almost every day, Bob issued a pronouncement "on behalf of the Board," on topics ranging from mitigation measures to keep students in school to the menu for the Nutmeg Memorial High School cafeteria. Bob also attended meetings of the various Board committees, but as far more than an ex officio member. At a recent meeting of the Board's Policy Committee, for example, Bob dominated the discussion and, to the annoyance of Board member Penny Pincher, who is Chair of the Policy Committee, Bob asked the other members of the Board attending the meeting to join him with the members of the Policy Committee at the table to participate in the Committee's deliberations.

The final straw came when Bob signed a contract with a software company for some fancy new messaging system that would permit him (and other Board members who choose to do so) to issue community alerts about the Nutmeg Public Schools. Bob's action came to light when Ms. Superintendent received the bill and alerted Board member Red Cent, who chairs the Finance Committee. Red was annoyed, and he sent out an email, informing the other Board members of Bob's action. Soon, the members of the Board...