Settlement with fired employees sought; free legal work offered

The School Committee, in a special meeting Tuesday, Nov. 3, voted to support Town Manager Brian Sullivan, who had urged interim Superintendent Kathleen Bodie to pursue an appeal of the decision that would reinstate fired teacher Chuck Coughlin. The vote to pursue the free appeal by the school attorneys was 5-0-2, with Joseph Curran and Denise Burns abstaining.

Oct. 27: Coughlin wins long-running arbitration; School Committee has 30 days to appeal

The letter from Sullivan dated Nov. 2 says: "Failure to pursue an appeal of the October 27 arbitration award could threaten possible coverage of civil claims under the policy. For that reason, I support the filing of an appeal."

The School Committee learned Oct. 27 that Coughlin had won his 18-month arbitration. It met for two hours in closed session that night, and it announced no decision about an appeal that night. The committee had 30 days to decide before it did so Nov. 3 in open session.

The letter, provided to selectmen Monday, Nov. 2, says in full:

"Re: Charles E. Coughlin, Jr. v. Arlington Public Schools

"AAA No. 11 390 01903 07

"Dear Ms. Bodie:

"I understand that the arbitrator in this matter issued an award in favor of Mr. Coughlin on October 27, that you are currently considering whether to petition the Superior Court to vacate that award, and that the School Department’s counsel, Kay Hodge, is prepared to bring that petition for no charge. I am writing to suggest that you authorize the filing of such a petition so as not to jeopardize insurance coverage for the related civil case of which the Town received notice this past March.

"Since Mr. Coughlin and Ms. Bouris presented notice of their claims, the Legal Department has been working to secure insurance coverage under an errors and omissions policy issued to the Arlington Public Schools by Tudor Insurance Company.

"Because the civil complaint has not yet been filed, it remains unclear what -- if any -- coverage the policy will afford, but the insurer has been persuaded to assign defense counsel subject to a reservation of rights. That attorney, Robert Gill of Peabody & Arnold, advises compliance with the policy’s cooperation clause to protect coverage that may be available under the policy. The cooperation clause requires the insured to preserve its rights with regard to related claims. Failure to pursue an appeal of the October 27 arbitration award could threaten possible coverage of civil claims under the policy. For that reason, I support the filing of an appeal.

"At the same time, however, I am of the strong opinion that resolution of these matters would be the best course of action for the Town. To that end, my office and the Legal Department, working with Attorney Gill, are making serious overtures to counsel for Mr. Coughlin and Ms. Bouris to engage the parties in a cooperative effort to resolve their civil claims. We anticipate that earnest discussions will begin shortly and are hopeful that all parties will be able to work toward an equitable global settlement and bring this matter to an end.

"If you have any questions or would like to discuss this further, please do not hesitate to contact me."

Copies of the letter were sent to the School Committee, Board of Selectmen; Juliana Rice, town counsel; and Gill.

At the School Committee meeting

During public participation at the Nov. 3 meeting, Michael Carta, first vice president of the Arlington Education Association (AEA), read a statement that reflected the union's view of an appeal following an arbitrator's decision in favor of Coughlin.

Carta noted earlier warnings about legal costs registered two years ago by then-AEA President Jack Duranceau and, later, by Ron Colosi Jr., the current president. Carta said he was there not to warn but to remind the committee while it considers an appeal. "I hope you are thinking about this," he said, detailing how the firing has affected Coughlin's family.

"When is this madness going to end?" he asked. "Please put him back to work now."

That did not occur. When the committee reached the part of the meeting described in the agenda as closed -- one to "strategize with respect to collective bargaining or litigation" -- member Joseph Curro moved to go into executive session, but member Ron Spangler asked that it be open. Burns agreed, saying, "It should be public."

Spangler read into the record the Nov. 2 letter from Town Manager Sullivan, describing to Bodie why the Coughlin decision should be appealed.

Copies of a written motion by member Jeff Thielman to follow Sullivan's advice were passed out to all present.

Burns immediately said she would abstain. "From the beginning," she said. "It has been my position that the School Committee has no authorization to make decisions about personnel."

Asked by member Cindy Starks what the committee should do, Burns said, "Have the superintendent work with the town manager and do what you need to do." She noted that Sullivan's letter is addressed to Bodie.

Curran, the committee chair, said he could not support the motion and referred to his calling for an independent counsel more than two years ago.

Curro asked whether Kay Hodge, an attorney for Stoneman, Chandler & Miller, the schools' law firm, seated in the audience, would offer an opinion. She said it is her policy not to comment.

Spangler suggested he thought the School Committee should vote for the motion because the complaint was brought against the committee and members have a fiduciary responsibility to follow the manager's advice in this matter.

Curran added that the school have "paid a lot of money" in these cases and "have got nothing" to show for it.

In a role call, votes in favor were cast by Leba Heigham, Stark, Spangler, Thielman and Curro. Abstaining were Burns and Curran.

The motion on which they voted says:

"Upon the advice of its attorneys, the town manager, and counsel for the Town of Arlington, the Arlington School Committee accepts the offer of Stoneman, Chandler & Miller to pursue a pro-bono appeal of the decision by the arbitrator in the matter of Charles E. Coughlin Jr. v. Arlington Public Schoools, AAA No. 11 390 01903 07."

This story was first reported at 3:30 p.m. Tuesday, Nov. 3, and updated after that.