Parents and committee press for transparency after lawsuit; counsel urges caution

Taylor Perry, a Fall River parent, used the public comment period at the Oct. 20 Fall River School Committee meeting to urge the committee and city leadership to place a lawsuit filed by a former employee on a public agenda and to explain what steps are being taken to ensure compliance with Massachusetts open-meeting law. Perry read a prepared statement saying the lawsuit’s absence from committee agendas “is deeply concerning” and cited “Massachusetts open meeting law chapter 30 section 20.”

Committee member Colin Dias said he and other members had repeatedly asked the chair to place the matter on an executive-session agenda so the committee could discuss strategy on the potential litigation. Dias said the committee has been told at times there was no filed litigation even though a suit had been served.

Corporation counsel Tony Assad told the committee he had been in contact with outside counsel and had received an email advising the committee that a response to the plaintiff’s pleading is due within 20 days and that the city has not yet decided who will represent it. Assad read from that communication and recommended the committee “refrain from any discussion publicly or in executive session of the allegations contained in this lawsuit” so as not to compromise the city’s legal position.

Committee members pressed for at least an acknowledgement from district leadership about how the matter will be handled and for a future agenda item. No formal vote or policy change was made at the meeting; members asked that the matter be placed on a future agenda for discussion of appropriate next steps.

The committee did, later in the evening, approve a motion to enter executive session for a range of items, including pending litigation and other bargaining matters; corporation counsel read the executive-session statutory citations during the open-meeting motion.

Why it matters: Committee members and parents framed the request as one of transparency and public trust. School committees must balance public disclosure with preserving legal defenses when a case is pending, and counsel’s advice to avoid public discussion is a common legal precaution.

What’s next: Committee members asked the chair and superintendent to place an item on a future agenda so members can receive a briefing on the status of the lawsuit and on any decisions about outside counsel.