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Carcieri aims to suspend law letting schools sue for funds

5:29 PM Fri, Feb 13, 2009 |
News staff    Email

By Katie Mulvaney
Journal staff writer

Contained in Governor Carcieri's plan to plug Rhode Island's multimillion-dollar budget gap is a proposal to suspend the law that empowers school districts to sue communities for more money.

The governor included a measure in his mid-year budget repair bill that would have a three-member panel settle financial disputes between cities and school districts in tough budget years -- not the courts.

Several communities are already considering taking their budget standoffs to court. The West Warwick School Committee authorized its lawyer to file suit against the town. Cranston's superintendent has said legal action seemed inevitable, but more recently he and the mayor indicated a willingness to work together. East Providence has already been in court, and Pawtucket school officials weighed filing suit just last week, but voted not to.

The governor's proposal would bar districts from suing cities or towns over budget issues in any fiscal year in which state aid has been cut. Instead, a town or school committee would petition the governor for relief.

That appeal would be heard by a three-member panel convened by the governor and consisting of the education commissioner; director of revenue; and auditor general, or their designees. The panel would develop a "corrective action plan" within 60 days that could include the suspension of contracts, including collective bargaining agreements.

The proposal comes as Carcieri hopes to slice $74 million in local aid to help close the growing deficit.

The Rhode Island Association of School Committees is forecasting those cuts, if passed, and the greater reductions expected in the next budget year, could spawn a dozen or so lawsuits as schools and towns face off over finances.


The governor's proposal has the backing of Superior Court Presiding Justice Joseph F. Rodgers Jr., who accuses school districts and towns of passing the buck.

"I don't think they belong in the courts at all. You don't just say 'You can't do it,' " Rodgers said. "We're not equipped. We're not financial experts."

The judicial system can't bear a dozen lawsuits, particularly as Superior Court is essentially down four judges due to retirements and an illness, he says.

More districts could follow, said Timothy Duffy, executive director of the Rhode Island Association of School Committees. He named North Providence and Burrillville, but declined to list other towns because talks are preliminary, he said.

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Comments

marcel said:

This proves that the Governor is bent on destroying unions and collective bargaining in this state. This is part of a plot by him and his CEO friends to continue to drive labor down so that they can make more money. For those of you who think that this is a good thing, just remember, you will be next. Instead of everyone making a decent wage and benefits, we will all be at the poverty level, then, of course, the CEO's can make bigger bonuses off of the misery of others.



brufire said:

Not a problem, an individual taxpayer still has he right to sue, no problem "Govnor" !!!!!!! And the same for you Judge "Rajha's" !




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