East Windsor Officials Ask For Legal Opinion About Board of Education's Claim of Authority to Use Excess Money

East Windsor officials are seeking a legal opinion from the town attorney about a long-running disagreement over the East Windsor Board of Education choosing to prepay $325,000 for health insurance.

The board of education’s attorney sent a letter to First Selectwoman Denise Menard and Board of Finance Chairman Jason Bowsza reiterating school officials’ position that they have the authority to spend the money.

The board of education onvoted to spend the money in fiscal 2011-12 to prepay health insurance in fiscal 2012-13. The money had to be encumbered, or committed to a payment, before June 30, officials said.

In the August letter, attorney Christine Chinni wrote that no town official has any authority to take possession of any monies previously appropriated to the board of education.

“I am writing o behalf of the BOE to inform you that, should any Town official seize any portion of the BOE’s funds used to prepay expenses for a subsequent fiscal year for any reason, the BOE will have no choice but to resort to legal action to force the Town to return the funds,” Chinni wrote.

Bowsza sent a letter to the board of education in July saying the board of finance intended to take action on August 15 supporting Town Treasurer Catherine Cabral's and the tow auditor's opinion that school officials couldn't spend money from one fiscal year in another.

Menard said the town attorney is doing research about the subject. She said she waited until all efforts were exhausted between town and school officials before seeking a legal opinion. The board of finance, at its August 15 meeting, referred the letter to the town attorney and the auditor.

“We’ll get a good opinion,” Menard said.