Federal Bankruptcy Judge Frank J. Bailey has issued a preliminary ruling that the Central Falls School District is not part of the City of Central Falls. The Projo has the complete ruling available here.
Specifically, Judge Bailey rejected a request from Central Falls receiver Robert Flanders to issue a declaration "that the School District is part of the City and therefore, ipso facto, the collective bargaining process is within the Bankruptcy Court’s subject matter jurisdiction".
Judge Bailey's reasoning is that...
Though I am not predisposed to favor the outcome, I have to say that Judge Bailey's reasoning is pretty solid, given the Constitutional structure of Rhode Island government and the laws that have been passed under it. This ruling also strongly suggests that it is only Central Falls' school district that is part of the state, at least until such time as other municipalities begin holding local referenda to wipe out their school committees (though I'm not sure how the regional districts cleanly fit in to all of this).
There are still some process hurdles to be cleared, but where this is likely leading to the bankruptcy court also rejecting a second item that Receiver Flanders asked for a ruling on, "that the Receiver has the power under the Fiscal Stability Act to act on behalf of the City relative to collective bargaining with the Union".
Judge Bailey's decision appears soundly reasoned.
His conclusions, however, lead to some other questions.
If the Board of Trustees are really a state board and not a municipal one, then are they properly constituted?
Art. IX, sec. 5 vests appointment power over such boards in the Governor.
If the Superintendent is not a municipal official, but instead an "inferior officer" of the state, then, again pursuant to Art. IX, sec. 5, the appointment cannot be made by the Trustees but must be filled by the Governor, with advice and consent.
Posted by: brassband at March 24, 2012 2:33 PM