STATE OF CONNECTICUT

SUPERIOR COURT
RETURN DATE:

February 16,2016

NEW HAVEN BOARD OF ALDERS,

Plaintiff,

JUDICIAL DISTRICT OF
NEW HAVEN
at NEW HAVEN

v.

DAISY GONZALEZ,
NEW HAVEN BOARD OF EDUCATION,
Defendants.

JANUARY 26, 2016

VERIFIED COMPLAINT
1.

Despite the fact that the New Haven City Charter mandates a Board of Education of

no more than seven members, and despite the fact that the New Haven Board of Alders has
declared the term of one Board of Education member, Daisy Gonzalez, expired, in order to bring
the Board of Education's composition into compliance with local law, the Board of Education
continues operate with eight (8) members, and recognize Ms. Gonzalez, and Ms. Gonzalez
continues to serve, as a member of the Board of Education. The Board of Alders seeks injunctive
relief by way of a quo warranto action removing Ms. Gonzalez from the office she unlawfully
occupies, and injunctive relief against the Board of Education to prohibit it from regarding her as a
member of the Board of Education at any future meetings or acting with eight members.

THE PARTIES
2.

The New Haven Board of Alders is the principal legislative body of the City of

New Haven, and is composed of members serving fixed terms elected by electors residing in the
City of New Haven. The powers of the Board of Alders are specified by municipal charter and
state law.
3.

The New Haven Board of Education is the City of New Haven's final authority and
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policymaker regarding the city's public schools except for budgetary and multi-year contractual
issues, which are under aegis of the Board of Alders. It is currently composed of appointed
members serving fixed terms of four years and two elected members, one serving a term of one
year and one serving a term of two years. Two non-voting student members are elected to two-year
terms. The powers of the Board of Education are specified by municipal charter and state law.
4.

Daisy Gonzalez was, until December 31,2015, an appointed member of the New

Haven Board of Education. She currently still holds the position and is recognized to be a full
member of the Board of Education by Board of Education.

FACTUAL BACKGROUND
5.

The manner in which members of the Board of Education are selected is specified

in the New Haven City Charter.

6.

By way of a Charter Revision approved by New Haven voters in 2013, and in full

force and effect as of January 1,2014, the Board of Education is to consist of seven members, five
of whom are to be appointed by the Mayor, subject to approval of the Board of Alders. The
remaining two members of the Board of Education are to be selected by popular vote by district.
7.

The aforesaid revision to the Charter reduced the size of the Board of Education

from eight members to seven members.

8.

Mayor Toni Harp nominated Daisy Gonzalez to a four-year term on the Board of

Education by way of a letter to the Board of Alders dated August 25, 2014, referencing the 1993
Charter. In that letter, Mayor Harp requested that Ms. Gonzalez be reappointed for a term to expire
December 31, 2018.
9.

The Board of Alders approved the reappointment of Ms. Gonzalez on October 20,

2014 by way of Order LM 2014-0504.

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10.

It thereafter becoming apparent that Ms. Gonzalez's reappointment would result in

a board consisting of eight, rather than seven, members after January 1,2016, the Board of Alders
revised the reappointment of Ms. Gonzalez, in an order approved by the Board of Alders on
December 21,2015. Pursuant to the New Haven Charter that order became law, in the absence of a
mayoral signature, on January 8, 2016. The revised order called for the expiration of Ms.
Gonzalez's term on December 31, 2015.
II.

Ms. Gonzalez and the Board of Education have been provided with notice of the

Board of Alders's order calling for the expiration of Ms. Gonzalez's term on December 31, 2015.
12.

The Board of Education and Ms. Gonzalez refuse to obey the order ofthe Board of

Alders, regarding it as null and void, and asserting that Ms. Gonzalez has the right, under the City
Charter, to serve out the balance ofthe term to which she was appointed, to wit: until December
31,2018.
13.

Ms. Gonzalez and the Board of Education have announced their intention to permit

Ms. Gonzalez to serve as a full member of the Board of Education, thus resulting in a Board of
Education with more members than allowed by law, and in defiance of the Board of Alders.

QUO WARRANTO
14.

The plaintiff is likely to prevail on its claim that Ms. Gonzalez unlawfully occupies

a position on the Board of Education.

15.

The plaintiff has no other speedy and adequate remedy at law.

16,

The plaintiff, and the citizens of the City of New Haven whom they represent, will

suffer irreparable harm in Ms. Gonzalez is permitted to remain on the Board of Education in
defiance of the City'S fundamental law, as expressed in the Charter.
17.

The plaintiff has made no prior application for relief.

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WHEREFORE, the plaintiff seeks relief as follows:

A.

A declaratory ruling stating that Ms. Gonzalez unlawfully occupies a

position on the Board of Education;

B.

Injunctive relief barring Ms. Gonzalez from exercising the duties and
responsibilities of a member of the Board of Education;

C.

Injunctive relief preventing the Board of Education from approving, or

otherwise recognizing, Ms. Gonzalez as a member of the Board of
Education;

D.

Injunctive relief barring the Board of Education from acting with eight
members;

E.

A declaratory ruling stating that the Board of Education's composition of

eight members is unlawful; and

F.

Such other relief as this Court deems appropriate under law and equity.

On Behalf of New Haven Board of Alders

Personally appeared before me and subscribed under oath the truth of the matters in the
Verified Complaint this 26 th day of January, 2016 at New Haven, Connecticut.

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My Commission Expires: 9/30/20

THE PLAINTIFFS
NEW HAYEN BOARD OF ALDERS

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