Former Brookfield Superintendent Sues for Wrongful Termination

A former superintendent held responsible for the Brookfield school district's $1.2 million overspending is suing the board for wrongful termination.

Anthony Bivona was fired in 2014 after independent auditors found the district had overspent and mishandled bill payments over the course of several years.

According to a lawsuit filed Aug. 18, business manager Arthur Colley was responsible for the town budget and would "push" expenditures to the following fiscal year.

Colley resigned in October 2014 and was arrested in March 2015 on charges of larceny and forgery.

Bivona's lawsuit argues that the town never failed to approve Colley's monthly budgets until a new accounting firm hired in October 2013 took over the town's yearly audits.

Both Bivona and the board of education were "unaware of Colley's practices" up until that point, and even after Colley resigned, "neither the plaintiff nor the defendant knew Colley might also have engaged in criminal activities," the lawsuit alleges.

According to the suit, Colley reported to both Bivona and the board of education. The board's Business and Facilities Committee reviewed Colley's monthly financial reports.

"There was no time during the plaintiff’s seven-year tenure as superintendent that the Business and Facilities Committee failed to endorse Colley’s monthly budget and to forward it to the full board for approval, and the defendant approved every one of them," the lawsuit alleges.

After Colley resigned, Bivona helped balance the budget. The school district ended the 2014 fiscal year with a surplus, according to the lawsuit.

The suit claims the board of education "secretly made a decision to fire Bivona" in violation of his contract, "even though Bivona had discharged his responsibilities satisfactorily."

Bivona asked the board to hold his termination hearing in executive session, but the board declined, "in reckless disregard" for Bivona's professional reputation, according to the lawsuit, which claims the hearing was also "wrought with procedural irregularities."

As a result, the board caused "severe damage" to Bivona's career and reputation, as well as emotional stress, according to the lawsuit. Bivona is suing for more than $15,000 in damages.

NBC Connecticut has reached out to the Brookfield first selectman and board of education chairmen for comment on the lawsuit.

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