Diman school board hires Boston attorney to defend against Aubin lawsuit

FALL RIVER — The Diman school committee is being represented by Boston employment law attorney John Davis in the lawsuit filed against members by the superintendent.

The committee voted unanimously Friday to retain Davis to defend members against the claims laid out in the lawsuit, with Fall River representatives Renee Howayeck and Joan Menard absent.

At a special meeting of the Greater Fall River Vocational School District Committee, Davis, seated near Diman Regional Vocational Technical High School Superintendent-Director Thomas Aubin, highlighted his 38 years experience practicing law.

“I very frequently represent cities and towns and public officials school districts in matters involving employment, civil rights negligence and other school-related matters,” said Davis.

Aubin and 11 registered voters sued the district school committee in late February, about three months after a majority of members voted not to renew his three-year contract.

He claims the committee violated state Open Meeting Law by discussing his job performance behind closed doors during three executive sessions leading up to the non-renewal vote last year.

Aubin’s attorney, Philip Beauregard, said last week the discussions should have occurred in public. He said Aubin was denied his right to have an attorney present in the executive sessions if Aubin’s “character” or fitness for the job was being discussed.

The lawsuit also argues the school committee’s violated terms of Aubin’s contract by failing to directly notify him that it would not be renewed, and asks for a one-year extension of his tenure as superintendent.

Davis’ firm, Pierce, Davis and Perritano, was hired to defend the town of Rockland against a discrimination complaint filed by the former town administrator who was accused of inappropriate behavior during a sexual encounter on town property.

The district’s insurance policy will pay up to $100,000 of Davis’ fee to represent the district, according to Gregory Brilhante, the school committee’s long-term legal counsel.

Brilhante declined to answer when asked why he is not representing the committee in Aubin’s lawsuit.

“The case in is litigation and I can give no further comment,” he said.

Chairman Paul Jennings Monday deferred comment to Davis, who did not immediately return a request. Beauregard did not immediately return a request for comment.

Email Amanda Burke at aburke@heraldnews.com.