EASTHAMPTON — A federal judge has dismissed a lawsuit filed by former Easthampton Public Schools superintendent candidate Vito J. Perrone, who lost the job offer in 2023 after using the word “ladies” in correspondence with two members of the School Committee, a salutation they deemed as a microaggression.
The lawsuit was filed in October 2024 at the U.S. District Court in Springfield, after the three-year contract offer worth $151,000 annually was rescinded. Specifically, the lawsuit alleges the Easthampton School Committee breached an employment contract, violated the covenant of good faith and fair dealing, and that the city, School Committee, former Easthampton Mayor Nicole LaChapelle, and School Committee members Cynthia Kwiecinski, Megan Harvey, Benjamin Hersey and Marin Goldstein deprived him of the right to procedural due process.
The lawsuit sought $300,000 in damages for loss of wages, loss of employment and retirement benefits, loss of employment opportunities and damage to reputation as well as humiliation, personal distress and the burden of litigation fees.
In ruling against Perrone last week, U.S. District Judge Mark G. Mastroianni cited the lack of a written agreement between the School Committee and Perrone with negotiations remaining verbal due to Perrone’s requests through email. Therefore, there was not a breach of employment contract, he ruled.
The Supreme Judicial Court has previously ruled that a school committee’s vote to extend a contract is not itself a source of an enforceable agreement. Additionally, Massachusetts’ version of the statute of frauds requires certain contracts be in writing and signed by the party against whom a breach is alleged.
Mastroianni wrote in his ruling that written and signed documents did not exist between Perrone and the city.
The city, Kwiecinski, Harvey, Goldstein and Hersey did not immediately respond to requests for comment about the ruling. Kwiecinski, LaChapelle and Goldstein are no longer on the School Committee, and Hersey resigned in May, according to School Committee meeting minutes.
Perrone is currently the superintendent of the Hampshire Regional School District, a position he began a year ago. The Westhampton resident also worked as assistant superintendent for West Springfield Public Schools, and was Easthampton High School principal and a coach for six years.
The controversy over his candidacy for superintendent in Easthampton took place in March 2023 when the School Committee verbally offered him the job on a 4-3 vote. Perrone verbally agreed to accept the job in a meeting with Kwiecinski, though contract negotiations would follow, according to Mastroianni.
After negotiations, Perrone sent an email to Kwiecinski and executive assistant of the School Committee at the time, Suzanne Colby, addressing the two as “Ladies” and asking for three changes to the contract: the salary would be negotiable for fiscal years 2025 and 2026 according to cost of living adjustments, an increase in vacation time from 26 to 30 days and sick time adjustments.
A week later, on March 30, School Committee meeting minutes state that Kwiecinski found the negotiations “unprofessional and dismissive,” which Goldstein, Harvey, Hersey and LaChapelle agreed with. Concerns also were expressed during the meeting about Perrone’s desired salary increases and the additional time off he requested.
The minutes state Kwiecinski was “terrified of his behavior,” that the committee did not want to hire “someone who needs to be chastised” and that she was surprised he didn’t recognize the term “ladies” as offensive.
At the meeting, the committee voted 5-1-1 to rescind the offer with one member abstaining to vote.
Perrone stated during this meeting that it was not his intent to be disrespectful, and that he did not perceive “ladies” to be an insult. He stated he has known and worked with Colby and did not think it would be insulting. He apologized, stating that he would never do that again, though the vote had already been made before he joined the meeting, according to minutes taken.
After the decision, which made national news, Perrone was shown support by teachers, students and advocates who felt the decision was a mistake.
After the offer was rescinded, former Worcester Public Schools Superintendent Maureen Binienda was hired as the interim superintendent in June 2023. In December last year, Michelle Balch was selected as the new superintendent of Easthampton Public Schools, recently starting the job on July 1.
One of the attorneys representing Perrone in this case, Jim Winston, declined comment on Monday.
Sam Ferland can be reached at sferland@gazettenet.com
