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DKT HHD-14CV-5038194

GWENDOLYN SAMUEL
SHKEIA DICKERSON
LYNDA FAYE WILSON

SUPERIOR COURT
JUDICIAL DISTRICT OF HARTFORD

v
DANNEL P. MALLOY
STATE BOARD OF EDUCATION,
COMMISSIONER STEFAN PRYOR

NOVEMBER 6, 2014

OPPOSITION TO MOTION TO STRIKE


Plaintiff files this opposition to the motion to strike filed by Defendants on October 3,
2014. I.

Standard of Review

Because a motion to strike tests the legal sufficiency of the complaint, the court must
construe all pleaded facts in the light most favorable to the non-moving party. If facts that are
provable in the complaint would support a cause of action, the motion to strike must be denied."
Sullivan v. Lake Compounce Theme Park, Inc., 277 Conn. 113, 117-18 (2006).
II.

Argument
A.

Governor Malloy Was Obligated to Avoid Appointment of Any Individual


to the State Board of Education Who Would Have a Conflict of Interest

Under Title I of the Code of Ethics for Public Officials, 1-85 a public official,
including an elected state official, or state employee has an interest which is in substantial
conflict with the proper discharge of his duties or employment in the public interest and of his
responsibilities as prescribed in the laws of this state, if he has reason to believe or expect that
he, his spouse, a dependent child, or a business with which he is associated will derive a direct

monetary gain or suffer a direct monetary loss, as the case may be, by reason of his official
activity.
ORAL ARGUMENT IS REQUESTED
TESTIMONY IS NOT REQUIRED
By appointing Benham the Governor has placed someone on the State Department of
Education who has a direct conflict of interest. Her constituent organization, The American
Federation of Teachers, has used union dues to donate $10,000 to Malloys campaign via the
Connecticut Democratic State Central Committee and $250,000 to support Malloy through the
new Political Action Committee, Connecticut Forward PAC, which was created by the
Democratic Governors Association (DGA). The Democratic Governors Association also
donated $1.25 million to the Connecticut Forward PAC. There will be an inherent conflict
because Benham will not be able to exercise independent judgment in carrying out her official
duties as a member of the SDE. There appears to be a direct quid pro quo for the appointment of
Benham. That is, a seat of the board was obtained through the large financial contribution
provided to the governors re-election campaign.
B.

Governor Malloy Was Obligated to Appoint Members to the State


Department of Education without Giving Undue Influence to Any One Member

Connecticut families will not receive equal representation on the State Department of
Education as a consequence of this appointment. By this appointment Governor Malloy is
essentially is giving both the AFT affiliate and Benham (who is also a public employee) undue
influence over the quality of education provided to all children, especially those from poor and
minority backgrounds.
The AFT, along with the NEAs Connecticut unit, has worked hard to deny families lead
decision-making roles in Connecticut public education. Public records establish the direct efforts
of the Connecticut AFT three years ago to first stop passage of, then water down, the states first

Parent empowerment law also known as a Parent Trigger. This is about constitutional rights
being protected and equal representation for all education stakeholders.

III.

CONCLUSION

For the foregoing reasons, it is respectfully submitted that the motion to strike should be
denied.

PLAINTIFF
BY: ____________________________
Gwendolyn Samuel, PRO SE
53 Vine Street, Second Floor
Meriden, CT 06451
Tel: (203) 443-3203

CERTIFICATION
This is to certify that the foregoing Opposition to Motion to Strike was served on
November 6, 2014 via U. S. mail first class postage prepaid upon the following counsel of
record:

Ralph Urban, Assistant Attorney General


55 Elm Street, P. O. Box 120
Hartford, CT 06141-0120

______________________________
Gwendolyn Samuel

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