PLEASE NOTE THAT AGENDAS ARE SUBJECT TO CHANGE UNTIL THE TIME OF THE BOARD MEETING

 

OPEN MEETING

Call to Order, Salute to the Flag and Moment of Silence

ROLL CALL

 

OPEN PUBLIC MEETINGS ACT NOTICE

OPEN PUBLIC MEETING ACT STATEMENT EMERGENCY MEETING

In accordance with chapter 231 of the Public Laws of 1975, entitled the “Open Public Meetings Act”, adequate notice of this meeting was not provided due the unforeseen necessity to deal with an emergency arising out of the criminal charges filed against the District’s Superintendent.  Any delay for the purpose of providing adequate notice would likely result in substantial harm to the public, specifically the management of the District, and therefore, emergency notice was given pursuant to N.J.S.A. 10:4-9b(3) at 6:10 p,m. today by notifying the Asbury Park Press, Star Ledger and Brick Times of the time, date, location and the agenda for this meeting, and by posting the written notice of this meeting on the Administration Office Bulletin Board, the Official District Website, and the Municipal Clerk’s Office.  The meeting will be limited to discussion of and action on this urgent matter.

HUMAN RESOURCES

  1.  

    RESOLUTION OF THE BRICK TOWNSHIP

    BOARD OF EDUCATION, COUNTY OF OCEAN,

    STATE OF NEW JERSEY, INVOKING THE

    DOCTRINE OF NECESSITY

    WHEREAS, the School Ethics Act, N.J.S.A. 18A:12-21 et seq., was enacted by the New Jersey State Legislature to ensure and preserve public confidence in school board members and school administrators, and to provide specific ethical standards to guide their conduct; and

    WHEREAS, questions arose regarding how a Board should invoke the Doctrine of Necessity when a quorum of a Board of Education has conflicts of interest on a matter required to be voted upon; and

    WHEREAS, the School Ethics Commission (“Commission”) provided guidance in Public Advisory Opinion A03-9 (April 1, 1998); and

    WHEREAS, the opinion sets forth that, when it is necessary for a Board to invoke the Doctrine of Necessity, the Board should state publicly that it is doing so, the reason that such action is necessary, and the specific nature of the conflicts of interest; and

    WHEREAS, the School Ethics Commission, by resolution dated February 25,2003, clarified and required a Board of Education invoking the Doctrine of Necessity to adopt a resolution setting forth that the Board is invoking the Doctrine, the reason for doing so, and the specific nature of the conflicts of interest; and

    WHEREAS, the School Ethics Commission further directed Boards of Education that invoke the Doctrine to read the resolution at a regularly scheduled public meeting, post it where it posts public notices for thirty (30) days, and provide the Commission with a copy; and

    WHEREAS, the State Department of Education promulgated N.J.A.C. 6A:23A-

    6.2, which places additional standards and restrictions upon the ability of a board member to vote

    on a particular issue; and

    WHEREAS, the Brick Township Board of Education desires to vote upon the following items: 

    ·         Suspension of District Superintendent with pay pending disposition of criminal charges, or until further action by the Board, pursuant to N.J.S.A. 18A:6-8.3.

    ·         Appointment of Acting/Interim Superintendent to replace the suspended Superintendent.

    WHEREAS, the Board Attorney has reviewed the State regulations and the advisory decisions of the Commission and determined board member conflicts prohibit three members of the Board from voting on these matters; and

    WHEREAS, the three board member conflicts are as follows:

    1. John Barton’s wife is a teacher in the school district;

    2. Michael Conti’s wife is a teacher in the school district; and

    3. Frank Pannucci’s sister is a teacher in the school district

    WHEREAS, Brick Township Board of Education currently consists of six (6) members due to a vacancy; and

    WHEREAS, the inability of the these board members to vote on above matters, results in the lack of a quorum; and

    WHEREAS, in order to vote on the above matters the Board desires to invoke the Doctrine of Necessity, in accordance with the procedures established by the Commission.

    NOW, THEREFORE, BE IT RESOLVED, by the Brick Township Board of Education, County of Ocean, State of New Jersey, as follows:

    1.         As the three Board members listed above are prohibited from voting on the matters set forth above, the Board hereby invokes the Doctrine of Necessity in order to vote on these matters.

    2.         This resolution shall be read at an Emergency meeting scheduled by the Board and be posted on the Board’s website.

    3.         That a copy of this resolution shall be forwarded to the School Ethics Commission.

  2. To approve the Suspension of District Superintendent, Walter Uszenski, with pay pending disposition of criminal charges, or until further action by the Board, pursuant to N.J.S.A. 18A:6-8.3

  3. To approve the appointment of _____________Acting/Interim Superintendent to replace the suspended Superintendent. 

BOARD COMMENT: HUMAN RESOURCES

  

PUBLIC COMMENT: HUMAN RESOURCES

 

BOARD COMMENT

 

PUBLIC COMMENT

 

ADJOURNMENT

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