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 take action on the extension of the Interim Superintendent’s contract; and
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 matter, results in the lack of a quorum; and
WHEREAS, in order to vote on the above matter 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 extension of the Interim Superintendent’s contract, the Board hereby invokes the Doctrine of Necessity in order to vote on this matter.
2. This resolution shall be read at a public 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.