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 on the Doctrine of Necessity 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 (“Board) desires to discuss and vote upon a motion to amend the August 20, 2015 Memorandum of Agreement (“MOA”) reached between the Board and the Brick Township Administrators and Supervisors Association (“BTASA”) for a successor Collective Bargaining Agreement (“CBA”) covering the time period of July 1 2013 to June 30, 2017; and
WHEREAS, the Board Attorney has reviewed the State regulations and the advisory decisions of the Commission and determined board member conflicts prohibit five (5) members of the Board from voting on these matters; and
WHEREAS, the five (5) board member conflicts are as follows:
1. John Barton’s wife is a teacher in the school district and Mr. Barton is an NJEA member employed in another district;
2. Michael Conti’s wife is a teacher in the school district;
3. Frank Pannucci’s sister is a teacher in the school district;
4. Dr. Vito Gagliardi Sr.’s sister-in-law is a teacher aide in the school district; and
5. Sharon Cantillo’s niece is a teacher in the school district, which conflict recently became known as a result of the School Ethics Commission’s issuance of Advisory Opinion A09-15 on July 28, 2015.
WHEREAS, the Brick Township Board of Education currently consists of seven (7) board members; and
WHEREAS, the inability of the above five (5) listed board members to vote on the 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 five (5) 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 a Addendum to the Memorandum of Agreement between the Board and the BTASA for a successor CBA covering July 1, 2013 to June 30, 2017.
2. This resolution shall be read at a Regular meeting scheduled by the Board and be posted on the Board’s website for no less than thirty (30) days.
3. That a copy of this resolution shall be forwarded to the School Ethics Commission.