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

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 indictment of 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 5:09 p,m. September 29, 2015 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 - The Interim Superintendent recommends that the Board approve the following items.

  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 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  public meeting scheduled by the Board, 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 resolution authorizing the suspension of the District Superintendent without pay pending the disposition of the criminal charges set forth in an indictment handed up by the Ocean County Grand Jury on September 29, 2015, or until further action by the Board, pursuant to N.J.S.A. 18A:6-8.3; 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 Resolution suspending the District’s Superintendent without pay, effective September 29, 2015, pending the disposition of the criminal charges set forth in an indictment handed up by the Ocean County Grand Jury on September 29, 2015, or until further action by the Board, pursuant to N.J.S.A. 18A:6-8.3.

    2.      This resolution shall be read at the September 30, 2015 emergency 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.


  2. To ratify the suspension of the District Superintendent without pay, effective September 29, 2015, pending the disposition of the criminal charges set forth in the indictment handed up by the Ocean County Grand Jury on September 29, 2015, or until further action by the Board, pursuant to N.J.S.A. 18A:6-8.3.

     

BOARD COMMENT: HUMAN RESOURCES

  

PUBLIC COMMENT: HUMAN RESOURCES

 

BOARD COMMENT

 

PUBLIC COMMENT

 

CALENDAR

DATE

EVENT

TIME

October 22, 2015 Regular Meeting 7:00 PM  BTHS

ADJOURNMENT

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