Seitz Contract and Possible Legal Action Dominate BOE Meeting

The Tuesday night rescinding of Superintendent LeRoy Seitz's contract was not on the agenda for the Thursday night Board of Education meeting, but it certainly was the main topic of the evening. With it came a question: What will Seitz do next?

Though there was no definitive answer, some signs point to the superintendent taking legal action--or, at the least, making sure he is seen in a position of strength.

A host of principals attended the meeting to show support for Seitz.

Judy Mayer, president of the Parsippany teacher's union, stood and praised the superintendent.

"Do you know what we've got?" she asked those assembled. "We have a very qualified superintendent who is doing an extraordinary job in this district."

Mayer said she believes it is crucial for Parsippany schools to keep an experienced hand on the rudder, one with an understanding of the district. She added that the need is especially great because of the retirements of Business Administrator Marlene Wendolowski, Director of Curriculum and Instruction Connie Donvito and Director of Personnel Matthew McGrath. (Wendolowski and Donvito have already departed; McGrath leaves in October.)

"The executive county superintendent forced the board into making these decisions," Mayer contended. "Okay. It's done. Now, let's see what compromise [the board] can come up with to keep Dr. Seitz here."

Board President Frank Calabria would not comment on the matter because of being "in litigation."

Seitz has retained legal representation in the form of Trenton attorney Andrew Babiak.

The weekend prior to the contract's voiding, Babiak sent a letter to Executive County Superintendent Kathleen Serafino and to Parsippany Board of Education leadership informing them that if the board took the "illegal action" of rescinding the contract, Seitz would file a petition with the education commissioner "to vindicate his rights."

"[S]ince the board did not non-renew Dr. Seitz's employment contract ... Dr. Seitz has been re-appointed by operation of N.J.S.A. 18A:17-20.1 to a new contract with a five-year term," the lawyer wrote.

Babiak refers to a New Jersey law that says a school superintendent is automatically re-appointed to the position under the same terms as the previous contract unless the board offers a new contract with different terms or provides notice of non-renewal in writing one yearprior to the contract’s termination.

After rescinding the contract on Tuesday, the board offered Seitz a 4 1/2 year deal that complies with Gov. Chris Christie's $175,000 salary cap.

Serafino maintained that the contract that would have paid Seitz up to $234,000 by 2015, which exceeded the cap, was invalid and illegal. She also stated that his previous contract, which paid Seitz about $212,000 per year, expired on June 30, 2011.

The executive county superintendent pressured the board into rescinding Seitz's contract by threatening members with, among other penalties, the loss of state aid to Parsippany schools and ethics charges.

Seitz told Patch that when he is ready, he will announce his next move in a press conference.

Some at the meeting say they're willing to let the superintendent go if it saves taxpayer dollars.

"Are we saying that the principals and teachers aren't capable of maintaining their schools if Dr. Seitz is gone? I'm sure they could do fine until we found a new superintendent," said Lake Hiawatha resident Pat Petaccia.

Petaccia, a longtime critic of the Seitz contract, doesn't believe the board "gets it."

She pointed to the resolution the board passed to void the superintedent's contract. Board sources say a few members were persuaded to vote for rescinding only when a handwritten clause was added indicating that the body disagreed with the executive county superintendent's criticism of the board's actions.

"They only voided that contract because they were threatened, not because it was the right thing to do," she said. "It seems they still refuse to acknowledge that they did something wrong."

On Wednesday, Seitz said the public would get to hear an explanation for an unexpected $5 million surplus projection during the Thursday meeting. The agenda for the gathering includes a notice that Ray Sarinelli of Nisivoccia and Co. would present results from an audit to explain "the generation of the 2010-11 surplus."

It didn't happen. The auditor's presentation on the projected surplus, due to a time crunch, will take place instead at the next Board of Education meeting, which is scheduled Aug. 25.

Instead, the board talked about Tuesday's Christie Administration announcement of additional state aid for municipalities across New Jersey. Parsippany is in line to receive an additional $1,256,153. The governor said he wants the money to be used for property tax relief .

The superintendent has come out in favor of splitting found monies between maintenance and capital reserve funds and tax relief.

In the case of the additional $1.25 million, any property tax relief would amount to $10 to $12 for the average homeowner with a home valued at about $310,000.

Seitz said the board had three options:

1. Spend the funds during the 2011-12 school year for any official purpose.
2. Carry the money forward to the 2012-13 budget and use it to offset property taxes for 2012-13 or 2013-14.
3. Allocate the additional funds fpr property tax relief immediately. This would require board action by July 19.

Some board members bristled at the notion of having to decide quickly.

Michael Strumolo complained about being asked to make a choice without being given adequate time to digest the material.

"I have a real problem with sitting on this dais and having this stuff dropped off every time there's a meeting. I just want this to stop," Strumolo said. "I want [information] brought to us in a timely fashion. I don't want these things brought in at the last minute. I don't want to vote on them at the last minute."

Seitz answered back. 

"On this particular issue, the additional surplus we received, we broguht it to you as soon as possible. We didn't have this information a month ago or two months ago or a week ago," he said. "The state was late in getting the information to us."

President Calabria told board members that they did not have to vote on apportioning the additional surplus right away.

"If you guys feel like you would like to wait, that's okay," he said, and the matter was taken off of the agenda.

After holding off from appointing committees in an effort to allow the public to see how board business is handled, Calabria announced that the process to distribute committee assignments is now underway. One new addition, he said, will be a communications committee dedicated to keeping information flowing between the board, its members and the public.

The president also officially introduced the district's new interium curriculum and instruction director, Ruth Ann Estler.