Politics & Government

Executive County Superintendent Declares Seitz Contract Invalid

The state is giving the BOE one more chance to give the school superintendent a legal pact that meets the governor's salary cap.

Executive County Superintendent Kathleen Serafino has declared Parsippany's school superintendent is working without a valid contract.

The township's school district will suffer numerous penalties—including the loss of state education funds—if the current, invalid pact isn't rescinded and replaced by a new contract that complies with Gov. Christie's superintendent salary cap by July 8.

Serafino's statement comes after a State Appellate Court dismissed last month the Parsippany Board of Education's lawsuit against the state over the contract.

Find out what's happening in Parsippanywith free, real-time updates from Patch.

The board spent much of the last school year in conflict with the state over the amount it wanted to pay to Superintendent LeRoy Seitz. Finally, in order to get Serafino's approval of the 2011-12 school budget, the board offered a contract that put the difference between Christie's cap and what the board agreed to pay Seitz into a special account pending the outcome of its lawsuit against the state of New Jersey.

With the lawsuit's dismissal, what remained was the contract that would raise Seitz's salary from $212,000 to $216,000 this year and to $234,000 by 2015—and that violates Christie's $175,000 superintendent salary cap. 

Find out what's happening in Parsippanywith free, real-time updates from Patch.

"There is not a legally approved and executed contract for superintendent in effect between the Parsippany-Troy Hills Board of Education and a superintendent, Dr. LeRoy Seitz," Serafino wrote in a letter to the board. "As you are aware, my office has never approved the proposed contract that was  adopted by a vote of the board on Nov. 9, 2010, and which was then improperly executed by the board and Dr. Seitz."

Serafino's letter—sent to Patch by the state Department of Education—continues, noting that under state law, the board has no right to execute a contract without getting approval from the executive county superintendent.

"Unfortunately, the board and Dr. Seitz have chosen to disregard the law, and have acted to execute the unapproved, and therefore invalid contract," the letter continues. "As Dr. Seitz's contract expired on June 30, 2011, as of today there is no contract in place for Dr. Seitz, and if the board allows Dr. Seitz to continue as superintendent pursuant to the invalid contract, then the board will be acting outside the scope of the law."

Serafino said the board must rescind the contract by July 8. If it wishes to keep Seitz as superintendent, a new contract—one that abides by the governor's salary cap of $175,000 (with a possibility for a merit bonus)—must be submitted to the county superintendent for approval.

The letter goes on to say that this offer is a "courtesy" and is "the final time the board will be given an opportunity to remedy its misconduct."

If the BOE refuses to comply, Serafino said numerous actions, including the following, will occur:

  1. The New Jersey education commissioner will direct the treasurer to withhold funds payable by the state from the Parsippany school district.
  2. The executive county superintendent will file a complaint against the board and Dr. Seitz with the School Ethics Commission.
  3. The education commissioner will recommend that the State Board of Examiners revoke Seitz's certification.

Board President Frank Calabria told Patch that while he had not yet read the letter, he had heard its contents. Calabria said he intends to hold a special board meeting next Wednesday to allow the BOE to decide how it wishes to proceed.

Seitz did not respond to a message seeking comment.


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