Mayor to BOE: Comply with State Order to Void Seitz Contract

Mayor James Barberio, in a rare schools-related public statement, is "imploring" the Parsippany Board of Education to abide by the state Department of Education's order to end the controversial contract of Parsippany Superintendent of Schools LeRoy Seitz or risk losing millions of dollars in school aid.

In a letter written to Board President Frank Calabria and Secretary Mark Resnick, Barberio said that if the board does not abide by the conditions set by County Exeuctive Superintendent Kathleeen Serafino, $3.6 million in state school aid could be lost.

"If you fail to promptly comply with Dr. Serafino's directives, you will have committed an enormous disservice to the people of Parsippany-Troy Hills by costing them $3 Million dollars," he said. "You will have also failed our kids by depriving them money that could be put to their use directly in the classroom."

Barberio said the township has stayed within property-tax caps set by Gov. Chris Christie and has abided by all salary laws. He praised the governor for being able to increase school aid during an economic downturn. 

"The governor did not increase our aid so that you could grant an illegal contract to [Seitz]. He increased our aid so that you could provide a better education for our children," said.

After the news that Seitz's contract, supposedly rescinded by the Parsippany school board in July, was still in effect and that Seitz was being paid $220,565—far in excess of the governor's mandated salary cap for superintendents—she gave the board until Nov. 10 to complete several actions:

1. Cut Seitz's salary to $177,500.
2. Use the remaining funds for curriculum and instruction.
3. Provide monthly reports to ensure that Seitz was not being overpaid.
4. Submit a revised contract for the superintendent that adheres to the Christie cap.

Calling these directives "fair and reasonable under the circumstances," Barberio said he had hoped the board would have complied in June, when Serafino first threatened the district over the contract.

But he said the situation should not have gotten to this point.

"This board should have never awarded Dr. Seitz a contract that you knew would exceed the legal limit set by the state," wrote the mayor.

The school board will meet at the Board of Education building Thursday at 7 p.m. to decide its next move. The meeting is public, however, board discussions will take place within a closed session. The body is expected to comply with Serafino's demands, which may lead to more legal action.

Last year, the board unsuccessfully attempted to sue the state for allegedly overstepping its authority in establishing the cap. Last month, Seitz filed a complaint with the state's education commissioner; Christopher Cerf sided with Serafino. And it is likely that a voiding of the agreement between the superintendent and the district may lead Seitz to sue the BOE for breach of contract.

Mayor Barberio wrote that while he enjoys the working relationship between the municipality and the schools, "when it comes to matters of the public purse, the lines of authority between school board and municipal government intersect. State law recognizes that fact by providing municipal governing bodies the legal authority to make budget adjustments to defeated school budgets."

The mayor said that authority is justified because local governments must consider a broad range of issues, whereas the school district concerns itself only with educational matters.

Note: An earlier typo indicated the BOE meeting would take place Tuesday; it is scheduled for Thursday, Nov. 3. Patch regrets the error.