Persi firing could end up in court, attorney says BY PATRICIA A. MILLER Staff Writer BRICK TOWNSHIP- As far as Toms River lawyer Robert L. Shea is concerned, Melindo A. Persi is still the interim superintendent of schools, at least on paper. And the circumstances surrounding Persi's sudden ouster at the April 29 Board of Education meeting could end up in court, Shea said. Persi hired Shea last week to review his contract, which called for him to stay on as interim superintendent until November. "I'll be opening up a dialogue with the present board and the new attorney to determine whether his rights have been violated in terms of the contract," Shea said. "It could end up in litigation. The manner in which the termination took place is very highly suspect. It appears as though a decision was made by members who were not even sworn in yet." The board voted to replace Persi with former Brick school administrator Mary Ann Ceres. Board member Daniel Woska, who was selected as board president on April 29, said he contacted Ceres the Sunday prior to the meeting to ask if she would be interested in coming back for a short period. Woska said the decision to terminate Persi was a result of the April school elections. Three incumbents lost to three newcomers, who were sworn in at the April 29 board meeting. "It looks like the procedural manner in which this was handled was bungled right from the beginning," Shea said. "We will be making sure Mr. Persi's procedural rights have been duly followed. Then we will be addressing the contractual terms and conditions." Persi did receive a Rice notice, which informs an employee that the terms and conditions of employment were expected to be discussed at the meeting, less than 24 hours before the meeting, Shea said. Rice notices are usually sent by a school superintendent or assistant superintendent, Shea said. "Obviously, Mel wasn't sending a rice notice to himself," Shea said. "What's unusual is that the circumstances surrounding how that Rice notice even got out and who gave the authorization to Mr. Woska - who was yet to be made board president - to use a Rice notice." Persi's contract may still be in effect, Shea said. "There still could be substantial obligations owed by the township to Mr. Persi, until the procedural issues are addressed." Persi's first clue that he would be out of a job came the night of the board meeting, Shea said. "It was a pretty unusual procedure they followed," he said. "I'm still trying to figure out the logistics of how it occurred. Unless you are Houdini, how do you know what will happen ahead of time?" Persi would like to stay on until his contract expires in November, Shea said. "Or if not, follow the exact provisions of the contract as it relates to terminating it," he said. "Its our position they just were not followed. In my humble opinion, he's still the superintendent in Brick Township. At least on paper. He's entitled to his money from that." Persi declined to comment on the advice of his attorney.