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June 12, 2008
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Former superintendent files lawsuit
Board violated contract, Sunshine Law, suit states

BRICK TOWNSHIP - Former Superintendent of Schools Melindo A Persi has filed suit against five Board of Educationmembers over his sudden dismissal last month.

The five board members include board President DanielWoska, Virginia Reinhold,Michael F. Pifko, Kim Terebush and Vicky Leone.

The board membership changed as a result of the April 15 school board elections. Board members Frank Pannucci, Edward McBride and Daniel Rosa were defeated by Leone, Pifko and Terebrush. The three new members were not sworn in until April 29, at the board's reorganization meeting.

The suit states thatWoska directed the assistant board secretary to issue a "Rice" notice to Persi the week before the reorganizationmeeting, before he was selected as board president and without the knowledge or consent of then board President Cynthia McCarthy or other board members.

The Rice notice was dated April 25 and was mailed to an incorrect address in Lavallette, according to the suit.

The board members then voted to replace Persi during the reorganization meeting with retired Assistant Superintendent Mary Ann Ceres to serve as interim superintendent.

The suit states that the defendants, including Woska, contacted Ceres roughly two weeks before the April 29 meeting and asked her to attend the meeting.

Woska told the Bulletin after themeeting that Ceres was contacted prior to the organization meeting to see if she would be interested in coming back for a short period.

"I thought about who in this community is most familiar with this district,"Woska said. "Obviously, Mrs. Ceres was one of the names that came into my head."

Woska could not be reached for comment on Monday about the lawsuit.

It also states that the defendants "surreptitiously" discussed removing Persi before the organization meeting, which violated the state's Open Public Meetings Act.

The suit contends that the defendants failed to adhere to the terms of Persi's contract by not providing him with proper written notice.

It also demands an order that Persi's contract is still in full force; that the board's decision to replace himbe vacated; that he be paid for past due and future compensation, that he be paid reasonable attorney's fees and costs of the suit; and that he be granted compensatory and punitive damages.

Persi began work in the Brick district on Nov. 15, 2006, when he was hired as the interim business administrator/board secretary.

He was later appointed interim board secretary on April 26, 2007, with a contract set to expire on June 30, 2008. The board appointed Persi as interim schools superintendent on July 1, 2007, to replace Thomas L. Seidenberger, who resigned to take a position in his home state of Pennsylvania.

Persi's contract called for himto stay on as superintendent through Nov. 1, 2008, at a rate of $700 per day.

The contract contained a clause that the agreement could be terminated by either party, upon 30 days written notice.

Persi's contract was later amended in October 2007 to keep him on until Nov. 20, 2008. Ocean County Superintendent of Schools Bruce Greenfield approved the extension on Oct. 24, 2007.