Contract not valid, BOE attorney says
BY PATRICIA A. MILLER Staff Writer

BRICK TOWNSHIP - The Board of Education did not violate any terms of employment when they moved to fire the interim superintendent back in May, the board attorney said.

"Our basic position is that Mr. Persi was an employee at will, meaning he could be terminated at any time, which the board did," Board of Education attorney Nicholas Montenegro said Monday.

Former interim Superintendent Melindo A. Persi filed suit against board President Daniel Woska and board members Virginia Reinhold, Michael F. Pifko, Kim Terebush and Vicky Leone early last month, following his sudden dismissal at the April 29 Board of Education meeting.

Persi contends in the suit that the defendants failed to abide by the terms of his contract by not providing him with 30 days' notice.

"That's assuming the contract is valid," Montenegro said. "Questions about his contract were discussed in executive session. The board did not approve his contract, they merely approved his hiring at $700 a day."

Montenegro said Persi is not entitled to a severance package because the contract signed by the board's thenpresident, Brian DeLuca, didn't reflect the terms of employment the board approved earlier.

"It was signed two and a half months after the board approved Mr. Persi as an interim superintendent," he said.

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 later appointed him on July 1, 2007, to replace Superintendent Thomas L. Seidenberger, who resigned to take a position in his home state of Pennsylvania.

Sage said he would push for a summary judgment on the matter, meaning a judge would decide the case.

"If it goes to trial, so be it," he said. "It's unfortunate for the taxpayers of Brick Township that their Board of Education has decided not to honor the contract terms they were bound by."

Montenegro said he plans to file responses to the suit later this week.

The district may attempt to recoup money from Persi, he said.

"We've gone through the pay records and found that with regard to expense money and payments, he basically was overpaid," Montenegro said. "We are going to seek reimbursement of $17,000."

Persi came to the April meeting not knowing a "deficient" Rice notice had been sent to him, but to a wrong address, Sage said.

"He nonetheless was there," Sage said. "But they never provided him with anything in writing, not even getting 30 days notice. He wasn't initially suing. But up to date they still haven't gotten anything in writing."

Sage said he considers Persi is still a district employee, "since they have never abided by the contract terms."

Persi was sent a Rice notice to his Florida address, which was signed for with the initials "M.P," Montenegro said.

Another notice was sent "as a courtesy" to Persi's Lavallette address, he said.

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 Terebush. The three new members were not sworn in until April 29, at the board's reorganization meeting.

The suit states that Woska directed the assistant board secretary to issue the Rice notice to Persi the week before the organization meeting, before he was selected as board president and without the knowledge or consent of then-board President Cynthia McCarthy or other board members.

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