Board Members Maria Garcia and William Ortiz drill the Interim Superintendent on hiring procedures. *Photos by Katherine Massopust
By Katherine Massopust –
PERTH AMBOY – At the 7/24/14 Board of Education Meeting Board Members Maria Garcia and William Ortiz questioned the Board on the hiring of certain individuals, especially the hiring of a new Director of Personnel and Evaluation replacing the position of HR Manager. This position was newly created to correspond with State mandates and a cause for controversy at the Meeting. Oritz and Garcia felt that the former HR Manager did not receive a fair shake at the job. On the Addendum which was a late addition to the Agenda was the hiring of Dr. Debra J. Sheard as Director of Personnel & Evaluation.
Board Member William Ortiz drilled Interim Superintendent Dr. Vivian Rodriguez on this matter. “For every other job posted, it was done for 10 days. This particular job was posted for 28 days. That’s almost three times the usual amount of days. Why did it take so long?”
Rodriguez answered, “It’s a very important position.”
Ortiz asked, “How many candidates were interviewed?”
Rodriguez answered, “I can’t recall.”
Ortiz asked, “How many times did you interview the candidate?”
Rodriguez answered, “Two times.”
Ortiz continued drilling Rodriguez, “When was the candidate first interviewed?”
Rodriguez answered, “I can’t recall. I was on vacation. I came back.”
Ortiz asked, “When did you get back?”
Rodriguez answered, “I’m not sure. I think it was July 15th. I interviewed the candidate with an Administrative Assistant from HR. I don’t remember what date.”
“She never applied until the 17th. The job listing ended the day she applied. She didn’t complete the application until the 18th. She was interviewed before she applied for the job. I believe that is illegal,” Ortiz insisted.
“I am asking you to hire this individual,” Rodriguez answered
The Board Attorney then stated, “A motion to table must come forward. There is no debate.”
Board Member Ortiz then motioned to table the hiring of the position; Garcia Seconded. Board Members Dianne Roman, William Ortiz and Maria Garcia voted “yes.” Board Members Milady Tejada, Ken Puccio, Sam Lebreault, Anthony Bermudez, Israel Varela and Obi Gonzalez voted “no.” Motion does not pass.”
Ortiz continued, “We are voting on a person – that is against the law.”
Stern said, “The Board President has a right to close the debate.”
Ortiz continued, “We do not live in a dictatorship.”
Board Member Maria Garcia added, “This is a very important job. We need to debate this. We should allow people to debate to come to the right decision. We need to debate.”
Ortiz insisted, “The Personnel Committee drops it in (the agenda) the day before. It’s disturbing that the Board wants to constrict me. Everyone gets 10 minutes to debate,” citing Robert’s Rules.
Board Attorney Stern said, “The Board is not bound by Robert’s Rules of Order.”
PERTH AMBOY – Board Vice President Israel Varela (L) and Board President Obi Gonzalez listen as Attorney Philip Stern advises the Board.
Rodriguez then read from a prepared statement. The following are some of the excerpts from the prepared statement: “The district is going in a different direction. By 2015-2016 we will be required to have an evaluation system. The Superintendent of Schools is clearly committed to the role for providing feedback. We will monitor the value of principles and ideals.” Then she added, “I believe we have done a good search and have an excellent candidate before us. We have a committee achieving in place including a Director of Personnel. It has been a collaborative community effort district wide. The person recommended has certification and has worked behind the field in the trenches. I hope the public and Board understands the direction we take. I believe I have given you the correct information and presented it to the Board. I must respectfully disagree to your line of questioning, Mr. Oritz. I believe we have done a good search and have an excellent candidate before us.”
Board Member William Ortiz stated, “Questioning the Superintendent does not constitute a debate. We are voting on a person that is against the law. I have to be fair. I will bring action. We do not live in a dictatorship.”
Stern answered, “The Board is not bound by all of Robert’s Rules of Order. Robert’s Rules can offer help. Robert’s Rules cannot be used as a means to filibuster. The Board is bound by their by-laws. There is respect for the office of Board President and the Superintendent of Schools.”
Ortiz said, “The Board does not follow the rules.”
Stern answered, “Your opinion is on the record. 10-142 regarding any matter involving employment or terms of employment. Anyone who applies for a job must be discussed in closed session as to not debate someone’s reputation in public.”
Board Member Maria Garcia then asked for a vote to go to closed session to discuss the matter in private. Ortiz seconded it. Only Maria Garcia and William Ortiz voted “yes” with everyone else voting “no.” Motion did not pass.
Board Member Anthony Bermudez asked for a vote to close this discussion. Board Members Dianne Roman, Maria Garcia and William Ortiz voted “no” while Board Members Milady Tejada, Ken Puccio, Sam Lebreault, Anthony Bermudez, Israel Varela and Obi Gonzalez voted “yes.” The motion passed and the debate was closed.
On item 14 D of the Addendum regarding the hiring of Dr. Debra J. Sheard, Director of Personnel & Evaluation from August 1, 2014 to June 30, 2015 at a pro-rated salary of $120,000.00 Standard: School Administrator COE: Principal (new position): the vote went as follows Voting “no” were Dianne Roman, William Ortiz and Maria Garcia. Voting “yes” were Milady Tejada, Ken Puccio, Sam Lebreault, Anthony Bermudez, Israel Varela and Obi Gonzalez. Motion passes.
During the public portion, Charles Simmons, the fiancé of Bernice Marshall, the former HR Manager of the Perth Amboy Board of Education spoke at the podium. He addressed the Board outraged, “Write letters to anyone. There is lack of quality leadership. I hope the State comes and takes over. Perth Amboy Board Members – it’s a joke! You got rid of a perfectly good HR Manager. You had a candidate with 100% compliancy in Bernice Marshall. You are guilty of nepotism. You’re systematically not getting rid of Hispanic employees. Some lawsuits have been filed against the Board. You have a puppet in Dr. Vivian Rodriguez. How can you not remember when you came back from vacation? As Mr. Oritz said – what you say is correct – the Board has no right to reprimand. The Board are intellectual misfits and educated dummies. Everything is not said here. More will be said in court!”
