Board of Ed. Attorney
Derlys Gutierrez

PERTH AMBOY – Board of Education Attorney Derlys Gutierrez addressed the Board Members at the 3/6/14 BOE Meeting on rules of the Code of Ethics. She wanted to make sure that they understood how to avoid any ethics violations during their meetings. This included how and when Board Members should abstain when voting on agenda items that may be a conflict of interest on their part.

Conflicts of interest would not only apply to Regular BOE Meetings. Presenting yourself in the capacity as a BOE Member at a private meeting involving School Personnel matters can be questionable.

Also included is how they should proceed when making statements that could be inflammatory to each other or to the public.

For each item that the Attorney spoke about, she gave an example. City employees that are Board Members need to be especially careful.

At the end of the Attorney’s lengthy presentation, one of the Board Members skirted one of the ethic issues. Board Member William Ortiz read a letter that was on his cell phone. This letter pertained to a meeting at the Richardson School that was cancelled by Acting Superintendent Dr. Vivian Rodriguez.

Letters were sent to Board Members requesting their presence at this meeting which was to take place on 2/26/14 at the Richardson School. It was indicated that this meeting’s purpose was in regards to the posting of the Principal’s position at the Richardson School. Supporters of Acting Principal Karen Moffatt felt that Moffatt should be appointed the permanent Principal.

They wanted the Board Members to hear their concerns about why this position was posted.

Dr. Rodriguez was invited to this meeting but cancelled it an hour prior to it taking place.

At the 3/6/14 Board Meeting Dr. Rodriguez explained that the meeting at the Richardson School was in violation of the Open Public Meetings Act. Board Members in attendance would have been in violation of the Act.

Board Members Maria Garcia and William Ortiz were not satisfied with Dr. Rodriguez’ answer.

Board Member Sam Lebreault who is the Chair of the Personnel Committee stated, “The Superintendent had to give us approval for the meeting at the Richardson School. The Staff (of the Richardson School) wanted to discuss personnel matters, but it should only have been with the Personnel Committee (Board Members). “I contacted the Superintendent and our Board President. I was looking forward to this meeting (Richardson School). But it was out of the boundaries and a possible violation of the Open Public Meetings Act.”

A Richardson School Teacher said, “Dr. Rodriguez confirmed that she would be attending the 2/26/14 meeting. Our NJS scores improved at our school. We wanted to highlight what we are doing. The staff rearranged their schedules to attend. Then the meeting was cancelled one hour before it was supposed to start. We are having a meeting on 3/19/14 at 2 p.m. and I am inviting you (Dr. Rodriguez) and the Board Members (Lebrault, Ortiz, Gonzalez and Garcia) to attend.”