State Report Faults Board and Counsel
A state investigative agency has found that June hirings of top school administrators took place at a meeting that violated the Sunshine Law and that the board attorney took part in the hiring decision while not disclosing that the new chief school administrator was his client.
Assemblyman Jerry Green said Tuesday (Dec. 4, 2007) that he made the complaint that kicked off the investigation.
Attorney Raymond Hamlin referred to the report at the Nov. 20 school board meeting, but said he is appealing the findings. Plaintalker filed an Open Public Records Act request and reviewed the full report today (Dec. 4, 2007) at the board office.
The Office of Fiscal Accountability and Compliance within the state Department of Education looked into the matter after receiving the complaint. Investigators went to the district on August 14, 15 and 29 to review documents and meet with board members, the former and interim superintendents and the board attorney.
Investigators said the board gave inadequate notice for the June 8 emergency meeting at which members accepted the resignation of former Superintendent Paula Howard, hired Peter E. Carter of Delaware as interim superintendent and approved his recommendation to hire Michael Donow as interim board secretary/business administrator.
At the time, the district had been without a board secretary/business administrator since May 31 due to the resignation of Victor Demming. While the agency found that the board made a “reasonable determination” that an emergency situation existed, a legal notice for the Friday night meeting appeared only that day and only in one newspaper, not two as required by the Open Public Meetings Act.
However, because no one filed a complaint within 45 days, “Accordingly, the actions taken at this meeting prevail,” the report said.
But investigators found that failure to approve minutes from the public and executive sessions of the meeting did constitute a valid violation of the Sunshine Law.
In August, the agency found board minutes lacking from mid-May 2007 to the time of the investigation. The district subsequently produced minutes for all meetings except the June 8 emergency meeting.
Unapproved minutes taken by a board member and never approved by the board formed the basis for allegations that the board attorney recommended his client for appointment as interim superintendent without letting the public or the board know of the relationship.
Based on the unapproved minutes and statements from several board members, investigators found this scenario: Board member Martin Cox sought a list of retired superintendents from the New Jersey School Boards Association and got 93 names. Attempting to narrow it, he asked “some educational people” for their top-rated choices and Carter was mentioned several times.
The report said Hamlin called Carter on June 7 to ask whether he would be interested, and Cox spoke to him on June 8. The report said Cox spoke to other applicants, but their per diem rate was excessive and Carter was willing to take less.
While the board president and members saw the list, they did not verify whether Carter’s name was on it. When the agency obtained the list, Carter’s name was not on it.
Reached by phone Tuesday, Cox declined comment.
The report states Hamlin told the agency he gave Cox Carter’s name. According to the unapproved minutes, Hamlin and law firm partner Terry Ridley both vouched for Carter’s abilities.
“Mr. Hamlin recommended Mr. Carter to the board for the interim superintendent position. He is also representing Mr. Carter in a legal matter unrelated to the Plainfield School District,” the report states flatly, saying only the board president recalled being told of the previous relationship.
“This relationship should have been disclosed to the board and the public,” the report states.
Hamlin’s actions exceeded his role as general counsel and were beyond the scope of duties of an attorney, the agency found. Neither the labor counsel nor personnel counsel was consulted on the hiring process.
Besides making recommendations to the board on minutes and disclosure of Hamlin’s ties, the agency intended to forward the report to the New Jersey State Bar Association for investigation of possible ethics violations by Hamlin.
Hamlin said at the Nov. 20 meeting he planned to appeal all the findings.
Meanwhile, Carter, Donow and Interim Assistant Superintendent Walter Rusak are all leaving the district Dec. 31.
On June 19, the board approved Hamlin’s firm for all three legal roles, but the resolutions did not include any rate of compensation. Hunt, Hamlin & Ridley was approved as general counsel from July 1, 2007 to June 30, 2008. The firm was hired as labor counsel and Workman’s Compensation counsel through Sept. 30, 2007 while a permanent appointee was sought. But on Sept. 18, the two temporary appointments were extended to Oct. 31. No action has been taken since.
--Bernice Paglia
Assemblyman Jerry Green said Tuesday (Dec. 4, 2007) that he made the complaint that kicked off the investigation.
Attorney Raymond Hamlin referred to the report at the Nov. 20 school board meeting, but said he is appealing the findings. Plaintalker filed an Open Public Records Act request and reviewed the full report today (Dec. 4, 2007) at the board office.
The Office of Fiscal Accountability and Compliance within the state Department of Education looked into the matter after receiving the complaint. Investigators went to the district on August 14, 15 and 29 to review documents and meet with board members, the former and interim superintendents and the board attorney.
Investigators said the board gave inadequate notice for the June 8 emergency meeting at which members accepted the resignation of former Superintendent Paula Howard, hired Peter E. Carter of Delaware as interim superintendent and approved his recommendation to hire Michael Donow as interim board secretary/business administrator.
At the time, the district had been without a board secretary/business administrator since May 31 due to the resignation of Victor Demming. While the agency found that the board made a “reasonable determination” that an emergency situation existed, a legal notice for the Friday night meeting appeared only that day and only in one newspaper, not two as required by the Open Public Meetings Act.
However, because no one filed a complaint within 45 days, “Accordingly, the actions taken at this meeting prevail,” the report said.
But investigators found that failure to approve minutes from the public and executive sessions of the meeting did constitute a valid violation of the Sunshine Law.
In August, the agency found board minutes lacking from mid-May 2007 to the time of the investigation. The district subsequently produced minutes for all meetings except the June 8 emergency meeting.
Unapproved minutes taken by a board member and never approved by the board formed the basis for allegations that the board attorney recommended his client for appointment as interim superintendent without letting the public or the board know of the relationship.
Based on the unapproved minutes and statements from several board members, investigators found this scenario: Board member Martin Cox sought a list of retired superintendents from the New Jersey School Boards Association and got 93 names. Attempting to narrow it, he asked “some educational people” for their top-rated choices and Carter was mentioned several times.
The report said Hamlin called Carter on June 7 to ask whether he would be interested, and Cox spoke to him on June 8. The report said Cox spoke to other applicants, but their per diem rate was excessive and Carter was willing to take less.
While the board president and members saw the list, they did not verify whether Carter’s name was on it. When the agency obtained the list, Carter’s name was not on it.
Reached by phone Tuesday, Cox declined comment.
The report states Hamlin told the agency he gave Cox Carter’s name. According to the unapproved minutes, Hamlin and law firm partner Terry Ridley both vouched for Carter’s abilities.
“Mr. Hamlin recommended Mr. Carter to the board for the interim superintendent position. He is also representing Mr. Carter in a legal matter unrelated to the Plainfield School District,” the report states flatly, saying only the board president recalled being told of the previous relationship.
“This relationship should have been disclosed to the board and the public,” the report states.
Hamlin’s actions exceeded his role as general counsel and were beyond the scope of duties of an attorney, the agency found. Neither the labor counsel nor personnel counsel was consulted on the hiring process.
Besides making recommendations to the board on minutes and disclosure of Hamlin’s ties, the agency intended to forward the report to the New Jersey State Bar Association for investigation of possible ethics violations by Hamlin.
Hamlin said at the Nov. 20 meeting he planned to appeal all the findings.
Meanwhile, Carter, Donow and Interim Assistant Superintendent Walter Rusak are all leaving the district Dec. 31.
On June 19, the board approved Hamlin’s firm for all three legal roles, but the resolutions did not include any rate of compensation. Hunt, Hamlin & Ridley was approved as general counsel from July 1, 2007 to June 30, 2008. The firm was hired as labor counsel and Workman’s Compensation counsel through Sept. 30, 2007 while a permanent appointee was sought. But on Sept. 18, the two temporary appointments were extended to Oct. 31. No action has been taken since.
--Bernice Paglia
posted by Bernice at 5:15 PM
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