Attorney: Nepotism policy not violated
Issue surrounds school board member's wife becoming a substitute
BY JENNIFER AMATO Staff Writer

NORTH BRUNSWICK - Although two former Board of Education members alleged that the school district's nepotism policy is being violated, the board attorney assured residents that all legal procedures are being followed.

The issue surrounds Susan Malvone, who is the wife of Board of Education member Neil Malvone, because she was hired as a substitute teacher at Judd Elementary School to be effective Jan. 11. The board approved the decision during its regular public meeting on Dec. 13.

Former board President Ann Casey said during public session that no member of the immediate family of a Board of Education representative can be employed by the district, unless he or she was already in the position at the time of election and was grandfathered in.

That is true, according to the nepotism policy, which was revised on May 3, 2006. While stating what Casey had paraphrased, the document also says that "this policy is not intended to apply to full- or part-time college or high school students or substitutes."

"When my wife was appointed by [Judd Principal] Barbara Gibbons to apply for a full-time substitute position, I contacted [attorney]Mr. [Anthony] Vignuolo to make sure my understanding of the nepotism policy was correct and to make sure the nepotism policy is clearly exemplified for a substitute teacher, so I never gave it a second thought about her interviewing and potentially getting the job," Neil Malvone said.

Malvone said his wife is state-certified at the elementary school level and has a degree, and has been a substitute in various school districts for the past seven years.

"Central office was not involved in this. It was entirely done by Barbara Gibbons at Judd School," he added.

However, Casey disagreed with the application of the policy in this circumstance, saying that on the 61st day of employment a substitute can receive benefits, which is different from a replacement being paid per diem, and that if the original teacher decides not to return to his or her position, the substitute can become full time.

"She should either be terminated or, if it is extended, it is in clear violation of your nepotism policy. And if this person is terminated, then I think we have done no service to the children in that classroom," she said.

On the other hand, Superintendent Brian Zychowski said that the principal chose a quality substitute to replace a quality teacher, and that the policy is not violated since the position is designated as, and will remain only as, a substitute position.

Vignuolo further said that the district's policy does not apply to substitute employment because a substitute is not defined as a one-day substitute or a full-year, contracted, long-term employee.

"There is no prohibition of long-term employment substitutes of family members any more than existing family members that are grandfathered in as is carved out of the North Brunswick policy," Vignuolo said.

The attorney did say that collective bargaining issues could exist because of the difference between a short-term and long-term sub, but that bargaining is not related to nepotism. He said Susan. Malvone would have no seniority, no tenure and no entitlement of future employment, thereby making her hiring legitimate.

However, former board member Rita Goldstein said that uncomfortable situations may arise, because school officials are put in a difficult position by such a decision. She said it could make parents, or even NeilMalvone, feel awkward at times.

Yet the nepotism policy also states that "Aboard member should not vote on an action of the board which will directly affect a member of his/her immediate family unless requested to do so by a majority of the members of the Board of Education, and only after full disclosure of the relationship has been made."

"If an issue arises that I need to abstain or recuse myself because my wife is a substitute teacher in the school, I will take the steps to not be involved in those issues," Neil Malvone said.

In addition, Casey and Goldstein chastised the panel, which they said prides itself on "transparency," for not including the item on the final agenda for the night and not making addendum copies available for residents prior to the beginning of the meeting. Casey said the issue was raised that morning at a community liaison meeting, so officials were aware of the parental concern.

"If a person had a concern about the vote, it wasn't there," Goldstein said.

However, Zychowski said the motion was originally taken off the agenda so that Vignoulo's legal advice could be sought, and current board President Claire Padovano said the prior closed session ran late, accounting for the lack of printed addendum copies because there was no time to print new copies before the regular public meeting that immediately followed. The addendum was read in its entirely before the vote during public session.