Superintendent of Manalapan-Englishtown Schools Faces Possible Legal Showdown Over Salary

The Superintendent of Manalapan-Englishtown schools, Dr. John J. Marciante Jr., is facing a possible salary showdown.

A legal battle could emerge if Marciante does not concede to the county and state officials who say that his salary must comply with the legislative cap on superintendents’ salaries that went into effect on Feb. 7.  Marciante’s three-year term commenced before the cap was in place.

During a Board of Education meeting on May 10, Dr. Marciante did not weigh in on the issue. Rather, he allowed Board Attorney Sanford Brown to explain the situation to the members.

According to Brown, the Board of Education is supposed to negotiate with the superintendent at the end of his term, but if there are no new terms and conditions, there is a “rollover.” Marciante, who became Superintendent in July 2007, saw his contract rollover in July 2010 amid the school funding crisis and the vast political changes that were coming out of Trenton.  

“So, the statute says that at the end of that term if you don’t have new terms or conditions, something rolls over. I have to say ‘something’ because Dr. Marciante would say all the terms and conditions roll over, but our county superintendent, on behalf of the state, is saying that it’s just the term [the three years] that rolls over and you have to renegotiate the terms and conditions,” explained Brown.  

Brown added that he believes Dr. Marciante’s case is unique.  

“My understanding from speaking to people up at the state level is that there may be approximately eight superintendents what we generically call ‘roll-over contracts.’ Dr. Marciante may be the only superintendent in the state whose rollover contract started before the cap,” Brown said.

During the meeting, Board President Michele Stipelman said that she wants the public to know that the Board of Education did try to negotiate the terms of the contract with Dr. Marciante in 2010, but the contract was left in limbo at the county level.

At that time, the the former executive Monmouth County superintendent, Carole K. Morris, was not renewed in her position in spring 2010 and a number of weeks passed before Joseph Passiment, who had been working as the county executive business administrator, was formally appointed to the vacancy by Governor Christie.  

Under Christie’s reform legislation, Dr. Marciante’s salary would be capped at $165,000. As it stands now, Marciante’s salary, if approved by the Board of Education, would total $166,415. Thus, the proposed salary exceeds the cap by $1,415.

During the discussion, the Board members took note of the fact that Dr. Marciante agreed to take a pay freeze last year at the request of the state.

Brown wrote a letter to Passiment on behalf of the Board asking for advisement on how they should interpret this roll-over contract. Passiment clearly stated that he interprets the law to mean that the salary and conditions that were part of the old contract do not roll over into the new term of reappointment. Brown read part of that letter to the Board members.

“It is my belief that the Board of Education must submit a contract for my approval that will adhere to those salary caps,” wrote Passiment.

“Mr. Passiment is saying on behalf of the [interim] commissioner [State Education Commissioner Christopher Cerf] that this is one of those exact instances where it’s not legal until he gives his blessing; and he won’t do it,” added Brown.

According to a report by NJ Spotlight, the governor has been clear that the county superintendents and the state are on the same page.

“The acting commissioner is on top of the issue and communicating on a regular basis with county superintendents about any attempt by school districts to take action that would circumvent the cap,” Christie said in a press conference in November.

“So if the Board votes for [the salary above the cap], it’s my opinion that it will be in direct disregard of however you interpret Mr. Passiment’s letter – whether or not it’s a mandate or strongly worded suggestion; I suppose we can debate about that,” Brown said. However, he also added that the board will probably find themselves in “hot water” with the state if they disobey the legislation.

Another unique aspect of this conflict is that Passiment is Marciante’s former co-worker. According to the News Transcript, Passiment had worked in the Manalapan-Englishtown school district for a total of 16 years. He was the business administrator when Marciante became superintendent on July 1, 2007 and left the following year for the county office.

If the Board of Education complies with the state’s guidelines, the $165,000 would be Marciante’s base salary. He could earn a bonus by accomplishing “measurable and attainable and educationally focused,” explained current business administrator Veronica Wolf. The achievement of these goals would also be subject to the approval of Passiment.

The Board members also asked Brown about the consequences of ignoring the warning. Brown said that if the Board approves a salary above cap, the state could withhold aid or file lawsuit against the county.

“This is really a case where, the big winner – and I hate to say it, Sandy (Brown) – are the lawyers. Because somewhere along the line, we’re going to either get sued by [the New Jersey Association of School Administrators], or we’re going to have to defend ourselves against the state,” Stipelman said.

The renegotiation could potentially spell trouble for school board members politically, a point which Christie acknowledged in February.

“If a school board wants to negotiate a larger salary, I guess that is their right to do,” Christie said in November 2010, according to NJ Spotlight. “But they would have to render that with the reaction of constituents, where some people might say they are trying to circumvent the cap.”

A conflict with the Manalapan-Englishtown district would just add to the list of Christie’s battles. Previously, he has fought with Parsippany-Troy Hills, Chatham, Hoboken and Long Hill, among other school districts.

The face-off between the governor and Parsippany- Troy Hills superintendent Leroy Seitz was especially contentious. Seitz retained his position with a salary above cap, and now the school district and the state are heading to court, .

Meanwhile, Christie has called a contract paying Seitz $220,000 "the definition of greed and arrogance.” The Morris County executive superintendent, Kathleen Serafino, had wanted Seitz’s salary contract lowered by $2,462.  

This may not seem like a lot of money in the long run when compared to the legal fees that will be incurred, but the Christie Administration insists that the state can save millions from the collective effect of the cap.

According to NJ.com, the NJASA, which represents 600 superintendents throughout the state, filed a lawsuit against Christie in January 2011, saying that the salary negotiations should be left to a discussion between the Superintendent and board of education; however, the caps still went into effect the following month. 

Public opinion polls have revealed that New Jerseyans side with the Governor’s reforms. According to the results of a Februay 2011 Quinnapiac poll, 68 percent of voters agree with Gov. Christie’s proposal to cap school superintendent salaries as a way of balancing the budget, while 25 percent of voters felt that he is wrongfully interfering.

The Board's discussion concluded with a unanimous vote to table discussion on Dr. Marciante’s salary pending the continued negotiations.

The Board voted to secure the positions of Assistant Superintendent Joanne Monroe and Business Administrator Veronica Wolf and other non-tenured positions, and approved tenure for a long list of teachers.

Board Member Joseph DePasquale arrived to the meeting after this discussion and did not participate in these votes. Board Members Annamarie Galante and James Mumolie were absent from the meeting.

More information on the salaries and steps of these various positions is available by downloading the May 13 meeting agenda from the Board of Education's Web site.