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No Attorney Appointment Made as School Board Reorganizes

Motion tabled until Tuesday after some expressed concern with appointment process

Toms River's Board of Education finished its sometimes heated first meeting of the year without a board attorney present, just as it began. 

After winning a majority on the board, the "Clean Slate" members have enough votes to oust board attorney Thomas Monahan, something they tried to accomplish — but fell short of by two votes — when his contract was last up for renewal in 2011. Monahan, of the firm Gilmore and Monahan, has served the board for more than 20 years.

Though an initial agenda set aside two hours of an executive session intended for board members to interview eight prospective attorneys, that time was removed from the final agenda Thursday night. 

"It smacks of an Open Public Meetings Act violation," said board member Michael Jedziniak. "I'd hate to see the three new board members start out the year violating the law," Jedziniak said, referring to "Clean Slate" newcomers Ginny Rhine, Joseph Torrone and Gidalty "Gigi" Esparza.

"It's my opinion that this process has been tainted," Jedziniak said before making a motion to table the appointment and hold the originally scheduled interviews at another special meeting. 

The motion failed, as the six "Clean Slate" board members voted against it. Then residents were given the opportunity to speak. 

"I hope you're as insulted as I am," Carol Benson said, addressing her comments to Superintendent of Schools Frank Roselli. "I find it totally unacceptable what the six board members have done."

Benson said that the candidates campaigned on bringing more transparency to the school district that had been rocked by the Michael Ritacco scandal

"And you're not doing that. You should be ashamed of yourselves, and I'm ashamed that I voted for you," she said.

Another resident came to the microphone and called the members "an absolute disgrace." 

After public comment, Jedziniak reintroduced the motion to table the appointment. 

Ben Giovine, a "Clean Slate" candidate elected by his peers as board president Thursday night, said that he did not want to jeopardize the "good work" done by board members in seeking transparency over what he called a "misunderstanding" about the executive session and attorney interview process. 

A second motion was voted against by Loreen Torrone, Joseph Torrone and Esparza, but Giovine, Rhine and Pavliv changed their votes and it was tabled. Board members now will appoint their attorney and labor attorney at 5:30 p.m. Tuesday, Jan. 8 at High School North. 

Monahan, who was expected to appear at the Thursday meeting but did not show, had his contract extended through that date to ensure the board will have an attorney present until a permanent appointment is made.

Earlier in the meeting, board member Tom Baxter said that it was not proper that the executive session had been taken off of the agenda. 

"How can a decision like this be made without anyone knowing about it?" he said.

Rather than hold interviews, board members could have used the requests for proposals and quotations that were completed by the prospective attorneys and emailed to board members to make their decisions, Joseph Torrone said.

"I'm comfortable making a decision" based on those documents and other research, he said. 

Board member Edward Gearity said the cancellation of the executive session suggested that some members may have made up their minds as to who they were voting for. 

"I'm most interested in how six people can come to the same conclusion without possibly ... violating the Sunshine Law," Gearity said, adding that he had no idea who the nominations would be. "They have the six votes anyway, so what happens inside executive session probably would not have changed the final result. At least I would have the opportunity to meet them and ask questions."

"I can assure you there has been no violation of the Sunshine act," Giovine said.

A a series of individual phone calls and conversations to discuss the attorney position had been made, but members did not meet in a majority to talk about the appointment, he said. 

As the sometimes contentious meeting concluded, Jedziniak struck a tone of reconciliation. 

"There is no majority or minority," he said. "We are a board. We had a little bit of growing pains."

Jordy January 4, 2013 at 07:29 pm
"whoever it may be" you are kidding right? My pet's know who the next attorney will be.
JD January 4, 2013 at 07:39 pm
The 3 new members are not bound by law until they were sworn in!!!
duh... and Jedziniak is an attorney.. smh
Josie noman January 4, 2013 at 07:59 pm
As long as they don't elect Jedziniak he is still part of the old crew and no matter what the old crew needs to go. There are so things hiding in the closet that soon will come out along with the greed which has already come out through Rittaco. Search back over the years see how people made as far as they have on the board by who they know.
riverfest January 4, 2013 at 08:05 pm
to most everyone on the board's credit they felt the right thing to do with the appointments was to be more inclusive in the process - again they reversed a previous decision and now allow every board member to have their say in the process - never done before with board attorney who was just re-appointed year after year. the name calling has no place in civilized debate. good to see this board is open to dialogue and discussion - and the superintendent will be answering to a board elected by the voters to represent them and not the other way around. the public should have been more engaged in the past during the appointment process with professionals . - you now have a chance to speak up and the board listened. now let's hold administrators - supervisiors etc accountable for test scores and getting the system out of the bottom tier we have wallowed in the past 10 years.
Brandy January 4, 2013 at 08:39 pm
LMAO, next thing you are going to tell me is that you do not know whom the new attorney is. Riverfest hows the old Old County Politics Dover Road gang doing?
joe jones January 4, 2013 at 09:09 pm
He dopey JD Torrone promised the union presidents good raises at his little Winey and cheesy party You probably didn't know that since ou weren't good enough to be invited you poor little wanna be.
Buffoon wrangler January 4, 2013 at 09:16 pm
So JD ur saying that it was ok for Joe, Ginney & Gigi to make back rm deals & practice dirty politics prior to being sworn in? Weren't u the loudest voice crying for a clean game with full transparency? U along with the filthy five r stinking up the town less than 24 hrs after they've been sworn in!
JD January 4, 2013 at 10:16 pm
Buffoon... that is the proper screen name for you...
Randal January 4, 2013 at 11:25 pm
Can anyone tell me whom this Old Dover Politics gang is or was?
Craw Daddy January 5, 2013 at 12:11 am
Funny, Joey , Goony Ginny and Gaga Gigi...........Next thing Richy S and Bobby H...AND THE COLORING BOOK from a few years back.
Buffoon wrangler January 5, 2013 at 01:03 am
Why is it that Loreen referred to the "personnel committee" as "MY COMMITTEE"? R we not working together? Or more likely is Loreen in charge of hiring friends & benefactors?
JD January 5, 2013 at 01:07 am
She is committee chair... so yes, her committee...
But it was the Ritacco crew of Baxter, Gearity, etc that hired friends and family... lol Hope we get some decent teachers now...
GED man January 5, 2013 at 02:58 am
I guess ur right JD. The district didn't do so good with ur education now did they Mr GED
Walls have ears January 5, 2013 at 02:49 pm
I was in hallway & heard their political operative, on the phone with someone yelling "Ben fd it up!" This was right after Ben conceded to table the appointment of the attorney! What happened to the transparancy platform? Oh that's right, they didn't have to be upfront & honest until they were sworn in.
chtulu2000 January 5, 2013 at 02:52 pm
JD>>>You seem to focus so much of your hatred towards teachers in this District, but let me fill you in on some other things that go into this District that make teaching in TR very difficult. In case you didn't know...the middle schools are really not allowed to fail students and even if a student does not turn in an assignment, the teachers MUST give that student credit for the assignment. These kids then go to HS having not really passed 8th grade and now continue to fail. TR has an absent policy of 25 days...how come my wife has kids in her classes absent 40 days already and they are not removed? How do you teach in the 21st century when your classroom technology is 7-10 years out of date, if you have that technology at all? Why is it that when a student with an IEP cuts class 10 times, the Child Study Team simply revised his IEP to reflect how he suffers from school anxiety and is continued to remain in the class and cut more?
You have valid points about some of the hiring practices in TR, but you are way off base when you focus this disgust towards the teaching staff in general without addressing ANY of the problems surrounding the staff.
Exit82 January 5, 2013 at 02:58 pm
It falls squarely on the shoulders of Michael Ritacco and his cronies, some of whom continue to perpetrate his campaign of lies and deceit to this day.
Political fools January 5, 2013 at 03:17 pm
I think they are paying that guy too much! Ben most likely salvaged any opportunity of having a political career with that move.
JENNY JONES January 5, 2013 at 05:21 pm
sickening his ripple effect...
joe jones January 5, 2013 at 05:29 pm
His sickening ripple effect kept your taxes one of the lowest rates in the state. All teachers are highly qualified. We have world class facilities. Yes mistakes were made but do you think with an attitude "WECAN DO WHATEVERY WE WANT TO" will be any better. Let's see their first appointment and the credentials they bring. As far as the comment on Lorene goes. She votes yes in committee and then changes it for the public. You think HAelig isn't behind all this, then get a a life all he wants is their money in the form of his "Business interests" You are all sheep!
Just theFacts January 5, 2013 at 06:52 pm
Jedziniak's audacity is beyond measure, he and the other 3 remaining Ritacco board members sat passively like bobblehead dolls as taxpayers were looted for years. They claim they had no idea, if thats the case they are incompetent. Tax money raised to educate our children was stolen and these guys haven't even "seriously" tried to get the money back. Even Ritacco's sentencing Judge ripped into these guys.
1966 January 5, 2013 at 07:28 pm
Haelig , was he the guy that ran that online Ocean County Politics website with Rich Schiff and had issues?
JD January 5, 2013 at 09:47 pm
It is from top to bottom... the admin and teachers... and hiring practices and firing practices for that matter... promotion practice..
Do you know how many kids made Honor Roll at TR Intermediate schools and FAILED the NJASK??? Over 300... yes grading policy is ridiculous.. I can go on and on.... take Hauenstein... principal at TRNorth prior to Assist. Super.. In 8 years... never made AYP.... TRN rank in NJ dropped from 60th percentile to 35 percentile... 30% of the kids failed some portion of HSPA.. So.. he beats his chest that SAT scores went up... you know how??? Based upon PSAT, he instructed guidance, etc to tell kids who got below 90 on PSAT not to take SAT because OCC doesn't need SAT scores. The number of students taking SAT dropped from 80% to 60% in his last year... and you know when you take 25% off the bottom... scores go up... but if you compare apples to apples... scores acually went down. He gets promoted when he should have gotten demoted!!! Who do you blame... Roselli, etc. I can go on and on.. Bottom line, no accountability from top to bottom for results.
I have spoken January 5, 2013 at 10:05 pm
QUOTE>>>> TORRONE:"First I want to make it very clear that I don't feel bound by a prior board. The new board takes over tonight and we can do whatever we want."
This jerk is what I voted for? Don't count on reelection. We don't need this type of ARROGANCE.
Buffoon wrangler January 6, 2013 at 03:35 pm
Hey JD obviously u totally missed the entire point of what i was trying to say. How can Loreen be the chair of a committee that doesn't exist yet? By calling it "my committee " Loreen is implying that she intends to form a personnel committee that will benefit her & the rest of the filthy five. Perhaps the purpose of this "committee " will be so that Joe can hire all the people he owes favors to in the Brielle district. Hey..he was even arrogant enough to pronounce @ the post inaugural date night mtg "as most people know I'm a former superintendent ". Why not just say," if u saved my ass in Brielle meet me @ the back door, no interview necessary"?
1stcav January 6, 2013 at 05:42 pm
Boss Hog still in charge and pulling ALL the strings in OC & TR....No matter who THINKS there in charge ..The Good Old Boys Club @ work....the lawyer HAS been picked months ago as well as the NEW Sheriff ( we know who that will be ) also chosen months ago...Done deals behind closed doors..same old stuff yr. after yr...Need an FBI office right here in the county seat , better yet in the OC Court House , they will be able to see better whats going on ....or @ the Office Lounge..
Namely January 6, 2013 at 06:13 pm
The only difference is that the new attorney they will pick is the Dem eqivalent of the former R attorney. They have been running all around town spewing his name enough.
Buffoon wrangler January 6, 2013 at 08:03 pm
Did anyone else hear the rumor that Leone was the BOE attorney in Brielle under Torrones administration?
Joey Toms River January 6, 2013 at 08:20 pm
Leone couldn't have been the attorney for the Brielle BOE I heard he has no experience in that area.
J.D.J.R. January 6, 2013 at 08:49 pm
My dad told me he's pretty sure Joe Torrone is good friends with Leone. And there is some political consultant that Leone recommended that ran the election. Does anyone have any information about that?
Tuesdale January 6, 2013 at 09:25 pm
Oh Brother. Helig from the now defunct Ocean County Politic.com fame was political guru and Leone will be the new BOE attorney. Tell me something the whole town does not know. Hey next time you all see Bobby H ask him if he has any "coloring books" left wasting away in his Dover Road think tank.

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Ortley fulltimer June 8, 2013 at 04:01 pm
Great story! Glad to hear your on your way back. Also happy to see someone else noticing that inRead More some places it still looks like Sandy hit yesterday. Some mayors might consider that "complaining".
christine June 8, 2013 at 04:25 pm
To George ~ that is so unfair...plain and simple.
Av June 8, 2013 at 05:02 pm
I live under a gin mill oh yeah me and milk jug