Red Bank Charter School board in flux

BY LAYLI WHYTE
Staff Writer

RED BANK - Two longtime trustees of the Red Bank Charter School will be stepping down from the board, while at the same time, parents are calling for the right to nominate a candidate for a spot on the board.

Ellen Herman, who has been a trustee of the charter school for eight years, submitted a letter of resignation on May 5, stating that she hopes the board will continue to work toward resolving the financial issues facing the school.

Board President Barbara O'Hern also announced that June 30 will bring her own exit from the board now that the school's bylaws have been amended to limit trustees to two, three-year terms.

O'Hern and Herman were two of a group of five dissident trustees whose concerns led to an investigation into the finances of the charter school by the state Department of Education (DOE) Office of Compliance Investigation (OCI).

The group of trustees asked for an inquiry into the school's finances after the completion of the construction project for the charter school's Oakland Street campus in 2003.

Although O'Hern said her reason for leaving was that the bylaws call for it, Herman would have been "grandfathered" on the board, and would have been able to complete her term, which would have ended in June 2008.

Herman's letter of resignation gives her reasons for leaving.

"I have repeatedly shared my thoughts and ideas with the other members of the Board of Trustees and our counsel, as well, and I am confident that they understand my position and views," the letter states.

"I hope that as our board continues to seek solutions, they will be open to all ideas, but not compromise our program, staff, mission or our very existence. Based upon the fact that I have nothing new to contribute to the ongoing debate, and my strong feeling that unrestricted terms lead to empowerment that no individual should have, I feel that it is in my best interest and in the best interest of the school that I resign my position at this time."

Herman was not present at the May 10 meeting, and O'Hern read the letter aloud in her stead.

"I deeply regret Ellen's resignation," said O'Hern after reading the letter. "We can never really thank Ellen enough for her hard work."

Board Vice President Josephine Lee also expressed regret at Herman's resignation.

"I'd like to express thanks for all the hard work Ellen has done for this school," she said. "She gave so much of her time. She gave so much of her spirit and her passion for this school."

According to its bylaws, the board should have nine members, but it has been operating with eight members while awaiting the approval of the state

Department of Education (DOE) of its amended bylaws.

The amended bylaws, which were submitted to the state last October, call for parents/guardians of students to have more involvement in the appointment of trustees by being required to nominate parent representatives to sit on the board, although the board has final say over the appointment of trustees.

O'Hern said that the ninth seat has been held open until the bylaws are properly accepted by the state, making it legal for the parent nomination process to take place.

"I'm anxious for the parent's seat to be filled," said O'Hern.

Parents will be required to nominate candidates for one seat with a three-year term every year

Parent Marianne Donohue said that she and several other parents met with Rochelle Hendricks, director of the Office of Vocational/Technical, Career and Innovative Programs, which oversees charter schools at the DOE, last week to discuss the situation at the charter school.

Donohue said that she was not pleased with the fact that parents could only nominate trustees, but that the board had the final vote.

"I assume this board will approve the parents' nomination," said O'Hern.

"I wouldn't assume that," replied Donohue.

Trustee Kevin Donohue, who is not related to Marianne Donohue, said that she shouldn't assume the board would not go along with the parents' nomination.

"Put up a candidate," he said, "before you start criticizing us for not picking them."

Wendy Scotti, parent of a third-grader, asked if the board would consider putting an item on the next agenda for the board to vote on a candidate that would be nominated by the parents before the next meeting.

"The question is," said charter school Principal Meredith Pennotti, "can we implement the new process even though the new bylaws have not been accepted yet. We'll have to get an answer for you."

A new trustee was appointed at the May 10 meeting who had been approached by both parents and board members, and whose appointment received a round of applause when the board voted in favor.

Bruce Whitaker, parent of a first grader, said that he agreed to step up to the seat that will be left open at the end of June when O'Hern will step down.

O'Hern said that if the restrictions weren't in place, although she agrees with them, she would probably stay on the board longer.

"If the bylaws permitted," she said, "I might have continued. I'd like to see the way these issues will be solved and brought to closure. I believe they will be and I am working to that end."

The issues facing the school include two lawsuits by two creditors totaling more than $1 million.

Both Patock Construction, the company that performed construction and renovation work on the school's Oakland Street property in 2003 and 2004, and Short Term Money, which lent the Red Bank Charter School Foundation, the school's main fund-raising entity, about $800,000 to pay for the work performed by Patock, have filed suit against the school claiming lack of payment.

Patock is claiming that despite the fact that the charter school foundation originally contracted for the work, the school owes the company nearly $500,000 for work performed on a $2.2 million contract.

The board is also currently appealing a $1 million penalty imposed by the DOE for failing to publicly bid the construction and renovation project on its Oakland Street campus.