ROQUE v. PASSANTE, A-0977-11T2. (2012)
Court: Superior Court of New Jersey
Number: innjco20120612262
Visitors: 34
Filed: Jun. 12, 2012
Latest Update: Jun. 12, 2012
Summary: NOT FOR PUBLICATION PER CURIAM. Appellants Janet Passante and Alexander Locatelli appeal from a final decision of the Commissioner of Education that ordered their removal as board members of the West New York Board of Education (Board). Both were appointed to the Board by the out-going mayor on May 13, 2011. The mayor appointed Passante to a full five-year term effective May 15, 2011; he appointed Locatelli to the unexpired term of a member who had resigned. At the time of appointment to the u
Summary: NOT FOR PUBLICATION PER CURIAM. Appellants Janet Passante and Alexander Locatelli appeal from a final decision of the Commissioner of Education that ordered their removal as board members of the West New York Board of Education (Board). Both were appointed to the Board by the out-going mayor on May 13, 2011. The mayor appointed Passante to a full five-year term effective May 15, 2011; he appointed Locatelli to the unexpired term of a member who had resigned. At the time of appointment to the un..
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NOT FOR PUBLICATION
PER CURIAM.
Appellants Janet Passante and Alexander Locatelli appeal from a final decision of the Commissioner of Education that ordered their removal as board members of the West New York Board of Education (Board). Both were appointed to the Board by the out-going mayor on May 13, 2011. The mayor appointed Passante to a full five-year term effective May 15, 2011; he appointed Locatelli to the unexpired term of a member who had resigned. At the time of appointment to the unexpired term, Locatelli was a member of the Board with a term due to expire on May 15, 2011. Respondent, Dr. Felix Roque, assumed the office of mayor on May 17, 2011.
The Commissioner held that N.J.S.A. 18A:12-7 to-8 governed appointments to the Board by a mayor and that members of the Board could be appointed only between April 1 and April 15 with their term of office commencing on May 16. He also held that Locatelli was not eligible for appointment to an unexpired term while serving as a Board member. Accordingly, the Commissioner held that the Passante and Locatelli appointments were void ab initio, and he ordered their removal as Board members.
We affirm substantially for the reasons expressed by the Commissioner in his September 19, 2011 Decision.
Affirmed.
Source: Leagle
