Schools

Persi Wins Legal Battle With Brick School District

Commissioner of Education orders Persi to be compensated $21K

Former Brick schools superintendent Melindo A. Persi has won his lawsuit against the Brick school district.

Christopher D. Cerf, the acting state Commissioner of Education, affirmed a recommendation handed down in January by Administrative Law Judge Ana C. Viscomi awarding Persi $21,000. Cerf’s decision was rendered Feb. 24 and published Feb. 28, according to legal documents.

Persi, who served as business administrator of the Brick school district before landing the superintendent’s position, was dismissed at the first meeting of a newly organized Board of Education in April 2008. He subsequently sued the school district for $106,615, the amount he would have been paid if he stayed on as interim superintendent through November 2008, when his contract was set to terminate.

Find out what's happening in Brickwith free, real-time updates from Patch.

The contract also included an early termination clause, which would have allowed the board to dismiss Persi with 30 days notice. School district officials questioned whether Persi’s contract was valid, however, and fought Persi’s suit. The district also countersued for $17,804 in expenses paid to Persi that administrators contended were not valid. Cerf concurred with Viscomi, however, in dismissing the district’s countersuit.

After Viscomi’s ruling in January, both Persi and the district filed exceptions to the decision with the commissioner’s office. Persi’s attorney, Robert Shea of Toms River, argued Persi should be compensated for the full term of his contract through November 2008. The district’s attorney, Nicholas Montenegro, argued that Persi should not be compensated for 30 full days since he did not work seven days per week. In the end, however, Cerf affirmed the full $21,000 award, representing 30 days of work at $700 per day, the amount Persi was paid when he served as interim superintendent.

Find out what's happening in Brickwith free, real-time updates from Patch.

Montenegro said Tuesday he would review the decision and make a recommendation to the Board of Education as to whether the decision should be appealed to state Superior Court.

Persi told Brick Patch he was “pleased” with the outcome of the case.

“I knew I was right from the beginning,” Persi said. “I had a contract that was approved by the board, and was prepared by an attorney.”


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here