Tuesday, January 26, 2010

Update: Hoboken BOE Fact Check- Dr. Petrosino's 4/7/2009 BOE contract and lawsuit!

Update 1/26/2010:

I take accusations of slander seriously whether directed at me or one of my regular posters. One reader sent me in Dr. Anthony Petrosino's bio from the University of Texas with a last updated date of September 30th 2008. In addition, several people I know called to confirm that he was at his Texas location when they called which indeed he was. Now that I have established that Dr. Petrosino did indeed spend some time in Texas during the tenure of his Hoboken BOE contract the main question is from the taxpayer's perspective is simply how many days that other commitment took from his time from the Hoboken Cirriculum Project.

Here is a screenshot of his bio page from the University of Texas last updated 9/30/2008:




Here is the link to Dr. Petrosino's bio page from the University of Texas:

http://www.edb.utexas.edu/education/faculty/view.php?ID_PK=68D67E87-B9AF-127F-617086C059AFF421&coedept=coe

Below is a story about a $12.5 million dollar grant Dr. Petrosino was involved in down in Texas. Note that the date of the article is September 23, 2008.

12.5 Million National Science Foundation Grant to Fund UTeachEngineering Program for Educators

September 23, 2008
AUSTIN, Texas -
.......

Associate Professor Anthony Petrosino of the College of Education says the partnership uniquely combines the nationally recognized academic strengths of the College of Education, the College of Natural Sciences and the Cockrell School.

"The grant will allow researchers a real chance to advance our understanding of effective teacher preparation and development, while also making significant advances in addressing critical shortages of highly qualified professionals in science, technology, engineering and mathematics-related K-12 education," says Petrosino, a co-principal investigator.

To read the whole story click here:

http://www.utexas.edu/news/2008/09/23/uteach_engineering/

Dr. Petrosino's blog:

Dr. Petrosino also has a blog http://www.hobokencurriculumproject.blogspot.com/ which has a fairly detailed account of his activities from fall 2007 to the present, with particular detail from Spring 2008 to Summer 2009. I do encourage readers to check this blog out as there are many articles on how to improve education and draw their own conclusions about his efforts in this field.

Editorial Clarification:

I must make this editorial statement. By doing this fact finding I am not bringing into question Dr. Petrosino's qualifications as an educator.  I am simply providing facts on this contract and some background information
on this contract and from what I perceive to be excessive generosity. The political issue here is simple form my standpoint, I will not be voting for a BOE member that would ever allow such a contract to be ratified ever. I do believe many taxpayers are in agreement with me on this issue.

Dr. Petronsino files a lawsuit regarding his last contract with the Hoboken BOE....

The jist of the lawsuit is to recover 120 days of lost pay, sick, vacation and personal days, lawyer fees, cost  of suit, economic loss, interest and punitive damages. Is this lawsuit valid? Read below the embedded copy to get additional perspective.

Here is a copy of the lawsuit that he filed against the Hoboken BOE:



Here is some background on New Jersey Public School Contracts Law:

All contracts shall cease to have effect at the end of the contracted period and shall not be extended by any mechanism or provision, unless in conformance with the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., except that a contract may be extended by mutual agreement of the parties to the contract when a board of education has commenced rebidding prior to the time the contract expires or when the awarding of a contract is pending at the time the contract expires.

Here is some information about mulityear contracts....do they go out for bid, annually ?

18A:18A-42. Multiyear contracts
All contracts for the provision or performance of goods or services shall be awarded for a period not to exceed 24 consecutive months, except that contracts for professional services pursuant to paragraph (1) of subsection a. of N.J.S.18A:18A-5 shall be awarded for a period not to exceed 12 consecutive months. Any board of education may award a contract for longer periods of time as follows:
a Supplying of:
(1) Fuel for heating purposes, for any term not exceeding in the aggregate, three years;
(2) Fuel or oil for use of automobiles, autobuses, motor vehicles or equipment, for any term not exceeding in the aggregate, three years;
(3) Thermal energy produced by a cogeneration facility, for use for heating or air conditioning or both, for any term not exceeding 40 years, when the contract is approved by the Board of Public Utilities. For the purposes of this paragraph, "cogeneration" means the simultaneous production in one facility of electric power and other forms of useful energy such as heating or process steam; or
b. Plowing and removal of snow and ice, for any term not exceeding in the aggregate, three years; or
c. Collection and disposal of garbage and refuse, for any term not exceeding in the aggregate, three years; or
d. Data processing service, for any term of not more than seven years; or
e. Insurance, including the purchase of insurance coverages, insurance consultant or administrative services, and including participation in a joint self-insurance fund, risk management program or related services provided by a school board insurance group, or participation in an insurance fund established by a county pursuant to N.J.S.40A:10-6, or a joint insurance fund established pursuant to P.L.1983, c.372 (C.40A:10-36 et seq.), for any term of not more than three years; or
f. Leasing or servicing of automobiles, motor vehicles, electronic communications equipment, machinery and equipment of every nature and kind and textbooks and non-consumable instructional materials, for any term not exceeding in the aggregate, five years; except that contracts for the leasing of school buses may be awarded for any term not exceeding in the aggregate ten years. Contracts award pursuant to this subsection shall be awarded only subject to and in accordance with rules and regulations promulgated by the State Board of Education; or
g. Supplying of any product or the rendering of any service by a company providing voice, data, transmission or switching services, for a term not exceeding five years; or
h. (Deleted by amendment, P.L.1999, c.440.)
i. Driver education instruction conducted by private, licensed driver education schools, for any term not exceeding in the aggregate, three years;
j. Provision or performance of goods or services for the purpose of conserving energy in the buildings owned by any local board of education, the entire price of which shall be established as a percentage of the resultant savings in energy costs, for a term not to exceed 15 years; except that these contracts shall be entered into only subject to and in accordance with guidelines promulgated by the Board of Public Utilities establishing a methodology for computing energy costs;
k. Any single project for the construction, reconstruction or rehabilitation of any public building, structure or facility, or any public works project, including the retention of the services of any architect or engineer in connection therewith, for the length of time authorized and necessary for the completion of the actual construction;
l. Laundry service and the rental, supply and cleaning of uniforms for any term of not more than three years;
m. Food supplies and food services for any term of not more than three years;
n. Purchases made under a contract awarded by the Director of the Division of Purchase and Property in the Department of the Treasury for use by counties, municipalities or other contracting units pursuant to section 3 of P.L.1969, c.104 (C.52:25-16.1), for a term not to exceed the term of that contract.
Any contract for services other than professional services, the statutory length of which contract is for three years or less, may include provisions for no more than one two-year, or two one-year, extensions, subject to the following limitations: a. the contract shall be awarded by resolution of the board of education upon a finding by the board of education that the services are being performed in an effective and efficient manner; b. no such contract shall be extended so that it runs for more than a total of five consecutive years; c. any price change included as part of an extension shall be based upon the price of the original contract as cumulatively adjusted pursuant to any previous adjustment or extension and shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time the contract is renewed; and d. the terms and conditions of the contract remain substantially the same.
All multiyear leases and contracts entered into pursuant to this section 18A:18A-42, including any two-year or one-year extensions, except contracts for insurance coverages, insurance consultant or administrative services, participation or membership in a joint self-insurance fund, risk management programs or related services of a school board insurance group, participation in an insurance fund established by a county pursuant to N.J.S.40A:10-6 or contracts for thermal energy authorized pursuant to subsection a. above, and contracts for the provision or performance of goods or services to promote energy conservation authorized pursuant to subsection j. of this section, shall contain a clause making them subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation, or contain an annual cancellation clause. All contracts shall cease to have effect at the end of the contracted period and shall not be extended by any mechanism or provision, unless in conformance with the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., except that a contract may be extended by mutual agreement of the parties to the contract when a board of education has commenced rebidding prior to the time the contract expires or when the awarding of a contract is pending at the time the contract expires.
Amended 1983, c.13; 1983, c.108, s.8; 1983, c.281, s.3; 1983, c.554; 1984, c.49, s.1; 1988, c.143, s.4; 1998, c.55, s.2; 1999, c.440, s.78; 2001, c. 146, s. 2.

Here is some helpful information on "Professional Services":

What are "professional services"?

To qualify as a professional service, as defined in the law, the service to be procured must meet the following criteria:
  • It must be rendered or performed by a person authorized by law to practice a recognized profession; and
  • It must be rendered or performed by a person whose practice is regulated by law; and
  • Performance of the service must require knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training;
  • OR, alternatively the procurement must be rendered in the provision or performance of goods or services that are original and creative in character in a recognized field of artistic endeavor.
 When is a resolution needed to award a Professional Service Contract?

A resolution is required when the amount to be awarded exceeds the bid threshold. A Notice of Award must also be published in the official newspaper within 10 days of the award.

How are professional service contracts awarded?

Professional Service contracts above the bid threshold are awarded by a resolution of the governing body at a public meeting, and a notice of the award of contract must be published in an official newspaper.

How are professional service contracts under the bid threshold awarded?

If the governing body has delegated to the purchasing agent the authority to award contracts under the bid threshold, the purchasing agent can award professional service contracts. In some cases, governing bodies may want to retain professional services contracts at all levels to themselves. This should be made clear in the act delegating the authority to the purchasing agent.

What is the maximum length of a professional service contract?

Professional service contracts can be awarded up to 12 months.

What is in a "Notice of Award"?

A notice of award is a summary of the awarded contract for professional services or extraordinary unspecificiable services. The notice includes the name of the person to whom the contract was awarded, the purpose, the cost and duration. The notice must be published in an official newspaper.

Original Post 1/22/2010: Recently on Hoboken 411, Dr. Anthony Petrosino, hired by the previous Hoboken BOE to develop cirriculum for the Hoboken Schools under the direction of former Hoboken Superintendent Jack Raslowsky, was very critical of Interim Superintendent Peter Carter when Lorraine Cella resigned from the Hoboken High School to take a better job elsewhere in New Jersey as Assistant Superintendent.

I figured it was time to give a little background on Dr. Petronsino's employment contract with the Hoboken BOE to give the readers an idea of why he would possibly be so fervent in defending the legacy of Jack Raslowsky. The contract is embedded below for your review but here as some highlights:

1) Dr. Petrosino's primary attention should be devoted to the district but acknowledges that he is a fully tenured professor employed by the University of Texas and may be required to complete outside duties from time to time. One day working notice was specified in the contract to give notice when these situations were to arise.
2) Salary $144,900 per annum.
3) Benefits Medical, Prescription, Dental, Vision as per collective bargaining agreement.
4) 5 weeks vacation.
5) 15 sick days.
6) 3 personal days.
7) And finally the big loophole: Professional days in which to attend his obligations at the University of Texas. No limit of these days is specified and there is no provision in the contract to adjust salary if those days were to exceed a certain threshold.

This contract was signed 4/7/2009 by Frances Rhodes Kearns BOE President at the time exactly two weeks before the April 21, 2009 BOE election won by the Kid's First slate of Minutillo, Sullivan, and Mcallister.

The contract also is one year in duration with a 120 day notification and auto renewal clause in which the Board can terminate with or without cause. I look at it as a 120 days worth of salary and benefits that have to be paid out by the Board when they want to go in a new direction, or in corporate parlance a mini poison pill.

The question that comes to me first is how many days did Dr. Petrosino spend working on Hoboken vs. the University of Texas? The second question that comes to mind is why was this contract signed so late in the year when the approval to hire had been done about 9 months before?

Reader Question: Is this a fair contract from the standpoint of the taxpayer or the School system? Share you thoughts in the comments section.

Read for yourself below:


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