State Office of Administrative Law Judge Joseph Martone ruled that the school district did not legally flout a 2001 ballot question, in which voters rejected funding football for the 2001-2002 school year.
By John Tredrea
Relief and satisfaction marked the reactions of officials of the Hopewell Valley Regional School District to a state judge’s denial and dismissal of a petition that charged the district acted illegally by allowing a private organization, HIKE (Hopewell Involved in Kids Enrichment), to fund interscholastic football at Central High School.
The petition was filed by a group of district residents called HOV (Honor Our Vote).
In a 23-page decision released Monday, Office of Administrative Law Judge Joseph Martone ruled that, contrary to what HOV alleged in its petition, the school district did not legally flout a 2001 ballot question, in which voters rejected funding football for the 2001-2002 school year. The judge noted that the district did not implement football until the 2002-2003 school year.
"I conclude that this did not violate the defeated public question . . . since it was only applicable, by its terms, to the 2001-2002 school year," Judge Martone wrote.
Schools Superintendent Nick Lorenzetti said Tuesday that he and other school officials "are very pleased" with the judge’s decision. "It confirmed our belief, held from the beginning of this matter, that we were not violating any laws or disregarding voters who cast ballots in the referendum. Our agreement with HIKE was honest and legal. The judge’s decision allows us to move forward without the weight of that petition on our shoulders."
School board President Bill Hills said: "I am extremely pleased with the judge’s ruling and excited for our kids. As a board and an administration, we have endeavored to continue to do the right things right. Monday’s ruling clearly supports this. I’m looking forward to working with the administration and the community to continue to integrate this program into the rich set of opportunities we have to offer the kids of the district."
"It’s a comfort to have your decisions affirmed. We put a lot into defending ourselves against the petition. Something like that causes a lot of distraction," said School district Business Administrator and Board Secretary John Nemeth.
A discussion is expected at Monday’s school board meeting about whether to continue with high school football next year, when the school district would begin paying some of the costs of the sport (see separate story).
HOV member Anthony Arnone said Tuesday he was disappointed with Judge Martone’s decision.
"We’re sorry the judge didn’t see things our way, but that’s the way it goes sometimes," he said. Mr. Arnone said he did not know if HOV would appeal the judge’s ruling. "It’s too soon to say. We’ll have to talk it over. I don’t know how much farther we want to go with this."
Judge Martone’s ruling will be forwarded to state Commissioner of Education William Librera, who will have 45 days to adopt, modify or reject it. The Hopewell Valley school board has the right to appeal Mr. Librera’s decision, if necessary. That appeal would be made to the state Board of Education (BOE). The BOE’s decision could be appealed to the state Appellate Court.
Under its agreement with the school district, HIKE paid all costs of football for the 2002 and 2003 seasons. Also under the agreement, HIKE will pay 75 percent of the costs in 2004, with the district paying 25 percent, if the sport is continued next year. In 2005, the district and HIKE would split the costs evenly. The district would pay all costs in 2006 and subsequent seasons.
Since the HOV petition was filed in July 2002 shortly after the school district and HIKE inked their contract school officials have maintained nothing illegal was done, since no money obtained via taxation has been spent on football and because the sport was not started during the school year (2001-2002) affected by the April 17, 2001 ballot question.