Mount Olive board invokes 'doctrine of necessity' and approves settlement supplement despite public objections

The Mount Olive Township Board of Education on Jan. 6 invoked the “doctrine of necessity” to allow consideration of a proposed settlement in ongoing litigation involving the district’s former superintendent, and later approved an administrative motion that includes a supplemental payment from district funds, drawing objections from several public commenters.

The doctrine of necessity resolution was read aloud by the board attorney and approved by roll call at the Jan. 6 public meeting. The resolution states the board is invoking the doctrine because multiple board members have alleged conflicts of interest related to the litigation and because those conflicts otherwise would leave the board without a quorum to consider the proposed settlement. The board unanimously approved the resolution, and the resolution directs the board secretary to post the resolution for 30 days where public notices are posted and to forward a copy to the New Jersey School Ethics Commission.

Board attorney Mr. Gephardt framed the legal context before the vote, citing the School Ethics Act…