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Board invokes 'doctrine of necessity' to act on superintendent matter amid ethics dispute
Summary
After public debate the board invoked the "doctrine of necessity" to permit conflicted members to participate in votes related to the superintendent's administrative leave; the move sparked objections from some board members and public commenters who called for an ethics advisory opinion and raised concerns about process and agenda provenance.
The Monroe Township Board of Education on April 25 invoked the "doctrine of necessity" so that board members who have been identified as conflicted by counsel could participate and vote on matters connected to Superintendent Dr. Sherry Chanley’s employment status.
Board counsel read a formal resolution into the public record that named specific members as having conflicts (citing litigation relationships) and said the board had determined it did not have a quorum of non‑conflicted members to act on the superintendent matter. "The doctrine of necessity is hereby invoked with respect to the board's public votes related to Dr. Chanley," counsel read aloud.
The resolution setting the procedural basis for participation was contentious. Several board members publicly argued the doctrine should be used narrowly and only when essential operational deadlines or statutory obligations would otherwise prevent the district from functioning; others said the board lacked a quorum of non‑conflicted members and therefore the doctrine was necessary. The motion to invoke the doctrine passed on a recorded roll call (the record shows multiple 'yes' votes and two 'no' votes were recorded during the public roll‑call debate).
Public reaction and ethics questions: Members of the public pressed for clarity about how the personnel item reached the agenda. A commenter, Chrissy Scurby, asked whether the personnel motion was placed on the agenda at the request of the district’s insurance defense counsel and whether the board had met publicly to reassess the superintendent’s leave — questions that prompted a prolonged exchange about attorney‑client communications, executive‑session summaries and Open Public Meetings Act timing. Scurby said board inaction on certain vendor payments and perceived procedural irregularities raised concerns about retaliation and fiscal fairness.
Board action and next steps: Following debate the board proceeded with personnel votes (including a package of personnel items and board actions) under the doctrine; some votes included recusals or abstentions. The resolution invoking the doctrine directs the board secretary to post the notice for 30 days and to provide a copy to the New Jersey School Ethics Commission for review.
What to watch: The School Ethics Commission will be notified and the board’s posting of the doctrine resolution will be part of the public record. The contested nature of the discussion — including public calls for an advisory opinion about the appropriateness of conflicted members taking part in personnel decisions — indicates further procedural scrutiny and possible external review ahead.
