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Toms River board invokes doctrine of necessity, approves five-year teachers’ agreement
Summary
Facing disclosed conflicts of interest involving family ties and past endorsements, the Toms River Regional School District board invoked the doctrine of necessity and voted to approve a memorandum of agreement with the Toms River Education Association covering July 1, 2025–June 30, 2030.
At its public meeting, the Toms River Regional School District Board of Education invoked the doctrine of necessity and approved a five-year memorandum of agreement with the Toms River Education Association (TRAA).
Board Solicitor William R. Burns read the doctrine and cited the School Ethics Act and advisory guidance, saying the statute requires public disclosure "when it is necessary for a board to invoke the doctrine of necessity" and to state the specific nature of conflicts and reasons for doing so. The resolution identified multiple board members with familial or endorsement ties to district staff and the teachers’ association and said those conflicts related to negotiations with TRAA.
After the reading, the board moved and approved the resolution invoking the doctrine of necessity by roll-call vote. The board then considered and approved the TRAA memorandum of agreement covering July 1, 2025–June 30, 2030; the motion carried on a roll-call with all present voting yes.
Scott Campbell, president of the Toms River Education Association, addressed the meeting during public comment and praised the process. "I want to thank the board and the administration for the approval of a contract for the next five years. The negotiations went very very well," he said, adding that TRAA had distributed $863,000 in scholarships to students and expected continued growth in that effort.
The board also recorded and disclosed individual conflicts in the resolution: Vice President James Capone (family member employed by the district); Joseph Jubert and Lisa Contessa (TRAA endorsements and campaign contributions referenced); Kevin Kidney (employment and prior endorsement history); and Kathy Egan (family members employed by the district). The resolution stated it would be posted with public notices and provided to the School Ethics Commission as required by the commission's guidance.
What happens next: The approved memorandum takes effect July 1, 2025; the board will post the resolution and provide required notice to the School Ethics Commission. No additional disciplinary or litigation actions were announced at the meeting.
