copy of complaint filed with the nj attorney general
Updated 06/02/2022
The following is a multi page complaint alleging numerous violations in connection with the Berkeley Heights BOE’s actions surrounding reconfiguration.
This complaint was filed a day prior to the 06/10/2021 BOE meeting where the public was informed that the plan the BOE voted on was likely not to occur.
During this meeting, the public was informed that the original plan may be replaced with an entirely new plan that will not be put in writing for public review.
This complaint may have been one factor in the BOE’s inability to move forward with the plan recommended by Dr. Varley and approved by Mr. Reinstein, Mr. D’Aquila, Ms. Penna and Ms. Reilly on 04/29/2021.
PDF of Complaint:
https://bit.ly/3gq0D4r
OFAC Findings and Corrective Action Plan:
“Based on the particular facts of the instant case, the District violated N.J.A.C. 6A:26-4.8(a) bidding and awarding of contracts for Regular Operating Districts capital projects, since the contract was awarded on April 29, 2021, but the necessary approval from the School Facilities was not yet received until June 30, 2021.”
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In regards to few of the possible violations of law that need to be investigated:
1. NJAC 6A:26-4.8 A bid before final approval of plans and specifications by DCA or local enforcement authority
2.No project approval by dept of Ed for education Adequacy
3.Withdrawal of cap reserves 6A:23A-14.AB
4.NJSA18:A:18A- 36B Awarded on April 29 its beyond the 21 days for signing the contract
5.Never went to the planning board for approval of district LRFP 6A:26-2.1 C
In regards to few of the possible violations of law that need to be investigated:
1. NJAC 6A:26-4.8 A bid before final approval of plans and specifications by DCA or local enforcement authority
2.No project approval by dept of Ed for education Adequacy
3.Withdrawal of cap reserves 6A:23A-14.AB
4.NJSA18:A:18A- 36B Awarded on April 29 its beyond the 21 days for signing the contract
5.Never went to the planning board for approval of district LRFP 6A:26-2.1 C