Dr. Varley’s Nepotism Investigation
by Laura Kapuscinski
Originally Published on TapInto
Below is a fact based outline surrounding the allegations that Dr. Varley violated the District’s Nepotism policy.
6/7/2021:
Dr. Varley asserts that the District posted a job opening for a Summer Library Intern at this time. No sources would verify, with factual evidence, this position’s posting outside of internal advertisement.
6/24/2021:
Angela Penna, Doug Reinstein, Michael D’Aquila, Robert Cianciulli, Chris Reilly and Joy Young unanimously approve hiring the Superintendent’s daughter for the Summer Library Intern position.
During the Board meeting, residents bring up the decision to hire the Superintendent’s daughter as a potential ethical violation. Dr. Varley responds to these concerns by stating:
“I did reach out to our attorney and he gave me the advice that if temporary … is fine … A temporary, minimum-wage position is perfectly acceptable.”
8/18/2021:
A resident files an ethical violation with the School Ethics Commission.
“The Complaint avers that Respondent violated N.J.S.A.18A:12-24(b) and N.J.S.A. 18A:12-24(f), and also violated N.J.S.A 18A:12-24.1(a) and N.J.S.A 18A:12-24.1(f) of the Code of Ethics for School Board Members (Code).”
8/23/21:
Dr. Varley receives notification (via electronic mail) that charges were filed against her with the Commission.
10/1/21:
Dr. Varley files a Motion to Dismiss.
1/25/22:
The School Ethics Commission denies Dr. Varley’s Motion to Dismiss and directs Respondent (Dr. Varley) to file an Answer to Complaint.
2/11/22:
Dr. Varley’s response to charges include:
“(1) Respondent denies that the hiring of her child for a summer internship position violates N.J.S.A. 18A:12-24(b) and/or N.J.S.A.18A:12-24(f)
(2) Respondent’s child was only approved by the Board to serve as a summer elementary library intern as all other applicants for the position were afforded the opportunity to serve in the position, and the Board required assistance with the reconfiguration of its elementary school libraries before the start of the school year;
(3) Due to a realignment of the District’s elementary schools, it was necessary to pack and move many books and materials from one school to another, and two librarians were not able to handle the “reconfiguration” in the time available;
(4) The District received four online applications, and one of the applicants withdrew her application after being informed of the short-term nature of the position and the minimum salary;
(5) After the meeting, and following the questioning of her child’s employment as an elementary library intern from a member of the public, Respondent consulted with Board counsel and, in an abundance of caution, decided to remove her child from the position;
(6) At the time of her child’s removal, Respondent’s child had already provided twenty-two (22) hours of service to the District, for a total of $260.00, which remains in a separate account pending the Commission’s decision;
Regarding some of the responses from Dr. Varley regarding the ethical violations;
(1) The districts Nepotism policy is clear and concise. Moreso, the potential violation was brought to the attention of the Superintendent and the Board of Education on 6/24/21, several days before the job was set to begin;
(2) The original job posting was provided to a resident but failed to confirm the location(s) of the posting other than it being sent internally;
(3) The inherent problem of needing to re-arrange the elementary libraries was the result of a rushed and poorly planned process to reconfigure 4 elementary schools;
(4) The job posting unequivocally states the position is both short-term and part-time;
(5) At 6/24/21 Board meeting, Dr. Varley explicitly responds to a resident that she had already consulted with legal counsel, who advised her it was acceptable to hire her daughter;
(6) The timeline from being aware of the public concern of the potential nepotism violation (on 6/24/21) and Dr. Varley’s daughter having worked 22 of the max 48 hours (starting in July of 2021, as per the job posting) before legal counsel advises Dr. Varley to remove her daughter doesn’t align.
4/26/22:
The School Ethics Commission (SEC) adopts decision of finding probable cause and votes to transmit the within matter to the Office of Administrative Law (OAL) for a hearing. Also, the SEC finds “ there is no indication that the District has excluded “student employees” from its nepotism policy. Consequently, a violation of N.J.S.A. 18A:12-24(f) may be sustained.”
8/9/2022:
The District publishes a draft of a revised Nepotism policy for first reading at the 8/11/22 Board meeting. (The policy revisions would have made it completely permissible for Dr. Varely to have hired her daughter. Policy revisions appear to be in direct response to the findings of the SEC that a violation was committed.)
8/11/2022
The resident who filed the complaint against Dr. Varley expresses concerns that the policy revisions are being done to mitigate the final ruling against Dr. Varley to the BOE. A copy of the email and complaint is forwarded Berkeley Heights Community Watch Facebook group and posted publicly.
8/11/2022
An updated agenda for the Board meeting reflects the absence of aforementioned revised Nepotism policy. It is noted during the meeting the revised Nepotism policy has been tabled and will not be discussed.
The blaring contradiction here are Dr. Varley’s claims that the district’s legal counsel advised her (on or prior to 6/24/22) it was perfectly acceptable to hire her daughter and, within a few-week time frame also advised her to remove her daughter from said position.
This makes no sense, or we are, once again, being told a story rooted in relevant hypothetical conversations.
It is important to note that soon after the State Ethics Commission ruled against Dr. Varley, Board Members: Angela Penna, Michael D’Aquila, Pamela Stanley, Jordan Hyman and Robert Cianculli suddenly approved a motion to use more of the District’s money for attorneys in pursuing ethics charges (without naming the violations) against Ms. Akiri publicly, all while failing to mention the mounting legal fees for the investigation of Dr. Varley’s alleged violation of our district policy.
Supporting Data:
Probable Cause Finding from School Ethics Commission
BHPS Nepotism Policy:
Proposed Revisions to Nepotism Policy (pulled once the pending investigation became public)
6/24/22 Board Meeting Minutes:
6/24/22 Board Meeting Recording:
Timestamp: 1:22:46
District’s Job Posting for Summer Library Intern
BHPS Nepotism Policy:
Proposed Revisions to Nepotism Policy (pulled once the pending investigation became public)
6/24/22 Board Meeting Minutes:
6/24/22 Board Meeting Recording:
Timestamp: 1:22:46
District’s Job Posting for Summer Library Intern
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