DR. FELIX ROQUE v. JANET PASSANTE

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0977-11T2

DR. FELIX ROQUE, INDIVIDUALLY

AND AS MAYOR OF THE TOWN OF

WEST NEW YORK, HUDSON COUNTY,

Petitioner-Respondent,

vs.

JANET PASSANTE and ALEXANDER

LOCATELLI,

Respondents-Appellants.

__________________________________

June 12, 2012

Argued: May 31, 2012 - Decided:

Before Judges Cuff and St. John.

On appeal from the Commissioner of Education, Docket No. 186-7/11.

Gerald L. Dorf argued the cause for appellants (Dorf & Dorf, P.C., attorneys; Mr. Dorf, on the brief).

David F. Corrigan argued the cause for respondent (The Corrigan Law Firm, attorneys; Mr. Corrigan, of counsel and on the brief; Nicole M. Falcey, on the brief).

Robert F. Varady argued the cause for Amicus Curiae West New York Board of Education (LaCorte, Bundy, Varady & Kinsella, attorneys; Mr. Varady, of counsel; Richard M. Brockway, on the brief).

Jeffrey S. Chiesa, Attorney General, attorney for the Commissioner of Education (Angela L. Velez, Deputy Attorney General, on the statement in lieu of brief).

PER CURIAM

Appellants Janet Passante and Alexander Locatelli appeal from a final decision of the Commissioner of Education that ordered their removal as board members of the West New York Board of Education (Board). Both were appointed to the Board by the out-going mayor on May 13, 2011. The mayor appointed Passante to a full five-year term effective May 15, 2011; he appointed Locatelli to the unexpired term of a member who had resigned. At the time of appointment to the unexpired term, Locatelli was a member of the Board with a term due to expire on May 15, 2011. Respondent, Dr. Felix Roque, assumed the office of mayor on May 17, 2011.

The Commissioner held that N.J.S.A. 18A:12-7 to -8 governed appointments to the Board by a mayor and that members of the Board could be appointed only between April 1 and April 15 with their term of office commencing on May 16. He also held that Locatelli was not eligible for appointment to an unexpired term while serving as a Board member. Accordingly, the Commissioner held that the Passante and Locatelli appointments were void ab initio, and he ordered their removal as Board members.

We affirm substantially for the reasons expressed by the Commissioner in his September 19, 2011 Decision.