West New York Mayor Silverio “Sal” Vega may have to go to court to defend his dual jobs as mayor of the town (a part-time job) and athletic director of Memorial High School (his full-time job).
Last Wednesday, former Director of Elementary Education Clara Brito-Herrera filed a civil complaint in Hudson County Superior Court alleging that Vega has a potential conflict of interest in serving in both capacities, since the West New York district operates under an appointed Board of Education. Vega, as mayor, appoints the members of the board.
In addition, Brito-Herrera, who was demoted to her former position as an elementary school principal this year, is challenging the non-renewal of her contract by the Board of Education. This came after Brito-Herrera was told she needed a letter of recommendation from Vega in order to renew her contract. She refused.
The complaint further challenges three appointments that Vega made to the Board of Education in the time since he took office.
Support from within
The action filed by Brito-Herrera names Vega, Superintendent of Schools Dr. Robert Van Zantan, and the West New York Board of Education in the complaint.
A spokesperson for Mayor Vega said his official comment on the matter was, “I have a legal opinion from a number of lawyers including former Mayor Albio Sires’ appointed counsel George Campen, and current counsel Daniel Horgan. There is no conflict.”
Dr. Van Zantan could not be reached for comment.
Commissioner Gerald Lange has also been assisting Brito-Herrera in filing the compliant. Lange had previously expressed concern about the possible conflict of interest regarding Vega’s positions as mayor and as an employee of the Board of Education.
“I first realized there was problem at the school board estimate meeting [which Vega chairs],” said Lange. Lange said his concern was that Vega had stated he had a conflict on a certain item before the board, and asked Commissioner Lawrence Riccardi to chair the meeting for him on that matter.
“Then when all these other things started happening at the board, [and Clara approached me,] I thought this was the right thing to do,” said Lange. “Clara was wronged and she has a very strong case.”
Last June, Lange also stated that he was planning a recall election on Vega, who was elected last May.
Demoted from her position
In 2006, Brito-Herrera was promoted to district Director of Elementary Education while still under the administration of former Mayor Albio Sires. She signed a three-year contract to serve as the director.
Sires, who was elected to represent the 13th District in the U.S. House of Representatives, stepped down as mayor in November 2005. Vega was then unanimously selected as mayor by the board of commissioners, and recently won the municipal election last May.
During Sires’ administration, his wife Adrienne Sires was also assistant superintendent of schools.
Sires and Vega have been estranged since last summer’s primary election, and were on separates sides of Hudson County’s feuding democratic parties.
At the end of the 2006-’07 academic year, Brito-Herrera alleges that Superintendent Van Zantan stated she needed to procure a recommendation from Vega to renew her contract, although her original contract had not expired.
Brito-Herrera refused to get the recommendation because she and Vega had long been political rivals. She said that he lacked sufficient knowledge about her performance as director to do so.
As a result, the contract was not renewed and she was demoted back to her former tenured position as an elementary school principal.
Brito-Herrera also said that a recommendation from the mayor is not a professionally-accepted procedure, and that Vega had over-extended his authority. The complaint states that only the chief administrators and a vote by the board has the authority to remove her from her position, citing reasons such as poor performance. The complaint also states that the non-renewal constitutes a breach of good faith and fair dealing on behalf of the board.
Brito-Herrera is asking a judge to rule that Vega is in conflict due to his two positions and that she be reinstated as director and compensated for damages and counsel fees.
Going even further
Brito-Herrera, however, is not stopping at her reinstatement. She is asking the judge to preliminarily and permanently restrain Vega and others acting on his behalf from making further appointments to the board while he holds both positions.
The complaint also asks that the three appointments Vega has made to the board since he’s been mayor be overturned.
Brito-Herrera’s complaint alleges that Vega’s position as mayor and employee of the Board of Education “creates the potential for a direct conflict of interest,” and requests an order from the court for Vega to relinquish one or both of his current positions.
Now both sides are waiting for a court date from Hudson County Superior Court.
“Speaking as a tax payer and as a commissioner, I don’t feel it is appropriate that the mayor use the town attorney, Daniel Horgan [in this matter],” said Lange. “I think that would be a conflict of interest.” To comment on this piece, e-mail Jessica Rosero at jrosero@hudsonreporter.com.