Judge: Preponderance of Evidence Hibbs Violated Ethics Rule

In a lengthy and costly administrative proceeding before Office of Administrative Law Judge Jacob Gertsman, the judge dismissed one of two pending ethics complaints against embattled Marlboro school superintendent Eric Hibbs. However, Gertsman in his June 30th, 22-page decision, that testimony presented thus far could lead reasonable minds to conclude that a preponderance of credible evidence shows Hibbs violated NJSA 18A:12-24(c), which states:

"No school official shall act in his official capacity in any matter where he, a member of his immediate family, or a business organization in
which he has an interest, has a direct or indirect financial
involvement that might reasonably be expected to impair his
objectivity or independence of judgment. No school official shall act
in his official capacity in any matter where he or a member of his
immediate family has a personal involvement that is or creates some
benefit to the school official or member of his immediate family."

The second charge, N.J.S.A. 18A:12-24(b), which alleged that Dr. Hibbs used his position as Superintendent to secure unwarranted employment for Dana Blair as Director of Special Services, was dismissed. This ruling addresses Mr. Hibbs' motions for dismissal.
Below are some findings extracted from the OAL report:

This matter arises from a decision in which petitioner, School Ethics Commission (SEC or Commission) found probable cause to credit a complaint alleging violations of the School Ethics Act, N.J.S.A. 18A:12-22 to -34, by respondent Eric Hibbs (Hibbs), Superintendent of the Marlboro Township School District(District).

Specifically, the Commission alleges that Hibbs used his official position to secure unwarranted employment for Dana Blair as Director of Special Services for the District, in violation of N.J.S.A. 18A:12-24(b), and that Hibbs' personal involvement in the hiring of Bernard Bragen, a former superintendent with the Hazlet school district-- with whom the SEC further alleges that Hibbs had a past business relationship, as Dana Blair's paid mentor, violated N.J.S.A. 18A:12-24(c).

Compelling testimony came from former Board member, Ms Dara Enny, serving from 2014-2020, regarding the hiring of the inexperienced Ms. Dana Blair for Director of Special Services.

Ms. Enny first heard of Bragen, the paid mentor for Ms. Blair, shortly before a June 12, 2018, Board meeting. Ahead of the meeting she was given notes on each candidate. The notes for Blair indicated that she had applied for the principal position, but that Hibbs "felt that she was the most qualified person for the job of Director of Special Ed with Dr. Bragen as the mentor." The notes on Blair also stated that she did not have special education experience, and Enny wondered how somebody without special education experience could fulfill the responsibilities of Director of Special Services. Finally, the notes on Blair stated that "she can bring people together and that's what we need and the other stuff will come in time."

Enny described the June 12, 2018, Board meeting at which Hibbs, Ballone, Hart, and Hendrickson spoke in support of her candidacy. At another Board meeting the following week, the Board met with Blair, and then convened an executive session in which they discussed her qualifications. There was concern among the members about her lack of special education experience, but "Hibbs said that Dr. Bragen was there to help her along, that he was going to be her mentor and that everybody coming into any position in our township . . . gets a mentor."

Enny "knew that [Blair] didn't have the right qualifications," but voted against her hire "because of the process, not the person," that is, Enny was "totally against the process of only bringing in one person" during the hiring process for Director of Special Services.

She also noted that during the regular session of the Board meeting, there were parents who also raised concerns about Blair's lack of special education experience.

Enny testified that Hibbs did not disclose to the Board his business relationship with Hazlet. Enny also testified on cross-examination about her concern about the extent of special education litigation between parents and the District due to "the District not doing what they should do for special needs children and them fighting everybody every step of the way," and conceded that one quality in a Director of Special Services would be interpersonal skills to help avoid such litigation. Additionally, she conceded that she voted to renew Blair's contract a year later since "it was just easier at that point to just go along with it and it was just easier for me."

Former Board member Ms. Ellen Xu serving the Board from 2016-2019, also had doubts regarding Ms. Blairs qualifications.

Like Enny, Xu testified that Hibbs represented to the Board that Blair was "the most qualified candidate," and that although she did not have the "relevant experience," the prospect of hiring Bragen, with extensive special education experience, as her mentor, "give us some confidence that she might be able to handle this position." She voted "yes [for Blair] with doubts in my mind."

If this hiring process is illustrative of hiring school officials--especially those that are in charge of our most vulnerable--our classified special education children--this Board of Education has to conduct a sweeping assessment, and suitability for employment of certain leaders in this district that indeed approved the hiring of Ms. Blair--and hold those responsible and accountable for this costly debacle. Ms. Robyn Wolfe, Board president, and a strong Hibbs supporter, called the ethics charges against Mr. Hibbs "meritless." Does she still believe that now?

The case now gets handed back to the School Ethics Commission where Hibbs needs to prove whether or not he violated NJSA 18A:12-24(c).

Former Board members, Ms. Enny and Ms. Xu should be loudly applauded for voicing their doubts about the qualifications and inexperience of Ms. Blair.

Further kudos should be given to former Board member and mayoral contender, Mr. Craig Marshall. Mr Marshall initially brought this situation to the attention of the School Ethics Commission.

As for those Board members that supported Mr. Hibbs during this disgraceful process--including those Board members that prematurely renewed his contract-- you need to collectively bow your heads in shame and resign from one of the premier school boards in this state. Your position is to look out for the children and taxpayers of this district, along with overseeing the duties and responsibilities carried out by the school superintendent.

We know Board members don't run the schools; they ensure it runs well.

For that, this Board gets a failing grade. This November four seats are up for election.

This is the opinion of the MonmouthWatchdog.