COURT HOUSE – Anne-Marie Fala, former Wildwood Crest Board of Education business administrator, filed suit Aug. 28 in Superior Court here against her former employer under the Conscientious Employee Protection Act (Whistleblower’s Act) for wrongful termination. She also claimed breach of contract and seeks a jury trial.
Her attorney is Kevin M. Costello of the firm Costello & Mains of Mount Laurel.
Fala began working as business administrator June 1, 2012.
She alleged immediately after a Dec. 16, 2014 board meeting, which appointed Dave DelConte as chief school administrator effective Jan. 1, 2015, that four of five board members, “excluding only the board Vice President Jim Bradley, met at a bar wherein they discussed business of the Wildwood Crest Board of Education.”
Then, she alleges, on Dec. 18, Bradley told her of that post-session meeting. She noted her objection, since all board meetings are required to be held in public, and there was no notice that such a meeting would be held after the regular meeting.
Bradley expressed to the plaintiff that this was not the first time the board had excluded him from conversations regarding the business of the board or from the decision-making process.”
Bradley sent an email to DelConte Dec. 17 in which he referred to the “quasi-board function” after the board meeting that was “wrong and treads on ethical grounds.”
Board Solicitor Amy Houck, DelConte and Board President Joseph Schiff were all informed of Fala’s complaint about the post-session meeting.
On Feb. 12, 2015, DelConte met with Fala and reportedly stated that Schiff asked him if he planned to renew her contract as business administrator. “Schiff told DelConte that the board would not renew Fala’s contract on June 30, 2015. That action was reaffirmed by a board vote April 28.
On May 1, she got a letter from the board stating her final date of employment would be May 1, 2015, although she would be paid until her contract ended June 30, 2015.
Fala alleges that the non-renewal of her contract was “intentional, purposeful, willful and egregious retaliation” by upper management.
She believes that she is entitled to protection under the act.
Board Statement
On behalf of the Board of Education Superintendent David DelConte Jr. stated, “The Board does not comment on pending litigation or personnel, but the board is confident that it has acted in full compliance with the law.”
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