Judge denies bid by Mount Olive schools superintendent to overturn suspension

A judge has rejected Mount Olive school Superintendent Robert Zywicki's request to nullify his October suspension, which he claimed violated the state's Open Public Meetings Act.

State Superior Court Judge Louis Sceusi's decision, released Monday following a hearing last week, also denied a motion to fully reinstate Zywicki, who was placed on paid leave. But the ruling also allowed the suspended schools chief to continue with lawsuits totaling more than $20 million that he's threatened to file against four school board members.

"I am very pleased that the judge fully agreed with our legal position and found that Dr. Zywicki could not prevail in his claims that the Board violated the Sunshine Law or his rights in any way, shape or form," board attorney Marc Zitomer said in an emailed statement to the Daily Record on Monday.

Zywicki was named superintendent of the Mount Olive district in 2018. Neither he nor the board have publicly explained the reason for the suspension.

Zitomer declined on Monday to discuss if or when Zywicki could be reinstated to his full duties, citing confidentiality concerns. In October, the Mount Olive school board elevated Assistant Superintendent Sumit Bangia to acting superintendent through Dec. 31.

In a lawsuit filed in late October, Zywicki alleged that the board violated the Open Public Meetings Act, commonly known as the Sunshine Law, by suspending him in closed session during its Oct. 10 meeting. The suit also highlighted the board's failure to send Zywicki a Rice Notice, a notification legally required when a board plans to discuss an individual's employment at a meeting, before announcing his suspension Oct. 17.

Zitomer admitted that he mistakenly thought the notice had been sent to Zywicki. However, he said the notification was not necessary for the Oct. 17 meeting because the closed session included legal matters covered by attorney-client privilege which Zywicki would not have been privy to.

Sceusi sided with the school district, citing the 1982 case of Crowe v. De Gioia that outlines the criteria needed to issue an injunction. The judge said Zywicki failed to prove, "by clear and convincing evidence, that there is a reasonable probability of success on the merits" — in other words, that the result of the proceeding would have been different if not for any procedural errors.

"Although the Court is not aware of the circumstances surrounding Plaintiff’s suspension, the Court is able to glean, from the record and testimony provided at oral argument, that the balancing of equities falls in favor of the Board and against plaintiff," the decision read.

Even if the board formally voted to suspend Zywicki Oct. 10 in violation of the Sunshine Law, it "cured any consequent deficiencies" by ratifying the suspension in public a week later, the judge added. Because the board did not discuss the superintendent's employment in public Oct. 17, no Rice Notice was required, the judge ruled.

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"Thus, whether the October 10 session is voidable or not is of no consequence to this Court as it was clearly corrected at the October 17 meeting," the decision read.

Zywicki's attorney, Stephen Edelstein of the Weiner Law Group, released a statement expressing his opposition to the ruling.

"We have read the decision, and, of course, we disagree with the Court’s conclusions," Edelstein said via email. "We are evaluating and considering our appeal options. In the meantime, we will be aggressively pursuing the several claims we have already filed against various members of the board of education."

Zywicki has also filed four tort claim notices, each for $5.13 million, notifying the district that he plans to sue board members Antoine Gayles, William Robinson and Elizabeth Ouimet, and board President Anthony Strillacci. The superintendent allegeds Gayles and Robinson defamed him by publicly discussing his suspension. He also says Ouimet discussed his employment with Gayles via email and that Strillacci should not have been involved in personnel discussions because he has relatives who work for the district.

Kyle Morel is a local reporter covering Morris and Sussex counties.

Email: kmorel@njherald.com; Twitter: @KMorelNJH

This article originally appeared on Morristown Daily Record: Mount Olive superintendent Zywicki lawsuit rejected by NJ judge