State says Rancocas Valley board had no legal basis to grant Carty leave

The Rancocas Valley Regional High School Board of Education’s decision to allow embattled board member Jason Carty to temporarily step away from his elected seat while he fights election fraud and domestic violence isn’t consistent with New Jersey state law.

“There is no explicit provision in state law regarding leaves of absence for board of education members,” said Mike Yaple, a spokesman for the New Jersey Department of Education. “The Department cannot comment on individual board members’ circumstances.”

The department’s statement appears to confirm questions raised earlier this month about whether the nine-member regional school board had the legal authority to approve Carty’s request to step away from his elected position through December 31 while retaining his seat.

The board voted on September 15 to approve Carty’s leave, effective immediately. Board President Jesse Adams subsequently told parents that the board had reviewed the request with its attorney and determined that granting the leave was “in the best interest of both Mr. Carty and the RVRHS school district.”

But state education law does not establish a leave-of-absence mechanism for elected school board members.

The school board’s attorney, Frank Cavallo of Parker McCay, did not return multiple phone calls, text messages and emails seeking an explanation of the legal authority the board relied upon in approving Carty’s leave.

State law does provide mechanisms for vacancies on boards of education and procedures for filling them.  It also provides circumstances under which a member can be removed from office. But those provisions do not expressly create an intermediate status allowing an elected official to temporarily stop performing the duties of the office and then return months later.

That leaves Carty in the unusual position of continuing to hold the Lumberton seat on the regional board while, under the arrangement approved by his colleagues, not participating in board business through the end of the year.

Carty, a veteran Democratic operative and controversial figure in Burlington County politics, faces criminal charges stemming from two separate matters.

In August, the Burlington County Prosecutor’s Office charged Carty and his estranged wife, Lumberton Township Committeewoman Gina LaPlaca, in an election fraud case involving allegedly fraudulent signatures on LaPlaca’s nominating petition for the Democratic primary.

Prosecutors charged Carty with knowingly filing a false petition, two counts of tampering with public records or information, and falsifying or tampering with records.

Carty also faces domestic violence charges involving LaPlaca.

He was charged in May with aggravated assault by strangulation and harassment after an incident at the couple’s Lumberton home.  LaPlaca later recanted the allegation in a sworn statement and asked prosecutors to dismiss the charge, saying Carty had not assaulted her. The charge remained pending.

Police again arrested Carty earlier this month after another incident involving LaPlaca.

According to the criminal complaint, LaPlaca alleged that Carty pushed her down a flight of stairs during an argument over custody of their four-year-old son while she was holding the child.  He was charged with third-degree aggravated assault.

The criminal cases had already placed Carty’s status on the school board under scrutiny.  In June, Adams notified district residents that Carty was under investigation following the first domestic violence case and said any action involving a board member would be handled through legal due process.

Carty also lost his position as Mount Holly’s fire director after a Superior Court judge voided his appointment.