Bound Brook School District 111 West Union Avenue Bound Brook, NJ 08805 Tel: 732-356-2500 x 3575 Fax: 732-271-9097

Danielle Mancuso Business Administrator/Board Secretary

Dear Ms. Portacio: Enclosed please find certified Tenure Charges and Statement of Evidence filed with my office on August 3, 2016. Pursuant to N.J.A.C. 6A:3-5.1(b)(3), you have 15 calendar days from your receipt of these Charges and Statement of Evidence to submit to the Bound Brook Borough Board of Education a written Statement of Position and a written Statement of Evidence. Both Statements must be executed under oath. Upon receipt of the written Statement of Position and written Statement of Evidence, or the expiration of 15 days, the Board of Education will consider the Tenure Charges at an executive session meeting and will determine (again, in executive session) by formal vote whether there exists probable cause to credit the evidence in support of the charges and whether such charges are sufficient to warrant dismissal or a reduction in salary. You will be advised in writing once the Board takes formal action regarding the charges. If you have any questions regarding the procedures in this matter, please feel free to contact rue.

Sincerely,

Danielle Mancuso Board Secretary

APRUZZESE, McDERMOTT, MASTRO & MURPHY P.C. 25 Independence Boulevard P.O. Box 112 Liberty Corner, New Jersey 0793 8 (908) 580-1776 Attorneys for Bound Brook Borough Board of Education IN THE MATTER OF THE BOUND BROOK BOARD OF EDUCATION

and

TENURE CHARGES

GLADYS PORTACIO

Danielle Mancuso, of full age, hereby certifies as follows: 1.

I am employed as Board Secretary/Business Administrator for the Bound Brook

Board of Education. 2.

On August 23, 2016, I served by way of First Class Mail and Certified Mail the

Tenure Charges, the Statement of Evidence, Certificate of Determination and Cover Letter in the Matter of the Bound Brook Board of Education and Gladys Portacio to her attorney as follows:

David J. DeFillippo, Esq. Detzky, Hunter & DeFillippo 45 Court Street Freehold, New Jersey 07728 3.

I certify that the foregoing statements made by me are true. I am aware that if any

of the foregoing statements made by me are willfully false, I am subject to punishment.

A_A Danielle Mancuso Board Secretary/Business Administrator Dated: August 23, 2016

IN THE MATTER OF THE BOUND BROOK : BOARD OF EDUCATION and GLADYS PORTACIO

CERTIFICATE OF DETERMINATION

I, Danielle Mancuso Board Secretary/Business Administrator for the Bound Brook Borough Board of Education, hereby certify as follows: 1.

I attended the Bound Brook Board of Education meeting on August 22, 2016. In

closed session, the Bound Brook Borough Board of Education considered tenure charges submitted by the Superintendent of Schools, Daniel Gallagher, against Gladys Portacio. 2.

3.

At that meeting, the Bound Brook Borough Board of Education determined that: a.

There is probable cause to credit the evidence in support of the Charges;

b.

The Charges, and the evidence in support of the charge, is sufficient, if true in fact, to warrant a dismissal or reduction in salary;

c.

Gladys Portacio is suspended without pay.

These determinations were made by a majority vote of the whole number of the

Board of Education of the Bound Brook Borough Board of Education.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

CAA "--k-A Danielle Mancuso Board Secretary/Business Administrator Dated: August 23, 2016

APRUZZESE, McDERMOTT, MASTRO & MURPHY P.C. 25 Independence Boulevard P.O. Box 112 Liberty Corner, New Jersey 07938 (908) 580-1776 Attorneys for Bound Brook Borough Board of Education

RECOVER

r

AUG 3 2016

S UF EI NPENDENT

IN THE MATTER OF THE BOUND BROOK : BOROUGH BOARD OF EDUCATION

: TENURE CHARGES

and GLADYS PORTACIO

COUNT I CONDUCT UNBECOMING AND THEFT OF SERVICES 1.

Gladys Portacio has been employed as a School Psychologist for the Bound Brook School District ("District") since September 30, 2004.

2.

She achieved tenure as a teaching staff member as of October 1, 2007.

3.

For the 2015-2016 school year, Ms. Portacio was assigned to the Bound Brook Community Middle School; however as a School Psychologist and member of the Child Study Team, she was expected to spend time at various schools within the District depending on the needs of the District. The school day at the Community Middle School runs from 7:35 a.m. through 2:55 p.m.

4.

The District has had in place, at least since May 2002, a very clear and strict policy for all employees regarding outside activities and work. That policy

explicitly provides that "teaching staff members shall not devote time during their work day to an outside private enterprise, business, or business organization. They shall not solicit or accept customers for a private enterprise, business and/or business organization on school grounds during their work day without the express permission of the Superintendent." 5.

It is expected that all employees will devote their full-time efforts to the responsibilities of their position during the regular work day.

6.

The District has had in place for a number of years a very clear and very strict policy for all employees and students using District computers, lap tops, IPads, District email and District networks. That policy, among other things, explicitly precludes and prohibits the use of the District's computing resources and the District's network for commercial purposes and/or financial gain.

7.

District computers, IPads and email can be used for administrative and educational purposes related to District business only.

8.

Employees are specifically prohibited from using District computers and networks for commercial purposes and/or financial gain.

9.

Employees are further explicitly prohibited from using the District computers, the District network and/or other technology to engage "in other activities that do not advance the educational purposes for which computer network(s)/computers are provided."

10.

All staff, including Ms. Portacio, receive and sign for a copy of the District's policies, including, but not limited to the District's policy governing outside activities and the District policy governing computer and technology usage.

2

11.

In or about May 2016, school officials learned of allegations that Ms. Portacio was performing work for other school districts during the work day when she was supposed to be devoting her efforts to the Bound Brook School District.

12.

A check was made of the District's network and the use of that network by Ms. Portacio.

13.

A review of the use of the District computer, laptop, IPad and email account provided to Ms. Portacio on the District's network revealed that Ms. Portacio had repeatedly compiled, created, modified and worked on confidential psychological reports and assessments for students enrolled in other school districts. Many of these confidential documents were created, revised and accessed during Ms. Portacio's regular work day. These confidential student reports are stored on the Bound Brook computer network despite the fact that they have nothing whatsoever to do with Bound Brook students.

14.

The review of Ms. Portacio's computer, network and email usage also revealed inappropriate use of e-mails between Ms. Portacio and individuals in other school districts and/or parents/guardians of students enrolled in other school districts, through which Ms. Portacio attempted to solicit, arrange and schedule psychological evaluations of non-Bound Brook students for her own financial gain. Many of these emails were sent and received during Ms. Portacio's regular work day.

15.

Ms. Portacio also inappropriately used her District email account and the District network to send and receive confidential student documents not related to the District, including psychological reports and assessments of students from other

districts and revisions thereto, vouchers for payment from those districts to her personal business and other non-Bound Brook related documents, some of which she had prepared and created on the Bound Brook computer network during her regular work day. 16.

The District's review of the computer network and the use of same by Ms. Portacio reveals more than one hundred (100) Bilingual Psychological Reports created, revised and/or accessed on Bound Brook computers and stored on the Bound Brook computer network. These Bilingual Psychological Reports are confidential records related to students in other districts and have nothing whatsoever to do with Bound Brook.

17.

The confidential Bilingual Psychological Reports found on the Bound Brook computer network, which were created, revised or otherwise accessed by Ms. Portacio during her regular work day, include reports for at least fifteen (15) other school districts.

Those districts include, without limitation, the following:

Hillsborough (6 reports); North Plainfield (30 reports); East Windsor (10 reports); Franklin (15 reports); Matawan Aberdeen (7 reports); Somerset Hills Regional (4 reports); Rahway (8 reports); New Providence (4 reports); South Plainfield (1 report); Hackettstown (1 report); West Morris Mendham (3 reports); Flemington Raritan (1 report); Hunterdon Central (1 report); Cols Neck (1 report); and, Elizabeth (1 report). These confidential student reports, while stored on the Bound Brook computer network, have nothing whatsoever to do with Bound Brook or any Bound Brook students, The reports include confidential information and identifying information for non-Bound Brook students.

4

18.

During the 2015/2016 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least thirty-three (33) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional eleven (11) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 1,727 minutes, or 28.78 hours during her regular work day working on reports related to students from other district during the 2015/2016 school year. That is time she should have been devoting to Bound Brook.

19.

During the period from January 1, 2016 through June 30, 2016, Ms. Portacio sent and received e-mails related to non-Bound Brook students during regular work hours on approximately one hundred (100) occasions. Some of those emails included sending and/or receiving confidential reports, vouchers and other documents, all of which were sent from and/or received on the Bound Brook computer network during the regular work day. There are also numerous additional emails unrelated to Bound Brook business sent and received by Ms. Portacio on the Bound Brook network outside of work hours. Some of the emails include confidential and identifying information regarding students from other districts, wholly unrelated to Bound Brook.

20.

During the 2014/2015 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least

5

twenty-eight (28) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional twenty-one (21) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 1,192 minutes, or 19.86 hours during her regular work day working on reports related to students from other district during the 2014/2015 school year. That is time she should have been devoting to Bound Brook. 21.

During the 2013/2014 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least thirty-nine (39) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional thirty (30) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 844 minutes, or 14.06 hours during her regular work day working on reports related to students from other district during the 2013/2014 school year. That is time she should have been devoting to Bound B rook.

22.

During the 2012/2013 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook networldcomputers during her regular work day at least nineteen (19) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional thirty-three (33) times during non-school hours. Computer records

6

reflect that Ms. Portacio spent at least 486 minutes, or 8.1 hours during her regular work day working on reports related to students from other district during the 2012/2013 school year. That is time she should have been devoting to Bound Brook. 23.

During the 2011/2012 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least twenty-five (25) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional thirty-four (34) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 694 minutes, or 11.56 hours during her regular work day working on reports related to students from other district during the 2011/2012 school year. That is time she should have been devoting to Bound Brook.

24.

During the 2010/2011 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least ten (10) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional eight (8) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 305 minutes, or 5.08 hours during her regular work day working on reports related to students from other district during the 2010/2011 school year. That is time she should have been devoting to Bound Brook.

7

25.

During the 2009/2010 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least five (5) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional fifteen (15) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 316 minutes, or 5.27 hours during her regular work day working on reports related to students from other district during the 2009/2010 school year. That is time she should have been devoting to Bound Brook.

26.

During the 2008/2009 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least eleven (11) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional seventeen (17) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 466 minutes, or 7.77 hours during her regular work day working on reports related to students from other district during the 2008/2009 school year. That is time she should have been devoting to Bound Brook.

27.

During the 2007/2008 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least eight (8) times. She also used the Bound Brook computer network and computers to

8

access reports related to non-Bound Brook students at least an additional six (6) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 159 minutes, or 2.65 hours during her regular work day working on reports related to students from other district during the 2007/2008 school year. That is time she should have been devoting to Bound Brook. 28.

During the 2006/2007 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least seventeen (17) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional six (6) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 517 minutes, or 8.62 hours during her regular work day working on reports related to students from other district during the 2006/2007 school year. That is time she should have been devoting to Bound Brook.

29.

During the 2005/2006 school year, Ms. Portacio created, revised and/or otherwise accessed confidential Psychological Reports related to non-Bound Brook students on the Bound Brook network/computers during her regular work day at least eleven (11) times. She also used the Bound Brook computer network and computers to access reports related to non-Bound Brook students at least an additional eight (8) times during non-school hours. Computer records reflect that Ms. Portacio spent at least 549 minutes, or 9.15 hours during her regular work day working on reports related to students from other district during the 2005/2006 school year. That is time she should have been devoting to Bound Brook.

9

30.

The times specified as spent during the work day reflect the minimum amount of time Ms. Portacio could have spent during the work day doing work for other districts. In some instances, it is difficult to ascertain from the computer records the precise amount of time spent during the work day. She could, in fact, have spent considerably more time during the work day working for other districts.

31.

Ms. Portacio used District provided technology and the District's network for her own personal financial gain at the expense of the district and its students. The work for other done during her regular work day constitutes theft of services from the Bound Brook School District.

32.

Ms. Portacio charges $450-$500 for each psychological assessment and report and $600 if a translation is necessary. These fees are paid directly to Ms. Portacio. Based on the $450 rate, the one hundred (100) reports found on the Bound Brook network generated at least $45,000 of revenue to Ms. Portacio.

33.

There were eighteen (18) vouchers from Ms. Portacio to other school districts, covering the period from March 28, 2006 through April 28, 2016, found on the Bound Brook network for a total amount of $7,700.00. These vouchers have nothing whatsoever to do with the Bound Brook School District or any Bound Brook students.

34.

The District was able to obtain copies of purchase orders and payment records of payments made to Ms. Portacio by other districts. The payments include those made to Ms. Portacio from 2009 through 2016 from the following districts West Morris Regional School District, Franklin Township, East Windsor, MatawanAberdeen, Hunterdon Central, Alexandria Township, Somerville, Warren

10

Township, Bridgewater-Raritan, Hillsborough, Franklin Township and North Plainfield. The total payments to Ms. Portacio reflected by these documents are $203,350.00. These are the only districts Bound Brook was able to receive records from. There could be significant additional payments to Ms. Portacio from other school districts 35.

The District was also able to obtain copies of board of education agendas from some of the other district where payments to Ms. Portacio were approved and/or where she was approved as a provider of psychological assessment services for bilingual students. Those districts include, without limitation, Flemington Raritan Board of Education (6/17/13 agenda); South Plainfield Board of Education (4/27/16 agenda); Aberdeen Board of Education (3/26/12 agenda); Dunellen Board of Education (4/27/10 agenda); Colts Neck Board of Education (12/4/13 agenda); Alexandria Township Board of Education (11/14/14 agenda); Franklin Township Board of Education (10/22/14 agenda); East Windsor Board of Education (81/31/15 agenda);; Madison Board of Education (6/24/14 agenda); and, Somerset Hills Board of Education (5/6/15 and 4/25/12 agendas). The documents reflect that Gladys Portacio had a lucrative side business performing psychological assessments for students in many other districts.

11

COUNT II: CONDUCT UNBECOMING 1.

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records.

2.

FERPA requires a school district to protect the privacy rights of students and their parents.

3.

District policies explicitly require compliance with FERPA. Teaching Staff members and child study team members in the Bound Brook School District, including Ms. Portacio, receive training with respect to FERPA, with significant emphasis placed on the confidentiality of student records. This is particularly relevant and important when dealing with special needs students such as those students evaluated by Ms. Portacio.

4.

Ms. Portacio has created, revised and stored numerous confidential reports related to students in other districts on the Bound Brook computer network where they are accessible to employees and staff who have no reason to see these confidential student records. She has also sent and received confidential student records related to non-Bound Brook using the District's email system and network.

5.

Storing confidential records of non-Bound Brook students on the Bound Brook network jeopardizes the privacy of those confidential records.

6.

Such conduct is conduct unbecoming a teaching staff member.

WHEREFORE, the foregoing unbecoming conduct warrants Gladys Portacio's dismissal from the Bound Brook Borough School District in accordance with N.J.S.A. 18A:6-10.

12

enure C

I hereby certify that the foregoing represe

es again1r Glaj s Portacio.

Dr. Daniel Gallagher, uperint Sworn and subscribed to before me this 3 raday of August 2016

ANN MARIE WOOLFORD NOTARY PUBLIC OF NEW JERSEY My Commission Expires 02/22 /2017

13

Portacio Tenure Charges.pdf

Danielle Mancuso. Board Secretary/Business Administrator. Dated: August 23, 2016. Page 3 of 16. Portacio Tenure Charges.pdf. Portacio Tenure Charges.pdf.

699KB Sizes 2 Downloads 185 Views

Recommend Documents

Physics Department - Tenure Track Tenure-track position in the ...
Research programs in PSU Physics are primarily in the areas of biophysics ... collaborative opportunities that connects Oregon's three public research universities ... Applications must be submitted online to: https://jobs.hrc.pdx.edu. Review of ...

HIV DRP tenure track ad.pdf
Page 1 of 1. Department of Health and Human Services (HHS). National Institutes of Health (NIH). National Cancer Institute (NCI). Center for Cancer Research ...

Reliance Dual Advantage Fixed Tenure - NSE
Aug 24, 2017 - Sub: Listing of units issued by Reliance Nippon Life Asset Management Limited. (Reliance Dual Advantage Fixed Tenure Fund XI Plan D). In pursuance of Regulation 3.1.1 of the National Stock Exchange (Capital Market) Trading. Regulations

Tenure Track Group Leader in Aquatic Physics
Eawag, the Swiss Federal Institute of Aquatic Science and Technology, is an ... ducts research, education and expert consulting to achieve the dual goals of ...

Reliance Dual Advantage Fixed Tenure - NSE
Jan 15, 2018 - Address of the Asset Management Company: Reliance Nippon Life Asset Management Limited. Reliance Centre, 7th Floor South Wing,.

Tenure Track Group Leader in Aquatic Physics
Eawag, the Swiss Federal Institute of Aquatic Science and Technology, is an internationally ... names and contact information for at least three academic references ... Career webpage, any other way of applying will not be considered. The link ...

Reliance Dual Advantage Fixed Tenure - NSE
Aug 24, 2017 - For the purpose of trading on the system, the security shall be identified only by its designated codes and ... Manager. Telephone No ... Limited. Reliance Centre, 7 th ... Address of the Asset Management Company: Reliance ...

Tenure Eligible SW Professor.pdf
North Carolina State University Department of Social Work invites applications for ... MSW and most recent, the dual JD/MSW degree with Campbell Law School. ... Final candidates are subject to criminal & sex offender background checks.

Tenure Track Recruitment Guidelines.pdf
The Search Committee. Page 3 of 16. Tenure Track Recruitment Guidelines.pdf. Tenure Track Recruitment Guidelines.pdf. Open. Extract. Open with. Sign In.

The Loan Structure and Housing Tenure Decisions in ...
This change would be reflected in the house value at the time of sale. An additional .... The financial intermediary is a zero%profit business. The firm receives the ... based on some fraction, θ, of the average income of workers. These payments ...

Housing Tenure Choice and the Dual Income Household
Nov 24, 2008 - sive tax systems induce more home ownership for high income households. As seen in this result, the tax rate is an important variable in tenure choice studies. ... savings decision by the household, which makes wealth ..... An addition

TENURE AND RESOURCE MANAGEMENT IN THE GAMBIA - USAID
Jun 6, 1993 - All views, interpretations, recommendations, and conclusions expressed ... Section III describes the settlement history, social structure, and villages institutions of ... study village site of Dumbutu respond to the needs of the commun

Scientist (tenure track position) in coastal ... -
senior HR advisors. You can apply online via: https://www.workingatnioz.com/our-jobs/scientist-(tenure-track-position)-in-coastal-biophysical- · oceanography.html.

TENURE AND RESOURCE MANAGEMENT IN THE GAMBIA - USAID
Jun 6, 1993 - The rice cultivation valley is divided into various place names. Swamp rice ...... Other reasons cited were: the cost of bullets and guns and ...... Protection of one forested domain may incur excessive exploitation in another. The.

Tenure and the Future of the University
May 29, 2009 - especially at community colleges and non- selective ... community colleges (67% of all faculty) and .... limit online courses (16), and at the Uni-.

Tenure-track professor position in Conservation of Biodiversity Faculte ...
Participating in continuing education and extension activities;. - Participating in departmental, university and private and/or public sector committees;.

Tenure-Track Faculty Position Sedimentology The University of ...
Details regarding existing research programs, ... teaching statements, and a list with the contact information for at least three referees. ... our existing faculty research areas in geophysics, sedimentology, basin analysis, and petroleum geology.

Tenure-track professor position in Conservation of Biodiversity Faculte ...
Participating in continuing education and extension activities;. - Participating in departmental, university and private and/or public sector committees;.