BOE seeks proof of residency for election winners

BLOOMFIELD, NJ — This past Tuesday, Dec. 13, it was expected that the Bloomfield Board of Education would discuss the residency qualifications of two newly elected board members, Gladys Rivera and Lillian Mancheno, at their regular meeting of that night.

While Mancheno was interviewed during the summer by The Independent Press and said she has been a resident in the town for a year, Rivera could not be contacted before Election Day nor did she campaign. But she was interviewed recently by this newspaper.

In that interview, she said she understood a board member must be a resident for at least one year prior to the date they were elected. She said she had that qualification, although she displayed a Motor Vehicle Commission change of address dated March 2016.

Current BOE president, Jill Fischman, in a Monday, Dec. 12 email, said she has asked all four winning candidates to submit proof of their residency. There were three winners for the three three-year seats, including Fischman. The fourth winner was Linda Lo who won an uncontested election to a one-year seat.

“As BOE president,” Fischman said in her email, “I asked for all successful, new candidates to voluntarily submit documents to show that they meet the residency requirements set forth on the nominating petition. I didn’t ask for specific paperwork. Just a few things that show that they have been a Bloomfield resident a year or more prior to the election.”

Fischman gave examples: a driver’s license, income tax return, lease or house deed, tax bill or some bill with appropriate dates.

“Only myself and Linda Lo supplied several documents for review,” she said. “In my opinion both of us have shown we have established residency in accordance to the statute.” Fischman said she had a copy of Rivera’s change of address form.
“She said she was going to provide more things but I haven’t heard back from her,” Fischman said. “She told me her campaign manager, Gary Iacobacci, had her information.”

Iacobucci, who Rivera said is her campaign manager, could not be reached for comment.

Fischman said she would be making a statement at the board meeting on Tuesday.

“Part of that will be my directive to have our residency findings transmitted to the state Attorney General’s Office, the executive county superintendent of schools as well as the state commissioner of education for further investigation,” she said.

The residency-qualification concern for the winning candidates was initiated by two unsuccessful BOE candidates, incumbent Shane Berger and challenger Ben Morse. The candidate vote tally had Fischman with 6,144 votes; Rivera, 4,560 votes; Mancheno, 3,772 votes; Berger, 2,950 votes; and Morse, 1,978 votes.
On Thursday, Dec. 8, Berger said he went to Newark Superior Court for an injunction to prevent Rivera and Mancheno from being sworn in as board members without showing their residency qualification. But without an attorney, his effort was futile. It was the last day for filing an injunction, according to Berger.

“The injunction fell flat on its face,” he said. “But’s it’s only one avenue.”
He expected residency qualifications or a firestorm at the Tuesday meeting.
But board member Emily Smith saw things differently.

“I heard this is an allegation coming from Shane Berger,” Smith said. “Nick Dotoli has explained that the county board of elections has to follow up. I don’t know if there is a problem and the board of elections has to tell us how to handle it.”

Dotoli is the school board attorney.
Smith said the board had received emails from Watsessing School parents concerned with the residency qualifications. But implying some suspicion, she said Berger was the BOE representative to that school and Morse was active with it, too. She said an email from Mayor Michael Venezia also came to the attention of the board and she thought an email from the mayor about this was “odd.”

“I think it’s Shane trying to hold onto his seat,” she said about the controversy.
But if it is determined that any of the newly elected board members is not qualified, Smith said that Berger did not automatically become the replacement simply because he had the fourth-highest number of votes. The replacement, Smith said, would be appointed by the board for a one-year term. Berger said the same thing and that he did not think he would be appointed.

“I do not believe Shane Berger has enough votes to be appointed,” Smith said. “I think people are hearing a one-sided argument. Nick told me a candidate can be asked for their residency qualifications but their response is voluntary.”
Dotoli confirmed this in an email.

He said there was confusion as to who is responsible for verification and investigation of a candidate’s qualifications.
“The nominating petition process is within the total jurisdiction of the county board of elections,” he said in an email. “Challenges to a newly elected board member must be initiated in Superior Court. The board of education has no police power and cannot compel anyone to mandatorily produce any documentation.

Fischman said it was important to note that the nominating petition process, and the accuracy of verifying the requirements for board of education membership, is the role of the county board of elections as they were the ones to collect them.

“It is not the role of the local school district to investigate because we have no power to refuse to seat someone who is elected,” she said. “However, as board president, I’m attempting to verify the residency as best I can on a voluntary basis.”