While a report in the Daily Record Friday evening claimed James O'Neill has already filed for retirement, the Chatham superintendent said Saturday he will not confirm or deny his future plans until Monday night's Board of Education meeting.
"I am making no announcement until Monday night," O'Neill wrote in an e-mail to Patch.
O'Neill's current contract expires in June. A three-year extension—that exceeds Gov. Chris Christie's salary cap for school administrators in districts the size of Chatham—was by the Board of Education.
However, it has never been officially authorized by Morris County Executive Superintendent Kathleen Sarafino.
In an e-mail to Patch on Saturday, O'Neill remained firm in his stance against the governor's salary cap.
"I am the Chief Officer of a $55 million education business," O'Neill wrote. "Do most people really believe that $200k is an exorbitant salary for someone in charge of $55 million, 4,000 students, 500 employees, academic and athletic activities which run 6 or 7 days a week for 10 months of the year?"
If O'Neill does retire, he said he would likely accept a role as an interim superintendent. However, the state would prohibit him from becoming an interim superintendent in any district for at least 30 days after his retirement and 120 days before he could return on an interim basis to Chatham.
O'Neill said, however, if he does retire, he likely won't be returning to Chatham any time soon.
"I think it is unlikely I would be back in Chatham in the immediate future if I retired this year," O'Neill wrote.
According to the Daily Record, a spokesman from the Treasury department confirmed O'Neill's retirement filing was received on Jan. 5. O'Neill told Patch he never confirmed or denied if he's retiring when contacted by the Daily Record.
Board of Education President Steve Barna said Saturday he had not received any notification of O'Neill's potential retirement.
"Certainly, we do not have any letter of resignation or anything from Mr. O'Neill," Barna said. "We do have a board meeting on Monday. We continue to try every avenue possible to retain him."
In January, the New Jersey Association of School Administrators on behalf of O'Neill and Long Hill Township Superintendent Dr. Renee Rovtar against the Department of Education to block Christie's salary caps for school administrators.
However, the salary caps took effect on Feb. 7, and now officially limit administrators in districts the size of Chatham to a salary of $165,000.
The Parsippany Board of Education filed its own lawsuit against the state on behalf of its superintendent, LeRoy Seitz, whose contract also exceeds the cap and was approved by the school board, but not officially authorized by the county superintendent. However, the district has honored the contract and has paid Seitz under the new contract retroactive to Dec. 1.
After warning the Parsippany Board of Education to rescind the contract or the district's state aid will be withheld, Christie's office said Friday Parsippany's school budget until the contract is voided.
"What finally is the resolution there may dictate options for us," Barna said.
But Barna pointed out that Parsippany's situation is slightly different to the one in Chatham.
The Parsippany Board of Education contends its superintendent's contract was approved by Serafino via e-mail, while the county superintendent has said no official authorization was ever granted.
Meanwhile, the Chatham Board of Education has not received any response on the contract for O'Neill, who remains under his original contract with a $210,000 salary that expires at the end of this school year.
"We've chartered our attorney to look under every rock possible to see if there are any alternate paths. We believe we have the right to extend the contract we did to Jim," Barna said. "If things stay on path, he's going to have to retire, what we're trying is out in the margins."
If there is no alternative, Barna doesn't expect O'Neill to accept the reduction in pay to remain the district's superintendent under Christie's salary cap.
"It would be much better for him to retire and accept an interim position in another district," Barna said.
If that ends up being the case, Barna expects the district to face a steep challenge in finding O'Neill's replacement.
"I believe it will be very challenging if we go out into the open market and look for a superintendent with the right kind of qualifications to step into a district like Chatham at the price point the governor has laid down," Barna said. "The only people you could get in that bracket would be very inexperienced, first-time superintendents or superintendents from a small district."
The Board of Education will meet in the Monday night at 7:30 p.m.