Since 2017, Michael Inzelbuch has served as Lakewood Board of Education Attorney at a $475-per hour salary. In that amount of time, taxpayers have forked up more than $6 million - close to $900,000 per year.
However, this contract may ground to a halt at the end of this month.
On February 25, 2025, the state Department of Education’s Office of Fiscal Accountability and Compliance (OFAC) issued a scathing nine-page report, stating that Inzelbuch’s contract was problematic because it was not put out to competitive bid to ensure the most affordable legal services. The contract also does not require detailed invoices and improperly guarantees that he will earn $50,000 per month no matter how much work is done.
“The $50,000 is listed as a ‘flat fee’ in the contract and is not predicated on an hourly rate, number of hours worked, or number of days worked,” the report, issued by OFAC Director Jamar E. Purnsley, stated. “The retainer amount is decided for the year, in advance of the service, regardless of when payment is actually issued and irrespective of the actual work performed. Accordingly, this type of payment arrangement is contrary to the regulatory prohibition against advance payments.”
Just weeks after the issuance of this report, State Monitor Louise Davis - who was appointed last October - blocked Inzelbuch's reappointment for another year. His current contract ends June 30.
The board has appealed that denial to the state education commissioner, who is expected to forward it to an administrative law judge for review. The Board has already forked up $142,000 in legal fees related to this appeal which is being handled by outside counsel.
In the meantime, Inzelbuch submitted his own OPRA request to the State Education Department seeking their emails related to his contracts going back to 2017.
After numerous requests for extensions of time, the Education Department advised they found 1,300 emails, and for them "to review approximately 1,300 results for responsiveness and applicable OPRA exemptions or exceptions would substantially disrupt agency operations… [therefore,] please narrow the scope of your request.”
After Inzelbuch further narrowed the scope of his request, DOE again requested numerous extensions and then finally responded that there were 1,261 responsive emails and reviewing same would “substantially disrupt agency operations.”
Inzelbuch has now filed a civil complaint and motion for order to show cause in New Jersey Superior Court in Ocean County seeking to compel the state to release the requested emails.
"Consistent with the law, Plaintiff sought access to certain government records pursuant to OPRA and Plaintiff’s rights at common law. In violation of these laws, Defendants denied Plaintiff access to its public records by failing and/or refusing to produce documents responsive to Plaintiff’s request for such public records. The repeated delays are without basis and constitute a denial of the request for documents. Defendants have engaged in an improper course of conduct and failed to comply with their obligations under OPRA and the common law," Inzelbuch wrote in his legal filing, which seeks for the requested documents as well as his fees and costs of suit.
Ocean County Superior Court Assignment Judge Francis Hodgson has granted a hearing on the Motion for Order to Show Cause to be held on Thursday, July 3, 2025. The State has not yet responded to the motion.
To join the FAA News WhatsApp Status, click here.
No comments:
Post a Comment