MARBLEHEAD — The superintendent's pick for business manager will have to wait for a contract offer from the School Committee. For now, Brian Salzer's hiring is nullified.
The board voted 5-0 last night to reject Superintendent Paul Dulac's after-the-fact recommendation of Salzer, who finished one year as principal of Swampscott High School and had already signed a contract for the business manager job at $125,000.
The superintendent's earlier contract had been invalidated because the committee had not taken a vote to hire Salzer. What's more, the school district had budgeted only $103,000 for the position.
"It's clear the law was violated in this particular process," said committee member Jonathan Lederman, who had handed out a legal opinion, although at least Chairwoman Patricia Blackmer questioned her colleague's legal opinion.
"I want to make sure this kind of thing can't happen in the future," Lederman added.
Anticipating a rejection, Salzer had already sent the committee members an e-mail indicating he was open to discussing the terms of another contract.
"I am very excited about this position, looking forward to working together as a team, and planning a successful entry into the position of business manager with the hope of a long-term and effective working relationship," Salzer wrote.
The superintendent's decision to offer Salzer a job $22,000 over the budgeted amount angered resident Tom Connolly.
He called on the committee to investigate what he described as "malfeasance" on the part of the superintendent. The town had been a victim an arrogant abuse of power, Connolly told the committee during the public's time to speak.
"Our public schools have been in a shadow too long," he said in a prepared statement.
Special Education Director Robert Bellucci, who stood in for Dulac last night, circulated a two-page letter from the superintendent, who is currently on medical leave.
In the letter, Dulac said he took legal advice from an attorney with the Massachusetts Association of School Superintendents to negotiate a contract with Salzer.
He further explained he had offered the salary based on Salzer's present income of $124,000. Dulac had planned to lower the salary on a another administrative hire to make up the difference.
By letter, the superintendent asked the five-member panel to approve Salzer's two-year contract, a request committee members rejected.
"I'm looking at this recommendation, and this is a recommendation after the fact," Lederman said. "The policy was not followed as a district."
He also said that the superintendent's decision on Salzer may have hurt credibility with the public and helped derail Monday's votes for school override items.
His colleague EuRim Chun said the committee wants the opportunity to hire the business manager correctly.
The board also expressed concern that Dulac had offered Salzer his contract beyond what had been budgeted and later asked to strengthen the policy about hiring practices.
Committee member Dick Nohelty said the committee has an obligation to the town to ensure the district's contracts are proper.
"If any fingers are to be pointed, it needs to be pointed at us because it's our responsibility," he said.
Later in the meeting, the committee agreed to go into secret session to discuss negotiating a contract.
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