A judge this morning determined that three Elizabeth School Board members – all city employees – acted improperly and out of a conflict of interest when they voted to make At-Large Councilman Frank Cuesta assistant superintendent of schools in the Union County river city.

The vote in favor of Cuesta by city employees amounted to the board members using the sphere of influence of the public schools to empower their city boss, the judge said.

A fourth board member also got a finger wagging – he has a relative employed by the city.

Judge Thomas Betancourt issued his ruling as part of a complaint filed in the interest of former Board of Education employee Don Goncalves, bounced out of his job as board secretary to make way for Cuesta in a new position. the vote occurred after those forces affiliated with Mayor Chris Bollwage and state Senator Ray Lesniak (D-20) took over the school board from long-ruling chieftain Rafael Fajardo, ally of Goncalves.

Cuesta’s with the mayor and company.

The judge denied Goncalves’ right to his old job back, but also ruled Cuesta out of the six-figure position.

Betancourt ruled that board members Stanley Neron, Maria Carvalho and Daniel Nina should not have voted on Cuesta’s hiring, and censured them.

All three hold public jobs in the city, where Cuesta serves as an at-large city councilman.

Carvalho works as executive assistant for the Department of Community and Planning. Neron works as executive assistant director of the Department of Health and Human Services. Nina is a firefighter.

The judge wrote in his summary decision, “The votes to hire Mr. Cuesta could easily be perceived my members of the public as improper and done to curry favor with Mr. Cuesta.”

So Cuesta’s could be out of a job – but not if the board can help it.

“Today’s action is an opinion and recommendation from an Administrative Law Judge and not a decision,” said BOE Spokesman Pat Politano. “The School District will argue before the School Ethics Commission that the recommendation  misstates the relationship and responsibilities of an Elizabeth City Councilman.

“Mr. Cuesta does not make hiring decisions or salary decisions solely. He does not have supervisory authority over city employees,’ Politano added. “The school district maintains that all of its Board of Education members have acted responsibly and ethically and looks forward to making that case to the School Ethics Commission.”