Reports out of the Toms River Board of Education meeting for Wednesday, February 17, 2026 is that Paolo Pascarella is out and Marisa Matarazzo has filed suit against the Board with Donald Burke as her attorney…yes, the same Donald Burke who represents Daniel Rodrick against all foes! Our understanding is that Pascarella has an issue with her financial disclosure reporting from 2025 and she resigned prior to the meeting; this is still being confirmed.
Here is a clear, neutral summary of the Verified Complaint filed by Marisa Matarazzo:
Marisa Matarazzo, a duly elected member of the Toms River Regional Board of Education, has filed a lawsuit in Ocean County Superior Court seeking to void a professional services contract between the Board and The Toscano Law Firm, LLC .
The lawsuit alleges that the Board unlawfully retained attorney Patrick Toscano at rates of $850 per hour for in-court services and $750 per hour for out-of-court services, along with a $15,000 upfront retainer, without complying with required public procurement laws and Board policies .
Key allegations in the complaint include:
- Failure to Follow the School Contracts Law
The Board allegedly did not issue a Request for Proposals (RFP) or seek competitive bids before awarding the contract, and failed to meet statutory notice and transparency requirements . - Improper Retroactive Approval
The agreement was signed by the law firm on December 8, 2025, but was not publicly approved by the Board until December 17, 2025. The contract lists December 8 as its effective date, which the lawsuit claims makes the agreement ultra vires (beyond legal authority) and void . - Violation of Board Policies
The complaint states that Board policies require legal services contracts to be awarded through a deliberative process ensuring competitive pricing, and prohibit advance payments. The $15,000 retainer is alleged to violate that prohibition . - Conflict of Interest Allegation
The lawsuit alleges that Board President Ashley Lamb participated in approving and signing the contract despite the Toscano Law Firm’s ongoing representation of her husband. The complaint claims she did not recuse herself, creating a prohibited conflict of interest under New Jersey law . - Open Public Meetings Act (OPMA) Concerns
Because the contract was executed before public approval, the complaint alleges there may have been improper private deliberations in violation of New Jersey’s Open Public Meetings Act .
The lawsuit asks the Court to:
- Vacate and set aside the contract
- Declare it void from the outset (void ab initio)
- Grant any additional equitable relief the Court deems appropriate .
A copy of the entire lawsuit is attached and we believe the next court date is March 30.