Former James Monroe School custodian to return to court

• Edison Municipal Court Judge Gary Price decided to postponed the restitution hearing for Jerome Higgins on Tuesday night due to unanswered questions about what the dollar figure should be.
• Due to a pending civil lawsuit by the school district against the insurance company and another lawsuit by the school district%27s insurance company against Higgins%2C the numbers reflecting the district%27s loss may keep changing.
• Jerome Higgins attorney Lawrence Bitterman indicated he would appeal any restitution because restitution is intended as a tool for rehabilitation.

EDISON – A decision on whether the former head custodian at James Monroe Elementary School will be required to pay restitution for smoking inside the Sharp Road building that was destroyed in a six-alarm fire last March has been postponed for at least 90 days.

Municipal Court Judge Gary Price decided to postponed the restitution hearing for Jerome Higgins on Tuesday night because of unanswered questions about what the dollar amount should be.

Higgins' attorney, Lawrence Y. Bitterman, also questioned whether restitution would be appropriate.

"I think restitution is appropriate," Price said.

But with a pending civil lawsuit by the school district against the insurance company and another lawsuit by the school district's insurance company against Higgins, the numbers may keep changing.

Municipal Prosecutor Tara Auciello said the final figure for the district's loss has not been determined. And Bitterman said, in the end, there may be no loss to the district.

"It appears there are many unresolved issues that need to be addressed before I make a final decision as to the amount of restitution. I do believe any amount the Board of Education is out should be paid by the defendant in this case," Price said. "It would be $11 million, $30 million or it could be $25,000. We don't know."

Bitterman indicated he would appeal any restitution. He said restitution should only been required as a tool of rehabilitation.

Daniel Michaud, school district business administrator, said the district is still working with the insurance company and issues related to the renovation work at the location where the school is temporarily house as well as issues related to contents in the school.

"They haven't given us near what we spent so far," he said.

Principal Lynda Zapoticzny said the impact of the loss of the school is really just now starting to hit.

"It's hard," she said, adding the kindness of others has helped carry her through. "It's the sense of loss. It's a hole that never going to be filled again. But ithas brought us so much closer together and has taught so many life lessons, especially for the children."

Zapoticzny said she thinks Higgins has suffered because he loved his job and made a mistake, and now he no longer has that job. Higgins retired last summer.

"I think that's punishment that will follow him the rest of his life," she said. "We're trying to heal and move on."

Last September, Higgins, an East Brunswick resident, was fined $200 by Price for smoking at the school on March 22, 2014.

The school's facilities manager, Higgins was checking on the school that Saturday when he lit a cigarette, smoked it and put it out. A police investigation determined an unfinished portion of the cigarette was tossed into a trash can in the custodian's office where it caught fire and spread through the school.

Price, however, said he still had the power to impose restitution because he felt the use of lighted tobacco in the school caused substantial damage to public property. He ordered restitution be made by Higgins for the damages caused to the school.

An investigation by the Middlesex County Prosecutor's Office did not result in arson charges, aggravated arson or any offense suggesting Higgins actions caused the fire, according to Bitterman, adding his client was not charged with a crime, only a statute violation.

The Edison Board of Education last month filed suit against the New Jersey Schools Insurance Group for failing to provide all the funds needed to rebuild the James Monroe School. The insurance group has offered to pay $9 million toward construction of an estimated $28 million new school.

The insurance group also has indicated the school board is not required to install fire sprinklers in the new school even through the sprinklers are required under state law.

The James Monroe School was built in the 1960s when fire sprinklers were not required under state construction codes.

The fire displaced about 500 children, in kindergarten to fifth grade, along with their teachers and staff. The fire sparked a nationwide outpouring of donations for students and teachers. The James Monroe Recovery Funds has collected about $161,321 to be used once the new school is built, according to Superintendent of Schools Richard O'Malley.

Just days after the fire, the school was moved to two quickly renovated vacant buildings on the Middlesex County College campus, a few miles away on Woodbridge Avenue in Edison.

Last September the school was moved again, this time to the renovated former St. Cecelia's School in the Iselin section of Woodbridge. The school is scheduled to remain at the Woodbridge site for two years until the new James Monroe School is rebuilt on Sharp Road. The new school is expected to open for the start of the 2016-2017 school year.

The New Jersey Schools Insurance Group has paid the district about $2 million toward the renovation of St. Cecelia's School, which had been closed for about two years. Renovation work include a new roof and windows as well as an enhanced electrical system for lighting and computer work.

LAN Associates in Midland Park has designed a new two-story James Monroe School with a gymnasium, cafeteria and air conditioning. The district is awaiting design approval from the New Jersey Department of Education and the New Jersey Department of Community Affairs. Those approval are expected this month, school officials said.

Staff Writer Suzanne Russell: 732-565-7335: srussell@mycentraljersey.com