June 19, 2023 - Special Meeting

 

 

 

The school board meeting is a business meeting in public and not a meeting with the public.  Oftentimes it may appear to members of our audience that the Board of Education takes action with very little comment and in many cases a unanimous vote.  Before a matter is placed on the agenda at a public meeting, the Administration has thoroughly reviewed the matter with the Superintendent of Schools/Chief School Administrator (CSA).  If the Superintendent of Schools/Chief School Administrator is satisfied that the matter is ready to be presented to the Board of Education, it is then referred to the appropriate Board Committee.  The Members of the Board Committee work with Administration and the Superintendent to assure that the members fully understand the matter.  After the committee discusses the matter, it is then shared with the other Board members for consideration.  Only then is it placed on the agenda for Board discussion and action at a public meeting.

 

 

 

 

 

WHEREAS, while the “Sen. Byron M. Baer Open Public Meetings Act”(N.J.S.A. 10:4-6 et seq.) requires all meetings of the South Orange Maplewood Board of Education to be held in public, N.J.S.A. 10:4-12(b) sets forth nine (9) types of matters that may lawfully be discussed in “Executive Session,” without the public being permitted to attend, and

 

WHEREAS, the Board has determined that one (1) issue is permitted by N.J.S.A 10:4 - 12 (b) to be discussed without the public in attendance and shall be discussed during an Executive Session to be held on Monday, June 19, 2023, at 6:30 PM, and

 

WHEREAS, the nine (9) exceptions to open the public meetings set forth in N.J.S.A 10:2-4(b) are listed below, and next to each exception is a box which will be marked when the issues to be privately discussed fall within that exception, and after each exception is a space where additional information that will disclose as much information about the discussion as possible without undermining the purpose of the exception shall be written:

 

□ “(1) Any matter which, by express provision of Federal law, State statute or rule of court shall be rendered confidential or excluded from public discussion.”  The nature of the matter, described as specifically as possible without undermining the need for confidentiality, is attorney/client privilege, .

 

□ “(2) Any matter in which the release of information would impair a right to receive funds from the federal government.” The nature of the matter, described as specifically as possible without undermining the need for confidentiality is:

 

□ "(3) Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual's personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly." The nature of the matters, described as specifically as possible without undermining the need for confidentiality are:

 

□ "(4) Any collective bargaining agreement, or the terms and conditions of which are proposed for inclusion in any collective bargaining agreement, including the negotiation of terms and conditions with employees or representatives of employees of the public body."

 

□ "(5) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds where it could adversely affect the public interest if discussion of such matters were disclosed." The nature of the matter, described as specifically as possible without undermining the need for confidentiality is:

 

□ "(6) Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law." The nature of the matter, described as specifically as possible without undermining the need for confidentiality is:

 

□ "(7) Any pending or anticipated litigation or contract negotiation in which the public body is, or may become a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer." The parties to and docket numbers of each item of litigation and/or the parties to each contract discussed are and the nature of the discussion, described as specifically as possible without undermining the need for confidentiality are:

 

X "(8) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting." Subject to the balancing of the public's interest and the employee's privacy rights under South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478 (1991), the employee(s) and nature of the discussion, described as specifically as possible without undermining the need for confidentiality are:  CSA Evaluations & CSA Negotiations

 

 

□  "(9) Any deliberation of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act of omission for which the responding party bears responsibility." The nature of the matter, described as specifically as possible without undermining the need for confidentiality is:

 

WHEREAS, the length of the Executive Session is estimated to be one hundred and eighty (180) minutes after which the public meeting of the Board shall (select one) X reconvene and immediately adjourn or □  reconvene and proceed with business where formal action may be taken.

 

NOW, THEREFORE, BE IT RESOLVED that the South Orange Maplewood Board of Education will go into Executive Session for the above stated reasons only; and

BE IT FURTHER RESOLVED that the Board hereby declares that its discussion of the aforementioned subject(s) will be made public at a time when the public’s interest is disclosure is greater than any privacy or governmental interest being protected from disclosure.

 

 

 

The Board of Education will meet in Public Session on Thursday, June 22, 2023 at 6:30 pm in the District Meeting Room, 525 Academy Street, Maplewood, NJ.  Immediately following the opening of Public Session, the board will move to go into a Closed Session in the Superintendent’s Office, 525 Academy Street, Maplewood, NJ, as well as using an online video conference platform to discuss personnel, matters within the attorney-client privilege, legal, negotiations, and other matters that may arise and require discussion, to be announced at a later date.  Immediately following the Closed Session, the Board of Education will meet in Public Session (estimated to be 7:30 pm) in the District Meeting Room, 525 Academy Street, Maplewood, NJ in person, utilizing an online video conference platform which will include Hearing of Individuals.  The community can view the meeting by following the steps which will be listed on the agenda. If there are members of the community who would like to attend the meeting in person, please note that masks and social distancing are optional in accordance with the guidance received from the local DOH and the CDC. Action will be taken.

 

The Board of Education will meet in a Special Public Session on Tuesday, June 27, 2023 at 6:30 pm at 525 Academy Street, Maplewood, NJ and will immediately adjourn to go into Executive Session in person as well as using an online video conference platform  in the Superintendent’s Office to discuss the Chief School Administrator (CSA) evaluation.  No action will be taken.