SOUTH ORANGE / MAPLEWOOD, NJ — The Nov. 21 special meeting of the South Orange-Maplewood Board of Education introduced its new strategic action plan, but the matter of “public speaks,” the public feedback portion included in many local BOE meetings, dominated discussions after the meeting.
The meeting’s agenda did not have time set aside for the public to speak, which board member Johanna Wright took issue with, even asking before the strategic action plan presentation if there would be public speaks.
Board President Elizabeth Baker told Wright there would not, as the board is not required by law to hold a public speaks session at a special meeting at which the board will not take any action; the Nov. 21 meeting was being held held only to hear the report by Superintendent John Ramos Sr. and those who helped devise the strategic action plan.
“The purpose of tonight’s meeting is to hear the presentation by the strategic direction participants and strategic action plans and for Dr. Ramos to explain what the next steps in this process are as we consider the work, so there are going to be multiple opportunities for us to hear commentary and feedback, but given the volume of what we have to hear tonight and for the community to take it in, the focus of tonight is actually listening and the board will have the opportunity to ask questions about the next steps,” Baker said at the meeting.”
But Wright argued that to preclude the public from speaking at the meeting would violate state law.
Baker disagreed, pointing out that the board’s counsel — who was not present at the meeting — had reviewed and approved the agenda, which did not include public speaks. Baker also pointed out that the agenda had already been posted for several days and no one, including Wright, had questioned it. The discussion became a bit heated, with the two women both attempting to speak at the same time.
“The purpose of tonight’s meeting is to listen with open minds, open ears and open hearts and to respect the work that was done,” Baker said before Ramos and those who helped create the strategic action plan gave their presentation. “I would like to maintain the positive purpose of this meeting.”
Nevertheless, following the nearly two-hour presentation, Baker reconsidered and decided to hold a public speaks, just to be on the safe side.
“Dr. Ramos, we don’t have the benefit of having counsel here with us tonight so, out of respect to Ms. Wright’s point and in abundance of caution, because, as you know, I am very committed to following the law, we are going to have a brief public speaks session before opening it up to board members for their questions,” Baker said.
“Thanks for looking over the law and having that open comment,” Wright said.
However, despite the board deciding to offer public speaks, no one got up to speak.
According to state law, NJSA 10:4-12: “… a municipal governing body and a board of education shall be required to set aside a portion of every meeting of the municipal governing body or board of education, the length of the portion to be determined by the municipal governing body or board of education, for public comment on any governmental or school district issue that a member of the public feels may be of concern to the residents of the municipality or school district.”
The law does not include any exceptions for special meetings at which no action will be taken. According to senior legislative analyst Lori Buckelew, of the New Jersey League of Municipalities, the BOE should have public speaks at every public meeting.
“A public body must have a public comment period at every public meeting,” Buckelew told the News-Record after reviewing the law.
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