Judge denies petition to stop special election for Orange BOE

ORANGE, NJ — Administrative Law Judge Michael Antoniewicz has denied the petition filed by the Orange Board of Education’s special attorney, Stephen Edelstein, to file an injunction to prevent the Orange School District’s change from a Type 1 District with an appointed board to a Type 2 District with an elected board, according to Orange City Council President Donna K. Williams.

Therefore, a special election to elect two new members to the Orange BOE will be Tuesday, from 1 to 8 p.m., as scheduled.

“Judge ruled in favor of the people,” said Williams on Tuesday, Feb. 28, the day after attorney Robert Tarver went to court to appear before Antoniewicz to challenge Edelstein’s petition on behalf of the City Council.

In the November 2016 election, Orange voters came out in favor of Public Question No. 1, to elect a school board.

“The matter was dismissed,” Williams said.

Edelstein could not be reached for comment by press time this week.

According to Janice Morrell, a former Zoning Board member and 2016 mayoral candidate, “The judge denied the Board of Education petition. I’m not an attorney, so when I use the word ‘denied,’ I’m saying it as it was stated to me,” speaking Tuesday, Feb. 28. “I said from the beginning I thought the Office of Administrative Law was the wrong venue, because the commissioner does not have the power to stop an election, particularly after the voters have voted. Judges are loath to reverse election results.”

The bottom line, Morrell said, is the Board of Education “took the case to the wrong court.”

According to the court papers filed in the matter, Edelstein’s petition was seeking “emergent relief” from the effects of the Public Question No. 1 election results.

Antoniewicz wrote in his Feb. 28 ruling, “The petitioner states that this case is not a dispute over a school election. Petitioner further states that the effects of the passed referendum are far-reaching and that the voting public was essentially unaware of those effects, including eliminating the Board of Estimate and invalidating previously approved funding for the schools.”

Antoniewicz noted that in his petition, Edelstein, “goes on to attack the procedure, which took place on this public question” and said Edelstein “makes broad allegations that the ‘residents were unaware that they were voting to convert the board to a Title II district’ and that ‘the referendum directly impacted bond financing for the educational needs of Orange students,’” before rejecting Edelstein’s conclusions.

“Petitioner cites the fact that the Commissioner of Education has jurisdiction to review bond ordinances to finance school projects and may order the issuance of bonds regardless of public approval,” said Antoniewicz. “Plainly, the referendum is not a bond ordinance, nor does it deal with the direct issuance of bonds. Based on the plain reading of the above definition of an election and the exclusion regarding the conduct of school board elections, it is clear that the Commissioner of Education does not have jurisdiction to hear this case and, instead, it should be brought in the Superior Court of New Jersey. For the foregoing reasons, I conclude that petitioner has failed to demonstrate that this venue has the proper jurisdiction to hear this case. Consequently, the petitioner’s request for emergency relief is denied and this matter is dismissed.”

However, Antoniewicz noted the state education commissioner has 45 days to review his decision and possibly reverse it.

Meanwhile voters should plan to go to the polls in Orange on March 14, to decide who will fill the two seats on the current board needed to bring the number of members to the nine required by Type 2 elected districts. There is an eight-month term and one that is a year and eight months long up for grabs in the city.

According to the city clerk’s office, as of Friday, Feb. 3, the candidates for the shorter term are: Derrick Henry, Pat Arthur, John Lasell, Fred Vandermeer Jr., Mia Garrett, Francenria E. Moore, Courtney J. Thomas and Tisa Singleton. The candidates for the longer term are: Anthony P. Johnson, Thomas M. Wright, Tyrone Tarver, Celeste Newell, Hashim Garrett, Marie Y. Celestin, Terri A. Jackson, David Wright, Elroy A. Corbitt, Rachel G. Archelus and Melissa Kollar.

  Orange Board of Education