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6 N.J.A.R. 304

Newark Board of Education; Gibson, Daniel W. v
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Citation: 6 N.J.A.R. 304
Decision Date: 1984
Agency: DEPARTMENT OF EDUCATION
Synopsis: The petitioner, a member of the Newark Board of Education, sought a declaratory judgment that certain Board committee meetings were held in violation of the Open Public Meetings Act and that the renewal or extension of a lobbying consultant contract was improper. The petitioner also sought a clarification of the power possessed by the Executive Superintendent and the Board. The administrative law judge assigned to the case concluded that the Board had the authority to extend the consultant's contact and did not need the prior recommendation of the Executive Super- intendent. The judge concluded, however, that the notice of the meet- ing at which the contract renewal took place was defective and the appointments made under the contract must be set aside. In addition, the judge determined that meetings of the Human Resources Commit- tee were improper, but since no action occurred at the meetings, nothing need be set aside. The judge further concluded that the offices of Executive Director of Board Affairs and General Counsel and their staff were support positions for policy-making functions of the Board and thus were to report directly to the Board. Additionally, the judge concluded that there was no prohibition on individual Board members using outside counsel to ascertain the legality of their action.
Rule(s) Cited: 6:3-1.12 6:20-8.1 et seq.