Posted by I HAVE THE REPORT on May 08, 2005 at 08:43:07:

In Reply to: Re: IS THERE A STATE BOARD OF ED REPORT? posted by I HAVE THE REPORT on May 08, 2005 at 08:42:29:

Page 5

In addition, N.J.S.A. 10:4-10 requires that at the commencement of every meeting of a public body, the person presiding shall announce publicly that adequate notice of the meeting has been provided, and shall specify the time, place, and manner in which the requirement has been fulfilled. This statement must be entered in the minutes of the meeting. However, this statement of compliance was not included in any. of the minutes reviewed. Hence the board was also not in compliance with N.J.S.A. 10:4-10.

Recommendation

The CREATE Board of Trustees must establish and implement procedures to ensure compliance with N.J.S.A. 10:4-8 (d) and N.J.S.A. 10:4-10.

7. The, CREATE Board of Trustees violated provisions of N.J.S.A. 10:4 when it failed to vote on-an action.

During an unscheduled, special meeting of the Board of Trustees held on March 31, 2004, the minutes reflect that the board entered executive session to discuss a trip to Italy and a personnel matter. It was revealed that the personnel matter included the possible termination of the Business Administrator, Mr. Russell Arnone. The minutes do not reflect that any official vote was taken. On April 1, 2004, the school's lead person, Mr. Stephen Lipski advised Mr. Arnone that his employment at the school was being terminated.

N.J.S.A. 10-4 provides that all actions of the school, including personnel matters, are to be voted on by majority of the board members.

Recommendation

The CREATE Board of Trustees must ensure that all public meetings are maintained in accordance with N.J.A.C. 10:4 and that only matters properly exempt from public discussion are excluded from the public. Meetings must be properly advertised and unscheduled meetings must be conducted in accordance with N.J.S.A. 10:4-8d. The termination of Mr. Arnone was not done in accordance with the Open Public Meetings Act and as such is voidable.

8. The CREATE Board óf Trustees violated provisions of N.J.S.A. 10:4-13 when it failed to disclose the nature of the discussion of the executive session.

During a public meeting of the Board of Trustees held on Thursday, August 28, 2003, the minutes state: "8:35 an executive session was called. All non-board members were asked to leave the meeting. 8:40 the executive session ended and the regular board meeting reconvened." The lack of reasonable comprehensive minutes makes it difficult to determine the actual subject matter discussed in executive session.
Report of Examination-October 2004
CREATE Charter High School - Public School Contracts Law and Open Public Meetings Act Violations

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: Page 5

: 
: In addition, N.J.S.A. 10:4-10 requires that at the commencement of every meeting of a public body, the person presiding shall announce publicly that adequate notice of the meeting has been provided, and shall specify the time, place, and manner in which the requirement has been fulfilled. This statement must be entered in the minutes of the meeting. However, this statement of compliance was not included in any. of the minutes reviewed. Hence the board was also not in compliance with N.J.S.A. 10:4-10.

: Recommendation

: The CREATE Board of Trustees must establish and implement procedures to ensure compliance with N.J.S.A. 10:4-8 (d) and N.J.S.A. 10:4-10.

: 7. The, CREATE Board of Trustees violated provisions of N.J.S.A. 10:4 when it failed to vote on-an action.

: During an unscheduled, special meeting of the Board of Trustees held on March 31, 2004, the minutes reflect that the board entered executive session to discuss a trip to Italy and a personnel matter. It was revealed that the personnel matter included the possible termination of the Business Administrator, Mr. Russell Arnone. The minutes do not reflect that any official vote was taken. On April 1, 2004, the school's lead person, Mr. Stephen Lipski advised Mr. Arnone that his employment at the school was being terminated.

: N.J.S.A. 10-4 provides that all actions of the school, including personnel matters, are to be voted on by majority of the board members.

: Recommendation

: The CREATE Board of Trustees must ensure that all public meetings are maintained in accordance with N.J.A.C. 10:4 and that only matters properly exempt from public discussion are excluded from the public. Meetings must be properly advertised and unscheduled meetings must be conducted in accordance with N.J.S.A. 10:4-8d. The termination of Mr. Arnone was not done in accordance with the Open Public Meetings Act and as such is voidable.

: 8. The CREATE Board óf Trustees violated provisions of N.J.S.A. 10:4-13 when it failed to disclose the nature of the discussion of the executive session.

: During a public meeting of the Board of Trustees held on Thursday, August 28, 2003, the minutes state: "8:35 an executive session was called. All non-board members were asked to leave the meeting. 8:40 the executive session ended and the regular board meeting reconvened." The lack of reasonable comprehensive minutes makes it difficult to determine the actual subject matter discussed in executive session.
: Report of Examination-October 2004
: CREATE Charter High School - Public School Contracts Law and Open Public Meetings Act Violations


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