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

In Reply to: Re: IS THERE A STATE BOARD OF ED REPORT? posted by I HAVE THE REPORT on May 08, 2005 at 08:43:07:

Page 6

N.J.A.C. 10:4-13 states that "No public body shall exclude the public from any meeting to discuss any matter described in subsection 7.b. until the 'public body shall first adopt a resolution, at a meeting to which the public shall be admitted: (a) Stating the general nature of the subject to be discussed; and b. Stating as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public."

The resolution to enter executive session on August 28, 2003, does not reveal the general nature of the subject matter to be discussed in executive session nor does the resolution contain the anticipated release of the discussion to the public. It is important to note that since the executive session held by the CREATE Board of Trustees failed to comply with the Open Public Meetings Act, actions taken are voidable under the provisions of N.J.S.A. 10:4-15. Accordingly, any action taken as a result of the executive session is not valid.

Recommendation

The CREATE Board of Trustees must ensure that all public meetings are maintained in accordance with N.J.A.C. 10:4-12 and that only matters properly exempt from public discussion are excluded from the public.

9. The CREATE Board of Trustees violated provisions of N.J.S.A. 10:4-14 when it failed to record minutes of the executive discussion and release those minutes when the exemption from pubic discussion expired.

N.J.A.C. 10:4-14 states that "Each public body shall keep reasonably comprehensive minutes of all its meetings showing the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which shall be promptly available to the public to the extent that making such matters public shall not be inconsistent with section 7 of this act."

The Board of Trustees held an executive session during the August 28, 2003 board meeting. The minutes simply reflect that an executive session was called, all non-members were asked to leave the meeting, the time the executive session started and ended, and a notation that the regular board meeting reconvened at the conclusion of the executive session. The charter school administrators could not produce minutes from the executive sessions. Since the executive session held by the CREATE Board of Trustees failed to comply with the Open Public Meetings Act, actions taken are voidable under the provisions of N.J.S.A. 10:4-15.

Recommendation

The CREATE Board of Trustees must ensure that all matters discussed in executive session are properly recorded by reasonably comprehensive minutes and released to the public as
Report of Examination - October 2004
CREATE Charter High School - Public School Contracts Law and Open Public Meetings Act Violations

Follow Ups:

• Re: IS THERE A STATE BOARD OF ED REPORT? I HAVE THE REPORT 08:44:22 05/08/05 (5)
  • Re: IS THERE A STATE BOARD OF ED REPORT? I HAVE THE REPORT 08:44:57 05/08/05 (4)
    • Re: IS THERE A STATE BOARD OF ED REPORT? I HAVE THE REPORT 08:45:38 05/08/05 (3)
      • Re: IS THERE A STATE BOARD OF ED REPORT? I HAVE THE REPORT 08:47:07 05/08/05 (2)
        • Re: IS THERE A STATE BOARD OF ED REPORT? I HAVE THE REPORT 08:51:09 05/08/05 (1)
          • Re: IS THERE A STATE BOARD OF ED REPORT? king's a bum 13:40:34 05/08/05 (0)

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: Page 6

: 
: N.J.A.C. 10:4-13 states that "No public body shall exclude the public from any meeting to discuss any matter described in subsection 7.b. until the 'public body shall first adopt a resolution, at a meeting to which the public shall be admitted: (a) Stating the general nature of the subject to be discussed; and b. Stating as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public."

: The resolution to enter executive session on August 28, 2003, does not reveal the general nature of the subject matter to be discussed in executive session nor does the resolution contain the anticipated release of the discussion to the public. It is important to note that since the executive session held by the CREATE Board of Trustees failed to comply with the Open Public Meetings Act, actions taken are voidable under the provisions of N.J.S.A. 10:4-15. Accordingly, any action taken as a result of the executive session is not valid.

: Recommendation

: The CREATE Board of Trustees must ensure that all public meetings are maintained in accordance with N.J.A.C. 10:4-12 and that only matters properly exempt from public discussion are excluded from the public.

: 9. The CREATE Board of Trustees violated provisions of N.J.S.A. 10:4-14 when it failed to record minutes of the executive discussion and release those minutes when the exemption from pubic discussion expired.

: N.J.A.C. 10:4-14 states that "Each public body shall keep reasonably comprehensive minutes of all its meetings showing the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which shall be promptly available to the public to the extent that making such matters public shall not be inconsistent with section 7 of this act."

: The Board of Trustees held an executive session during the August 28, 2003 board meeting. The minutes simply reflect that an executive session was called, all non-members were asked to leave the meeting, the time the executive session started and ended, and a notation that the regular board meeting reconvened at the conclusion of the executive session. The charter school administrators could not produce minutes from the executive sessions. Since the executive session held by the CREATE Board of Trustees failed to comply with the Open Public Meetings Act, actions taken are voidable under the provisions of N.J.S.A. 10:4-15.

: Recommendation

: The CREATE Board of Trustees must ensure that all matters discussed in executive session are properly recorded by reasonably comprehensive minutes and released to the public as
: Report of Examination - October 2004
: CREATE Charter High School - Public School Contracts Law and Open Public Meetings Act Violations


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