Teaneck school board still not following public meeting laws, former councilman says

TEANECK — Close may count in horseshoes, but a former councilman contends it does not apply to following Open Public Meetings Act rules, and he has filed a motion to make the local Board of Education comply with them.

Former Councilman Keith Kaplan filed a notice of motion Friday to enforce the litigant's rights against the board. He contends the board failed to correct notice errors for its Dec. 21, 2023, and Jan. 3 meetings during its Aug. 21 session, as directed by the state Superior Court on July 18.

At that August meeting, school board President Clara Williams called Kaplan's ongoing pursuit of trustees' compliance with the state's meeting rules a "technicality." But in issuing the order, Judge Carol Catuogno agreed with Kaplan that the board's violations were part of a pattern going back several years. She ordered the board to correct the errors, "adhere strictly to all the mandates of the NJ Open Public Meetings Act" and "remain in full compliance with same moving forward."

Kaplan's notice says the board is still not in compliance due to the following:

• The board failed to publish an agenda with its Aug. 21 meeting notice in two newspapers, a requirement for "special meetings," a designation applied to all its meetings until errors in the Jan. 3 annual meeting notice are corrected.
• Failure to record objections raised by a board member about the legality of the Aug. 21 meeting.
• Failure to issue a Rice notice to employees warning them they would be discussed in an executive session.

Vice President Kassandra Reyes dismissed Kaplan's claims at the Aug. 21 meeting, contending that posting the board's agenda on the website was adequate and that newspapers were "outdated" as sources of information. However, the state requires meeting notice publication in two newspapers, and the electronic notice must be in addition to, not a replacement for, the newspaper notices.

Kaplan has previously challenged the legality of the special meeting called on Dec. 21, 2023, at which Superintendent Andre Spencer removed Pedro Valdes III from his post as principal of the district's 1,271-student high school, citing the need for leadership in helping seniors at risk to graduate.

Valdes was named "principal on assignment," and later principal of the district's 27-student preschool. He filed a separate complaint on May 31 with the Public Employment Relations Commission contending his removal was "disciplinary," resulting from disagreements with Spencer. However, Valdes has not been a party to Kaplan's ongoing procedural complaints.

"It is unfortunate that Mr. Kaplan continues to waste district finances and resources on lawsuits," Spencer said Monday. "Nonetheless, we strongly believe that we have satisfied the court order by properly noticing board meetings and curing deficiencies during our August 21, 2024, board meeting."

There was no immediate response to a request for comment on Kaplan's filing from Williams or board attorneys Stephen Edelstein and Mark Tabakin.

This article originally appeared on NorthJersey.com: Teaneck school board still not following public meeting laws, former councilman says