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Managing Editor, Bernard Rous
Violating OPMA - Closed Session during Public Meeting
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VIOLATING OPMA - CLOSED SESSION DURING PUBLIC MEETING
There was an elephant in the township of Teaneck Council Chambers that took over the room on Tuesday, June 28, 2022. At the Council meeting, which is an open public meeting, members of Council went into a closed session for approximately 15 minutes, after calling for an alleged recess.

Many of us have been left to wonder what was discussed during the closed meeting. And to wonder whether the legal exception for invoking a closed meeting had been met.

For those who did not attend or watch the Council meeting, here is a bit of background prior to this closed meeting.

Two members of the Council publicly discussed how they intended to vote on the Holy Name Hospital expansion ordinance.

In brief: HNH is seeking to expand and this expansion infringes on the neighboring residential area. Neighbors were okay with that infringement, but sought to negotiate a restriction on further future incursions.

Due to previous missteps by Council, all five members allowed to vote had to vote Yes to pass this ordinance. A single abstention would have killed the ordinance.

One member of Council clearly stated their intention was to vote “Yes” and the other individual clearly indicated their vote would be to "Abstain."

Upon hearing this, the Council suddenly, called a recess prior to the actual vote. Everyone could see them going into a room outside of Council Chambers, to conduct a closed meeting. The public was able to view the mayor, deputy mayor, two other council members and the township attorney in discussion. At a certain point, it appeared that a fifth council member joined the closed meeting as well.

There are certain exceptions to the requirement for Open Public Meetings. If there is an exception, the law requires that the public be informed of the reason for the closed session.

This important and legally required step did not happen. The process of conducting a public meeting was violated by all members of the council and the township attorney.

Teaneck residents watched in disbelief as our township leadership felt it necessary to take the meeting outside of the chamber into a closed-door backroom.

One thing is certain, Teaneck residents witnessed a violation of the Open Public Meeting Act (OPMA) played out real time and on zoom.

After resuming the meeting, the Mayor asked the Holy Name Hospital representative and the Neighborhood Friends to agree to continue negotiations to reach a mutual understanding.

Without knowing if the voting process would occur or be held in abeyance, each party blindly agreed to continue negotiations.

Is it possible that each representative as well as the attending public were under the impression that a decision was reached during the Council’s closed meeting to hold the voting process in abeyance until the outcome of their negotiating talks?

It was certainly reasonable to think that the mayor planned to address the public with an explanation for the closed meeting.

Regrettably, no explanation was given to the public for the closed meeting.

The township Attorney is paid a salary to ensure the Council conducts meetings and governs in accordance with New Jersey's regulations for municipal governments. He was in attendance during the closed session.

Did our Town attorney provide guidance to the Council? Has he, or the Council, just created grounds for yet another lawsuit that our taxes will have to to cover?

According to the Open Public Meetings Act (OPMA), any business conducted during a closed-door meeting like the one that just occurred, is voidable. It must be rescinded, if the closed meeting held outside of chambers is not one of a nine possible subject-area exemptions.

The nine exemptions to open meetings given in N.J.S.A. 10:4-12(b) are:
  • any matter made confidential by federal or state law;
  • any matter for which the release of information would impair a right to receive funds from the U.S. government;
  • any material the disclosure of which constitutes an unwarranted invasion of individual privacy;
  • any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement;
  • any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed;
  • any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection and any investigations of violations or possible violations of the law;
  • any pending or anticipated litigation or contract negotiation where the public body is a party or may become a party;
  • any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body; and
  • any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.

These exemptions make it permissible for a public body to close a portion of a
meeting; they do not require it to do so.

To close a session, a public body must identify the exemption justifying closure and adopt a resolution to that end at an open meeting for which public notice has been given.

In addition, public bodies must keep minutes of their closed sessions. even though these minutes are not immediately available to the public. However, a public body must promptly make them available once the necessity for maintaining confidentiality has passed.

The public requires an explanation of what was discussed during those approximately 15 minutes when the Council held a closed session during a public meeting.

The bottom-line is that the public is entitled to know the reason for a closed meeting.

The next step should be: A Call to Action
Teaneck Voices demands that the Council must do the right thing. It must follow the OPMA rules about conducting a closed meeting during a public meeting. It must rescind Ordinances 22 and 23 due to the blatant violation of the Open Public Meetings Act. A do-over in this case is warranted.

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Editorial Note
DO NOT BE MISLED: No one is opposing the proposed expansion of the hospital. What is being demanded is a fair negotiation to limit further future expansions into properties owned by the residents. So far, the Hospital has refused to guarantee anything to its neighbors and the Council has acquiesced to the Hospital, failing to protect Teaneck residents.
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UPCOMING MUNICIPAL EVENTS
Teaneck Social Services Advisory Board Meeting 
Monday July 11, 2022 at 11:30am
Public access to meeting limited by Council Ordinance (*See ordinance below)

Council Meeting
Tuesday July 12, 2022 Legal session at 6:30pm and Public session at 8:00pm
In person at Municipal Building 818 Teaneck Road.
And virtual. Click here to join the webinar using Passcode: 666873
No further information about the agenda is available at this time.

Cedar Lane Management Group
Wednesday July 13, 2022 at 6:30pm
No further information available at this time.

Teaneck Board of Education Special Public Meeting
Wednesday July 13, 2022 at 8:00pm
The purpose of this meeting is to continue the Superintendent Search process.
Formal action may be taken.
Click here to join with Webinar ID: 879 1858 7920

If you have any questions in regards to this notice, please contact the Board office at 201-833-5527 during regular business hours from 8:30am-4:30pm.

Planning Board Meeting
Thursday July 14, 2022 at 8:00pm
No further information about the agenda is available at this time.

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*Quote from Ordinance 15-2020 on Advisory Boards adopted by Council on August 11, 2020: 

“Council’s advisory Board meetings are closed to the public. The public can submit items for discussion to the Council’s advisory board chair and council liaison for review and potential for inclusion on their meeting agenda. If the item is placed on the agenda, the chair, with approval of their Council’s advisory board, may invite the member of the public to come and speak to them about the specific issue they want to have discussed”.
This Week's Events at the Library click here
ONE TOWN ONE VOTE RESIDENT SURVEY
One Town One Vote (OTOV) is a grassroots, nonpartisan volunteer organization that worked with other community groups to make it easier and more convenient for Teaneck residents to vote for their local leadership by unifying Teaneck’s stand-alone town council elections, previously held in May, to take place on the same day as the General Elections in November. Tuesday, November 8, 2022 will be the first time Teaneck residents will have the opportunity to vote for town council members at the same time as we vote for other local, state, and national officials.

In anticipation of this historic event, OTOV is conducting a town-wide survey on resident issues and concerns. We need your input! Your responses will help us achieve our ongoing goal of helping to listen, educate, organize, and empower residents on local issues so your voice matters and your vote counts in the November elections. Your information will not be shared with any other organization.

Please click here to take the One Town One Vote resident survey! Your voices will be heard, your voices will count!"
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MASTHEAD
Editorial Board
Natalee Addison
Laraine Chaberski
Toniette H. Duncan
LaVerne Lightburn
Charles W. Powers
Bernard Rous
Micki Shilan
Barbara Ley Toffler

Supporters
Denise Belcher
Juanita Brown
Margot Embree Fisher
Gail Gordon
Guy Thomas Lauture
Gloria Wilson
Contributors
Bettina Hempel
Dennis Klein
Henry Pruitt
Howard Rose

Advisors
Theodora Smiley Lacey
Loretta Weinberg