TOMS RIVER, NJ – The Lacey Township Board of Education faces continued legal scrutiny as a Superior Court judge declined to dismiss a lawsuit accusing them of breaching the New Jersey Open Public Meetings Act (OPMA). The lawsuit alleges covert meetings by board members in 2019, recently spotlighted in proceedings with the School Ethics Commission under the New Jersey Department of Education. The Honorable Valter H. Must, J.S.C., in his decision on September 15th, asserted that plaintiffs Gavin Rozzi and Regina Discenza presented a viable claim concerning violations of the “Sunshine Law” and the New Jersey Civil Rights Act.
Central to the controversy are “serial meetings.” These are successive individual talks where consensus was established away from public view before an official board gathering. Significantly, certifications from five out of seven board members in one instance, and four out of seven in another, acknowledged participating in such discussions. The said interactions often involved ex-Lacey School Board President Shawn Giordano and resulted in a directive to probe into Rozzi and Discenza without a board’s public meeting.
Denying the dismissal indicates the gravity of the presented claims and wider ramifications. As the case progresses, it seeks to further explore public governance and the balance between transparency and discretion.
Gavin Rozzi stated, “These ‘serial meetings’ represent covert operations that undermine public trust.” He underlined the overarching consequences, saying, “Each instance of public bodies evading transparency erodes public confidence. Our endeavor isn’t solely personal; it’s for every individual advocating for transparent governance and principled leadership.”
Regina Discenza commented, “Our aim is to establish a norm ensuring all decisions by public officials withstand examination. Public funds shouldn’t be spent without legitimate public discussion, decision, and revelation.”
In July, the School Ethics Commission ruled against Giordano in the Matter of Shawn Giordano, Docket No. C04-20. It was ascertained that Giordano, due to a grudge against Discenza, improperly commanded the Board’s former lawyer, Christopher Supsie, to invest over 33 hours examining Discenza’s behavior. This happened the day following his 2019 electoral defeat, costing taxpayers in the District above $5,000. Giordano’s involvement further muddies the waters. As an ex-Lacey School Board President, his participation in these “serial meetings” and the following order to inspect Rozzi and Discenza points to potential power misuse in public service.
Late local government attorney of New Jersey, Michael Pane, once questioned the nature of phone consensus in local governance. He said if consensus is reached over phone calls, would it be considered a meeting? He emphasized potential legal consequences if a repeated decision-making pattern over the phone was identified.
Rozzi noted, “Striving for transparent and principled governance is a continuous effort. Each advancement signifies the necessity to hold public officials accountable.”
Discenza expressed, “Our focus transcends individual instances. It symbolizes a wider struggle for sound governance and public rights.”
The “serial meetings” issue could redefine how public entities function and decide. As legal processes continue, this case is expected to reveal more about the internal operations of public entities, possibly leading to reforms in the Lacey Board of Education and a reaffirmed focus on public service ethics standards.