MONROE TOWNSHIP, NJ – The Superior Court of New Jersey’s Appellate Division on November 24 affirmed that the Monroe Township Board of Education’s closed-door discussions leading to the appointment of Matthew Gorham to a vacant board seat violated state transparency laws. The panel, led by Presiding Judge Mawla and joined by Judges Marczyk and Bishop-Thompson, agreed that the board’s private deliberations improperly excluded the public from its decision-making process.
The case began after board member Michele Arminio filed suit alleging that the board had predetermined its October 18, 2023 vote by deciding in executive session to appoint Gorham without conducting public interviews or open debate. According to confidential minutes, board members reached a “consensus” on Gorham behind closed doors before resuming the public session, where his nomination was made and immediately approved.
Arminio claimed the move violated the Open Public Meetings Act (OPMA), which requires public bodies to conduct their decision-making in open session, except under narrow circumstances such as personnel matters. The board argued that the personnel exception, outlined in N.J.S.A. 10:4-12(b)(8), applied because the appointment involved employment considerations.
The trial court disagreed, ruling that the personnel exception does not cover the selection of an elected official subject to public approval. The judge voided Gorham’s appointment but allowed the votes he participated in prior to the ruling to stand. The board appealed, asserting that the decision misapplied precedent and failed to consider the disruption caused by invalidating the appointment.
In affirming the lower court’s ruling, the appellate panel cited the 1984 case Gannett Satellite Information Network v. Board of Education of Manville, which found that a board violated the OPMA by privately choosing a member before a public vote. The panel reiterated that the law’s personnel exception does not extend to deliberations over appointments to elected or quasi-elected positions.
Gorham’s appointment was officially voided, though his tenure ended May 1 following the installation of a new board member elected in April. The ruling reinforces the state’s commitment to open government and transparency in the decision-making processes of public boards.