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MINUTES of the PATERSON BOARD of EDUCATION REGULAR MEETING June 11, 2003

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MINUTES of the PATERSON BOARD of EDUCATION REGULAR MEETING June 11, 2003 MINUTES OF THE PATERSON BOARD OF EDUCATION REGULAR MEETING June 11, 2003 - 7:00 p.m. Rosa Parks High School Presiding: Comm. William McDowell, President Present: Dr. Edwin Duroy, State District Superintendent Mr. Gregory Johnson, General Counsel Comm. Leslie Agard-Jones Comm. Librada Sanchez Comm. Joseph Atallo Comm. Juan Santiago Comm. Donald Generals Comm. Andre Sayegh Comm. Jonathan Hodges Comm. Willa Mae Taylor Comm. William Kline Comm. Anna Maria Vancheri Comm. Alonzo Moody Absent: Comm. Chauncey Brown, Vice President The Salute to the Flag was led by Comm. McDowell. Comm. Taylor read the Open Public Meetings Act: The New Jersey Open Public Meetings Act was enacted to insure the right of the public to have advance notice of, and to attend the meetings of the Paterson Public School District, as well as other public bodies at which any business affecting the interest of the public is discussed or acted upon. In accordance with the provisions of this law, the Paterson Public School District has caused notice of this meeting: Regular Meeting June 11, 2003 at 7:00 p.m. Rosa Parks High School 413 12th Avenue Paterson, New Jersey to be published by having the date, time and place posted in the office of the City Clerk of the City of Paterson, at the entrance of the Paterson Public School offices, and by sending notice of the meeting to the North Jersey Herald & News, The Record, El Diario, the Italian Voice, and Al-Zaman. 1 06/11/03 PRESENTATION OF MINUTES Comm. McDowell presented the minutes of the May 19, 2003 Workshop Meeting and the May 21, 2003 Regular Meeting, and asked if there were any questions or comments on the minutes. It was moved by Comm. Moody, seconded by Comm. Santiago that the minutes be accepted with any necessary corrections. On roll call all members voted in the affirmative, except Comm. Hodges and Comm. Santiago who abstained. The motion carried. *Comm. Vancheri enters the meeting. Comm. Taylor: Mr. President, is it possible for us to get some more lighting in here? Comm. McDowell: I believe so. At this point, our first presentation will be presented by Comm. Santiago. Comm. Atallo: Mr. President, sitting to the right of the Superintendent you have Mr. Gregory Johnson, who is an attorney. Mr. Gregory Johnson is not the Board attorney. Mr. Gregory Johnson has represented one Board member against other Board members here in adversarial litigation. It is totally inappropriate and a conflict of interest for Mr. Johnson to be sitting here in that role. He has never been appointed or approved to be Board Counsel and he is sitting there inappropriately. It is unethical and inappropriate for Mr. Johnson to be sitting on this panel tonight and I am requesting that he be removed at this point in time. We feel very uncomfortable with it and we want to go on record as saying that he cannot represent this Board of Education while he is litigating against individual Board members in an adversarial manner. We are very uncomfortable with it. It is clearly unethical on his part to be here and clearly a conflict of interest. You cannot serve two masters. Comm. McDowell: Thank you for your comment. Comm. Atallo: It is not a comment. I am making a motion to have him removed at this point in time. I put a motion that Mr. Johnson be asked to step aside off the panel. He is not the Board attorney and it is inappropriate for him to be here. Comm. Hodges: Mr. Chairman, if he continues here, I don’t know how much longer I am going to be able to sit up here. Comm. Atallo: There is not going to be a meeting tonight. Comm. Hodges: This is going to be a major problem. If this person is going to litigate against members of this Board, you cannot ask him at the same time to advise us on matters concerning this Board. You cannot ask me to ask this man anything. That is not fair. 2 06/11/03 Dr. Duroy: Mr. Chairman, I have instructed Mr. Johnson, who has serviced the district for close to ten years, to be present. As the Board is aware, I have appointed Mr. Johnson as co-counsel effective July. Comm. Atallo: It’s illegal. Your appointment is illegal. The State Department of Education advises that your appointment would be illegal. Dr. Duroy: It is not illegal. Comm. Atallo: You don’t have the authority to do that. It is personnel. Dr. Duroy: It is absolutely appropriate and that is how we are going to proceed. Comm. Santiago: One person at a time. Comm. Atallo: He is not serving here now. Comm. McDowell: At this time, we are going to proceed with the meeting with Mr. Johnson as legal counsel. Comm. Hodges: You appoint him as of July. This is not July. This is June, sir. Dr. Duroy: I have the authority to ask Mr. Johnson to serve as counsel this evening and that is what I have done. Comm. McDowell: At this time, we will have a presentation by Comm. Santiago. Comm. Santiago: Ladies and gentlemen, I am requesting a moment of silence for a well respected individual on the School Board and his mom, Comm. Moody. His mother passed away and I am requesting a moment of silence at this time. Thank you. May she rest in peace, Comm. Moody. Comm. Kline: Mr. President, I think the audience deserves an explanation for the position that Comm. Atallo and Comm. Hodges have taken, and that I concur with. Mr. Johnson was the attorney who represented one Board member who made charges against another Board member. Those charges were not approved. The Superintendent is now asking those same Board members who had charges made against them and who may still have charges pending to have confidence in the person that is sitting before us tonight. I am sure many of you have heard the comment that you can’t serve two masters. There are a number of attorneys that could have been selected for this evening’s meeting in view of the fact that there are concerns about the attorney who is here not only this evening, but also perhaps otherwise. It would seem to me that the proper thing for our Superintendent to do would have been to assign an attorney who would have been able to serve the Board. Comm. Hodges: The entire Board. 3 06/11/03 Comm. Kline: State law, and I can’t quote the statute, says the attorney is the Board’s attorney. The attorney is not the Superintendent’s attorney. The attorney is the Board’s attorney. The Superintendent may recommend anyone he wants to but it is the Board’s attorney and the Board has the right and the authority to be concerned and accept whether or not this person can truly represent them. In addition, it would seem to me that an attorney who is representing opposite factions or persons who are Board members would see that there is a conflict to sit in a point where he might have to answer or make judgments upon recommendations that Board members who he does not theoretically represent… Comm. McDowell: Comm. Kline, the attorney is representing in those particular instances the Board defending infractions in processes of the Board. Comm. Atallo: No, there is no resolution by the Board… Comm. McDowell: In that case, until we can… Comm. Kline: Excuse me, Mr. President and Comm. Atallo. Had there been a resolution presented to the Board and voted upon which authorized the attorney in question, Mr. Johnson, to represent one Board member over another, then that would have been a decision of the Board, while I would have questioned it. Inasmuch as that did not happen, Mr. President, then you can’t sit there and tell us that the attorney in question represents the Board. He may have represented an individual Board member but he does not represent this Board. We have a number of very crucial decisions to make tonight, one of which will decide what kind of representation we are going to have to try to save $50 million. It is very essential that we have the kind of representation that will be able to defend this district so that hopefully we will be able to win that case, thereby providing many of the things that our children and staff need to fulfill the responsibilities mandated by the State, our district, and the federal government. This is not a simple issue that someone is trying to make it to be. Comm. McDowell: I will call a point of order at this point and I will take it upon myself to allow this meeting to go on. I will not get into the various ethics complaints that were brought forth but I will state that in the instance you are alluding to, the individual was sitting as President of the Board and those items have been sent up for review. As far as an ethical conflict, it is unclear at this point and I am going to continue with the meeting. Thank you for your comments. We will review that issue. I was hoping that if there was some deep problem with counsel that we would have brought some of these issues up in our workshop. Comm. Taylor: We did. Comm. Atallo: We did but you went home. Comm. Hodges: You left and we stayed there and voiced our concerns. Comm. Kline: You went home, Mr. President. I am not saying that you didn’t have a legitimate reason to go but we took the time to stay there and address all the issues.
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