Written by a Berkeley Heights Community Member and BHPSNJ Parent Volunteer

If you paid close attention to policy changes and revisions in the last 6th months, you may have wondered why so much was being done regarding policy changes in a short period.

Speculation aside, two uncontested community members ran for two open Board seats. This shift in Board members would throw the once-BOE majority into a 4-4 tie. Cause for concern for those existing members? 

It’s hard to say, but the changes made to a few policies tell a unique story. 

BHPS employs Strauss Esmay to review current policy and suggest language for revisions, updates, and additions. Additionally, the BOE has a Policy Committee that reviews these policies and writes and revises policies for the District. Members for the 2023-24 year included Chair Robert Cianciulli and members Gale Bradford and Tom Foregger.  

In a review of Board meeting agendas and attachments from August 10, 2023, through December 2023, there were a total of 32 policies that were revised, approved, and abolished in 5 months. In many instances, a simple edit in language or grammar served as these revisions. In other areas, some language completely changed the meaning of the policy.

0148 Board Member Indemnification – 2ND READING AND ADOPTION AT 10/12/23 MEETING

New Version Absolves the Board from covering all costs associated with a legal preceding.  

Original:

“Whenever a civil or criminal action…including school ethics proceedings…the Board will defray all costs of defending the action, including reasonable counsel fees and expenses…”

Revisions:

“Indemnification for exemplary or punitive damages is not required and will be governed by the standards and procedures set forth in N.J.S.A. 59:10-4. (Adopted 10/12/23)

This policy directly relates to current litigation involving multiple currently serving Board members. It has been reported to BHCW that the Board is trying to circumvent the old policy and follow the new language, therefore not covering legal expenses for the defense of a Board member. This policy became one of interest because of the timing of its adoption, similar to the proposal for the revisions to the Nepotism policy during the ethical and legal investigation into Dr. Varley’s violation of the district policy when she hired her daughter. 

0164 Conduct of Board Meetings – 2ND READING AND ADOPTION AT 11/16/23 MEETING

Revision/Addition:

“Absent bona fide emergency circumstances*, no item may be placed not the agenda and/or raised at the public meeting under “old Business” or “new business” unless the Board Member has provided at least forty-eight hours advance written notice of the items he/she desires to discuss or raise…to all Board Members and the Superintendent. If an items is raised during “Old Business” or “new business” with less than the required forty-eight hour notice to all Board members and the Superintendent, the times cannot be considered, motioned, or voted upon at that Board meeting. “

*Emergent circumstances are not defined within the parameters of the policy manual for when a situation or item would be appropriately deemed an emergent circumstance. 

This policy was adopted right after the election, and while one can respect not being blindsided at a meeting, this policy seems vague in that no Board can ever plan for all emergent scenarios. Prohibiting elected officials from being able to work in the best interest of our students and teachers seems prohibitive.  

Issues surrounding interpreting the language contained within this policy have already come up at both Board meetings this year. Arguments ensued over whether policy allowed for proposed resolutions, adoptions, or changes. The language “emergent circumstances” is one of ambiguity, as anyone can argue at any time that a situation is or is not emergent, therefore leading to confusion and misunderstanding. 

0155 Board Committees -2ND READING AND ADOPTION AT 12/7/23 MEETING

At the November 16, 2023 BOE meeting, the first reading of this policy was introduced, with a vote ultimately occurring at the December 2023 meeting, passing by a 6-2 vote. Of note, this policy was re-adopted on September 14, 2023. That Version struck “Mountainside Committee” from the list of standing committees and also included the language of excluding alternate members from being appointed to Board committees. Of note, the Mountainside representative suggested this committee be added back to standing committees at the January 2024 meeting.

Struck from multiple approved versions of this policy was the language: “The following standing committees and liaison representatives…appointed by the President with the consent of the majority of the Board.” 

The Policy was changed to “The following standing committees and liaison representatives…appointed by the President TO SERVE A ONE YEAR TERM.” Negating the need for the majority of the vote to accept these appointments. 

Is this a big deal? It sure is. 

Ms. Bradford, newly appointed BOE President, will appoint members to committees at her sole discretion, without any BOE discussion or input. Fair – not at all, the Board should be a group of equals, no one member should have power over the others. But policies like this one changed right before the reorganization meeting, were intended to keep the power where the previous majority wanted it…in their hands.

The bigger question is why, during the lame duck Board meeting and just three months from the updated re-adoption of this policy, was this particular language changed? 

And who at the policy committee stumbled upon this revision and made the suggestion? The minutes reflect that one standing member on the policy committee did not approve this policy revision and may have attempted to block these changes during committee – but, committee minutes from the District have been unclear about what actual business is happening in committee meetings.

Since the new Board did not re-adopt policy 0155, it needs to go to a vote.

BHCW allows for confidentially sourced articles from employees of local government agencies or volunteers of non-profits whose organizations would and have taken retaliatory action against their employees and , in the case of volunteer organizations, officers for exercising their right to express an opinion about local government. We have verified the confidential source for this article and have met with him/her face to face.

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