Elizabeth parents take court action over school board's public comment policyby
Leslie Kwoh/The Star-Ledger
Thursday February 12, 2009, 3:19 PM
A group of angry parents filed a court injunction against the Elizabeth school board this week, claiming a move to revise the public comments portion of meetings violates their freedom of speech.
"I'm sure this is unconstitutional," said James Carey, 43, the Elizabeth chair for the People's Organization for Progress, and the father of two daughters in the K-12 district. "This thing is out of control."
Saed Hindash/The Star-LedgerIn this 2004 file photo, then-Elizabeth School Board Vice President Cherry Wilcots looks on as then-President Raul Burgos tells a member of the community their three minutes are up during the public portion of a meeting. What angered Carey and a handful of other parents, who filed the injunction Wednesday at the Union County court, was a resolution the board passed last month requiring residents who wish to speak at a meeting to sign in beforehand.
The move, the group contends, would further restrict the voices of concerned parents. The new rule supplements a resolution the district adopted in 1986 that limits a resident's speaking time to three minutes and prohibits personal attacks, vulgar language or the naming of individuals. That resolution also grants the board president the right to interrupt or terminate a statement if it is lengthy, abusive or irrelevant, and to ask anyone who does not observe "reasonable decorum" to leave the meeting.
However, district officials say the sign-in sheet is simply a way to help the board organize its meetings.
"You want to be able to conduct the business of a school district effectively and efficiently," said district spokesman Don Goncalves. "This way, we have a list of individuals who want to speak, and on what topic, so we can organize our meetings accordingly."
Since last year, all New Jersey school districts have been required to include a public comments portion at their meetings, but the policies governing it are up to each individual school board, according to the New Jersey School Boards Association.
"School boards can put reasonable time restrictions on public comment, can restrict the length of comments, can restrict comments to items on the agenda," said association spokesman Frank Belluscio.
Elizabeth's regulations do not seem unusual and actually mirror that of many school districts, he added, some of which have had similar resolutions in place for decades.
In Dennis Township in Cape May County, residents are limited to a speaking time of three minutes and must sign in prior to meetings, according to a bylaw adopted in 1999. The presiding officer may also interrupt or terminate a statement, or request an individual to leave. In the Matawan-Aberdeen Regional School District, participants can only speak on one issue at a time, for no more than three minutes, and must register before the meeting. In Hamilton Township, the public comments portion of the meeting is limited to 30 minutes, with each participant allotted a maximum of five minutes.
Still, some parents in Elizabeth say they worry that introducing more rules will only alienate the public. Ronda Bell, who has two children in the district, said she stopped attending meetings last year after becoming frustrated with the way the board runs the public comments portion. Bell, 42, said she recalls several times when a resident was interrupted mid-sentence, and not permitted to continue.
"I think they're trying to dominate what goes on in the schools," Bell said. "They don't want to listen to us."
Source: NJ.com
See also this follow up edition several hours later.