The above response
is unacceptable. It does not provide a written opinion on why the Board can restrict
the public from seeing real agenda prior to or during a meeting. The email is dated January 30, 2014 and it
only referenced a decision on “attachments”.
On that date, Midland Park was not only required to provide an agenda
prior to meetings, it was required to provide all “attachments” to the agendas
prior to meetings. Superior Court Judge
Peter Doyne had delivered his decision earlier that month. The attachment requirement was overturned by
an appellate in August 2015. The BOE is
still required to provide a real agenda prior to meetings and is still required
to provide attachments when requested through OPRA.
Once again, here
is my original request which was not addressed in the response I received today:
“3)
A copy of the Board Attorney's written opinion that the Board is not
required to provide the public with an agenda before or during their meetings
that would show the public what is being voted on or discussed (the actual
Resolutions, hiring, etc.). This opinion
would also address why Mr.Capizzi refuses to provide an agenda for a meeting
even when it is requested through OPRA two weeks in advance.”
