Court Order Prevents New Lacey School Board Member Being Sworn In

LACEY, NJ — Kerry Opitz was selected by the Lacey Township Board of Education to fill a vacant seat at the November meeting. But she was not sworn in at the December meeting as expected, due to a court injunction.

Shortly after the November school board meeting, residents Gavin Rozzi and Regina Discenza filed a lawsuit that claimed the school board violated the Open Public Meetings Act (OPMA) as the board discussed the candidates in executive session and not in front of the public.

READ MORE: New School Board Member To Fill Vacant Lacey Seat

Members of the public were able to watch the interviews, but unable to participate. When the school board returned from executive session, they immediately voted to appoint Opitz, with no public discussion.

Discenza was also a candidate for the open seat.

In response to the suit, a judge issued an injunction temporarily blocking Opitz's swearing-in.

"We welcome the Court’s decision to temporarily halt the swearing-in of Kerry Opitz so that the legality of the Lacey Board of Education’s process can be reviewed," Rozzi and Discenza said in a statement. "This step was necessary because the public deserves full transparency, especially at a time when the Board has faced repeated questions about its governance and adherence to proper procedures."

Rozzi and Discenza said that not only did the decision violate the OPMA, it also violated the board's own policy on choosing new members:

In considering candidates who have expressed an interest in a vacancy, the Board may interview candidates in public or executive session. The Board must vote to appoint a candidate to a vacancy in public session and there shall be no decisions made in executive session. In the event interviews are conducted in executive session, Board members, in the public session nomination and voting process, shall express their opinion in support of their vote so the public can witness any deliberations, policy formulation, and the decision making process of the Board.

At their December meeting, the school board voted to rescind Opitz's appointment. They then held a discussion explaining why they supported Opitz and held a new vote, which also resulted in Opitz being selected to fill the vacancy.

However, she still was unable to be sworn in.

A court appearance is scheduled for Feb. 6.