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Lacey Township School District attempts to limit FREE Speech in new policy 0167

Lacey's new policy is discriminatory and violates 1st amendment rights

Tonight, Sept 18, 2025 this proposed policy change is discriminatory. Read it for yourself. It is an attempt to silence the public. They can not pick and choose topics for public comment. If you have a problem/issue with the content of this proposed policy, call 609-971-2000 and select the prompt for the Business Administrator/Board Secretary.

Note: "0173" is a TYPO!

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POLICY LACEY TOWNSHIP
BOARD OF EDUCATION
BYLAWS
0173/Page 1 of 4
PUBLIC PARTICIPATION IN BOARD MEETINGS
0167 PUBLIC PARTICIPATION IN BOARD MEETINGS
The Board of Education recognizes the value of public comment and community
involvement at its meetings but also affirms its responsibility to conduct all meetings in
an orderly, efficient, and respectful manner. Pursuant to the Open Public Meetings Act,
members of the public are entitled to comment on any school district issue that the
member of the public feels may be of concern to the residents of the municipality or
school district. Significantly, Board meetings are not meetings with the public; rather,
Board meetings are where the Board conducts its business, which is open for the public
to attend, watch, and comment during designated public comment periods. This Policy
shall be interpreted and applied consistently with the Open Public Meetings Act, the
First Amendment of the United States Constitution, and the Constitution of the State of
New Jersey. Accordingly, public participation at Board meetings shall be strictly
limited to the following terms and conditions:
A. Public Comment Periods
1. Designated Times Only: Public comment shall be permitted only during those
portions of the agenda specifically designated for public comment. No comment
shall be permitted at any other time.
2. Time Limits: Each speaker shall be limited to six (6) minutes. No person shall
speak more than once during each public comment period. Members of the
public cannot “donate” their time to other members of the public. The Board
President may, at the start of the public comment period, uniformly reduce the
allotted time for all speakers if the number of speakers would otherwise prevent
the conclusion of public comment within the designated time frame.
3. Total Comment Period: The Board may limit the total duration of public
comment to one (1) hour for each public comment period. (this means only about 12 people can speak)

4. The Board Secretary or Designee shall make the following announcement prior
to public comment:
“Ladies and gentlemen, we are now opening the public
comment portion of this meeting in accordance with the
New Jersey Open Public Meetings Act. This is an
opportunity for members of the public to make comments
to the Board. Please note that this period is reserved for
comment only. The Board will not be responding to
questions or engaging in dialogue.
B1
POLICY LACEY TOWNSHIP
BOARD OF EDUCATION
BYLAWS
0173/Page 2 of 4
PUBLIC PARTICIPATION IN BOARD MEETINGS
The Board’s role is that of a policy-making body.
Operational and administrative matters should be
addressed through the appropriate chain of command,
beginning with the staff member or administrator most
directly involved.
All speakers are expected to present their remarks in a
respectful and civil manner. Rude, harassing, or
defamatory comments will not be permitted. Please
understand that such remarks may create personal liability
for the speaker and potential legal exposure for the Board.
In addition, to protect the privacy rights of students and
employees, the Board will not entertain discussion
regarding specific student or personnel matters.
We thank you for your cooperation in helping us maintain
an orderly and respectful meeting.”
B. Manner of Addressing the Board
1. Direct Address to the Board: All remarks must be addressed to the Board
President. No speaker may address or question individual Board members, staff,
or other members of the public.
2. Scope of Comment: Comment shall be limited to matters of public concern
directly related to the operations, policies, or governance of the school district.
While the public may comment on any such matter, federal and state privacy
laws prohibit the Board from discussing specific confidential student or
personnel matters in public. The Board will not respond to such comments. The
following types of speech are not protected by the First Amendment and are
prohibited:
a. Speech that constitutes a true threat, incitement to imminent lawless
action, or is legally obscene.
b. Speech that is defamatory.
c. Campaigning for or against political candidates or ballot measures.
POLICY LACEY TOWNSHIP
BOARD OF EDUCATION
BYLAWS
0173/Page 3 of 4
PUBLIC PARTICIPATION IN BOARD MEETINGS
3. Questions: Questions posed during public comment shall not be answered
during the meeting. The Board or administration may respond as appropriate at a
later time, and at their discretion.
C. Code of Conduct for Public Participants
1. All members of the public attending or participating in a Board meeting shall
adhere to the following code of conduct:
a. All members of the public shall maintain decorum and respect for the
orderly conduct of the meeting.
b. Irrelevant and repetitious comments and disruptive conduct are
prohibited. Disruptive conduct includes, but is not limited to: shouting,
making threatening gestures, speaking out of turn, refusing to yield the
floor at the conclusion of allotted time, or otherwise physically impeding
the orderly progression of the meeting.
c. No distribution of literature, materials, written statements or other items
is permitted during the meeting. Any materials intended for Board
consideration must be provided in advance to the Board Secretary prior
to the commencement of the meeting. Materials submitted after that time
shall not be distributed. No member of the public may place any item,
document, material on the dais without permission of the Board
President.
2. Any violation of this Code of Conduct may result in:
a. Immediate termination of the speaker’s opportunity to address the Board.
b. Removal from the meeting by law enforcement or security personnel.
c. In cases of repeated, willful, and significant disruption that renders the
orderly conduct of the meeting impossible, the Board may consider
limiting an individual's right to physically attend future meetings. Such a
limitation will only be imposed after providing the individual with
written notice of the basis for the proposed action and a meaningful
opportunity to be heard by the Board.
POLICY LACEY TOWNSHIP
BOARD OF EDUCATION
BYLAWS
0173/Page 4 of 4
PUBLIC PARTICIPATION IN BOARD MEETINGS
D. Authority of the Presiding Officer. The Board President or presiding officer,
shall have the authority to:
1. Enforce compliance with this Policy.
2. Interrupt, warn, or terminate a participant’s statement when it in
violation of this Policy, including when the statement becomes
willfully disruptive as defined in Section C, is not relevant to the
operations, policies, or governance of the school district, has become
repetitive during the speaker's allotted time at the same meeting such
that it is impeding the purpose of the public comment period, or is
too lengthy. This provision shall not be used to prohibit a speaker
from addressing a topic that has been raised at a prior meeting.
3. Interrupt, warn, and/or terminate a participant's statement, question,
or inquiry when it is too lengthy, is abusive, obscene, or may be
defamatory;
4. Exclude from participation any individual who engages in conduct
inconsistent with the orderly and efficient conduct of the meeting.
5. Request any person to leave the meeting when that person does not
observe reasonable decorum;
6. Request the assistance of law enforcement officers in the removal of
a disorderly person when that person prevents or disrupts a meeting
with an act that obstructs or interferes with a meeting;
7. Call for a recess or an adjournment to another time when the lack of
public decorum interferes with the orderly conduct of the meeting;
and
8. Waive these rules when necessary for the protection of privacy or to
maintain an orderly operation of the Board meeting.
Adopted: June 20, 2016
Revised: December 16, 2019
Revised: April 14, 2022
Revised

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