A Capehart Scatchard Blog

Tag: Rice notice

Appellate Division Affirms OPMA Does Not Require BOE to Discuss Proposed Employment Action Prior to Voting

On May 17, 2019, the New Jersey Appellate Division in Centrella v. Prospect Park Board of Education issued an unpublished decision confirming that, under the Open Public Meetings Act (“OPMA”), a board of education is not required to discuss a proposed employment action prior to actually voting on that action. This case involved a former Prospect Park Board of Education (“Board”) employee’s appeal under the OPMA in which she alleged that the Board improperly eliminated her position of speech language specialist and terminated her tenured position when the Board did not discuss the proposed action at the same meeting in […]

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Appellate Division Clarifies Who May Issue Rice Notice to Superintendent

By on April 4, 2017 in Labor & Employment with 0 Comments

In 2013, the Appellate Division ruled that Daniel Woska, a former member of the Brick Township Board of Education (“Board”), exceeded the scope of his authority and violated the New Jersey School Ethics Act (“Act”) when he directed the Business Administrator to issue a Rice notice to the Superintendent. As a result of that Rice notice, the Board discussed the Superintendent’s employment and then terminated him. In the 2013 decision, the Appellate Division remanded the case to the School Ethics Commission (“SEC”) to determine who is authorized to issue a Rice notice for the purposes of reviewing the Superintendent’s employment. […]

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To Rice or Not to Rice? A Lesson from the Appellate Division

By on February 15, 2017 in Open Public Meetings Act with 0 Comments

*Please note that the case discussed in this article has been reversed by the New Jersey Supreme Court on June 21, 2018 in Kean Fed’n of Teachers v. Morrell, ___ N.J. ___, A-84-16 (2018).* In a published decision released on February 8, 2017, the New Jersey Appellate Division issued an important ruling regarding a public entity’s obligations regarding Rice notices provided to its employees. In Kean Federation of Teachers v. Board of Trustees of Kean University, the Appellate Division determined that a public body is required to provide a Rice notice to any employee whose name appears on the agenda regarding […]

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