Dear Mayor Pagan and Council,
Council has announced it will be voting upon new members of the Planning Board and Zoning Board of Adjustment (“Statutory Boards”) at the next Council meeting on June 27th, 2023.
The following is a list of the positions for which the Council is seeking to vote on nominees:
Planning Board:
- Class III Member
- Class IV Member (2)
- Alternate Member (1)
Zoning Board of Adjustment
- Regular Member (1)
- Alternate Member (2)
The public discussion at the June 13, 2023 Council meeting indicated that a subcommittee of the council consisting of Mayor Pagan, Deputy Mayor Gee, and Councilwoman Goldberg interviewed some 16 individuals to fill the seats listed above.
As stated by Councilmembers Schwartz and Orgen and confirmed by the Mayor and subcommittee members, no interviews were held by the full council in contemplation of filling these potential vacancies and no interviews or requests for interviews were sent to those currently holding the positions, in order for the Council to determine if the members wished to be re-nominated / continue serving.
(see discussion at June 13th, 2023 Council Meeting between 8:38pm and 8:47pm)
I write to you because it would appear that the council has announced six nominees to fill expiring positions, in a manner that does not follow the law.
In order to effect a transparent and open system through which all members of the public have an effective opportunity to volunteer and be noticed when vacancies occur, the council created procedures to govern nominations and votes to fill seats on advisory and statutory boards. These can be found in the Teaneck Code as Attachment 1 (Appendix I Council Rules of Procedure) to Chapter 2 (Charter/Administrative Code) of the Township of Teaneck (“procedures”)
The transparency procedures call for several requirements:
1) Notice must be sent via mail to those who have submitted an application (“the notice”)
2) The notice must indicate the right of applicants pursuant to the Open Public Meetings Act (“OPMA”) to have any interviews conducted in public
3) The meetings to interview the potential nominees for the statutory positions may be held in closed sessions of the council pursuant to OPMA or in open sessions if conditions are met.
I am putting you on notice that the Council does not appear to be acting in accordance with its policies and procedures. To that end, I am requesting via the Open Public Records Act (“OPRA”) the following documents:
1) A list of applications submitted to the Township which the clerk has been keeping on file for potential vacancies on statutory boards (“applicant list”)
2) A list of notices sent pursuant to Rule IX of Council Rules of Procedure (including method of notification) sent to any statutory board applicants (“applicants”) who appear on the clerk’s applicant list
3) All responses by applicants to notices
4) A list of all applicants interviewed by the personnel subcommittee
5) A list of all applicants interviewed by the Council
Over the years, I had the opportunity to have served both on advisory and statutory boards, as well as the Council. I have received feedback from members of the public on these processes and have learned to appreciate how deviations from policy and rules can have profound (sometimes unexpected) results. Here, notice requirements and transparency ensure the process will be fair. To forgo those requirements renders the process unfair and ultimately crosses the line on legality.
Appendix I (Council Rules of Procedure) governs, among other items, the nomination process for members of statutory boards.
Attachment 1 – Appendix I Council Rules of Procedure
Rule IX. Appointments by Council(c) Procedure:(1) Notice shall be provided to all persons submitting applications for any vacancy which will be discussed by the Council or for whom interviews will be held, by regular mail addressed to such person’s address appearing on such person’s application form, at least one week prior to the holding of such discussion or interview. Such notice shall advise such persons of the date, time and location at which such discussions or interviews shall take place and shall advise them that should they wish to have such discussion or interview conducted in open session, they must submit to the Clerk a written request therefor at least 48 hours in advance of the scheduled discussion or interview. Unless all of the applicants being discussed or interviewed for such vacancy submit to the Clerk a written request that such discussion or interviews be conducted in a meeting open to the public at least 48 hours in advance of the scheduled discussion or interview, the Council may conduct such discussion or interview in closed session pursuant to N.J.S.A. 10:4-12.
Open Public Records Requested:
1) “Notice shall be provided to all persons submitting applications for any vacancy which will be discussed by the Council or for whom interviews will be held, by regular mail addressed to such person’s address appearing on such person’s application form, at least one week prior to the holding of such discussion or interview.”
Were notices provided by mail to all persons submitting applications for a vacancy that was discussed by the Council? I did not receive any such notice. I have spoken with other members of the public, who are willing to provide affidavits that they have submitted applications to the municipality and were not contacted in any way.
OPRA Request: Please provide a listing of all mailings sent to applicants for vacant statutory board seats to be discussed at council meetings occurring in June or July 2023.
2) “Such notice shall advise such persons of the date, time and location at which such discussions or interviews shall take place and shall advise them that should they wish to have such discussion or interview conducted in open session, they must submit to the Clerk a written request therefor at least 48 hours in advance of the scheduled discussion or interview.”
Did any notice provided to applicants with applications on file with the clerk, properly notify applicants of this provision (i.e. by informing them of the time and location for such discussion or interviews and that they may submit a written request for an open session discussion)?
OPRA Request: Please provide all Notices sent to any applicants related to vacancies on statutory boards between 1/1/23 and present
3) “the Council may conduct such discussion or interview in closed session pursuant to N.J.S.A. 10:4-12“
Did Council conduct interviews pursuant to N.J.S.A. 10:4-12(b)(8) as mentioned?
Opra Request: Please provide a list of all interviews for statutory boards scheduled by the council between 1/1/23 and present
I also wish to note that the procedures in Rule IX were passed via ordinance for which public notice and a public hearing were held. Since no change to the ordinance has been made, the public would have no reason to believe there was a shift in policy or official rule-making by the governing body in terms of how it filled seats on these important boards.
The ordinance is current law.
Since several deviations from policy and procedure seem to have occurred, and I am now aware that Resolution 205-2023 on the agenda for the meeting of June 27, 2023, seeks to install members on the Municipalities’ Statutory boards, I want to put the Council on notice that should such a vote take place, I reserve the right to seek an Order to Show Cause in a Court of competent jurisdiction to preserve the rights of the public and ensure that proper procedure is followed, effecting and achieving transparency in filling such important positions.
Sincerely
Keith Kaplan
Teaneck Today
Positions being considered:
Zoning Board of Adjustment
| Position | Currently held by | Resolution Appointing | Dates Serving |
| Regular Member | Mark Mermelstein | 136-2022 | Alternate Member: 2015-21 Regular Member: 2021-23Current Term: 7/1/21 – 6/30/23 |
| Alternate #1 | Daniel Wetrin | 18-2023 | Alternate Member: 2018-23
Current Term: |
| Alternate Member #2 | Jennifer Prince | 18-2023 | Alternate Member 2019-23
Current Term: |
Planning Board
| Position | Currently held by | Resolution Appointing | Dates Serving |
| Class III Member | Mark J. Schwartz | 191-2022 | 7/1/22 – 6/30/23 |
| Class IV Member | Anthony Parker | 123-2020 | Alternate Member: 2019-20
Regular Member 2020-23 Current Term: |
| Class IV Member | Mark Zomick | 148-2019 | Alternate Member: 2016
Class IV Member: 2016-23 7/9/19-6/30/23 |
| Alternate No, 2 | Shahzad Hashmi | 215-2021 | 7/1/21-6/31/23 |