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a,

Anthony H. Ogozalek, Jr.


Law Office of Anthony Ogozalek
1100 Taylors Lane, Unit 9
Cinnaminson, NJ 08077
Phone: (856) 316-4679
Fax: (856) 316-4679
E-mail: aogozalek@ogozaleklawcom
New Jersey Attorney ID No. 037022006
Attorney for Plaintiff

NEW JERSEY FOUNDATION FOR


OPEN GOVERNMENT, INC.
Plaintiff,

vs.

FILED
NOV - 4 'LH
or meens
,1 'PERI

eiE pont.

SUPERIOR COURT OF NEW JERSEY


LAW DIVISION, CIVIL PART
OCEAN COUNTY

DOCKET NO. L-579-16

LONG BEACH ISLAND BOARD


OF EDUCATION and LONG BEACH
ISLAND CONSOLIDATED SCHOOL
DISTRICT RECORDS CUSTODIAN
Defendants

Civil Action

CONSENT ORDER

This matter was opened to the Court by Anthony H. Ogozalek, Jr., Esq. of Beckman
Ogozalek, attorney for Plaintiff, New Jersey Foundation for Open Government, Inc. ("Plaintiff')
and John B. Comegno, Esq., of the Comegno Law Group, P.C., attorney for Defendants Long
Beach Island Board of Education ("Defendant Board") and Long Beach Island Consolidated
School District Records Custodian ("Defendant Custodian"), and upon the consent of the parties,
it is on this

(1-1 day of 1\1013 11

alit;

2016 ORDERED that:

1.

The within Consent Order is subject to Defendant Board ratification.

2.

Any and all potential claims of Plaintiff against the Defendant Board and Defendant

Custodian that concern the Open Public Meetings Act that arose or may arise prior to the date of
the aforementioned Defendant Board ratification of the within Consent Order are hereby waived
and released by Plaintiff, Plaintiffs Board of Directors and Plaintiff's members.

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3.

Going forward, Defendant Board shall comply with the Open Public Meetings Act,

N.J.S.A. 10:4-6, et seq. ("OPMA"), specifically including, without limitation:


a. Accurately labeling each set of its meeting minutes as either "Closed Meeting
Minutes" or "Public Meeting Minutes." This label shall be centered on the top
margin of the first page.
b. Only discussing topics in a nonpublic (i.e. closed or executive) meeting if the topic
is: i) is set forth in the resolution that authorized the nonpublic meeting in
accordance with N.J.S.A. 10:4-13; and, ii) fits within at least one of the exceptions
set forth in N.J.S.A. 10:4-12(b). Defendant Board shall strictly construe these
exceptions against closure.
c. The Board shall, in its resolutions when required by N.J.S.A. 10:4-13, separately
list each topic to be discussed in closed session and, for each of those topics, provide
a written description that provides as much detail as possible about each matter
being discussed.
d. Providing a public comment period at every public meeting of the Board, as
required by N.J.S.A. 10:4-12. Defendant Board will also document its provision of
a public comment period in its minutes.
e. Providing "adequate notice" of its Board meetings, in accordance with N.J.S.A.
10:4-8(d) and N.J.S.A. 10:4-18. Defendant Board will also document its provision
of "adequate notice" in its minutes.
4.

Within twenty (20) days after the entry of this Consent Order, Defendant Board

shall provide Plaintiffs counsel with a certification that will clearly and candidly set forth the
following information, to the extent that Defendant Board is in possession or aware of the
information outlined below in subsection(a) through (c):

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a.

Whether the meetings recorded by Defendant Board's minutes for April 27,

April 30, May 11, May 18, May 27, June 9, August 18, August 31, 2015, September 1,
September 10 and November 10, 2015 (attached as Exhibit 31 of the Verified Complaint)
were: i) public meetings to which the public was admitted; or, ii) closed meetings from
which the public was excluded.
b.

For each meeting within the scope of Paragraph 2(a), above, which was a

public meeting, the certification shall specify: i) whether or not members of the public
were given an opportunity to comment "on any . . . school district issue that a member of
the public feels may be of concern to the residents of the . . school district," as required
by N.J.S.A. 10:4-12(a); ii) the time that any public comment period was offered; and, iii)
whether or not any member of the public spoke during any public comment period offered.
c.

For each meeting within the scope of Paragraph 2(a), above, which were

public meetings, and for the meetings held on April 5, 2016, April 19, 2016 and May 3,
2016, the certification shall include: the names of all the newspapers to which "adequate
notice" (as defined by N.J.S.A. 10:4-8(d)) of each meeting was given together with the date
that each newspaper was given notice.
5.

The certification referenced in Paragraph 2, 2(a) and 2(c), above, is solely being

provided in an effort to amicably resolve this matter and cannot be used as an admission by the
Board for any purpose whatsoever.
6.

Defendants shall, within 30 days of the entry of this Consent Order, pay Plaintiffs

counsel $3,042.37 for his costs and attorney fees. Plaintiff agrees to not to seek further costs and
fees in this action.

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7.

Count seven (7) of the Complaint, "Meeting minutes are not 'reasonably

comprehensible," the only unresolved count, shall be disposed of via summary judgment motion
in accordance with Court Rules.

arlene Lynch F

After consulting with our respective clients, we represent that they consent to the terms of this
Consent Order.

Date:

,2016

Date: le4k

, 2016

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