Superior Court Judge Gregory Acquaviva has set June 24 to hear oral arguments on the Highlands and Atlantic Highlands school boards Verified Complaint filed Monday by Highlands Council President Joanne Olszewski.
Acting both as a member of the Highlands governing body where she is council president, and as a private citizen of the borough Olszewski filed a Verified Complaint seeking an injunction “preliminarily and permanently” of the resolution unanimously approved by the boards of education in Highlands and Atlantic Highlands from taking any action.
The court action names the Highlands, Atlantic Highlands, and Henry Hudson Regional boards of education as the defendants in the case which focuses on actions taken in connection with regionalization matters concerning Sea Bright’s and the two boroughs in the school district desire to have the people decide whether they can become a part of the new Pre-k-12 Henry Hudson Regional School District.
In that resolution, the boards had authorized their board presidents to enter an agreement with their adversaries, Oceanport and Shore Regional Board of Education. Those boards would dismiss the two towns from their appeal of a court order that would allow Sea Bright to join the two regional schools, the action opposed by the two districts where Sea Bright currently sends its students.
Although the terms of the concept of the agreement have not been released, Olszewski’s formal complaint asks for relief in that the concept of the agreement is for an agreement that is not yet in existence, and yet the resolution authorizes the presidents to sign the still to be developed agreement.
The complaint also charges a violation of the Open Public Meetings Act and the common law rule that public bodies cannot usurp the rights or responsibilities of their successors, something the resolution would do inasmuch as the school boards will be dissolved and cease to exist July 1 when the approved Pre K-12 Regional district for the two towns takes effect.
The Highlands borough council president’s action came after it appears the boards, without any public knowledge entered into discussions with Oceanport and Shore Regional which would include excluding Sea Bright from ever joining the new regional school district, taking the right of voters to make the decision themselves.
With the matter filed in Superior Court in Freehold Monday, Judge Acquaviva yesterday set the June 24 date, 12 days from now, to hear the oral arguments requested in the complaint against the Atlantic Highlands, Highlands and Henry Hudson Regional boards of Education.
After receiving notification of Olszewski’s action, both Highlands and Atlantic Highlands boards of education at their meetings this past Monday and Tuesday evening, unanimously adopted resolutions which would approve a revised Settlement Agreement in the matter, with once again the terms of the original agreement nor the revised agreement, made public.
At Wednesday night’s meeting of the transitional board of education, that board also unanimously adopted the same resolution after going into a 15 minutes executive session. That nine-member board will be in control from July1 until Jan. 1, 2025. Beginning Jan. 1, 2025, five residents from Highlands and four from Atlantic Highlands, who will be elected in November, will be the first nine member elected board of the new preK-12 Henry Hudson Regional School district.
Olszewski sought the court ordered injunction because the school board actions have been unfair not only to herself but to all residents and taxpayers because of the apparent violations of law.
Vito Gagliardi of the Porzio Law Firm is presenting Olszewski before Judge Acquaviva and Jonathon Busch is the attorney for the boards of education named as defendants in the case.
Read the Resolution Here 5-28-2024 – HHRS Board Cert of Resolution
Read the Brief in Support of the Order to Show Cause filed by the Attorneys for the Highlands Council President Joanne Olszewski Here Jo-Anne Olszewski-Letter brief in support of order to show cause(7728181.1)
