In spite of councilman Donald Melnyk recusing himself from voting on school regionalization since his wife is a member of the local board, the board of education has also ruled that his wife Gina Melnyk is also not eligible to discuss, let alone vote on any regionalization issue. The issue leaves Highlands absent a vote on both the municipal governing body and the school board of education because the elected officials are husband and wife.
The question also brings up the attorney’ s opinion on who in Atlantic Highlands can talk about regionalization.
Councilman James Murphy has recused himself from regionalization questions, since his wife, Mollie, is a member of the Atlantic Highlands Board of Education.
Councilman Brian Dougherty’s wife, Erin, who was an elected member of the board but quit several months ago, saying she did so because her husband was on the council and would be voting there. Persons at Monday’s meeting also indicated there was yet another conflict at the Henry Hudson Board, but that was not described or identified.
Board President Diane Knox said the board had been advised last August that in spite of the espoused board member’s recusal from voting Melnick was also being recused from her vote on the board, since, in the opinion of not only the local school attorney but also the special attorney retained by the board for the regionalization question said the union still represents a conflict.
Because Knox refused Melnyk the right to ask questions, as well as told the public there are no questions permitted during the public portion of the meeting, (meaning residents are not permitted to question board members or decisions during a meeting), Melnyk refused to share her list of questions and did not ask to ask them during the meeting. The member, however, did not pursue her denial to ask questions, nor did she remind the board as an elected official she had the right to ask questions and represent the inquiries of the public.
Knox indicated that the attorneys had e-mailed the board sometime after their August opinion that regardless of recusal, school board members could not vote on issues when their spouses are members of the governing body. No one explained at the meeting whether mother daughter, father, son, or any other combination other than a husband and wife is considered a conflict by the school board attorneys.
Melnyk was apparently prepared to be denied her right to ask questions saying to Knox, when she was asked a question on regionalization by a member of the public “I knew you were not going to let me talk.” The board member appeared to have a series of questions she was going to ask, but declined to share the questions either during or after the meeting.
Mayor Carolyn Broullon, present at the meeting with two councilman, expressed surprise at the discussion denial, saying she had “never heard of a such a thing before.”
Knox said she had received the message from the attorneys on denying an elected official the right to vote through an e-mail from the attorney after the attorneys and others whom she did not identify … had discussions on the right of elected officials who are related to elected officials on other boards, or whether the board can make a decision refusing an elected member the right to vote even if related to another elected official who is recused from voting on the same issue.
