Closter BOE issue

LAST STORY OF THE WEEK!

Closter candidate promises lawsuit
by thomas clancey
of Northern Valley Press

CLOSTER - A local man has promised to file a legal challenge against the Closter Board of Education after they took action to invalidate his school board candidacy on March 10.

Closter resident Steve Isaacson was the subject of a special meeting that saw the Closter Board of Education declare his election petition defective citing state statutes prohibiting dual office holding.

Isaacson had filed petitions for candidacy both with the Northern Valley Regional (NVR) Board of Education and the Closter Board of Education.

“When you petition you are essentially saying, ‘I will serve on the board,’ said Closter Superintendent Joanne Newberry. “In this case he’s saying, ‘if I’m elected I will serve on both boards.’ And since 2008 that is no longer allowed.”

However Isaacson said his interpretation of the law is different.

“As far as I’m concerned, the wording of the statute is such that I have the right to run for both offices, but I may not have the right to serve in both positions,” he said. “I’ve fulfilled all the requirements [for candidacy]. What’s defective about it? The only thing that’s defective about it is in their mind, I’m not supposed to be running for both school boards.”

When asked if he would challenge the school board’s resolution in court, Isaacson was quick to respond.

“Why not?” he asked. “I’m going to have to file a complaint in superior court.”

The night before the Closter Board of Education unanimously adopted their resolution declaring Isaacson’s petition defective, the NVR Board of Education unanimously rejected a similar resolution.

“I felt a little uncomfortable about this because it looks to me like he has a legal right to do this,” said NVR Board Member Alice Comer.

NVR Board Member Ray Wiss stressed the importance of acting on the guidance of a legal opinion.

“Unless we’re being guided by a legal opinion that says this is statutorily unpermitted, why shouldn’t it be for the voters of Closter to decide?” asked Wiss. “I think the general tendency, if there isn’t clarity on it, would be to be inclusive and not exclusive. Inclusive would mean enfranchise the voters and let them make the decision.”

However Closter Board of Education Vice President Michael Goldstein said that his board is being guided by a legal opinion.

“Most statutes are subject to various interpretations and opinions and I will not speak to endorsing or challenging whatever [the NVR] board had commended or ruled upon,” Goldstein said. “All I can tell you is based upon the advise of our attorney, based upon our reading, we are prepared to take the action.”

Two legal cases were cited by the Closter Board of Education, both which upheld their position, but both which came before the 2008 changing of the statute.

While the 2008 statute prohibits dual office holding, in the past it has been done. Current Pascack Valley Regional (PVR) Board of Education member Alfred Murphy had simultaneously held positions on the PVR Regional Board and local Hillsdale School district. He told Northern Valley Press that it lends itself between smoother operation between boards and better curriculum articulation for transitioning students. He also suggested the dual office statute might have been intended more to regulate positions of greater legislative influence.

And Isaacson, who’s said he’s running so kids get the best education possible, also said he doesn’t see conflict ether,

“It’s two separate school districts,” he said. “[Closter] meets on Thursdays. The high school meets on Mondays. Where’s the conflict?”