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Board invokes doctrine of necessity to enter executive session on litigation and superintendent personnel
Summary
Facing conflicts of interest that would prevent a quorum, the board invoked the doctrine of necessity and voted to enter executive session to discuss pending litigation (Hibbs v. Washington Township BOE) and personnel matters involving the superintendent.
The Washington Township Board of Education adopted a resolution invoking the so-called "doctrine of necessity" during its March 2 meeting to permit otherwise-disqualified members to participate in an executive-session deliberation over pending litigation and personnel matters involving the superintendent.
The chair read a resolution that summarized the legal basis (Open Public Meetings Act, N.J.S.A. 10:4-6 and related sections) and noted that six…
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