Board invokes doctrine of necessity to enter executive session on litigation and superintendent personnel

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 of nine board members had identified actual or potential conflicts of interest related to matters involving Superintendent Eric Hibbs. Because the disqualified members' absence would have left the board without a quorum, trustees voted to invoke the doctrine in order to create a quorum for the limited purpose of entering executive session on the litigation (named in the resolution as Hibbs v. Washington Township Board Of Education) and personnel matters.

The invocation was moved and adopted by roll call; the board then voted to enter executive session, with counsel noting the executive session would include litigation strategy and privileged attorney-client communications. The chair asked the public to leave so members could continue in closed session, and the public portion of the meeting was adjourned shortly after.

The resolution stated that minutes of the executive session will be kept and withheld while confidentiality is needed and that formal action may or may not be taken when the board returns to public session.

The invocation and the executive-session resolution reflect a procedural step used when conflicts would otherwise block the board from deliberating litigation and personnel matters during a public meeting; the board recorded the roll call on both the doctrine invocation and the subsequent motion to go into executive session.