Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Legal Services Opra topic
No spam. Unsubscribe anytime.
Board questions legal bills tied to OPRA requests and schedules executive-session follow-up
Summary
Board members pressed for answers about attorney invoices tied to re-review of Open Public Records Act (OPRA) responses, withholding approval of several checks; members voted to add an executive session to the end of the meeting to discuss legal strategy and billing.
The Berkeley Heights Board of Education spent more than an hour Wednesday night debating attorney bills tied to public-records work and approved a plan to take privileged legal matters back into executive session.
Several board members raised detailed concerns about invoices they said were for re-review of documents that had already been released under the Open Public Records Act. “There was an OPRA request April 2nd for requests from January through March that cost $1,480,” one member said while listing other items she said raised questions about whether the district had been billed appropriately. Members cited cumulative OPRA-related billing estimates and asked for documentation showing why outside counsel performed additional review and whether that review was necessary.
Board attorney Mr. Distler cautioned members about airing litigation strategy in public. “If the question is in a lawsuit what is said in this room can be used both for and against the board,” he told members, urging care and noting that matters touching on attorney–client privilege may justify moving to executive session.
The board voted on its finance agenda with most items approved but recorded 'no' votes on four specific check numbers (the board announced that checks 212340, 212438, 212756 and 212630 did not pass). After debate, the board voted to amend the agenda to return to executive session after old business to get attorney advice and discuss the legal bills.
Why it matters: The dispute centers on whether the district should pay for additional attorney review of records that board members said had already been vetted and released. The outcome could affect the district’s legal spending and the handling of future OPRA requests.
What’s next: Board members asked administration to compile the billing details and the business office said it will institute additional line-by-line review processes for attorney bills. The board will discuss the legal bills and attorney consultations in executive session as authorized by the Open Public Meetings Act.
