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Tensions flare at Hackensack board meeting as trustees and counsel debate privilege and communications

Hackensack Board of Education · February 12, 2025
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Summary

Trustees and a board member exchanged sharp criticisms about communications, unanswered emails and attorney-client privilege during public comment; the meeting included accusations of misleading public statements and a heated on-record dispute.

Tensions surfaced at the Hackensack Board of Education meeting when trustees and others clashed over communications, counsel and what may be discussed publicly following a closed session.

During public remarks one trustee said she had multiple unanswered emails to the board president and vice president dating back to Jan. 15 and asked that trustees check with her before making public statements that assumed facts she disputes. That trustee said she had been advised by interim counsel Madeline Hicks that certain conduct was acceptable but disputed the public framing. She asked that two policies (0174 and 0177) be amended to include regulations and said she might pursue an ethics complaint if necessary.

A person identified in the record as offering counsel said closed-session conversations are protected by attorney-client privilege and warned against discussing privileged details in public. The exchange escalated when one trustee or participant accused another of dishonesty, and the transcript records the phrase, “You are a liar.” The chair and other trustees urged civility and reminded members and speakers that ethics rules and decorum apply.

The board acknowledged the emotional tenor of the exchange and reiterated that questions about counsel and privileged matters would be handled through proper channels; the board said it had established an RFP and would name permanent counsel after the process concluded.

What happens next: Trustees said they will continue the selection process for outside counsel, consider whether policy 0174 and 0177 need revisions, and consult counsel on how to respond to alleged procedural or ethical breaches.