On Thursday, November 13, judges on Part C of the Appellate Division will hear oral argument in Arminio v. Monroe Township Board of Education. The case raises several issues under the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. (“OPMA”).

The appeal involves the actions of the Monroe Board of Education in connection with the consideration of candidates and the eventual appointment of a person to fill a vacancy on that Board. The Board met in closed session to discuss candidates to fill that vacancy and then made an appointment to fill that vacancy at a public session. Plaintiff sued, asserting violation of the OPMA.

On cross-motions for summary judgment, the Law Division ruled for plaintiff. The court not only voided the Board’s vote to fill the vacancy but also ruled that votes cast by the improperly appointed person must remain in effect.

On appeal, the Board argues (among other things) that the OPMA plainly permitted the Board to meet in closed session to discuss potential candidates to fill the vacancy, that voiding the vote to fill the vacancy that the Board filled in public session was improper because the issues were moot, as the appointee was no longer a Board member by the time the Law Division ruled, and that if the appointment were void, the appointee’s votes should have been treated as void as well. Plaintiff, of course, takes a contrary position on all issues raised.

The briefs on this appeal are available here. The oral argument can be viewed at this link.