Newark School Board Members Denied Attorney Fee Coverage Amid Ethics Dispute

Newark School Board Members Denied Attorney Fee Coverage | Future Education Magazine

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State Rejects Request for Legal Fees in Ethics Complaint

Two Newark school board members facing an ethics complaint related to their investigation of racial bias at a city high school will have to cover their legal expenses. New Jersey Education Commissioner Kevin Dehmer ruled against the request from current board member Crystal Williams and former member A’Dorian Murray-Thomas to have the district resume paying their attorneys’ fees. The Newark Board of Education had previously halted these payments through a resolution in November.

The ethics complaint was filed by Nelson Ruiz, principal of the Newark School of Global Studies, according to Dehmer’s decision issued on Monday. The School Ethics Commission is still reviewing the complaint and must determine whether Williams and Murray-Thomas acted within their official capacities while investigating racial bias allegations at the school. Initial findings by a state judge indicated that their actions were related to board duties. The board members sought intervention from the state education department in December, leading to a review by the New Jersey Office of Administrative Law.

Board Argues Members Acted Against District’s Interests

In its response to the state, the Newark Board of Education maintained that it was no longer required to pay the legal fees because the two board members acted against the district’s legal interests. The district’s argument centers on the claim that Williams and Murray-Thomas, through their attorney, issued a subpoena to obtain a consultant’s report that had previously been classified as confidential.

Initially, in February 2023, the school board approved paying legal fees at a rate of $285 per hour for four unnamed board members facing ethics complaints. However, details regarding these complaints were not publicly disclosed at the time. By November, the board rescinded three resolutions related to legal payments for Williams and Murray-Thomas. The resolution did not specify names but cited the need to protect the district’s interests.

The attorney representing the board members, Janelle Edwards-Stewart, argued that Williams and Murray-Thomas were not informed about the district’s decision to rescind legal payments. Additionally, Williams was allegedly prevented from participating in parts of two board meetings under directives from Superintendent Roger León and District Attorney Brenda Liss. The district’s spokesperson, Paul Brubaker, did not respond to inquiries regarding the ethics complaint or the board’s decision to halt legal payments.

Broader Context of Racial Bias Allegations at Global Studies

Dehmer’s ruling contradicts a prior decision by state Administrative Law Judge Andrew Baron, who had partially sided with the board members. Baron ruled that the district should cover their legal fees, except for those related to obtaining the privileged consultant’s report. In his decision, Baron noted that both the district and the board members had acted in ways that complicated the legal dispute.

This decision follows ongoing concerns about racial bias at the Newark School of Global Studies. A confidential draft report by Creed Strategies, obtained by Chalkbeat, detailed instances of racial discrimination against Black students and teachers at the school. The district commissioned the report in early 2023 after complaints surfaced in 2022, but Superintendent León later stated it was intended for internal use only.

The state’s ethics commission has not released details of the complaints against Williams and Murray-Thomas. Under New Jersey law, ethics complaints remain confidential until a public meeting determines probable cause or until the case is settled, withdrawn, or dismissed. Meanwhile, Williams and Murray-Thomas have 20 days to appeal Dehmer’s decision, leaving the case unresolved as debates over racial equity and governance in Newark schools continue.

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