Judge Orders Lt. Ralph Johnson Restored to Piscataway Board of Education

Administrative Law Judge Grants Emergent Relief, Finds Board Improperly Removed Him

Piscataway, NJ – Administrative Law Judge Kim Belin found in favor of Lt. Ralph Johnson, ordering the popular community leader and coach restored to his seat on the Piscataway Board of Education.  Lt. Johnson, who had recently been elected to a third term, was removed by the “Better, Safer Schools” slate members of the Board of Education on trumped up charges that he missed three consecutive meetings without good cause.

Ruling on an emergent motion for relief, Administrative Law Judge Belin found that Lt. Johnson “had trouble attending several meetings during an unprecedented global pandemic and state of emergency which required that he work longer hours without breaks. He communicated his inability to attend the meetings with the Superintendent and copied the Board President. In addition, he requested a shift change which was granted and since the change, has attended all Board meetings until his removal in July.

“The Board failed to demonstrate that it was unable to conduct its business as a result of Johnson’s truncated attendance on April 9, 2020… Johnson has more than two years left on his term and thus his removal undermines the will of the public who elected him and unduly smears his reputation,” Belin wrote.

An application for emergent relief is a high legal bar, requiring Lt. Johnson to prove that he will suffer irreparable harm if the requested relief is not granted; that the legal right underlying petitioner’s claim is settled; that the petitioner has a likelihood of prevailing on the merits of the underlying claim; and that when the interests of the parties are balanced, the petitioner will suffer greater harm than the respondent will suffer if the requested relief is not granted.  Judge Belin found that Lt. Johnson’s case met all four standards.

The “Better, Safer Schools” slate members of the Board of Education, who have run with support from the local political machine run by Brian Wahler, removed Lt. Johnson after claiming that he missed a meeting on April 9.  Lt. Johnson has repeatedly said he was present, and was marked as such according to the Board’s own minutes, for a portion of that meeting and was disconnected as a result of technological issues.  The judge agreed, writing:

“The Board offers no rational basis for its determination that thirteen minutes does not qualify as attendance at a Board meeting, especially under the circumstances presented here where absent the technical difficulties, Johnson would have remained on the call. Indeed, following the Board’s logic would render the statute as a “gotcha” law wherein a Board member can be removed for committing a violation without being

advised of the conditions which will warrant their removal (i.e. that attending a Board meeting for thirteen minutes constitutes a violation of the attendance statute). This “fits the very definition of arbitrary and capricious action” and is an untenable position.”

In response to the order, Lt. Johnson said, “I am delighted about Administrative Law Judge Belin’s ruling. I believe the students, teachers, staff, my family, and all the voters deserve it. Their support is what encouraged me to contest this improper removal. As a God fearing man, I shall not bear ill will towards those who voted to remove me, but I shall never submit to injustice from anyone. In the words of Mahatma Gandhi “I shall conquer untruth by truth. And in resisting untruth, I shall put up with all suffering.” It is my intention to move forward, continue to serve this wonderful community, and transform this suffering into an empathic and creative force. I look forward to returning to my work on the Board immediately.”

Attorney Brett M. Pugach, Bromberg Law LLC, who argued the case agreed. “We are encouraged that the Administrative Law Judge recognized that the Board’s action did not have a basis in law, nor in common sense.  We look forward to Ralph resuming his position on the Board to continue serving the residents of Piscataway who duly elected him,” he said.

Attorney Yael Bromberg, Principal of Bromberg Law LLC and co-counsel on the case said, “We are of course pleased that the Court ordered that Mr. Johnson be reinstated to his seat on the Board, but it is unfortunate that this fundamentally anti-democratic move had to be litigated at all, particularly during this dark hour in our national politic. One would hope that the abandonment of the rule of law nationally would shed a light on the need to protect democracy at home on the local level.”

Parents and students who supported Lt. Johnson were elated. Zoe Scotto, a former student representative to the Board of Education who served with Johnson for the last two years, helped organize a protest to support Lt. Johnson, cheered the decision.

“Mr. Johnson’s victory shows that when a community of people fight for the right thing because they feel it’s the right thing to fight for, they’ll make sure justice is served no matter how far they must go. This victory shows that we will never be silent and choose submissiveness when they choose to not listen to us,” said Scotto, who graduated Piscataway High School this past June.  “Our community and the court ruled that Mr. Johnson is a valuable leader that deserves to remain on our Board. No amount of vendettas plotted against him or political schemes by some members of the Board could ever diminish that fact.”

Lt. Johnson’s supporters continue to raise funds to cover the legal expenses associated with the case.  A Go Fund Me account was created to support his case.

The Commissioner of Education has 45 days to accept, reject or modify the decision. If the Commissioner takes no action, the ruling is considered final. For now, though, Johnson must be returned to the Board and allowed to continue to serve his community.