TOMS RIVER, NJ – An Ocean County Superior Court judge refused to dismiss a lawsuit brought against the Lacey Township Board of Education alleging violations of the New Jersey Open Public Meetings Act (OPMA) over clandestine meetings held by a majority of the board during 2019 that recently came to light in related proceedings before the School Ethics Commission within the New Jersey Department of Education. In a September 15th, 2023 decision, the Honorable Valter H. Must, J.S.C. refused to dismiss the lawsuit, finding that plaintiffs Gavin Rozzi and Regina Discenza have stated a claim for violations of the “Sunshine Law” as well as the New Jersey Civil Rights Act. Rozzi and Discenza are arguing the case pro se, while the defendants are represented by Capehart Scatchard.

The lawsuit’s procedural history has been marked by a series of contentious legal battles. At the heart of the dispute is the allegation of “serial meetings” — a series of individual discussions where a consensus was reached outside of the public eye prior to the board’s public meeting. Notably, five out of the seven, and in another instance four out of the seven board members, admitted in their own certifications filed in related ethics cases to holding these individual discussions. These meetings, often held with the former Lacey School Board President Shawn Giordano, culminated in a directive to have the board attorney perform research on Rozzi and Discenza, outside of a public meeting of the board.

The court’s decision to deny the motion to dismiss is a clear indication of the weight of Rozzi and Discenza’s claims and the broader implications of the case. As the case moves forward, it promises to delve even deeper into the intricacies of public governance and the line between transparency and secrecy.
“These ‘serial meetings’ are emblematic of the kind of backdoor dealings that erode public trust,” remarked Gavin Rozzi. “When decisions are made in the shadows, it’s the public that’s left in the dark.”
Rozzi emphasized the broader implications of the case, stating, “Every time a public body sidesteps transparency, it chips away at the public’s faith in the entire system. Our fight is not just for ourselves, but for every citizen who believes in open governance and ethical leadership.”

Regina Discenza said, “It’s not just about us. It’s about setting a precedent that ensures every decision made by public officials can stand up to scrutiny. There should be no expenditures of public funds without proper public discussion, vote and disclosure.”
The July 2023 decision of the School Ethics Commission In the Matter of Shawn Giordano, Docket No. C04-20 already shone a spotlight on the murky dealings of certain board members, with the SEC affirming Giordano’s breach of the New Jersey School Ethics Act.
The SEC found that Giordano, acting out of personal animosity against Discenza, improperly directed the Board’s then-attorney, Christopher Supsie, to conduct almost 34 hours of research on Discenza’s conduct on the day after he lost the 2019 election, costing the District’s taxpayers over $5,000.
The revelations about the involvement of Giordano further complicate the narrative. As a former Lacey School Board President, his role in these “serial meetings” and the subsequent directive to investigate Rozzi and Discenza highlights the potential abuse of power in public office. Such actions can erode public trust, especially when there’s a perception that public resources are being used to further personal objectives.

The intricacies of “serial meetings” under scrutiny in the current case reflect challenges foreseen by the late New Jersey local government attorney Michael Pane. Discussing the dynamics of phone consensus in local governance, Pane insightfully remarked in the New Jersey Practice Series on Local Government Law: “If the mayor or presiding officer has telephone conversations with all members… and they reach a consensus… has a meeting been held?” He further highlighted the potential legal ramifications, suggesting that based on the “intent of the Act,” a court could find a violation “if there were testimony as to a pattern of decision-making by telephone.” Pane’s observations amplify the potential legal and ethical implications this case might have on the conduct of public officials.

“The journey towards transparency and ethical governance is long, but each step forward is a testament to the importance of holding public officials accountable,” Rozzi added,
Discenza stated, “This isn’t just about individual cases. It’s a broader fight for the principles of good governance and the rights of the public.”
The issue of “serial meetings” in particular could set a new precedent for how public bodies operate and make decisions. As the legal proceedings unfold, the case promises to offer more insights into the inner workings of public bodies, setting the stage for potential reforms to the Lacey Board of Education and a renewed emphasis on ethical standards in public service.

The case is captioned Rozzi and Discenza v. Lacey Township Board of Education et al, Docket No.: OCN-L-674-23.

About Regina Discenza and Gavin Rozzi:
Regina Discenza and Gavin Rozzi are active community members dedicated to fostering accountability and transparency within Lacey Township. Discenza is a former 2-term board member, while Rozzi is a former board candidate and founder of the public records platform OPRAmachine.com.