04/05/2014
Man's constitutional rights violated, ACLU says
The New Jersey chapter of the American Civil Liberties Union is pressuring the Clifton school board for silencing a resident who sought to criticize the district's superintendent at a meeting earlier this year.
In a letter to Board of Education President Gary Passenti this week, an ACLU lawyer took school officials to task for preventing Keith Bassford from finishing his comments at the Jan. 6 reorganization meeting.
Bassford, a vocal parent and husband of board member Judy Bassford, had said he wanted the board to know about an encounter he had with Superintendent of Schools Richard Tardalo. But Passenti stopped him from making his remarks, telling him, "You're out of order," and warning that he would call the police if he continued. The board's lawyer also intervened, saying his comments, which Bassford never uttered, were "offensive."
"New Jerseyans have a First Amendment right to make their opinions known to elected representatives, even with remarks that are caustic or sharp," wrote the ACLU's legal director, Edward Barocas. "It seems clear the restrictions placed on Mr. Bassford at that meeting violated his constitutional rights."
While not expressly threatening a lawsuit, the organization asked the board to commit to allowing Bassford to say his piece at a future meeting and to confirm that residents can say things at meetings that school officials may not agree with.
The ACLU asked for a reply by Friday, but the board's attorney, Isabel Machado, told the group that she would provide a formal response in a week.
Machado and Passenti did not respond to requests for comment.
The controversy over Bassford's comments swelled after school officials erased the exchange involving him from the televised version of the January meeting. Some residents, calling the issue "Tapegate," accused the board of censorship and of not being transparent.
A few weeks later, Machado explained that the board could have been held legally responsible if it were to air any "potentially defamatory" statements about district employees.
The ACLU has not looked into the redaction of the tape, a spokeswoman said. But Passenti has instructed the board's policy committee to craft specific rules about the taped meetings.
Judy Bassford, who heads the policy committee, said the New Jersey School Boards Association has told her that no districts have a policy on editing recorded meetings. She said she would like the board to have something in place in the event that profanity or obscenities make their way into board meetings.
Bassford said the board should vote on editing meeting footage before going ahead with it. The policy committee discussed the issue last month and now is awaiting legal advice, she said.
"We're covering virgin territory," she said. "It will have to be really looked on, because I'm concerned we may be violating somebody's rights."
Keith Bassford said on Friday that he still wants trustees to investigate Tardalo for comments he made after a parent advisory committee meeting last year – the issue he had hoped to raise in January. Bassford, the president of Clifton High's Home and School Association, said Tardalo was disrespectful and accused him and his wife of turning the district into a "political arena."
Tardalo has said Bassford's complaints didn't "make any sense," but otherwise has declined to comment.
In the past few months, Bassford said, he has spent more than $6,000 on attorney fees while pursuing the matter. He said he wants to "clear his name" and show that he did nothing wrong by speaking out.
About a month ago, Bassford said, the board's lawyer suggested meeting with Tardalo to work out their disagreement.
Bassford agreed to the offer but said he has not heard back about scheduling an appointment since.
"Apparently it went on deaf ears," Bassford said.
source
Man's constitutional rights violated, ACLU says
The New Jersey chapter of the American Civil Liberties Union is pressuring the Clifton school board for silencing a resident who sought to criticize the district's superintendent at a meeting earlier this year.
In a letter to Board of Education President Gary Passenti this week, an ACLU lawyer took school officials to task for preventing Keith Bassford from finishing his comments at the Jan. 6 reorganization meeting.
Bassford, a vocal parent and husband of board member Judy Bassford, had said he wanted the board to know about an encounter he had with Superintendent of Schools Richard Tardalo. But Passenti stopped him from making his remarks, telling him, "You're out of order," and warning that he would call the police if he continued. The board's lawyer also intervened, saying his comments, which Bassford never uttered, were "offensive."
"New Jerseyans have a First Amendment right to make their opinions known to elected representatives, even with remarks that are caustic or sharp," wrote the ACLU's legal director, Edward Barocas. "It seems clear the restrictions placed on Mr. Bassford at that meeting violated his constitutional rights."
While not expressly threatening a lawsuit, the organization asked the board to commit to allowing Bassford to say his piece at a future meeting and to confirm that residents can say things at meetings that school officials may not agree with.
The ACLU asked for a reply by Friday, but the board's attorney, Isabel Machado, told the group that she would provide a formal response in a week.
Machado and Passenti did not respond to requests for comment.
The controversy over Bassford's comments swelled after school officials erased the exchange involving him from the televised version of the January meeting. Some residents, calling the issue "Tapegate," accused the board of censorship and of not being transparent.
A few weeks later, Machado explained that the board could have been held legally responsible if it were to air any "potentially defamatory" statements about district employees.
The ACLU has not looked into the redaction of the tape, a spokeswoman said. But Passenti has instructed the board's policy committee to craft specific rules about the taped meetings.
Judy Bassford, who heads the policy committee, said the New Jersey School Boards Association has told her that no districts have a policy on editing recorded meetings. She said she would like the board to have something in place in the event that profanity or obscenities make their way into board meetings.
Bassford said the board should vote on editing meeting footage before going ahead with it. The policy committee discussed the issue last month and now is awaiting legal advice, she said.
"We're covering virgin territory," she said. "It will have to be really looked on, because I'm concerned we may be violating somebody's rights."
Keith Bassford said on Friday that he still wants trustees to investigate Tardalo for comments he made after a parent advisory committee meeting last year – the issue he had hoped to raise in January. Bassford, the president of Clifton High's Home and School Association, said Tardalo was disrespectful and accused him and his wife of turning the district into a "political arena."
Tardalo has said Bassford's complaints didn't "make any sense," but otherwise has declined to comment.
In the past few months, Bassford said, he has spent more than $6,000 on attorney fees while pursuing the matter. He said he wants to "clear his name" and show that he did nothing wrong by speaking out.
About a month ago, Bassford said, the board's lawyer suggested meeting with Tardalo to work out their disagreement.
Bassford agreed to the offer but said he has not heard back about scheduling an appointment since.
"Apparently it went on deaf ears," Bassford said.
source
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