Montclair BOE Unsuccessful In Bid To Remove Itself from Turner Residency Petition


The NJ State Department of Education has rejected an attempt by Montclair Board of Education to remove itself as a named party in the non-residency appeal petition hearing filed by local activist David Herron against board member Franklin Turner and the Montclair Board of Education. Herron is seeking to remove Turner from his appointed office over alleged violations of state and local district residency rules.

Samantha Price, director of the Bureau of Controversies and Disputes for the NJ. Department of Education, stated in a June 7 letter to Montclair Board attorney Isabel Machado that the “Board is an interested entity who will be substantially, specifically and directly affected by (the) outcome of the controversy,” citing N.J.A.C. 6A:3 1.2. “Therefore it is appropriate for the Board to be included as a party in this matter even if not named by the pro se petitioner as a respondent in the petition of appeal.”

Herron says he did not know of, or was able to respond to the Board’s attempt, because he never received a copy of Machado’s appeal letter.

In response, Machado sent this letter to Price, stating that her office will not be representing Turner. Machado asks for an extension on behalf of Turner to allow him to seek representation.

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