By Lev D. Zilbermints
Part One of Two
A Rutgers alumnus and a faculty member are both alleging that the university’s Board of Governors (BOG) violated the Open Public Meeting Act by removing them from online meetings held on February 26 and June 22.
Local Talk did a number of interviews and research to obtain the viewpoints of all sides to this story. Articles in the Daily Targum, the student newspaper of Rutgers-New Brunswick, two interviews with a Rutgers alumnus, checking old Rutgers Newark Observer archives, and research into New Jersey statutes provided the information found in this article.
At the June 22, 2021 online meeting of the Rutgers Board of Governors, Charlie Kratovil, editor of New Brunswick Today, and Troy Shinbrot, a Rutgers-Camden professor in the Department of Biomedical Engineering, were both declared “out of order” by Board chair Mark Angelson. The two had asked questions during the public comments part of the meeting.
In two telephone interviews with Local Talk held July 15 and 17, Kratovil explained what happened at the June 22 BOG meeting. Unlike the Essex County College Board of Trustees, the Rutgers Board of Governors does not have a public comments portion. The list of speakers is limited to twelve on a first-come, first-serve basis. Sign-up is 24 hours before the meeting. Anyone wishing to speak gets only two minutes to address the board, and then only on agenda items. The agenda itself is released to the Governors at least five days before the meeting. However, the public gets the agenda released only 48 hours before the Board meeting.
According to Kratovil, he asked to be given the resolution that makes changes to the Board of Governors bylaws. At this point the Board chairman, Mark Angelson, declared Kratovil out of order. Former University Senate faculty representative Troy Shinbrot told the Daily Targum that Kratovil was declared out of order because he asked for a text of the motions to be voted on. These included changes to the bylaws of two Rutgers health group organization and a $2 million retroactive waiver of a bid to a Rutgers vendor, the Daily Targum reported in its July 10, 2021 edition.
Kratovil told Local Talk that Mark A. Angelson, the Board chair, is “arrogant, a dictator, unaware of how public service works. [He] refused to answer the question. … “They [the Board of Governors] will purposely not answer a question [they do not like]”, Kratovil told Local Talk.
Both the Daily Targum and Charlie Kratovil stated that when Troy Shinbrot, one of the two faculty representatives on the Board, questioned why Kratovil was declared out of order, he too faced the same declaration and was removed from the online meeting.
After the meeting. Shinbrot submitted his letter of resignation. Shinbrot was replaced by Dr. Samuel Rabinowitz, a Rutgers Camden professor.
The Daily Targum reported that Shinbrot said, “When an elected member of a board is censored and removed simply for asking for the rules to be obeyed, I believe the only honorable thing to do is resign. Remaining on the Board would only lend credibility to an inappropriate procedure.”
Shinbrot said that the Board is very “insulated” from members of the Rutgers community. Kratovil, in his interviews, said, “not only did they (BOG) silence me but a Board member who spoke for me.”
“Because decisions are being made on how Rutgers will function in the years ahead by a group so completely insulated from the teaching, research and service done by those of us who work and learn here… they cannot even tolerate a respectful two-minute comment from an (alumnus)”, Shinbrot told the Daily Targum.
Rutgers spokesman Carissa Sessito defended Mark Angelson’s actions.
“The Board of Governors’ bylaws provide that comments or presentations made at meetings must relate to agenda items and shall be subject to reasonable time limits. Comments or presentations that do not relate to agenda items or when speakers exceed reasonable time limits are deemed out of order,” Sessito said.
This is not the first time that Charlie Kratovil and Troy Shinbrot clashed with Board chair Mark Angelson. A similar incident occurred at the February 26 online Board of Governors meeting.
Events of February 26 Board of Governors meeting
Video of the February 26 Board of Governors online meeting was posted by Charlie Kratovil to YouTube. In a testy three-minute exchange, Mark Angelson, the Board of Governors chair, refuses to answer Kratovil’s question, then ejects him from the online meeting. When then-University Senate Representative Troy Shinbrot attempts to get an answer as to why Kratovil was removed, he too is muzzled and threatened with removal.
The incident begins with Kratovil saying, “I wanted to ask if somebody can elaborate a little bit on what financial institutions might be involved in this borrowing, if I understand correctly, $300 million.”
Mark Angelson, the Board chair, responded, “Charlie, you know well that no one is going to elaborate, so please respect the decorum of this meeting and make your statement with all due respect.”
Kratovil replied, “I am being respectful and uh, just wanted to prompt, if I could, uh, a you know, a discussion on this matter so that the public can better understand what is going on at our beloved state university and I do not think there is anything wrong with that. So can someone elaborate on the $300 million dollar move?”
After a moment of silence, Kratovil asks, “Why, why won’t you elaborate?”
Board chair Mark Angelson then cuts Kratovil off, saying, “Charlie, read the rules please. Kim [Kimberly M. Pastva, University Secretary], I think Mr. Kratovil is finished. Thank you very much.”
At this point, University Senate Faculty Representative Troy Shinbrot enters the discussion.
“I would like to enter into the meeting notes – the Board of Governors meeting rules the pdf that was adopted April 7, 2020 which says nothing whatsoever about answering or asking questions,” Shinbrot tells the Board of Governors.
Angelson then attempts to move on. The chair says, “Uh, that’s nice, you are out of order.” No reason or justification is given as to why Dr. Shinbrot was allegedly out of order.
Shinbrot responds, “I do not know why I am out of order. The Board of Governors rules is what you cited to forbid Charlie Kratovil from continuing with his discussion and the Board of Governors rules is only one page long and it does not say that you may not ask questions.
Angelson says, “Um, it does, however, say I am in my golly. Uh, you are out of order, Mr. Shinbrot. One more time and we will cut you off.”
A shocked Shinbrot asks Angelson to repeat what he said.
“Can you repeat that? You are breaking up.”
Angelson repeats, saying, “I am sorry, you are out of order, Mr. Shinbrot.”
“I do not understand why,” Shinbrot responds.
Angelson finally loses patience and tells Shinbrot, “Mr. Shinbrot, if you persist, we will have to cut you off. I hope you won’t. I hope you will read the rules. Thank you sir.” The meeting then moves on.
According to the February 26 online issue of the Daily Targum, Shinbrot sent an email to the Board asking for public disclosure of which banks are involved in the loans, where the $300 million will be spent, how the University plans to repay the debt and what communications led to the Board decisions, as this was not covered in the meeting.
(Full Disclosure: Lev D. Zilbermints has a Masters Degree in Political Science, Class of 2005, Graduate School-Newark. Previously Mr. Zilbermints worked on staff of the Rutgers-Newark Observer between 1999-2009.)
