By Lev D. Zilbermints
Rutgers University Board of Governors (BOG) has found itself in hot legal waters on Monday, September 13. Honorable Alberto Rivas, a judge of the Superior Court in New Brunswick issued an order demanding that Rutgers appear and explain their actions.
According to court documents, Charles Kratovil and Troy Shinbrot are pro se litigants against the Rutgers Board of Governors. The lawsuit was filed in August, after Kratovil was removed from a June 22, 2021 online Board of Governors meeting for asking questions the Board did not like. Similarly, Troy Shinbrot, then an elected Faculty Representative from the University Senate, was permanently removed from the online meeting after he questioned the BOG’s President’s decision to rule Mr. Kratovil out of order.
In his ruling, Judge Rivas “ordered that Defendant (BOG) shall appear and show cause on the 14th day of October, 2021 before the Superior Court at the Middlesex County Courthouse in New Brunswick, New Jersey, at 2:00 p.m. via telephone conference.” The purpose of the court appearance, per verified complaint, is to show why judgment should not be entered against Defendant (BOG).
Kratovil and Shinbrot ask the court to void all resolutions approved during the June 22.2021 Board of Governors meeting; order Defendant to comply with all requirements of the Open Public Meetings Act in the future; issue a permanent injunction enjoining the Defendant from violating the OPMA in the future, requiring the Defendant to release, no less than 48 hours prior to any future meeting, the full text of all resolutions up for consideration, as part of the publicly available agenda, so that members of the public can make informed and germane comments when called upon; ordering the Defendant to adopt bylaws and procedures that will ensure members the public have the right to address general comments about university-related matters to the BOG during their meetings; for such other relief as the Court may deem just and equitable.
The order informs the Board of Governors that they must submit a written answer and opposition papers and proof of service before October 14, 2021 with the Clerk of the Superior Court of Middlesex County. A copy of the answer and opposition papers must be sent to either the plaintiff’s attorney or the plaintiff, if no attorney is available.
According to the verified complaint, “the Court will entertain argument, but not testimony, on the return date of the Order (October 14, 2021), unless the Court and parties are advised to the contrary no later than 3 days before the return date.”
How it began
As was reported in Local Talk’s July 22 and July 29 editions, the whole mess began at the June 22, 2021 online meeting when Charlie Kratovil asked for a copy of changes that were made to the Board of Governors’ Bylaws. At this point, BOG President Mark Angelson declared Kratovil to be out of order. Former Rutgers University Senate faculty representative Troy Shinbrot questioned why Kratovil was declared out of order. Shinbrot faced the same declaration and was permanently removed by BOG President Angelson.
After the meeting, Shinbrot submitted his letter of resignation from the Board. He was replaced by Samuel Rabinowitz, a Rutgers Camden professor.
Both Kratovil and Shinbrot have previously stated on record that the Board of Governors does not tolerate viewpoints which are contrary to its own. As was reported in July 22 Local Talk, Shinbrot said that the Board is very “insulated” from members of the Rutgers community.
When Local Talk spoke with Kratovil, he said, “My complaint to the judge is for Rutgers to show cause. Rutgers to explain themselves. “I continue to put pressure on them (Board of Governors) and look forward to seeing them in court.”
