BY LEV D. ZILBERMINTS
NEWARK – Superior Court Judge Stephen L. Petrillo has ruled in favor of Munirah El Bomani. According to TapInto Newark online August 12 article, Superior Court Judge Petrillo ruled that Munirah El Bomani may continue to prosecute her lawsuit filed Feb. 21 after she was barred from two council meetings from speaking out of turn.
Munirah El Bomani, a Newark activist, is no stranger to being banned from Municipal Council meetings for speaking out. The latest ban occurred on February 7, when Municipal Council President LaMonica McIver banned El Bomani for interrupting Business Administrator Eric Pennington during his speaking time. Pennington was responding to comments El Bomani made earlier.
El Bomani felt that Pennington was calling out her name to discredit her, and interrupted him.
“Local Talk” did its usual diligent research, checking relevant old articles, statements by the courts, Ms. El Bomani, Ms. McIver, and other sources. What follows is the article.
Munirah El Bomani’s side of the story
In her written account, emailed to “Local Talk,” El Bomani wrote, “I am pleading for a judge, human rights attorneys, organizations and advocates to step in and help us enforce our First Amendment rights that are protected by the constitution.
“On February 7th, 2024, approximately 6:30 p.m., I spoke at the Newark City Council meeting, which is a public meeting. At the end of the meeting, the Business Administrator, Eric Pennington came up to the podium to address my comments. When he started calling my name, and disputing my comments to discredit me. When I responded back, the Council President, LaMonica McIver called the police officer(s) and ejected me from the meeting.
“On 2/16/24, I received an email from the City Clerk, Kecia Daniels that I was excluded from meetings on 2/21/24 and 2/27/24 for being disorderly in the council meeting. I wasn’t disorderly. I just responded back to comments that was made towards me, and asked, where is my equal airtime? It’s like a case of entrapment. They want to address us, but we can’t exercise our freedom of expression. This abuse of power, banning, excluding advocates from public building and meeting must be addressed. I/we deserve justice and our rights to address our grievances.
“So on February 20th, I went to the Superior Court of Essex County to file an injunction against the City of Newark, Council President LaMonica McIver and City Clerk Kecia Daniels for violating my due process of law, no right to appeal process or hearing on this matter, violating my right to petition my grievances or redress to the government, and through peaceful assembly, and a violation of the Open Public Meetings Act 10:4 -12 paragraph (a) and NJSA 10:6 -2 Paragraphs C and F.
As for the council rules, the First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peacefully to assemble and to petition the Government for a redress of grievances.” According to the First Amendment, these council rules may be unconstitutional. It’s time for the people whose rights are being trampled over to challenge these violations and abuse of power coming from public officials who took an oath to defend the constitution.”
Ruling of Superior Court Judge Stephen L. Petrillo
According to TapInto Newark’s Aug. 12 online article, “The court believes that there does exist at the present time a validly pled claim under the Civil Rights Act regarding the constitutionality of the city’s policy of banning persons from future meetings,” Petrillo said, according to a recording of the hearing.
Petrillo, however, agreed with the city’s position that El Bomani had no claim under the Open Public Meetings Act, and said that El Bomani would have to file an amended complaint under the Civil Rights Act that more specifically details her claim that the city’s policy is unconstitutional. That filing is due by Sept. 9, he said.”
What City Council Rules Say
In its Oct. 7, 2022 article “Local Talk” covered the subject of what the Municipal Council Rules say. Below is the entire article.
While Newark residents and activists unanimously say the Municipal Council members abuse their authority, Council members say activists are ignorant of Municipal Council Rules which govern Council meetings.
Council President LaMonica McIver asked Acting City Clerk Kecia Daniels to email “Local Talk” a copy of Municipal Council Rules. These rules, a thirteen-page document that was adopted in 2012 and revised in 2019, show that legally, the Municipal Council is within its rights to regulate Council meetings.
According to Rule I, “Except as may be provided in the charter, all questions or order, the methods of organization and the conduct of business of the Municipal Council shall be governed by Roberts Rules of Order, Newly Revised in all cases to which they are applicable as determined by the City Clerk as parliamentarian for the Municipal Council and in which they are not inconsistent with the following rules of the Council.”
Thus, Rule I plainly states the Roberts Rules of Order, Newly Revised, govern Council meetings. Moreover, the City Clerk is the Parliamentarian of the City Council.
According to Rule VII, “The President of the Council shall preserve strict order and decorum at all regular and special meetings and conference meetings of the City Council.”
Obviously, if people keep shouting at each other, no business can take place. Thus, Rule VII charges the President of the City Council with preserving strict order and decorum at every meeting of the City Council. Activists say that the Council President is overstepping the law; the Council President says she is not.
According to Rule VIII, “The City Clerk or his designee in his absence shall act as parliamentarian and shall advise and assist the Presiding Officer in matters of parliamentary law.”
Research done by “Local Talk” showed that in numerous other cities across the country, the City Clerk was the Parliamentarian of the Municipal Council.
Ms. Parker told “Local Talk” that with the retirement of former City Clerk Ken Louis, “his office followed directives from the mayor and compromised separation of Executive and Legislative branches.”
According to Rule XVII, “Notwithstanding the separation of powers between the Executive and Legislative branches of the Newark Municipal government under state law, the Municipal Council may request through the Mayor or Business Administrator that representatives of the City Administration be present during all Hearings of Citizens sessions.”
According to Rule XVIII, “The speaker shall face forward and all remarks shall be addressed to the Presiding Officer and Municipal Council as a body and not to an individual Council member or the audience. A Municipal Council member shall not interrupt a speaker during his speaking time, except the presiding officer for parliamentary purposes only.
“…A speaker must at all times conduct himself in a manner which avoids disorderly conduct or behavior, not make comments that are excessively loud or disruptive, obscene or otherwise in violation of applicable law, or make statements directed at Council members or City Officials that are defamatory or malicious. The presiding officer may interrupt or terminate any individual’s speaking privilege if these rules are violated or further may prohibit requests from such individuals to register and speak at future Municipal Council meetings, in accordance with Rule XVI.”
According to Rule XIX, Section D, “The Chief of the Police Department or her designee(s) shall be the Sergeant-at-Arms of the Municipal Council meetings. She shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Municipal Council meetings.”
Lisa Parker told “Local Talk” that, “this administration has now militarized the council chambers with police officers in riot gear as a way to intimidate residents that speak out.” Yet from reading the Municipal Council Rules it is clear that the police are there to enforce order.
As reported by TapInto Newark in its Aug.12 online article, El Bomani said, “There is no kind of due process. They can just ban you. The same person could be the judge, the jury and the executioner deciding over who should be banned when it should be some kind of due process.”
As reported by TapInto Newark, City Corporation Counsel Kenyatta Stewart in a statement on Monday, Aug. 12, defended the city’s position.
“Newark’s City Council has always done, and will continue to do, the best it can with maintaining decorum in the City Council Chambers during meetings,” Stewart said. Unfortunately, there are people who come to the meeting to be disruptive and disrespectful to staff members, Council members and other participants.
TapInto Newark reported that documents obtained through a New Jersey Open Public Records Act request show that from Jan. 1, 2023 to Fb. 27 of this year, seven people were issued prospective bans, or “notices of exclusion” from City Council meetings for their alleged behavior in violation of council rules. City Council rules are regularly raucous.
The violations, according to the notices, range from people calling out from the audience, to addressing the council in a “threatening and violent manner,” and include in one case, “because the person held up her fist in the air,” as per TapInto Newark.
Unanswered Questions
Would Newark Municipal Council meetings stop being so raucous if the public was given an extra two minutes to respond to the city council or administration’s comments? This is standard parliamentary procedure in governing bodies across the United States and many other countries. The speaker makes his or her comments. The administration responds. Speaker responds again, and takes his or her seat.
What Judge Petrillo’s Ruling Means
As reported by TapInto Newark in its Aug. 12 online article, “According to Petrillo’s recent ruling, however, because El Bomani has been permitted to return to meetings does not negate the question of the temporary bans being constitutional.
“You’ll never get to the issue of whether the bans are lawful or not if the city removes the question every time by lifting the ban,” Petrillo said. “So, this is a policy challenge.”
