You cannot use ‘public funds’ for ‘private non-profit organizations’

Dear Editor:

On February 15, 2001, in the Opinion Section of a local daily newspaper a letter was published written by Mr. Juan Cartagena. I clearly understand the emotion that he has displayed in his letter with regards to his child. Surely the Charter School issue is a very contentious topic. I would like to inform the citizens that it is my understanding of the “Charter School Program Act” of 1995, which I based my decision on. In short, you cannot use public funds to build a facility for a Charter School. Corporate counsel gave me a copy of the court case, Jersey City Education Association, Mary Revell, Salvatore Riggi, Mia Scanga and Catherine Revell verses Jersey City Redevelopment Agency, Bret Schundler in his capacity as Mayor and the Jersey City Council. The court ruled that you could build a public building with funds (bonds in this case) and lease it to a charter school, if public entities so choose to. The definition of public in this case is “of or relating to a government.” P.A.C.O., Boys/Girls Club and the Urban League of Hudson County are private non-profit organizations.

I was elected to a position to monitor how funds are used and the only side I can take is the Legal Law abiding side. I was also elected to represent the public, their tax dollars and how they are used. I will not deal with the ideas of separatist because it doesn’t serve the interest of the children of Jersey City. My interest is in all the children of this city so that their interest is served equally. I must be assured that every child in the community is educated on an equal basis without prejudice and with financial advantage, not just Mr. Cartagena’s child/children. “Two wrongs do make it right.”

L. Harvey Smith
Councilman-at-Large

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