Mark Zuckerberg's $100 Million Gift To Newark Schools Leads To Lawsuit (UPDATE)

TRENTON, N.J. (BETH DeFALCO, AP/THE HUFFINGTON POST) -- The American Civil Liberties Union of New Jersey on Tuesday filed a lawsuit against the state's biggest city for refusing to release records related to a $100 million gift pledged to its schools by Facebook founder Mark Zuckerberg.

The ACLU filed the lawsuit against Newark on behalf of a parents group denied access to records requested under New Jersey's Open Public Records Act.

This post has been updated with a response from Newark Mayor Cory Booker.

The initial April 1 request sought to review correspondence among Zuckerberg, Newark employees including Democratic Mayor Cory Booker, state officials and others involved in the deal.

"As parents, as taxpayers and as citizens, we have a need and right to know how the money pledged to Newark's public schools will ultimately serve Newark's public school students," said Laura Baker, who filed the initial request and has a granddaughter in the school system.

The $100 million pledge was announced a year ago by Republican Gov. Chris Christie, Booker and Zuckerberg as they appeared together on Oprah Winfrey's talk show.

Zuckerberg described the gift as a "challenge grant" to Booker, who's trying to raise $100 million more to match what Zuckerberg has promised to contribute over five years.

The gift was presented as a way to try to improve the district, which has been plagued for years by low test scores, poor graduation rates and crumbling buildings. The district was taken over by the state in 1995 after instances of waste and mismanagement, including the spending of taxpayer money by school board members on cars and restaurant meals.

Parents said they want to know more information about how the highly publicized gift would be used.

After requesting several extensions to have time to locate documents, the city denied the request on July 19 in a letter, saying the communications between Booker and Zuckerberg "were not made in the court of the mayor's official duties."

The letter went on to say that if Booker were exercising his official duties, the documents were privileged.

What's known as "executive privilege" protects the governor from disclosing records that contain advice to him on matters related to his executive functions, but it doesn't apply to other elected officials in the state, ACLU-NJ president Frank Corrado said.

"By invoking executive privilege, the City of Newark has waded into unchartered territory in an attempt to make sure these records never see the light of day," Corrado said.

But the records that parents and the ACLU are asking for don't exist, Booker told The Huffington Post Tuesday evening, noting that the city has been diligent in disclosing where the funds are going, namely through local media like the Star-Ledger. Five new high schools across the city, for example, received $975,000 of the Facebook grant to hire principals and staff, recruit students and plan curriculum, the Star-Ledger reported in April.

Booker said he missed an open request from parents and ACLU from months ago that sought e-mails between him, Christie and Facebook officials regarding the origins of the grant.

"What we basically said was there are no emails, I have no e-mails," Booker told HuffPost. "There are no text messages, no electronic records of the origins of the grant. We want to make sure that the public knows what is going on with that money, but I'm not sure why they're looking for e-mails from over a year ago. There are none and they don't exist."

The mayor noted that funds from Zuckerberg's gift are being put toward a number of initiatives, including about $500,000 for economic consultants and financial analysts for the district in addition to school model reforms, which have been a subject of controversy in the city.

The latest plan for doling out portions of the gift, Booker said, is to funnel $1 million into expanded learning time through longer school days as a pilot program -- and filter more money into the initiative if it works. Another "few hundred thousand" will go into creating outdoor spaces like playgrounds and about $700,000 were spent on community preparations to understand district needs.

"ACLU is also pushing that we're not being transparent with the money," Booker told HuffPost. "That's 100 percent not true."

Comments

[raynaysride]

11:03 AM on 09/08/2011

Does anybody care about what the children need? They need an education (or learning tools to be more exact) that helps them become members of society to be able to vote the proper people in office, to look at how not to be corrupt, to change the standard of living in their community, not every child is going to be a lawyer, doctor, scientist; but EVERY child deserves to have a learning tool to see where they will comfortably fit in society; Bravo Mr Z for the contribution; Let's give it to where it belongs; TO THE CHILDREN. I'm not saying put it in the children's hands (for anybody out there that thinks that's what I meant) Let the money go to getting the children TO school (ie bussing), making it attractive to make the children WANT to come & learn how to become someone that will impact their community, & then recycle the teaching they rec'd to the next generation; STOP picking on this man for his insightful contribution & thank him for choosing the Newark community to start educating our youth

[DisgustedbyHypocrisy]

10:35 AM on 08/25/2011

Seems to me that the parents of the district should be thankful that someone with a lot of money is contributing towards the betterment of their children's education. High Five to Zuck!

[Roland19]

11:42 AM on 08/25/2011

Well, I commend Zuck for trying to help, but I also agree the parents have a right to know what strings are attached to the contribution.

[automan 57]

05:43 AM on 08/25/2011

Any and everything that has or could have possitive or negative impact on a society Needs to be open and Transparent!!!~~~~~ I mean the definition of TRANSPARENCY found in Websters Dictionary, not the Obamas definition of TRANSPARENCY !!!~~~~~~

[ADEADMANWALKIN]

01:52 AM on 08/25/2011

How is it that when a man tries to do something "GOOD" they get attacked or knocked down ...Well it's EASY to tear a man down, look at anyone you talked to in the last few days...have you said anything "GOOD" about anyone? Try to build a man up, not tear him down, Thank GOD he did this ! I didn't like him from stories I had heard, but I was one of the first ones to try facebook years ago...And I thank them all for that ! We need jobs in America people and if this is what it takes..go for it...of course some lawyer will disagree..ACLU, dig deep into the mayor, governor, of Newark, it was always corrupt to a degree..(we all know this)...Mark Zuckerberg gave this for your schools,kids,teachers,etc... FIGHT FOR IT !

[Runey]

12:05 AM on 08/25/2011

Chris Christie was involved? I think that's proof enough that this needs to be looked into.

[Robert Grif]

10:52 PM on 08/24/2011

Really strange, perhaps Mr. Zuckerberg has a non-disclosure clause or will ask for the return of his gift. Too much of what's yours is mine (aka entitlement) mentality. On other hand, if Mr. Zuckerberg is going to mandate a curriculum to be taught, the parents may be right in refusing the gift’s implementation. But to go after the donor’s communications is more than rude.

[siteorg]

10:30 PM on 08/24/2011

What is wrong with this country? Someone is donating a huge contribution and someone else hsa to sue. People sue for anything and it is rediculous. I bet most of the people who are involved in this suit wish they had that kind og maony or maybe they would not even help.

[usmcqtco]

09:53 PM on 08/24/2011

"The gift was presented as a way to try to improve the district,..."

And without looking it up, I'd bet they have among the highest per-pupil spending in New Jersey.

[cittidude2]

09:08 PM on 08/24/2011

Wow, more money for Newark, NJ.

The company I work for is extremely generous to Newark...You would think the streets were lined in gold.

Any change I can bankrupt our township and get the "Huffington Post" grant? The AOL grant?

How about the balance your books and have personally accountability grant? Naw. Dont want that one.

[Tim Mcmallen]

08:51 PM on 08/24/2011

So the parents/taxpayers want to have a lawsuit to see where funds are going but in the meantime give the money to the greedy money grubbing lawyers and their filth associates for all the leagal documents. Kudos to all that file lawsuits over bs such as this or all the other pety things that ruin the country.

[destin023]

08:16 PM on 08/24/2011

education, one of the biggest rackets designed to make people feel intellectually engaged while emptying your wallet. They're not even out the starting blocks yet & they've blown over a million on consulting. These people ARE EDUCATION & they have to hire outside consultants to point them in the right direction. Does this not tell you anything?

[Brian Workman]

08:15 PM on 08/24/2011

The ACLU is an Socialist Organization with a Marxist/Leninist Agenda!

[Stephen a Fazekas]

11:59 PM on 08/24/2011

please jump off a cliff

[tennisguy]

08:15 PM on 08/24/2011

I guess that it is true that no good deed goes unpunished. Zuck's reward is being dragged into a lawsuit against a city.

[JoGo3338]

07:21 PM on 08/24/2011

Sounds like a lot of wasted money..that money should have simply been used to hire more and better teachers..expand what is already working and get rid of what doesn't..more beaurocracy is not what will make NJ schools better..good curriculums, better teachers and parents that are involved in helping kids learn.

[leagen]

12:26 AM on 08/25/2011

Who Wants to even Live there? No one with any sense. The ones who Do live in That district are ones Stuck there or who have lived there for a few generations and don't Want anything Better. There IS such a thing as a Ghetto Mentality who wouldn't feel right living anywhere better. They r a lost cause and I wouldn't waste money on trying to help them Better themselves.

[jimofil]

05:41 PM on 08/24/2011

Congratulations to Laura Baker and the New Jersey ACLU for discouraging Mr. Zuckerberg and all future doners to the Newark public schools, (and probably schools all across the country.) Who would want to go through this waste of time and money (court hearings, depositions, lawyers fees, etc.) for doing a good deed?

[destin023]

08:18 PM on 08/24/2011

I understand what you're implying but Zuckerberg should applaud there are those who want his money accounted for. If the system wasn't proven corrupt beforehand there would be no need for that..

[jimofil]

10:56 PM on 08/24/2011

I have no problems with auditing how the money was spent. (especially in NJ) But when they get into how the money was obtained, what the correspondence was between Christi and Zuckerberg or anyone else and Zuckerberg, that seems to me to be harassment, and totally unnecessary.

[leagen]

12:30 AM on 08/25/2011

I am VERY sure Mr. Z is intelligent Enough to place stipulations on Where and How the money must be used. And Accounted For. He is not some Dodo who made money on a lottery ticket. He understands temptation and corruption and is a Very careful man.