Northampton Area School District has reached a court-mediated resolution with a district citizen who sued the district because he said his free-speech rights were violated.

NASD Board of Education voted unanimously 9-0 to approve, on recommendation of the NASD administration, a payment and resolution of the matter concerning Gerald Robert Bretzik, who had sued the district. The vote at the June 16 school board meeting was followed by a statement at the meeting by a school director, who said the resolution vindicated Bretzik.

Board of education directors approved the court-mediated resolution, which stipulates a payment of $18,000 to Atty. J. Chadwick-Schnee, representing Bretzik, and to Bretzik, and execution of mutual release of all claims associated with the case, Docket No. 24-1452-SWR, filed with the U.S. District Court for the Eastern District of Pennsylvania.

A copy of the settlement agreement was obtained by Northampton Press through an open records request via an email to Craig Neiman, NASD open-records officer.

The eight-page agreement, signed June 13 by Bretzik and June 14 by an NASD official, details the settlement agreement and general release between Bretzik and NASD; Superintendent of Schools Joseph S. Kovalchik; school directors Dr. Michael Baird, Ross Makary and John Becker; former school directors James Chuss, David Gogel, Chuck Frantz and Robert Mentzell; NASD school police Chief Wilfred Williams; and former NASD school police Officer Michael Renner.

The agreement states that “disputes and controversies arose between Bretzik and the school district” when Bretzik “exercised his right to comment at school board meetings.”

On May 20, 2024, Bretzik filed a complaint against the school district, asserting, in part:

• A challenge to school district Policy 903, on “the basis of violation of the Right to Free Speech under U.S. Constitutional Amendments”;

• A challenge to ban from public meetings and “ability to make public comments”;

• “Retaliation for exercise of free expression”;

• “Vagueness of Policy 903, on the basis of violation of the prohibition of the enforcement of vague laws.”

Policy 903, regarding public comment in board meetings, was adopted June 19, 2000, and revised April 21, 2003; March 21, 2005; May 5, 2014; April 11, 2022; and Feb. 10, 2025.

The agreement states that, on June 10, a mediation was held before U.S. Magistrate Judge Pamela A. Carlos in Suite 4401, U.S. Courthouse and Federal Building, 405 W. Hamilton St., Allentown.

“The school district denies any and all allegations of wrongdoing asserted against them,” the agreement says. “To avoid the expense, disruption and uncertainty of litigation, the parties wish to compromise and fully and finally resolve all claims, which could have been, were, or are raised in the complaint.”

The school district agrees to pay Bretzik “a total settlement of $18,000,” the settlement reports.

The payment is paid by the district’s insurance policy.

“Bretzik voluntarily dismisses the complaint,” the settlement continues.

“The school district agrees to the removal of the following language in board Policy 903: ‘Speech that traditionally has not been protected under the First Amendment,’” the settlement says.

“This agreement and anything included herein shall not be construed or be considered an admission by the school district of guilt, noncompliance with, or violation of any federal, state or local statute or law, constitution regulation, ordinance, public policy, tort law, contract law, common law, or of any wrongdoing, unlawful conduct, liability or breach of any duty whatsoever,” the settlement adds.

Bretzik, 56, sought $1,971,000 in the lawsuit.

NASD was represented in the case by the district solicitor firm, King Spry Herman Freund and Faul LLC.

A school board resolution May 9, 2022, banned Bretzik from board meetings through the end of 2022 for allegedly violating Policy 903, and for allegedly threatening a school board member April 11, 2022. Bretzik was charged with harassment and disorderly conduct. Bretzik pleaded guilty to harassment in October 2022.

Bretzik was one of four applicants interviewed April 30 to fill the unexpired Region 3 term of his wife, Kim Bretzik, who resigned March 7.

After the vote on the court settlement at the June 16 meeting, school director Brian McCulloch said to those in attendance: “Under Policy 903, the Northampton Area School District granted itself the authority to shut down public comment using vague and subjective terms, labeling speech as ‘abusive,’ ‘irrelevant’ or ‘otherwise inappropriate’ or generally not protected by the First Amendment simply because it was uncomfortable or critical.

“Let’s be clear: dissent is not disorder. Criticism is not disruption. The public comment period exists for the people — parents, taxpayers and residents — to hold elected officials accountable. Policy 903 was used to do the opposite. It was used as a weapon to control the narrative, punish critics and chill free speech.

“I have been a vocal opponent of Policy 903 for years. I stood up when it wasn’t easy, when it wasn’t popular, and I said this policy would be abused. I predicted that someone would sue the district over it — and I specifically said that person would be Gerald Bretzik. I also said that, once challenged, Policy 903 would be exposed and ultimately changed.

“And now, here we are. I’ve been proven right. No one understands the damage this policy has caused more than Mr. Bretzik. He stood up and spoke out — and for that, he was silenced, banned and vilified. But he didn’t back down. He fought back. And he prevailed.

“So tonight, I say with great pride: Congratulations, Mr. Bretzik. You stood your ground. You took on a school district that tried to suppress your voice, and you proved that the Constitution still matters.

“Let me also say this: If the district police officers had been wearing body cameras, this lawsuit may have never happened. Body cameras are not about pointing fingers — they’re about telling the truth. And in this case, the truth was on Bretzik’s side. It’s time we implement bodycams now — no more excuses.

“Let this moment be a turning point. Let’s replace secrecy with transparency, silence with accountability and fear with courage,” McCulloch concluded.

The school board is next scheduled to meet 6:30 p.m. July 14 in the Northampton Area High School auditorium, 1619 Laubach Ave.