New Jersey Libertarian Party Open Government Advocacy Project

	New Jersey Libertarian Party Open Government Advocacy Project

A popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance. And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.

Letter to W.T. Barry, Aug. 4, 1822, in 9 Writings of James Madison 103 (G. Hunt ed. 1910)

Recent issues:

Students settle 2005 Barrington sexual harassment case for $200K

During the summer of 2008, nine former middle school students accepted a total of $200,000 to settle their federal lawsuit against the Barrington School District. The students, all girls who were 12 to 15 during the 2003-04 school year, had sued the District and Principal Patricia Moore for failing to remedy a "sexually hostile environment" at the Woodland School.

Some Local Finance Board decisions on the Internet

I have collected some decisions that apply and interpret the Local Government Ethics Law and have placed them on-line here.

As time permits, I will add more decisions to the site.

Most of these decisions, while technically "public," reside in the Local Finance Board's offices in hard-copy form and are not readily available. I believe that these decisions have value, because they can help people understand how the Local Finance Board rules on an issues. For example, if a person questioned the propriety of a municipality attorney supporting and contributing the campaigns of the public officials who appoint the attorney, he or she may benefit by reading the February 18, 2009 decision regarding Hamilton Township in Atlantic County. (See 08002.pdf )

Article written about court's refusal to decide whether councilwoman should forfeit office

In a February 13, 2009 letter, the New Jersey Libertarian Party requested the head of the municipal courts in three South Jersey counties to direct the Westville Municipal Court make a ruling--one way or the other--on whether or not Penns Grove Councilwoman Baytops should be removed from office due to her "electioneering" conviction in 2007. An on-line newspaper called New Jersey Newsroom (www.newjerseynewsroom.com) published a news article on this issue. The article quotes First Assistant Salem County Prosecutor William Brennan as saying that the NJLP is "certainly right in [my analysis" that the Westville Municipal Court should rule on the forfeiture question.

$2,000 settles teacher's civil case against Barrington School District

This is a follow-up to my earlier posting regarding the $200,000 civil settlement reached in 2008 between nine former Barrington middle school students and the Barrington school district arising out the girls' claims regarding a "sexually hostile environment" at the Woodland School. See http://ogtf.lpcnj.org/2009101qs/ Today, I learned that Richard Morgenroth, the teacher who the girls claimed engaged in sexual harrassing conduct, settled his own suit against the Barrington school district in February 2008. In his complaint, Morgenroth claimed that the girls conspired with former superintendent Nelson Maloney and teacher Mary Spaeth to communicate false allegations against Morgenroth. According to Morgenroth's suit, these "false, grossly negligent and exaggerated allegations" were reported to the police, causing him to endure a three-day trial which ended in his favor. In his suit, Morgenroth also accused some of the girls and their parents of referring to him as a "Jew Bastard" and that anti-Semetic discrimination played a role in the way in which he was treated.

No criminal charges against Woodbury Heights police officer

On March 12, 2009, Lucas K. Murray of the Gloucester County Times wrote "Pair of officers brawl at bar" regarding a bar-fight between Woodbury Heights Officer Joshua Moline and Logan Officer Stanley Kemp. (text of article below) On April 22, 2009, I followed up with the Gloucester County Prosecutor on whether or not criminal charges were filed. The response indicated that no criminal charges will be filed, but that Kemp was advised that he could pursue a disorderly persons complaint in municipal court if he wanted to. John Paff ----- Thursday, March 12, 2009 By Lucas K. Murray lmurray@sjnewsco.com WOODBURY The Gloucester County Prosecutor's Office confirmed Wednesday an investigation into an incident at a local bar in which a police officer struck another police officer is ongoing. Sources told the Times Woodbury Heights Ptl. Joshua Moline was involved in a fight with Logan Township Ptl. Stanley Kemp Jr. just before 1 a.m. Feb. 19 at the Hollywood Cafe and Sports Bar on Mantua Pike. Kemp was struck with a beer bottle during the brawl and had to be taken to the hospital, sources said. What precipitated the incident is not clear. Charges have not been filed against Moline. He is currently suspended with pay pending the conclusion of the prosecutor's investigation. Logan Police Chief James Schmidt referred all questions concerning the matter to the prosecutor, but did note that Ptl. Kemp had not missed any work time. Moline, 28, served in the U.S. Marine Corps after graduating from Gateway Regional High School in 2000. During his time overseas, Moline served in Iraq and Liberia. Kemp has served as a police officer in Logan since 2004.

NJLP looks at Wanaque's Ethical Standards Board

The Open Government Advocacy Project has recently reviewed Wanaque Borough's Ethical Standards Board and found that a) despite an ordinance requiring annual meetings, it hasn't met since 1995 and b) some of its members have failed to file Financial Disclosure Statements. The Advocacy Project filed a complaint against several Wanaque officials who have failed to file their Financial Statements. A local news story on the NJLP's efforts published in the Suburban Trends on May 6, 2009. (2009)

Longport Borough Settles "Sunshine Law" suit

At its May 6, 2009 meeting, the Board of Commissioners for the Borough of Longport (Atlantic County) agreed to settle an Open Public Records Act and Open Public Meetings Act suit brought by John Paff, who chairs the New Jersey Libertarian Party's Open Government Advocacy Project. In his lawsuit, filed against seventeen Atlantic County municipalities last September, Paff complained that Longport failed to provide him with closed session minutes until several months after the closed session occurred, and that the Board of Commissioners privately discussed topics that were outside of the scope of topics that the Commissioners told the public would be privately discussed. In the settlement agreement, Longport's Board of Commissioners agreed to definite deadlines for production of its closed meeting minutes and agreed to more carefully identify the topics that they discuss privately.

Committee to privately discuss and resolve defeated school board budget

I have recently written a letter to the municipal council and school board of South Bound Brook Borough (Somerset County) after being informed that the council and school board there each selected three of its members to serve on a joint committee to evaluate, without public observation, which items should be cut from a recently defeated school budget. Anyone encountering a similar issue may find my letter useful. John Paff Somerset, New Jersey

Private eyes settle with AC cops for $30K

On December 31, 2008, Private Detectives Drewery Hayes and Shirleena Barnes, both of Mays Landing, each entered into $15,000 settlement agreements with the City of Atlantic City and Atlantic City Police Officers Scott Fenton, Rodney Ruark and John Slota. The settlement brings to conclusion the pair's federal civil rights suit brought on June 13, 2008 (Hayes et al v. City of Atlantic City et al, Federal Civil No. 08-2952(RMB))

Minutes of Hasbrouck Heights Ethical Standards Board

As a public service, I've scanned the minutes of the most recent three meetings of the Hasbrouck Heights (Bergen County) Ethical Standards Board into a searchable PDF file and uploaded it to the Internet.

GRC: Do you REALLY need these records? If so, be prepared to wait.

Attorney Walter Luers published a June 15, 2009 letter he received from the Government Records Council (GRC) which illustrates the trouble the GRC is having handling cases promptly. The letter, authored by GRC Case Manager John E. Stewart, and from which Luers removed information that identified the complainant, is uploaded with this entry. After noting that the case's most recent manager is "no longer employed by the GRC," Stewart bluntly asks Luers if his client will withdraw the complaint. As Stewart puts it, "the passing of time [might] obviate the need for the requested records." Translation: "We're wondering if the GRC's failure to promptly handle your case has caused you to lose interest in the outcome." Then, Stewart makes it clear that if Luers' client isn't willing to withdraw, he or she might be in for a long wait. Stewart writes: "As of today, I have about fifty six (56) cases pending adjudication and approximately five (5) cases are cleared each month, so it may take some time before I reach your case." So, it looks like it will take about another year for the case to be adjudicated. OPRA promises that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State." But, if you need to enforce your rights to this "ready" access, you may be better off taking your case to Superior Court and not to the Government Records Council. John Paff Somerset, New Jersey

New Jersey cases regarding "prompt" public access to meeting minutes

The Sen. Byron M. Baer Open Public Meetings Act (N.J.S.A. 10:4-14) requires public bodies to make their meeting minutes "promptly available." But, what does this mean? Here are the cases that I know about that shed some light on this question. PUBLISHED DECISIONS: Liebskind v. Mayor and Municipal Council of Bayonne, 265 N.J. Super. 389, 394-395 (App. Div. 1993). The Appellate Division did not take issue with the trial court's order that required the Bayonne City Council to make "copies of final meeting minutes . . . available for inspection within two weeks after each meeting and at least three business days before the next meeting." Matawan Regional Teachers Association v. Matawan-Aberdeen Regional Board of Education, 212 N.J.Super. 328 (Law Div. 1986). The court interpreted the statutory requirement of making the minutes available “promptly” in light of the Meetings Act’s policy “favoring public involvement in almost every aspect of government.” Id. at 330. The court held that making minutes promptly available implements the Act’s overall purpose by, among other things, “[p]roviding all persons with the opportunity to take action prior to the next meeting of the public body.” Id. at 331. UNPUBLISHED DECISIONS: 1. O'Shea v. West Milford Township Council, et al, (Passaic County, Docket No. L-2229-04, Passero, A.J.S.C.) Public minutes to be publicly disclosed 48 hours prior to the next meeting. 2. O'Shea and Paff v. Kearny Board of Education, (Hudson County, Docket No. L-856-07. O'Shaughnessy, J.S.C.) Public minutes to be disclosed three business days prior to the next meeting. 3. Kanter v. Mountain Lakes Borough Council (Morris County, Docket No. L-2388-07, Bozonelis, A.J.S.C.) Drafts of public minutes need to be disclosed two business prior to the next meeting. 4. Paff v. Dover Township a/k/a Toms River Township (Ocean County, Docket L-2165.07, Grasso, A.J.S.C. Nonpublic (closed or executive) minutes need to be available for the next council meeting (transcript page 10) but then changed his mind to make it 30 days (page 14). 5. Paff v. Keyport (Monmouth County, Docket No. L-3317-07, Lawson, A.J.S.C.) Nonpublic and public minutes need to be made public either 30 days after a meeting or prior to the next scheduled meeting, whichever comes first (decision page 23). John Paff Somerset, New Jersey Last updated: 06/22/09

Motion Paperwork in Paff v. Port Republic

Cross Motions have been filed by me and the City of Port Republic (Atlantic County). The issue: Within what period of time does the City Council need to publicly release the nonexempt parts of its executive session minutes? John Paff

Favorable settlement in OPMA/OPRA case against Howell Township

In August 2008, I filed a five count pro se lawsuit against Howell Township in Monmouth County. Today, June 27, 2009, I received in the mail a signed Consent Judgment that resolved the first three counts of the complaint. The other two counts are still pending.

OPRA charges limited to "actual cost"

In an unpublished trial court decision released on May 21, 2009, Mercer County Assignment Judge Linda Feinberg rejected the Mercer County Clerk's argument that the "actual cost" of making a copy is relevant only when the governmental entity elects to charge more than the fixed OPRA rates. Rather, Feinberg held that language in OPRA Section 5(b) is clear and unambiguous and susceptible to only one interpretation"--which is: "[T]he clear intent of the Legislature [was] to limit copying charges to the actual cost of duplication under OPRA. Indeed, the fees prescribed by [OPRA's 75c/50c/25c] fee schedule do not permit an entity to charge the maximum fees without calculating the actual cost. An entity remains responsible for calculating the actual cost at all times. The sole function of the fee schedule is to provide the maximum permissible amounts with respect to actual cost, unless an agency can demonstrate that the actual cost exceeds such rates." Feinberg's decision is contrary to that of two other Superior Court Judges: a) Stephen B. Rubin, J.S.C. in Gench v. Hunterdon County Clerk's Office, No. HNT-L-307-07 (N.J. Super. Ct. Law Div. 2008), and b) Edward v. Gannon, J.S.C. in O'Shea v. Sussex County Clerk's Office, No. L-655-06 (N.J. Super. Ct. Law Div. 2008)

Atlantic County Insurer Group issues "OPRA Bulletin."

On June 26, 2009, the Atlantic County Municipal Joint Insurance Fund Association (ACMJIFA) sent an "OPRA Bulletin" to approximately forty municipal clerks, advising them that regarding Mercer County Assignment Judge Feinberg's May 21, 2009 unpublished opinion in Getts v. Mercer County Clerk's Office (Docket No. MER-L-696-07). (The Getts opinion is at http://ogtf.lpcnj.org/2009179Uo//Getts.pdf the clerks who received the Bulletin are at http://www.acmjif.org/members/acm-members.html) As previously reported here, Feinberg held that OPRA requires custodians to charge the ACTUAL COST for photocopying records and that the 75c/50c/25c copying fee schedule merely establishes a MAXIMUM COST for records. In other words, according to Feinberg, if it costs the town a nickle to make a copy, they have to charge requestors a nickle for a copy and it is irrelevant that the OPRA statute sets a maximum charge of seventy-five cents. My original posting on the Getts decision is at http://njopengovt.blogspot.com/2009/05/actual-cost-v-opras-75-cent50-cent25-c.html In its Bulletin, the ACMJIFA said that while Feinberg's opinion is nonbinding, it is highly likely that this determination will become law." The Bulletin goes on to say that "What that means is that public entities are still permitted to charge the maximum rate permitted by the Statute; however, if and when the law changes, there may be applications for refunds if you in fact charged more than the actual costs." The Bulletin also advises that when responsive documents are sent to a requestor via e-mail attachments, the ACMJIFA "recommend[s] that there should be no charge.

Hillside "Sunshine Ordinance" Compliance Date Extended

On September 8, 2008, the Township of Hillside (Union County) enacted a local "Sunshine" ordinance requiring it to become much more open and transparent. The ordinance was "voluntarily" passed by the Township Council after the filing of a citizen initiative petition, spearheaded by Councilwoman Shelley Ann Bates, that sought to force the ordinance to the ballot. (Hillside has a "Faulkner" form of government, so citizens can, by petition, bypass their elected officials and put ordinances directly on the ballot.) After realizing that the ordinance's effective date had passed and that the Township had done virtually nothing to implement it, I wrote to the Mayor and Council on June 22, 2009 threatening to file suit unless immediate steps were taken to implement the ordinance. On July 1, 2009, the Township Attorney informed me that on June 23, 2009, the day after my lawsuit threat was received, the Township Council introduced an amendment that will extend the Township's compliance date to September 8, 2009. The stated justification for the extension is that implementing the ordinance "will require the expenditure of substantial sums of money" and that the "continuing global financial and economic crises" require further evaluation of the "manner and timing in which which the various components of the Ordinance are to financed and implemented so as to to ensure that the Township is not overburdened with unreasonable, irresponsible or unanticipated costs . . ." The Township Attorney also informed me that Councilwoman Bates will take over as chair of the previously inactive committee that is tasked with overseeing the ordinance's implementation. The ordinance to extend the Township's compliance deadline is set for final reading and passage on July 7, 2009 at 7 PM.

GRC closed session minutes challenged

In a July 3, 2009 letter, I question the sufficiency of the Government Records Council's closed session minutes.

Asbury Park Questioned on Executive Meeting Procedure

In a July 3, 2009 letter, the New Jersey Libertarian Party's (NJLP) Open Government Advocacy Project expressed concern over whether or not the Asbury Park City Council is properly abiding by the Senator Byron M. Baer Open Public Meetings Act (also known as the "Sunshine Act."). In its letter, the NJLP stated that a) the City Council cannot refuse to release its executive meeting minutes in redacted form until after the minutes are "approved" by the Council; b) that the Council's private conversation about bicycle traffic appears to have violated the Sunshine Law; and c) that the Council cannot, while in executive session, discuss matters other than those listed in the session's authorizing resolution.

Order entered in Paff v. City of Port Republic

On June 26, 2009, Atlantic County Superior Court Judge Steven P. Perskie, in Paff v. Absecon et al, ordered the City of Port Republic to make its public and nonpublic (i.e. closed or executive) minutes available to the public within 30 days after a meeting or prior to the next scheduled meeting, whichever comes first.

Older issues:

2008: 2008 issues will be added as they are relocated.
2007: 2007 issues will be added as they are relocated.
2006: 2006 issues will be added as they are relocated.
2005: 2005 issues will be added as they are relocated.
2004: 2004 issues will be added as they are relocated.

Return to Top of Page

For comments and suggestions, click here
New Jersey Libertarian Party Open Government Advocacy Project. April 13, 2009.
URL: http://lpsmc.org/OGTF/
Copyright © 2004-2009 Libertarian Party of Central New Jersey
Site provisioning by The Web Warren.