A pair of residents approached the township committee during public comment on Aug. 26 questioning the sincerity of the language within an ordinance to review and release executive session minutes in a timely manner.
Residents Fran and Stewart Brooks criticized the phrasing used by township Solicitor Peter Lange after he stated the ordinance was created as a way to be “proactive” to prevent the township from being open to more lawsuits and make the records public.
“But there’s nothing ‘proactive’ about the closed session ordinance whatsoever because I had to take you to court to get you to conform with the [Open Public Meetings Act] that you have been violating for years regarding closed session minutes,” said Fran during the ordinance’s public hearing.
A copy of the ordinance is available within the Aug. 26 agenda on www.TownshipOfTabernacle-NJ.gov.
At the June 24 meeting, the committee announced it reached a settlement with the Law Offices of Walter M. Luers, LLC, which represented Fran Brooks in a lawsuit stating the township allegedly withheld public records after Brooks filed an OPRA request regarding her neighbor’s building.
The Open Public Records Act expands the public’s right of access to government records and other items created by a public agency, according to the state’s Government Records Council. A request is approved when the documents that are sought for are deemed to be of public interest, and must be released within the timeframe the law provides.
Brooks’ lawsuit alleges most of the documents were given to her, however, some weren’t, including a “block and lot” document that she asked for twice.
The settlement of the lawsuit, issued by Superior Court of New Jersey Justice Ronald Bookbinder, instructed the township to pay Brooks’ counsel fees and costs of $13,500, according to a consent order.
According to the consent order, which is on the township’s website within the June 24 agenda and minutes, the township agreed to adopt an ordinance on Aug. 26 to be in compliance with the Open Public Meetings Act (notices posted at town hall and in the newspapers of record at least 24 hours before the start); closed session minutes should be available to the public upon requested; the township has a right to redact portions of the minutes that aren’t of public interest under the OPMA and OPRA; and the municipal clerk, or the designee, should review minutes on a quarterly basis to determine what supplemental portions need to be released.
The order is retroactive to Jan. 1 of 2017.
Fran stated her attorney gave Lange and the township a chance to be proactive during the July 27 meeting to correct the ordinance so the language, in their argument, is consistent.
Specifically, the portion of the ordinance she says is inconsistent are paragraphs two and 11 regarding when the minutes review subcommittee meets. Paragraph two states the “Minutes Review Subcommittee shall meet on an as-needed basis…” and paragraph 11 states “on a quarterly basis, the MRS shall review closed session minutes….”
Husband Stewart reflect Fran’s sentiment stating the ordinance should reflect the opinion of the justice, stating the MRS meets quarterly.
“Logically, they’re consistent because review and meet are the same things,” Lange said. “I’m comfortable with the language as it’s consistent with the consent order and it preventing any conflict in its interpretation.”
Lange later referenced the July 22 meeting where Brooks’ lawyer said a conflict exists and revisions were suggested to Lange prior to adopting the ordinance.
Fran stated the ordinance was a resolution, but was changed following her lawyer’s recommendation, however, Lange responded in saying the clerk, LaShawn Barber, converted it prior to the recommendation.
The Aug. 27, 2018, agenda had the ordinance advertised as Resolution 2018-90 “adopting a procedure for making public the minutes of closed sessions.” A copy of the former resolution is available in the agenda for that date.
No minutes are available online for the July 22 as of publication, however, they were approved at the Aug. 26 meeting.
The ordinance is still under review by the committee.
In other news:
- Flyatt Road will soon close for approximately 30 days once bids are accepted for repairs.
- The township is working toward repairing recent sinkholes and addressing some drainage issues, notably on Oriole Way.
- Renovations are underway at Town Hall as the wheelchair-accessible ramp is being updated to bring it up to code and in compliance with ADA standards. A side entrance is available for visitors to use until work is completed, which is estimated to be around the end of September.
- A flu shot clinic will occur in early November within the township, with an invitation being extended to Medford, Shamong, Southampton, Washington and Woodland townships. A concrete date was not given as OEM Coordinator Robert Sunbury couldn’t recall exact details of it at the moment. Sunbury said the clinic will be “treated as a pandemic” to prepare the department in the event of the virus spreading.
- Lee said he has been in talks with Verizon to get FiOS service in the township, but he needs to meet with the state to finalize plans as service lines have been put up in phases.
- After a heated discussion between resident Fran Brooks and the committee, two resolutions were passed 2-1 (Lee voted “no” due to a campaign promise) to do phase II of Oakshade Road, and phase I to do parts of Prickets Mill Road.
- Barton suggested residents who have an issue with Shamong Township’s side of the road, to bring those issues to its committee so it’s aware of it.
- The township held closed-door discussions of Barber’s dual positions of acting Land Development Board secretary and municipal clerk, and the lawsuit brought by Fran Brooks, however, details of the session were not made public.
The next committee meeting is scheduled for Sept. 9, beginning at 7:30 p.m. at Town Hall (163 Carranza Road). This meeting will be a workshop meeting.
