This Tuesday, May 18th, 2010, at 7PM, Aberdeen Township will, once again, violate New Jersey’s Open Public Meetings Act, a.k.a. the Sunshine Laws. According to the agenda, “This meeting is being held in conformance with the Open Public Meetings Act.” But that can’t be. Why not? Because the township will be voting on the school budget and it’s not on the agenda. How do I know the township will be voting on the school budget? Let see.
- First, the township has a state deadline (page 8) of May 19th “to determine and certify to the county board of taxation the amount of money necessary for school purposes to be raised by taxation for the ensuing school year.”
- Second, it’s on Matawan’s agenda for that same night
Last December, the township authorized, in secret and without a vote, a Memorandum of Understanding (MOU) with developers to rezone two properties to allow for the construction of nearly 200 units. The authorization occurred a month after now-Governor Christie was elected following a pledge to demolish COAH and a month before a new mayor and three new councilmen would take their seats. By all accounts, the MOU triggered a series of events leading to the ordinance rezoning the properties, despite the likelihood of COAH being terminated.
On April 6th, Councilman Cannon motioned, Deputy Mayor Vinci seconded, and the council unanimously passed a first reading of the ordinance rezoning the properties to create an Inclusionary Housing Overlay Zone. Remarkably, only one month later, township attorney McCarthy, who was present at the meeting, couldn’t remember when the first reading took place. More remarkable still, despite being unable to recall the first reading, McCarthy was able to explain why it wasn’t on the agenda, claiming the council didn’t know it was going to be on the agenda until that day. (The ordinance had been in development since the March 10th COAH meeting.)
This time, the school budget isn’t on the agenda. The Sunshine Laws require “to the extent known” the agenda of the meeting be posted. Furthermore, all items must be public unless the law specifically provides for an exemption.
To understand how unusual this is, consider this – After covering the school district for over 30 months, there has never been an instance when the school board was aware of an agenda item that wasn’t on the public agenda. Nor has the board ever approved a motion by any board member that was pre-planned but not on the agenda.
Sadly, the town council’s record isn’t shocking. The township continues to retain an attorney who threatened police action against residents asserting their right to speak at a public meeting. McCarthy blatantly lied to the council. Yet, he remains the township attorney.
Enough is enough. Action will be taken. >>> Read more!