County Prosecutor Investigation Finds Township Didn't Violate OPMA

The Atlantic County Prosecutor’s Office cleared Galloway Township of any wrongdoing as it relates to the Open Public Meetings Act (OPMA) and the Open Public Records Act (OPRA), the township announced on Monday, May 21.

Both issues were raised by local blogger Harry Scheeler. Scheeler stated the township violated OPMA by not issuing a Rice notice to , when she was appointed Acting Deputy Clerk on March 13. She was then appointed Township Clerk April 25.

 Scheeler also requested the Prosecutor’s Office investigate the township for not responding to his OPRA request for minutes from the March 13 meeting.

The township has had three full-time clerks in less than a year, and for the first four months of 2012, hadn’t released minutes for public or executive sessions. At the meeting on April 24, council approved the minutes of every public and closed session meeting from Dec. 13, 2011-March 13, 2012, and at its most recent meeting, approved the rest of the minutes, prompting Kay to announce the township was “all up to date.”

In a letter dated May 10 and received by the township May 16, Assistant Prosecutor Diane Ruberton holds that case law states a terminated employee is entitled to receive notice when a public body intends to discuss their employment status.

“Therefore, no Rice notice was required to be issued to Ms. Kay as she was not subject to any adverse employment consequence,” Ruberton wrote, further stating Kay wasn’t an employee of the township at the time. “Further, Rice created a right individual to the affected employee. Private citizens or anyone other than that individual do not have any authority to challenge the employee’s rights afforded by Rice.”

Scheeler claims the township didn’t give proper notice that it was going into closed session to discuss the appointment, a fact disputed by the Prosecutor’s Office.

“Galloway Township did comply with those requirements as evidenced by the documents you attached in your correspondence,” Ruberton wrote.

Ruberton then addressed the issue of the township not releasing minutes in violation of a statute put in place as the result of a lawsuit by John Paff that encompassed all municipalities.

“If you were a party to a lawsuit in which an order was entered and you believe a party is now in violation of that order, you should pursue an action to enforce that order before the court that issued it,” Ruberton wrote. “The Atlantic County Prosecutor’s Office does not enforce violations of civil consent orders.”

She added that because the minutes of March 13 have been released, she feels no violation took place.

“Nevertheless, should you feel that a violation of the Open Public Meetings Act did, in fact, occur,  you may institute a proceeding in lieu of prerogative writ in Superior Court to challenge the action of the township.”

Scheeler wasn’t happy with the decision, saying he felt the Prosecutor’s Office didn’t take his request seriously, and that the 45-day statute of limitations to pursue the matter in court has expired.

“I invested my faith in the Prosecutor’s Office,” Scheeler said. “ … Next time, I’m not going to bother with the Prosecutor’s Office. Next time, I’ll have to sue.”