New Jersey Libertarian Party

Similar documents
Civil Action. Consent Judgment Between Plaintiff and Defendants Borough of Longport and Borough of Longport Custodian

MATTHEW S. ROGERS ATTORNEY AT LAW 123 PROSPECT STREET RIDGEWOOD, NJ October 29, 2009

February 13, The relevant part of the Senator Byron M. Baer Open Public Meetings Act states

New Jersey Libertarian Party

CIVIL ACTION. Defendant Jeff Carter, by and through his counsel Law Offices of Walter M. Luers, by

TOWN OF WEST NEW YORK COUNTY OF HUDSON ORDINANCE NO. 04/10

New Jersey Libertarian Party

Case 2:17-cv JLL-JAD Document 1 Filed 08/16/17 Page 1 of 6 PageID: 1 : : : : : : : : : :

WORK SESSION OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE. October 12, 2010

Case: Document: Page: 1 Date Filed: 07/19/2012 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

JOSEPH AMANIERA :SUPERIOR COURT OF NEW JERSEY Plaintiff :LAW DIVISION, OCEAN COUNTY. :Docket No. I-- /1 THE PARTIES

FINAL DECISION. January 28, 2014 Government Records Council Meeting

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MONMOUTH COUNTY DOCKET NO. MON-L APPLICATION FOR ORDER TO SHOW CAUSE, CERTIFICATION IN SUPPORT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. Plaintiff, Defendants. INTRODUCTION

DOCKET NO.: HEARING DATE : SIR: at nine o clock in the forenoon or as

Plaintiff Frank Ponce, by and through his undersigned counsel Law Offices of

: SUPERIOR COURT OF NEW JERSEY

GREATER ATLANTIC LEGAL SERVICES, INC.

Case 1:11-cv NLH-KMW Document 19 Filed 06/01/12 Page 1 of 19 PageID: 196 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

GREATER ATLANTIC LEGAL SERVICES, INC.

If you have any questions or need additional information regarding the information that was redacted, if any, please contact:

SUPERIOR COURT OF NEW JERSEY CAMDEN COUNTY LAW DIVISION DOCKET NO.: CIVIL ACTION THEODORE WELLS, EDWIN E. WOOD, III, JAMES KEHOE,

Attorneys at Law "*".1 Monmouth Shores Corporate Park H N 1305 Campus Parkway, Suite 200 Wall Township, NJ

Counsel for Plaintiff

WORK SESSION OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE. September 14, 2010

Counsel for Plaintiff

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT. DIVISION [Number]

- against - NOTICE OF MOTION

Case 2:13-cv Document Filed in TXSD on 06/04/14 Page 1 of 18 EXHIBIT 5

2C:21-22a & 2C: et. al. LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library

Plaintiff. v. CRIMINAL ACTION

FINAL DECISION. February 26, 2013 Government Records Council Meeting

Proclamation Honoring Sabina London, One of New Jersey s Top Youth Volunteers

STATE OF NEW JERSEY BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION. Docket No. CO SYNOPSIS

NEEDLEMAN AND PISANO Montville Professional Building 161 Route 202, P.O. Box 187 Montville, New Jersey (973) Attorneys for Plaintiffs

(Name of Complainant) P.O. Box 5424, Somerset, NJ 08875, ,

Case 3:18-cv BRM-DEA Document 1 Filed 02/05/18 Page 1 of 16 PageID: 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

:Docket No. :Civil Action. illegal activity as a conscientious employee. Plaintiff, with more particularity, says: TILE PARTIES

Nonprofit Corporation, CJ Griffin, Esq. appearing, seeking relief by way of summary action

Case: 3:18-cv TMR Doc #: 1 Filed: 11/16/18 Page: 1 of 4 PAGEID #: 1

STATE OF NEW JERSEY Board of Public Utilities 44 South Clinton Avenue, gth Floor Post Office Box 350 Trenton, New Jersey

STATE OF NEW JERSEY COUNCIL ON LOCAL MANDATES RULES OF PROCEDURE

FINAL DECISION. July 28, 2015 Government Records Council Meeting

FINAL DECISION. May 24, 2011 Government Records Council Meeting

Case 0:18-cv FAM Document 1 Entered on FLSD Docket 03/19/2018 Page 1 of 5

FINAL DECISION. July 23, 2013 Government Records Council Meeting

Plaintiffs, Raymond J. Lesniak, Individually, as a taxpayer and resident of the State of New

SUPERIOR COURT OF NEW JERSEY

I ATTORNEY / LAW FIRM / PRO SE LITIGANT

Case 1:10-cv RMU Document 25 Filed 07/22/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

Effective September 1, 2018 TABLE OF RULES II. TRANSFER TO ARBITRATION AND ASSIGNMENT OF ARBITRATOR

BEFORE THE CHARLES CAREY

Plaintiff Wayne Kubs, by way of Verified Complaint in Lieu of Prerogative

RAYMOND R. & ANN W. TROMBADORE A PROFESSIONAL CORPORATION COUNSELLORS AT LAW 33 EAST HIGH STREET SOMERVILLE, NEW JERSEY O8876.

WORKSHOP MEETING OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF LITTLE FALLS WAS HELD THIS EVENING IN THE MUNICIPAL BUILDING. Monday, April 3, 2017

GREATER ATLANTIC LEGAL SERVICES, INC.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

APPENDIX F. NEW JERSEY JUDICIARY APPELLATE PRACTICE FORMS 1. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION CIVIL CASE INFORMATION STATEMENT

ORDINANCE NO OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

GREATER ATLANTIC LEGAL SERVICES, INC.

Unemployment Compensation Discovery Request Instructions

Judiciary Officers of the Special Civil Part, Law Division, Superior Court

SHARED SERVICES NJSA 40A:65-1 et seq. GPANJ Educational Symposium March 23, 2017

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

WRIT OF ADMINISTRATIVE MANDATE (MANDAMUS)

BOROUGH OF OLD TAPPAN ORDINANCE NO

Note: New caption for Rule 1:38 adopted July 16, 2009 to be effective September 1, 2009.

The Plaintiff, NATASHA C. MARCHICK, by way of her Verified Complaint, states as PRELIMINARY STATEMENT

Case 2:14-cv SPL Document 25 Filed 09/11/14 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

LAW DIVISION: MORRIS COUNTY DOCKET NO.: MRS-L CIVIL ACTION. Plaintiff, Richard Balestrino, residing in Vernon, Sussex

Case 1:12-cv BAH Document 8-1 Filed 07/24/12 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CITY COUNCIL WORK SESSION 5:30 P.M. REGULAR MEETING AGENDA September 6, :00 P.M. MINUTES: August 2, 2016 City Council meeting.

Civil Action: County of Burlington, and State of New Jersey, and Plaintiff Pro Se Frederick John LaVergne, residing at

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

GREATER ATLANTIC LEGAL SERVICES, INC.

DONALD G. KARPOWICH ATTORNEY-AT-LAW. P.C.

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION I ELECTRONICALLY FILED

IT IS FURTHER ORDERED that Defendant OCPO shall have ten days thereafter to submit a written response to plaintiff's certification; and

Casino Control Commission and the Department of Law and Public Safety Division of Gaming Enforcement

BEFORE THE SCHOOL PAUL J. BIRCH

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, ) ) (GK) v. )

Case 0:18-cv UU Document 1 Entered on FLSD Docket 03/12/2018 Page 1 of 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Case 1:17-cv Document 1 Filed 08/28/17 Page 1 of 88 PageID: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Freedom of Information Act/ Privacy Act Explained Compiled by Prisoners of the Drug War and The November Coalition

Plaintiffs, ADAM SZYFMAN (hereinafter A.S.), on behalf of himself and all others

STATE OF NEW JERSEY Board of Public Utilities Two Gateway Center Newark, NJ

Plaintiff, Willie Nevius, a resident of North Carolina, by way of complaint against the

GREATER ATLANTIC LEGAL SERVICES, INC.

State of New Jersey GOVERNMENT RECORDS COUNCIL 101 SOUTH BROAD STREET PO BOX 819 TRENTON, NJ

GRAY, L.L.C. 760 ROUTE 10 WEST, SUITE 203 WHIPPANY, NEW JERSEY PH: F: Attorneys for Plaintiff S.P., a fictitious name

Case: 4:16-cv ERW Doc. #: 105 Filed: 05/15/18 Page: 1 of 10 PageID #: 915

1. TRCP 194 created a new discovery tool entitled Requests for Disclosure.

Plaintiffs, Defendant. and Joseph Uras Monuments, Inc., complaining of Defendant above, states as follows: PARTIES

GREATER ATLANTIC LEGAL SERVICES, INC.

Overview of FOIA Litigation. ASAP National Training Conference. ASAP National Training Conference. Presented by Brent Evitt

Township of Middle 33 MECHANIC STREET CAPE MAY COURT HOUSE, NJ 08210

CIVIL ACTION OPINION. Before the court is Defendant/Third-Party Plaintiff, Greenwich Township s ( Greenwich

Transcription:

New Jersey Libertarian Party Open Government Advocacy Project John Paff, Chairman P.O. Box 5424 Somerset, NJ 08875-5424 Phone: 732-873-1251- Fax: 908-325-0129 Email: lpsmc@pobox.com August 28, 2007 Hon. William R. Steenstra, Mayor Borough of Bloomingdale 101 Hamburg Turnpike Bloomingdale, NJ 07403 (via PDF email only to jmccarthy@bloomingdalenj.net) Dear Mayor Steenstra and Members of the Borough Council: I write, both individually and in my capacity as Chairman of the New Jersey Libertarian Party s Open Government Advocacy Project, regarding the Borough Council s nonpublic (i.e. executive or closed) meeting procedure. Enclosed is a draft civil complaint against the Council. I request that you consider this letter and enclosed draft complaint as anticipated litigation... in which the [Council] may become a party and discuss it, in accordance with N.J.S.A. 10:4-12(b)(7), during a closed session at your next meeting. While I stand ready to file the complaint in the Superior Court if necessary, neither the Libertarian Party nor I wish to impose litigation costs upon Bloomingdale taxpayers. We would rather amicably resolve the concerns set forth in the enclosed complaint. So that I know that my position is being taken seriously, I ask that you or your attorney relate the Council s position on this matter to me by fax to 908-325-0129 within three business days after the next Council meeting, which I believe to be the September 18 th Workshop Meeting. If I don t hear from you, I will assume that you are not willing to attempt to amicably resolve this matter and will file the complaint without further notice. I appreciate your time and look forward to receiving your response. Sincerely, John Paff

John Paff P.O. Box 5424 Somerset, NJ 08875-5424 Tel. 732-873-1251 Fax: 908-325-0129 Email: paff@pobox.com : JOHN PAFF, : SUPERIOR COURT OF NEW JERSEY Plaintiff, : LAW DIVISION, CIVIL PART : PASSAIC COUNTY vs. : DOCKET NO. : BLOOMINGDALE BOROUGH : Civil Action COUNCIL : Defendant : : COMPLAINT : Plaintiff John Paff, by way of complaint against the Bloomingdale Borough Council ((hereafter Defendant Council) states: Common Allegations 1. Plaintiff John Paff is an individual who resides in Franklin Township, Somerset County, New Jersey. 8(a). Draft 2. Defendant Council is a public body as that term is defined by N.J.S.A. 10:4-3. By letter dated August 28, 2007, Plaintiff advised Defendant of his intention to file the present lawsuit. A copy of Plaintiff s letter, which accompanied a draft civil complaint, is attached as Exhibits. [Reserved for Council s response, if any.]

FIRST COUNT (Nonpublic meeting resolutions not compliant with N.J.S.A. 10:4-13 ) 4. On January 9, 2007, January 23, 2007 and June 26, 2007, the Defendant Council passed resolutions that purport to have authorized, in accordance with N.J.S.A. 10:4-13, nonpublic (i.e. closed or executive) meetings held on those dates. These three resolutions are attached as Exhibits 1 through 3. 5. Each of these three resolutions describe the general nature of the subject to be discussed (N.J.S.A. 10:4-13(a)) as negotiations, personnel, litigation or a combination of those terms. 6. None of these three resolutions state as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public. (N.J.S.A. 10:4-13(b)). Instead, the resolutions contain a statement that it is anticipated at this time that the minutes of the above-referenced subject matter will be made public when it is in order to do so. 7. On information and belief, the resolutions attached as Exhibits 1 through 3 are typical and representative of the manner in which Defendant Council presently purports to comply with N.J.S.A. 10:4-13. WHEREFORE, Plaintiff demands judgment: A. Declaring that the said three resolutions attached as Exhibits 1 through 3 do not satisfy the requirements of N.J.S.A. 10:4-13 because they do not describe the subjects to be discussed outside of public view with enough detail and specificity to satisfy N.J.S.A. 10:4-13(a). Draft Page 2

B. Declaring that the said three resolutions attached as Exhibits 1 through 3 do not satisfy the requirements of N.J.S.A. 10:4-13 because they do not state as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public as required by N.J.S.A. 10:4-13(b). C. Declaring and setting forth the minimum amount of detail and specificity that N.J.S.A. 10:4-13(a) requires Defendant Council to include within resolutions that authorize its future nonpublic meetings. D. Enjoining Defendant Council from excluding the public from any future meetings unless a resolution that meets the requirements set forth in C above is previously passed during a public meeting. E. Enjoining Defendant Council from excluding the public from any future meetings unless a resolution that states as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public is previously passed during a public meeting. F. Awarding Plaintiff his costs of suit. G. Such other relief as the Court deems equitable and just. SECOND COUNT (Improper Closed Session Topics) 8. Attached to this Complaint as Exhibit 4 are the minutes from the Defendant Council s January 9, 2007 meeting.draft closed Page 3

9. During that nonpublic meeting, Defendant Council privately discussed whether an Assistant DPW Superintendent position should be established to help with the operations at the DPW. 10. Nothing in N.J.S.A. 10:4-12(b) or elsewhere in the Senator Byron M. Baer Open Public Meetings Act permits Defendant Council to discuss this matter outside of public view. 11. Attached to this Complaint as Exhibit 5 6 are the minutes from the Defendant Council s January 23, 2007 closed meeting. 12. During that nonpublic meeting, Defendant Council privately heard DPW Superintendent Joseph Luke raise some issues regarding Water/Sewer department which he feels needs to be looked at. 13. During that nonpublic meeting, Defendant Council apparently held a discussion that resulted in the Borough Administrator agreeing to look into the contract with the Passaic Valley Water Commission. Draft 14. Nothing in N.J.S.A. 10:4-12(b) or elsewhere in the Senator Byron M. Baer Open Public Meetings Act permits Defendant Council to discuss these matter outside of public view. 15. Attached to this Complaint as Exhibit 7 are the minutes from the Defendant Council s March 6, 2007 closed meeting. 16. During that nonpublic meeting, Defendant Council privately discussed with its Borough Engineer the subject of downsizing the Main Street Streetscape Project. Page 4

17. Nothing in N.J.S.A. 10:4-12(b) or elsewhere in the Senator Byron M. Baer Open Public Meetings Act permits Defendant Council to discuss this matter outside of public view. 18. Attached to this Complaint as Exhibit 8 9 are the minutes from the Defendant Council s May 1, 2007 closed meeting. 19. During that nonpublic meeting, Defendant Council privately heard a report from its attorney regarding a court ruling requiring the borough [to] reimburse BJV approximately $46,800 for the Thompson fee appeal. Thereafter, Defendant Council privately discussed where this money will be allocated from. 20. Nothing in N.J.S.A. 10:4-12(b) or elsewhere in the Senator Byron M. Baer Open Public Meetings Act permits Defendant Council to hear this report or discuss this matter outside of public view. 21. Attached to this Complaint as Exhibit 10 11 are the minutes from the Draft Defendant Council s May 22, 2007 closed meeting. 22. During that nonpublic meeting, Defendant Council privately heard a report from the Borough Administrator that he was contacted by the Sheriff s Department in regard to looking into regionalization of dispatching services. A nonpublic discussion on this issue ensued. 23. Also at the May 22, 2007 meeting, Defendant Council held private discussions with members of the Library Board regarding shared library services. Page 5

24. Nothing in N.J.S.A. 10:4-12(b) or elsewhere in the Senator Byron M. Baer Open Public Meetings Act permits Defendant Council to hear this report or discuss these matters outside of public view. WHEREFORE, Plaintiff demands judgment: H. Declaring that it was a violation of the Senator Byron M. Baer Open Public Meetings Act for Defendant Council to have heard the reports and discussed the matters set forth in 9, 12, 13, 16, 19, 22 and 23 in nonpublic session. I. Enjoining Defendant Council from discussing matters during its future nonpublic meetings unless those matters are within the categories of topics set forth in N.J.S.A. 10:4-12(b), as narrowly construed. J. Awarding Plaintiff his costs of suit. K. Such other relief as the Court deems equitable and just. THIRD COUNT (Minutes Too Heavily Redacted) 25. Attached to this Complaint as Exhibits 12 13 are the minutes from the Defendant Council s June 26, 2007 closed meeting. 26. The minutes from the first four items Defendant Council privately discussed are completely suppressed. 27. On information and belief, at least some words, phrases or sentences within the redacted text could have been disclosed without undermining the N.J.S.A. 10:4-12(b) exceptions that purportedly authorized the closed sessions. WHEREFORE, Plaintiff demands judgment: Draft Page 6

L. Compelling Defendant Council to provide Plaintiff and the Court with a Vaughn index, in accordance with Vaughn v. Rosen, 484 F.2d 820 (D.C.Cir.1973), justifying and explaining the redactions applied to the June 26, 2007 nonpublic meeting minutes. M. Compelling Defendant Council to file unredacted versions of its June 26, 2007 nonpublic meeting minutes to the Court, under seal, for an in camera review. N. Compelling Defendant Council to provide Plaintiff with the versions of its June 26, 2007 nonpublic meeting minutes that disclose presently redacted information the information that the Court determines to be nonexempt. O. Awarding Plaintiff his costs of suit. P. Such other relief as the Court deems equitable and just. Certification Of No Other Actions Pursuant to R.4:5-1, it is hereby stated that the matter in controversy is not the subject Draft of any other action pending in any other court or of a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my belief, no other action or arbitration proceeding is contemplated. Further, other than the parties set forth in this pleading, I know of no other parties that should be joined in the above action. In addition, I recognize the continuing obligation of each party to file and serve on all parties and the Court an amended certification if there is a change in the facts stated in this original certification. Dated:, 2007 John Paff Plaintiff Page 7

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

Exhibit 12

Exhibit 13