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Prosecutor: Wildwood Violated Sunshine Law
Tags: prosecutor
Prosecutor Robert Taylor
WILDWOOD — County Prosecutor Robert Taylor said this city’s officials recently violated the Open Public Meetings Act or “Sunshine Law” while interviewing candidates for municipal administrator. It remains unclear what effect it will have on Dale Goodneau, who was selected during that potentially flawed process.
New Jersey’s Sunshine Law is meant to ensure that decision-making government bodies conduct their businesses in the public, except in special circumstances.
According to a June 17 letter from Taylor to Mayor Gary DeMarzo and Commissioners Al Brannen and Ed Harshaw, the city announced to official newspapers that special meetings would be held on April 27 and 28 for candidate interviews. At the meetings, however, city attorneys counseled commissioners that the Sunshine Law did not apply because interviews were a personnel matter (a special circumstance) not subject to the provisions of the Act.
“In my opinion, those rulings were not correct,” Taylor wrote. “It is clear that all three commissioners met to discuss the public business of the City of Wildwood, namely, interviews for the hiring of a municipal administrator…Hiring a municipal administrator is clearly public business.”
It was City Clerk Christopher Wood who contacted the Prosecutor’s Office to inform them of the violations.
“In my opinion, the City Clerk's complaint has merit and there appears to have been violations of the of the Open Public Meetings Act,” Taylor wrote, noting that public business, as defined in the Act, “means and includes all matters which relate in any way, directly or indirectly, to the performance of the public body's functions or the conduct of its business.”
The Sunshine Law also requires public bodies to keep comprehensible minutes on the essentials of all meetings, Taylor wrote. No one who participated recalled if minutes were taken and Wood reported no minutes being filed with his office.
Taylor said penalties could be levied against those who commit knowing violations of the Sunshine Law. He said he would not seek penalties “under these circumstances especially since Commissioner Harshaw and Commissioner Brannen are newly elected Commissioners and may not be aware of the Open Public Meeting Acts various provisions. But I would expect Mayor DeMarzo and the City Solicitors to be aware.”
“Any future violations may be dealt with in a different manner,” Taylor wrote.
“You should be aware that any action taken at a meeting which does not conform to the Act is voidable,” Taylor wrote.
In other words, the decisions made during those meetings could be undone, which leaves the status of the city’s newly hired administrator uncertain.
Goodreau, an Ocean View resident and former deputy administrator for Egg Harbor Township, was one of more than 50 applicants for the position. Acting administrator Richard Deaney and management recruitment firm Jersey Professional Management helped commissioners conduct an extensive search for the position, whittling the candidate pool down to 11 and then to three before Goodreau was finally chosen. Goodreau’s selection was announced at the city’s Jun 9 meeting.
“The Board conducted itself well within its legal right, especially after taking the advice of two city attorneys,” DeMarzo told the Press of Atlantic City, noting that he was disheartened by Taylor’s comment “that somehow an elected official is to disregard the legal opinions of its professionals.”
Wood, who provided a copy of the Prosecutor's letter to the Herald, declined official comment for this story, but told the Press that the city “faces the very real possibility of a complete ‘re-do’ of that interview process — because the successful candidate was initially interviewed at one of those illegal meetings. What a colossal waste of time, and what a shame for the residents and taxpayers of the City of Wildwood.”
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Wed, 06/23/2010 - 6:14pm - Posted by: Front Runner
We all hear each other, we all hear all the stories regarding Cape May County Prosecutor Taylor. We all need to get this information to the Gov. and Senators, all this info. needs to be put out in the open. I hear the Prosecutor reads these articles every day in the office. Recently there was a "spout-off" topic in the opinion section of the Herald although after reaching almost 8000 views, the Herald took it off? Well there is another one now, check it out and post! Another paper reported Sen. VanDrew will allow the Gov. to appoint the current U.S. Marshall to another position in return Prosecutor Taylor may get reappointed.
Wed, 06/23/2010 - 5:36pm - Posted by: eyespy
Prosecutor Taylor let Romeo walk. Why? He knows the dirt. Also, Taylor let the two WPD Officers lie in Romeos trial. That is not a debateable point. Both swore to something and then admitted it didn't happen when confronted with EVIDENCE. Where was Taylor's crackerjack team during this debacle? It was printed in the newspaper. I guess the 37 Detectives couldn't find it.
Wed, 06/23/2010 - 4:57pm - Posted by: marmoracat
I agree with you Scorpion. Let the Police Departments do the investigations, and let the prosecutors office handle prosecuting crimes. How many crimes could they be investigating to need 37 investigators? Thats more investigators than the entire payroll of some local police departments.
Van Drew is a waste as a legislator. Now he can't even make up his ****** mind. Taylor has got to go, and so does Van Drew and his stupid sports jacket. Ever hear of professionalism? Wear a suit, this isn't Miami!
Wed, 06/23/2010 - 7:28am - Posted by: Scorpion
Why does the prosecutor's office call for assistance from a select pool of local police officers from various departments during investigations? You would think the 37 investigators they employ would be able to handle their own work load. As an example, who pays the ungodly over time hourly rate for these other officers when they are "called out" by the prosecutor's office to investigate a fatal or near fatal accident in the county? Aren't the PO investigators fully trained to reconstruct an accident in conjunction with the officers already on scene? If not, WHY? Is this another quickie pulled on the taxpayers? As for my "insinuations," is it really that far fetched to think that a politically motivated county prosecutor might choose to overlook an unethically criminal act conducted behind closed doors by well connected Republican officials of which one happens to be the father of an employee? I THINK NOT! But that is MY opinion.
Wed, 06/23/2010 - 6:31am - Posted by: Front Runner
We are all residents of Cape May County and clearly we see Prosecutor Taylor is "Politically Motivated", this Prosecutor goes after all the wrong people. And when the Prosecutor goes after criminal cases, the cases the office should focus on they have a hard time and the conviction rate is extremly poor. "Eyespy" you are correct, Prosecutor Taylor looks to see what he can get his (37) detectives into that can bring him attention, so he can look good in the eyes on Sen. VanDrew. Ask any of the (37) detectives or all the AP's how they feel the Prosecutor's Office is being run, WE NEED A CHANGE!!!!!!!!!!! Maybe this will give the Prosecutor a reason to hire another family member, another daughter of a former Chief of Detective. Or a certain Lt. who was brought back after being retired for over ayear so he can get additional time on the books so he can collect lifetime benefits. Prosecutor Taylor is this "legal", sure doesn't sound ethical!
Wed, 06/23/2010 - 5:43am - Posted by: eyespy
Prosecutor Taylor is clueless. Everything is policitcally motivated. How about Dr. Costino? That said, the office is still full of hacks with a few bright spots. I have personally dealt with Det. Henfey. He is a fine Det. and completely trustworthy. I would not bring it up if it wasn't true. The overall management is the problem(ie Taylor). Maybe things will turn around after a new Prosecutor is appointed. Otherwise, it will never happen. Van Drew is the problem. Chief of Detectives E. Taylor(no relation) is another fine Det. He is extremely competent and should be able to clean house with a new Prosecutor. The last COD was a political hack and a rubber stamp for Pros. Taylor. As long as robert Taylor remains there will be incompetence. There are still $millions in civil matters due to Taylor's gall.
Tue, 06/22/2010 - 9:05pm - Posted by: Vote_Brannen_Harshaw
I like what was posted in the Press Of Atlantic City site:
"I SAID IT ONCE BEFORE AND I WILL SAY IT AGAIN.....Clerk Christopher Wood is a creep. A complete tool in both senses he thinks he is still working for Dorknport and Troanus. This is the same Christopher Wood that was called a liar by Judge Batten. The Judge said “For him to misread the most important information in that election, and then throw the Board of Elections under the bus …. For him to be wrong in that information, never get accurate information himself until after the filing deadline passes, I just find that unbelievable.” He claims that he is a man of the cloth, some sort of an internet minister, pastor, priest, or reverend. He is a nothing more than another holly roller who can make it without breaking everyone of the seven deadly sins he claims he preaches. He is a complete LOSER.... ONE MORE OBSERVATION, ROBERT TAYLOR LOOKS LIKE CAPTAIN KANGAROO, JUST AN ANOTHER POLITICAL LOSER. "
He really does look like Captain Kangaroo..... He just add a few more people that will be speak against him at his reappointment. There was no need for Turd Taylor to single out the Mayor. Captain Kangaroo is a joke and McCullough will be laughing all the to the bank. Turd Taylor should be made to pay personally for these political witch hunts. They always ended up being just another personal embarrassment for this political hack.
Time for Jeff to kick him to the curb, VAN DREW HE IS DRAGGING YOU DOWN... CUT HIM LOOSE......
Tue, 06/22/2010 - 6:28pm - Posted by: EddieM
This is but another nonstarter from the CMC Prosecutor’s Office. Add it to the list of the politically motivated witch hunt of WW voter Kathleen McCullough(another instance in which no charges were pursued that reeks of politically driven prosecutorial bullying) and the office’s failure to charge the hundreds of parties, many of whom were known Troiano/Davenport cronies and relatives, found to be voting illegally in WW). WW’s new commission acted under the advice of its municipal counsel in conducting these meetings. It should be noted that this issue regards the hiring of a professional administrator, a position that has come to be de rigueur for effective city governments, and one that demands fiscal and administrative competence rather than a fire inspection or masonry background. It is highly suspicious that Prosecutor Taylor is not pursuing charges here. If he has something substantive to bring charges on then it is his duty to do so. The great irony here is that the new commission has been the most transparent this city has seen in its history, and represents a marked departure from the concerted efforts of its predecessors to cloud transparency in WW government(i.e. day meetings that the preponderance of the citizenry were unable to attend, a slapstick approach to recordkeeping, accounting and contracts, Davenport’s vehement opposition to the videotaping of meetings, a nearly unfailingly antagonistic response to governmental critics at PUBLIC meetings). On to City Clerk Chris Wood. You remember, the one who admitted in open court to excluding recall signatures he knew to be valid, and he who was rather thoroughly dressed down by Judge Batten for manifest incompetence in his performance of his professional, governmental duties. Lest we forget, during the recall trial Judge Batten also saw fit to raise serious objections to the apparent collusion of the County BOE with the T/D regime both in open court and in the halls of the courthouse. It’s truly a lamentable day in our municipal politics when one of the most progressive and taxpayer accountable governments in its history is frivolously impeded by politically antagonistic arms of the county government itself. Shame.
Tue, 06/22/2010 - 5:36pm - Posted by: Cargo
Normally I wouldn't even comment on this article, I'm too far removed and have no direct knowledge. And I like to call them as I see them and repect everyone's right to do the same. To throw Henfey's son's name into this topic demands a response though. I'm just going to say that to insinuate there is anything needing looking into regarding this guy, just because he works where he does, is plain, outright wrong. Never met a more up and up guy whose only interest and motivation is serving the public. I don't know anything about all else discussed here but I do know that Henfey's son, or someone just like him, is exactly who I would want handling any matter that involved me or someone I cared about and the local Pros office. Smart, hardworking and honest. Any Prosecuter would be a fool to pass on the chance to have brought him aboard. I don't think it's right to throw out negative implications just because you can speculate a connective roadway. This guy didn't deserve to be drug into this.
Tue, 06/22/2010 - 3:42pm - Posted by: Me
Would the snitch, Wood have done the same if Troiano and gang was still in office.
Tue, 06/22/2010 - 3:05pm - Posted by: galley
The prosecutor's office should have considered Harshaw's dozen years of experience on the school board, they follow the same laws. Brannen has turned into the same type of elected official that he complained about for the past 30 years.
Tue, 06/22/2010 - 2:26pm - Posted by: eyespy
******_Hurtz
What is the great job being done by Taylor and his gang of political appointments? He has at least two murders where he can't even find a cause of death. He botched the Cooper & Higbee cases. Romeo is walking free because he knows where the bones are buried. Dr. Carty is sitting in jail with no evidence and it will cost us $millions. all so he can set up "specialty units". He has been upping the numbers for years due to his Bigley Action. A high percentage of these were thrown out in pretrial. He is a joke but the Dems want him big time. Misery loves company.
Tue, 06/22/2010 - 2:00pm - Posted by: sea4me
@Been_There, YES, YES, AND YES….. G*d forgive me for what I am thinking right now but YES AGAIN!!!
Tue, 06/22/2010 - 1:42pm - Posted by: Been_There
Wait is this the same WOOD who released the names on the recall petition to the previous administration in violation of the election laws? Is this the same one who took names off the recall petition and was chastised by the Judge? Did the prosecutor’s office investigate them incident? How about the other matters that were referred to the office of the prosecutor’s office? There is one incident with VIDEO proof that is not being acted upon and has been ongoing for years why. Selective enforcement? Do a search on violations of Sunshine Laws in New Jersey and check out the number of hits and responses from other Prosecutors Offices. This should indicate what is going on. Woods is a disgrace you can bet it is not the best interest of the City but his own personal agenda. He has done a number of things that should have resulted in criminal prosecution or dismissal from his position. How do you say BACK STABBER, SNEAK SLIME BALL…………………..
Tue, 06/22/2010 - 1:04pm - Posted by: Dick_Hurtz
So sorry, Marmoracat, I figured most intelligent people would want as many people investigating crime as possible. Nah, that's a silly idea. The Prosecutor's Office does a great job at everything they do. While I'm sure the Sheriff's Dept. could handle it, the Pros Office already has the manpower, vehicles, equipment and money to do it better. If anything, I say hire more county detectives to supplement the local municipalities since all they ever seem to do is drop the ball on important cases, then Mr. Taylor has to come in and clean things up. Prosecutor Taylor and his detectives are the only thing keeping Cape May County from being like the Wild West.
Tue, 06/22/2010 - 11:56am - Posted by: Dick Cranium
D*ick_Hurtz telling D*ick Cranium to grow up ! Now thats funny !!! Lighten up Francis or your heads going to explode.....Wood........I wonder what your like in the morning...get it.....I'll be here all week...remember to tip your waiters and waitresses !
Tue, 06/22/2010 - 11:43am - Posted by: marmoracat
We have Police Departments and a County Sheriff for Law enforcement. The Prosecutors job is to ensure when people are taken to court, they are found guilty. He is the LEGAL representation of the County/State. His job is NOT to perform law enforcement duties. Police Departments have detective divisions to handle investigations. I'd like to know WHY we are wasting tax dollars on the PROSECUTORS office on law enforcement duties. Cut the Prosecutors funding, assign a portion to the Sheriff's office to do the law enforcement/investigations.
Maybe then he can focus his attention where it belongs, prosecuting court cases!
Tue, 06/22/2010 - 11:08am - Posted by: mscrabtree
Job interviews have never been held in public form, Wood is securing his job, when he gets let go from his job he can sue under the Whistle blowers Act. That Prosecutors office is a joke. A waste of taxpayers money. I think every taxpayer should visit that office, count the cars, check out the private gym, and inground swimming pool. No that's not a joke.
Tue, 06/22/2010 - 10:46am - Posted by: Dick_Hurtz
Grow up.
Tue, 06/22/2010 - 10:36am - Posted by: Dick Cranium
His name is WOOD....That says it all... "heh....heh...he said wood" - Beavis
Tue, 06/22/2010 - 9:05am - Posted by: kenzo
maybe mr. wood is worried about losing his job since the new adminstrator should be able to handle his duties and combine the clerk position with his.
Tue, 06/22/2010 - 8:26am - Posted by: Dick_Hurtz
Mscrabtree, this has nothing to do with the recall. It doesn't matter who the people in question are, the fact is they are committing a crime. It's Mr. Taylor's duty as the Prosecutor to charge these people, whether you like it or not. Great job by the entire Prosecutor's Office to seek these people out and make sure justice is served. Maybe they should make a "Political Task Force" to handle things like this. Prosecutor Taylor has done such a great job lowering crime he can spare a few detectives to look a little deeper into these areas. Kudos!
Tue, 06/22/2010 - 8:27am - Posted by: Me
This Wood guy needs to go, if i were the Mayor and Commissioners i would watch my back, not that they are doing anything wrong, he should be replaced, is this the same guy who threw the Board of Elections under the bus.
Tue, 06/22/2010 - 7:56am - Posted by: mscrabtree
That prosecutor and that Wood guy need to go. Where was this prosecutor when Troiano and company hired everyone and anyone. What about all the voter fruad like Joey M who lives in Middle and votes in Wildwood. These two are only Trioiano puppets, The taxpayers spoke at the recall, so Taylor stay out of politics.
Tue, 06/22/2010 - 7:53am - Posted by: Dick_Hurtz
Take care of the little things and the big things will take care of themselves. I think that is a very valuable piece of advice. Prosecutor Taylor is doing a great job of tackling the types of crimes that other people might look the other way at, such as the West Cape May water theft, voter fraud and now shady, back-door politics. The message is being sent loud and clear, if you steal, you will be charged, if you committ fraud, you will be charged. Thank you, Mr. Taylor, for taking care of the little things. Your Office is the only law enforcement agency in the County that has the guts to investigate crimes like this, I think you all deserve raises!
Tue, 06/22/2010 - 7:37am - Posted by: WhiskeyTango
This guy just loves to be the watchdog for Wildwood. Isn't he the same guy who announced charging Kathy McCollough, for voter fraud, the week before an election? Was she ever charged? What is the status of her case? Oh, what is this guy doing about all the unsolved homicides in the county? Probably nothing because he is too busy with Wildwood politics.
Tue, 06/22/2010 - 7:16am - Posted by: Dick_Hurtz
Great job, Prosecutor Taylor! People are finally starting to realize that if you break the law, you will be investigated. It doesn't matter if you're a State Trooper or local politician, you will still be held accountable. Don't stop there Mr. Taylor, there are plenty of other crimes that need to be investigated. I say hire more Prosecutor's Office Detectives and rid Cape May County of the small-town, back-door politics that have ruined our great community.
Tue, 06/22/2010 - 5:35am - Posted by: sea4me
@chevy, he cannot go anywhere with this b/c it is all b/s…… He has nothing, but he can publicly try to discredit and demonize our new administration…. Taylor is such a political hack, if he really had anything on DeMarzo he would use it, bet on it…….. This is all being done in the run up to Troiano’s comeback campaign…… VanDrew/Taylor/ Wood have got to go……
Tue, 06/22/2010 - 5:23am - Posted by: chevy girl
" He said he would not seek penalties “under these circumstances especially since Commissioner Harshaw and Commissioner Brannen are newly elected Commissioners and may not be aware of the Open Public Meeting Acts various provisions"
Wow does this mean that we can all break the law and say we didn't know
Tue, 06/22/2010 - 5:16am - Posted by: eyespy
Prosecutor Taylor is creating more problems than he fixes. He can't run the office to maintain a minimum standard of Law enforcement. Then he interjects into political avenues to give Van Drew a reason to fight for his reappointment. He should quietly go away and take Van Drew with him.
Tue, 06/22/2010 - 4:26am - Posted by: Scorpion
North Wildwood is next. The prosecutor should be investigating that land deal between Rosenello and Henfy which cost the city taxpayers over a million dollars. Then, through sheer arrogance, they left out the part about GIVING Rosenello additional city owned undeveloped beach front property which should be protected and preserved as natural habitat. Henfy's son works for the prosecutor's office. Any shenanigans there should be exposed as well. North Wildwood officials also create jobs and hire without advertisement. They did it for Kohler's son at Public Works.