Sly Fox: Ex-Mayor Fighting Recall In Superior Court

WEST WILDWOOD — Christopher “Chris” Fox isn’t going down without a fight. Despite losing a recall election last month and a subsequent recount of the recall, the former mayor is still jockeying for a position on borough commission. This time he’s challenging the recall in Superior Court.
In a Dec. 29 letter to borough officials, Fox’s attorney, Mary D’Arcy Bittner, writes that a petition was filed with N.J. Superior Court on behalf of Fox. It makes no mention of Cornelius Maxwell, who ran with Fox Dec. 7 in an attempt to unseat Mayor Herbert Frederick and Commissioner Gerard McNamara.
“I don’t think this is to our disadvantage,” said Frederick.
In fact, the mayor and McNamara felt just the opposite speaking to the Herald a day after the letter was received.
They said if Fox planned to push the envelope and challenge the recall, they had a challenge of their own in mind.
“We’ll ask for a review of the inordinate amount of absentee votes,” Frederick said.
According to Frederick and McNamara, about 130 absentee ballots were collected in the recall. Of that, about 118 counted, they said.
“That in itself is unusual,” said Frederick. “We had about 50 in prior elections, and then in this one the amount more than doubles.”
Frederick said if Fox challenges the election in Superior Court, he and McNamara would be forced to pursue what they believe is a questionable amount of absentee ballots.
“I’d be willing to spend the time and money needed to investigate those absentees,” said McNamara. “You can’t manipulate the voting machines. You can manipulate the absentees.”
The duo also speculated Fox’s latest challenge was timed to coincide with the upcoming recall of Commissioner Scott Golden.
Golden faces challenger Louis Sottnick in an election Jan. 11.
“Maybe he’s trying to help Golden with this, I don’t know,” said Frederick. “Whatever the motive, we’re open to the challenge.”
Prior to speaking with a reporter Dec. 30, the mayor and commissioner also engaged in a challenging final meeting to close 2010. A special meeting was called, they said, to address end-of-the-year government business. A snowstorm prevented it from being held Mon., Dec. 27.
Three items were on the agenda: setting dates and times for meetings in 2011, transferring funds and approving a professional services contract. All passed 2-to-1 with Golden voting no on each.
Six residents attended and criticized the 8:30 a.m. session. Frederick said it was the only available time to attend to business.
“We were here yesterday working until 8 p.m.,” he said. “Borough offices close at noon today and it’s the last working day of the year, so this was it.”
Long-standing Friday meetings will move from 7 p.m. to 5 p.m. West Wildwood is the only local municipality that meets on a Friday night. The borough has been doing so since the 1920s. Frederick said the time change would make the meetings more convenient. Golden disagreed.
“Why not have them at 5 p.m. on Saturday then?” he said shaking his head.
Funds were transferred from a borough savings account to a checking account as mandated by law, according to Frederick, and the professional services contract was approved not to exceed more than $5,000 a year. Frederick said it allows the borough to hire a private individual to address internal investigations within the municipality, including those involving former officials.
Resident Maureen Smith spoke against the time change for meetings, echoing Golden who said it was “not fair.”
“About 80 percent of our neighbors can’t get down here now in time to make the meetings,” she said. “This isn’t fair for people from Delaware, North Jersey and Pennsylvania.”
Smith’s husband also spoke, attempting to question Frederick about a letter he wrote to the Herald last week attaching a price tag to ongoing recall efforts.
The mayor cut him off saying only government business was up for discussion. The letter also called for “healing” following months of political mudslinging.
“No politics,” said Frederick.
He then abruptly adjourned the meeting.