The Coast Star

http://starnewsgroup.com/

October 26, 2007

  

Bay Head Council to change how it announces executive sessions

  

By Andrea Agardy

  

From now on, attendees at Bay Head Council meetings will have clearer idea of what the governing body is discussing in its closed-door executive sessions, Council President John Berko announced at last week’s meeting of the governing body.

 

The change in practice comes in response to a letter the borough recently received from John Paff, chairman of the New Jersey Libertarian Party’s Open Government Advocacy Project.

  

In his letter, which was dated Oct. 1 and addressed to Mayor Arthur Petracco and the borough council, Mr. Paff informed Bay Head officials of his threat to sue the Sea Girt Council because the governing body there failed to comply with the Senator Bryon M. Baer Open Public Meetings Act [OPMA].

  

Mr. Paff contended that governing bodies, including the Bay Head Council, are not providing the public with specific enough information about the discussions being held in the private sessions.

  

“My complaint against Sea Girt alleged that the borough council violated the act because the resolutions it passed before going into executive session failed to adequately describe the topics that were going to be privately discussed,” Mr. Paff wrote. “For example, Sea Girt’s resolutions would inform the public that only ‘litigation’ was being discussed instead of a more detailed description such as ‘litigation - Smith v. Sea Girt Police Officer John Doe, Dockett No. MON-L-0000-07.”

  

Mr. Paff went on in his letter to ask the Bay Head Council to “review its form of executive session resolution… and make any changes necessary” in order to avoid being named in a lawsuit.

 

 After receiving Mr. Paff’s letter and reviewing his complaint, the borough sent a response, in the form of an Oct. 10 letter, signed by Borough Clerk Patricia Applegate, indicating the governing body would revise its executive session resolutions to conform with OPMA.

 

 During last week’s meeting of the governing body, Councilman Berko reported that he had discussed Mr. Paff’s letter with Borough Attorney Ken Fitzsimmons.

  

“Ken’s opinion to use indicated that the complaint was valid,” Councilman Berko said.

 

 In the past, before entering into an executive session, the council would pass a resolution describing the topic of discussion in general terms, such as litigation or personnel, and provide an anticipated time at which the matter would be made public.

 

 “We could be more specific when we go into executive session,” Councilman Berko said.

 

 Although the councilman said the borough attorney indicated the governing body does not need to mention the names of borough employees who will be discussed in executive session, he said the council will mention the names of the parties involved in litigation before excluding the public from future discussions.

  

“I suggest we write to the guy who wrote to us and tell him we appreciate the criticism and will do better in the future,” Councilman Berko said.

 

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