Resident Accuses Common Council Members of Violating Sunshine Laws

Four-hundred and forty pages of emails requested under NJ's Open Records Act (OPRA) set off fireworks at this week's Common Council meeting on Tuesday. Guy Haselmann, who presides over the Summit Department of Community Programs, used the public comment portion of the meeting to call into question the council's adherance to open meetings, or sunshine laws. 

Haselmann, who has been a critic of the Council at meetings in the past, especially in regards to the handling of the presented statements made in emails he said involved Councilwoman Ellen Dickson, Councilwoman Nuris Portuondo, Councilman Thomas Getzendanner, Councilman Rich Madden and Council President Dave Bomgaars cutting a deal. Haslemann said the evidence he obtained through his records request show alleged violation of openess laws. 

"There's nothing wrong with three council persons talking amongst themselves," said Bomgaars. "That's how you do business," he said.

But Councilman-at-Large Stephen Murphy firmly agreed with Haselmann's assessment and thanked him. "Your hard work has proven truth," said Murphy, who has on the council's alleged lack of transparency on the parking ordinance before.  He said the emails were proof that "Glatt, Vernotico and Murphy remain in the dark."

At issue is whether the shopper parking ordinance was vetted properly with the public. And if several members collaborated behind the scenes to reach an agreement on how to vote on the issue, excluding desenters.

Councilwoman Portuondo was among the council members who maintained that the ordinance was properly created, although it was eventually voted down. "Even the mayor had to admit, when he was in his ranting and raving at the meeting," she said, "that there was nothing illegal about having an item listed as a DAR (item for discussion, action, or referral), and then listed as an ordinence."

"There was plenty of notice and plenty of opportunity for the public to opine," said Portuondo, who also described Haselmann's statements as innacurate.

"When we have four council members on an email, that I have seen personaly, that is a clear violation of the sunshine laws," said Murphy. "That is a clear violation." Murphy said the released emails were the smoking gun that reveiled a parking ordinance "deal was being cut over email." 

Councilmembers did not deny communicating with each other via email about shopper parking discussions. One particular email exchange that was highlighted early on mentioned Mayor Jordan Glatt, who was called "pathetic" in an email between Portuondo and Dickson. The Council members also exchanged emails in which Councilman Mike Vernotico was called a "jerk," for his stance against the shopper parking ordinance.

Dickson apologized for her comments, while Portuondo went on to attack Vernotico. "I did mention in an email that Mr. Vernotico was a jerk," she said, "and I'm sorry, but I'm not apologizing. He was a jerk about this. He lied." Portuondo said that Vernotico was properly involved with discussions on shopper parking.

She accused the councilman of stepping aside from the parking vote to avoid any problems in his run for office. "He knew we were considering an ordinence. He didn't want to vote on parking because he was running for Mayor," she said.

"I never, never said I wanted to spurn this issue until after this election," Vernotico replied. "I don't really care if you think I'm a jerk, because I don't respect you." The mayoral candidate took issue with the emails and said that when council members discuss city issues outside of a public forum it's like "fixing the game."

Near the end of the public comments portion of the meeting, Dickson was asked whether or not sunshine laws were violated.  "My sense is that you can certainly talk to one other person in a personal conversation, maybe two. But more than three is a violation of sunshine law," she said regarding conversations with other members of Common Council

"Say we're even at a party, believe it or not, and four of us are there talking, we say to each other 'This is a violation of the sunshine law, we have to break up,' " Dickson said.

City Solicitor Barry Osmun seemed to agree that four members discussing council business was breaking open meetings law. However, he refused to comment on the matter as it pertained to Haselmann's allegations and the Common Council. Osmun said he needed time to analyze the findings. 

Bomgaars, who got into heated exchanges with Vernotico and Murphy through the discussion on Tuesday said the Council was doing what needed to be done to usher the ordinance through. "The city administrator and the director of the parking wanted this program, and they briefed us," he said. "The mayor has wanted paid shopper parking in his State of The City." 

"Five council persons wanted to support the city administrator and we're being accused of a gang of five, we're being accused of machinations?" Bomgaars said to the audience.

The council president said that no other council members were kept in the dark on the matter and that perhaps members weren't actively following the discussion. "We need to read our packets. We need to read our city emails," he said.

Murphy, a lifelong resident of Summit, continued to disagree, voicing his outrage "that a council would go out of their way to conduct business over email and not in front of the public," he said. "I am ashamed and appalled to be a member of this city council."

Madden, who was implicated as a participant in the so-called "gang of five" didn't agree with the allegations and would only offer that many times council members, who are "unpaid employees" try to do their best. "I have nothing further to say on the topic, except I can't agree with a lot of things that were said tonight," he said.

Read the on the matter. And Councilwoman Nuris Portuondo's .