SWEENEY'S LEADERSHIP QUESTIONED

TRENTON - Three Judges of the Appellate Division agreed there were grounds to go forward with a suit against the Gloucester County Freeholder Board for numerous violations of the Open Public Meetings Act. The suit was brought by David Burnett, a longtime taxpayer advocate, against the Freeholder Board. The Board is headed by Stephen Sweeney, who is also a State Senator and Majority Leader of the Senate.

Recently, Sweeney has indicated an interest in becoming Senate President. "How can Sweeney expect to be President of the Senate when he cannot even legally run a freeholder meeting," indicated Mark Cimino, the attorney representing Burnett.

Burnett indicated " this is not so much a victory for me, as much as it is a victory for the taxpayers and citizens of Gloucester County."

The decision of the Appellate Division determined that 54 of Burnett’s claims of violations of the open public meetings act merit further review. Only 2 were dismissed. The determination was issued in a written precedent setting decision of the Court.

The Open Public Meetings Act ensures transparency in government by prohibiting government officials from conducting business behind closed doors.

The Court noted "examination of the [Freeholder] Board’s actions in closed sessions show there are serious questions raised regarding the [Freeholder] Board’s compliance with the OPMA..." Decision, at 31.

In particular, the Appellate Division noted that the Freeholder’s claims that they could act without an open vote of the Board was "disingenuous" (Decision, at 18) and "undermines" (Decision, at 26) the purpose of the OPMA.

The Appellate Division also noted that doling out money in closed session "flies in the face" of the requirement of open government. Decision, at 24.

Burnett asserts, "they are spending more money on their lawyers to try to cover-up their wrongdoing, rather than complying with the law."

The 54 claims will now go back to the trial court for further proceedings.

For further information:

Mark Cimino, Esq. 1-856-845-5553

David Burnett 1-215-519-7006