October 3, 2008 - 12:45pm
Press Release

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REPUBLICANS FILE COMPLAINT ON TYLER FOR FAILURE TO COMPLY WITH OPEN RECORDS ACT

The Republican candidates for the Burlington County Board of Freeholders and County Clerk today filed a formal complaint citing Fieldsboro Mayor Edward G. Tyler, Sr. with multiple violations of the State’s Open Public Records Act (OPRA) for failure to comply with a routine request for municipal documents. 

       Freeholder Director Aubrey Fenton and Freeholder Stacey Jordan joined with Gary Woodend, candidate for County Clerk, in serving a copy of the complaint on Tyler.  The candidates said they have been repeatedly stonewalled in efforts to obtain minutes of meetings of the Fieldsboro Council, to examine the voting record of Councilman Tim Tyler, Woodend’s Democrat opponent.  

      “While our request was filed a month ago, not only have the records and minutes still not been produced, but we’ve been informed that it will require another three weeks to compile them,” the Republicans said.  “OPRA is crystal clear --- requests are to be filled within seven days.  The law applies across the board and there is no valid or acceptable rationale for the refusal of officials in Fieldsboro to comply.”  

      Under OPRA, meeting minutes are to be available within seven days, or the Custodian is to obtain a written agreement with the requestor extending the time period for compliance. 

      Woodend, Fenton & Jordan said the municipal clerk informed the individual who filed the request on their behalf of the candidates that she did not have time to fill it and went on to say that she was instructed by Borough Mayor Buddy Tyler --- Tim Tyler’s father --- to refuse to provide any information. 

      She added that if she complied with the request, she would “get in trouble with her boss”  ---- clearly referring to the Mayor --- and that it was the Mayor who told her she should reject the request for information.  

      “If the municipal clerk is being truthful --- and there is no reason to believe otherwise --- the Mayor directed her to violate a state law,” the Republicans said, “and he should be called to account for his actions.”  

      “It’s clear that the Mayor has concocted a cover-up to protect his son from any scrutiny of his record,” Woodend said.  “He has ordered municipal employees, paid by the taxpayers, to refuse to honor a legitimate and legal request for information on government business.  What’s he trying to hide?  What’s in the records that he wants to conceal?  It’s time to come clean, Mayor.”  

      “Coming at a time when it is vital to restore a high level of confidence in public life by instilling greater transparency in government, the actions of the Mayor and clerk are especially egregious,” the three Republicans said.  “The most direct way to demonstrate a commitment to openness is to spread those actions on the public record.  Anything less is unacceptable and shows a disregard for the taxpayers.”   

      “Tim Tyler is seeking county office and the citizens and taxpayers have every right to know his record as a local councilman,” Woodend said. “The continued stonewalling and refusal to release the documents certainly leads one to conclude that he would prefer his record remain hidden from public and voter scrutiny.” 

      “I would remind Tyler that the records are public documents and I suggest that he personally intervene, put an end to the improper withholding of the material and order the meeting minutes released immediately,” Woodend said.  

      The complaint served on Tyler also contests the assessment of a $500 service charge, for which no accounting was provided, nor any evidence that copying the records would require an extraordinary amount of time and effort. 

JEFF BELL can be reached via email at jkbell08054@gmail.com.

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