Our town has recently shown a lot of transparency, however, sadly it had to come from a SUPERIOR COURT JUDGE and NOT THE BOROUGH. Because this legal terminology is hard for me to digest, I have to read it so slowly and talk it through to take in the details. I will summarize this as best as I can and share it, in my simpler version, hoping to help others understand it better too.
In late 2021, TJ Coan challenges the Borough on executive meetings.
The Borough replies that it was an attorney-client privilege meeting.
TJ Coan discovers the Borough met with third parties in these meetings, including NJ American water with discussions about selling or programs of the sewers, AND another with a developer and engineering firm regarding a possible sale of public property.
All of this was being done without any public knowledge. There is an OPEN PUBLIC MEETINGS ACT that protects the public from this type of behavior. TJ took our Borough to court and won. It is time for full transparency in Bradley Beach by elected officials, NOT SUPERIOR COURT JUDGES.
So, right into the deeper details:
The Borough of Bradley Beach (I will keep referring to the defendant as "the Borough") held a public meeting on October 12, 2021. The published agenda stated the Borough would “hold an Executive Session to discuss an Attorney/Client Privilege Matter.’” In fact, the Borough did not meet on an attorney-client privileged matter and instead met with representatives from New Jersey American Water (“NJAW”) regarding the possible “sale of the borough’s Sewer Utility.”
The Borough held another public meeting on November 9, 2021. The published agenda stated the Borough would “hold an Executive Session to discuss an Attorney/Client Privilege Matter.” However, the Borough did not meet on an attorney-client privileged matter and instead met with representatives from Highwood Development and Holdings and InSite Engineering on the possible sale of PUBLIC PROPERTY!!! This is OUR land!! AND WHO ARE HIGHWOOD DEVELOPMENT & HOLDINGS AND INSITE ENGINEERING???
Here's a telling clip from Feb, 2, 2022 Special Meeting to enter into Executive Session:
(Greg Cannon makes a statement that TJ Coan will make thousands of dollars off of this lawsuit. TJ made ZERO dollars, and spent his own money to fight for us)
Thank you to resident Mr. Greenberg for asking great questions and not backing down about this topic.
After the present complaint was filed, the Borough attempted to fully comply in the notice and convened a third meeting on February 8, 2022 to hear presentations from NJAW and Highwood Development in executive session. THE BOROUGH THOUGHT THIS WAS A BANDAID THEY COULD GET AWAY WITH. The court notes TJ COAN's pleadings, filed December 22, 2021, put the Borough on notice of the issues in this case and states the fact that the Borough's meetings with NJAW, InSite Engineering, and Highwood Development did not “fall under any of the recognized exceptions listed in Open Public Meetings Act (OPMA). CLEARLY, THEY WERE WRONG TO HOLD THESE MEETINGS IN PRIVATE.
In addition, TJ COAN contended the three (3) meetings “did not fall under any of the recognized exceptions listed in Open Public Meetings Act. He states the fact that “the Borough violated the OPMA by meeting in closed session with counterparties in the contractual negotiations” and reasons the contract negotiation exception only applies “to discussions about contract negotiations by the public body, not contract negotiations with the opposing party.” He notes the Borough did not address this issue in their brief and claims the February 8, 2022 meeting did not cure this violation. He asks for a permanent requirement for the Borough to follow the OPMA to address repeated violations. TJ COAN PROVES THE BANDAID WASN'T ENOUGH.
TJ COAN'S reasons the statute prohibits third parties from convening in closed session because unlike government officials, third parties have no fiduciary duties owed to the municipality and are not required to keep the matters discussed confidential. He also claims permitting third parties in executive sessions would chill discussions as government officials would be unable to discuss strategies in the presence of adversaries. WHAT HAPPENS IN EXECUTIVE SESSION STAYS IN EXECUTIVE SESSION. SO THE PUBLIC CANNOT KNOW!
The Borough requested dismissal and claim no controversy exists because the violations were cured (THEY TRIED TO FIX WITH A BANDAID) by the February 8, 2022 meeting. They also think a permanent requirement is inappropriate because there is no “‘pattern of non-compliance’ by the Borough” and reason the “Borough Clerk,” who prepared the agenda, “[h]as not even been registered long enough to have developed any ‘pattern of non-compliance’ sufficient to warrant relief. IS THIS WHY OUR BOROUGH CLERK CERTIFIED TOM GAVIN TO RUN FOR COUNCIL WHO DOES NOT FIT THE REQUIREMENTS AS HE DID NOT RESIDE HERE FOR THE PAST TWELVE MONTHS?? The LIES just keep racking up in our day-to-day operations and with the candidates, the Mayor is endorsing in the current election.
The OPMA is but one example of New Jersey’s strong tradition of favoring open government. The statute codified the Legislature’s desire to reinforce “the right of the public to be present at all meetings of public bodies and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public bodies. It was also designed to limit “secrecy in public affairs” that would “undermine the faith of the public in government. As the Polillo Court noted, open government fulfills the “ideal of creating a ‘government of the people’” and preventing corruption. IS THIS EXACTLY WHAT WE HAVE ON OUR HANDS HERE FOLKS; CORRUPTION?? The Mayor has touted his "strong mayor" role and I would say his actions do NOT want a government of the people!!
The Borough failed to present any evidence that any of the conditions of the statute were met at the time they engaged in discussions with NJAW, InSite Engineering, and Highwood Development. Consequently, the court cannot conclude they were engaging in “contract negotiation” or legitimate discussions about land acquisition, especially when the Borough discussions were not about the purchase of real property with public funds, but about the sale of public property, a transaction that is not covered by the exceptions to the OPMA. At best, the court can only conclude that the Borough was engaged in preliminary discussions to obtain general information. To condone the application of the exception on the sparse evidence in the record would be contrary to the requirement that exemptions be construed narrowly.
In the present matter, the Borough violated the provision of OPMA on three (3) occasions. At oral argument defendants provided a list of reasons why their actions were appropriate. Consequently, injunctive relief is warranted to prevent future violations.
However, TJ Coan's request for counsel fees is denied. Unlike the Open Public Records Act,
OPMA contains no fee-shifting provision and the plaintiff failed to articulate a legal or factual basis to award counsel fees.
This court case was based on a resident who is very well educated on municipal government and keeps track of what happens in Bradley Beach. Some people get annoyed at how involved he is, but it takes someone like this to shine the light on what could be happening behind closed doors. PUN INTENDED. Thank goodness for residents like TJ COAN to be willing to CHALLENGE our Borough when things aren't looking good, and when ignored or lied to, he proceeds to put forth the money to take it into court. A rumor goes around that he makes a lot of money off of these lawsuits. Since I am a follow-the-money gal, I want to share that my research on this is that TJ pays to keep an attorney on retainer to have access when he sees and hears any injustice. His last lawsuit was settled by the town (settlements usually are "shut up money because the borough will lose in court") just making back his legal fees. And this current case was WON by TJ protecting us with his money where he didn't even get back a penny for legal fees. So if you are a person who wants fair government and transparency, you will be grateful for someone like TJ fighting the fight on behalf of all of us. LOVE HIM OR HATE HIM, he's doing the RIGHT thing and can back up everything he fights for. I have seen moments he may have been incorrect and he takes constructive criticism and humbles himself even with an apology if necessary. I know I personally am not easily willing to have an attorney on retainer and put so much energy into following every detail, but I sure am grateful someone is!! It protects my tax dollars and my family's investment in living here.
On October 13th, 2022 Superior court judge, Lisa P. Thornton, ORDERED that the Borough motion for summary judgment is hereby DENIED and TJ COAN'S cross-motion for partial summary judgment is GRANTED; and it is further
B. ORDERED that requires the Borough to comply with the
provisions of the Open Public Meetings Act, N.J.S.A. 10:4-12(b); and is further
C. ORDERED that the Borough are permanently instructed from meeting in closed or
executive session with third parties unless such a meeting would not violate the Open Public
Meetings Act; and it is further
D. ORDERED that this Court shall retain jurisdiction to hear and enforce any violation of
this order and permanent injunction; and it is further
E. ORDERED that the posting of this order on eCourts constitutes service upon all parties
of record.
__/s/Lisa P. Thornton______
LISA P. THORNTON, A.J.S.C.
THOMAS J. COAN,
Plaintiff,
v.
BOROUGH OF BRADLEY BEACH, THE
COUNCIL OF BRADLEY BEACH and
LARRY FOX in his official capacity as the
MAYOR of Bradley Beach
Defendants.
SUPERIOR COURT OF NEW JERSEY
MONMOUTH COUNTY
LAW DIVISION, CIVIL PART
DOCKET NO. MON-L-003974-21
If our Mayor is not being honest, and our borough attorney is not protecting us properly, if our clerk is making mistakes as serious as certifying someone who didn't live here for this election...And our Mayor is endorsing Deb Bruynell who lied under oath while voting in a zoning meeting, Tom Gavin who didn't live here to even be qualified for running in this election, and Tim Sexsmith who has given us three different stories about Lyin Larry magically coming from his computer costing taxpayers thousands of dollars...DISTRUST!
Here is the full video from the February meeting. Starts at 11:50 time stamp. Very very important to watch.
See you in the sand...with the pups!
It is unbelievable that the Mayor, Counsel and BA operate in a vacuum of their creation almost with disdain toward tax payers. Power with no accountability leads to corruption and in the end, the tax payers pay the price. Very disgusted to read this in detail.