||New Jersey Libertarian Party
Open Government Advocacy Project:
Woodbridge Fire District 12
- March 21, 2012
Richard M. Braslow, Esq.
Dear Mr. Braslow:
I received the records you sent me today and have place them on the Internet at for your ready reference.
Just to recap, I submitted a records request on February 24, 2012 that contained four (4) separate requests set forth in numbered paragraphs. Paragraphs 3 and 4 were resolved by the settlement/release you previously sent me and you explanation that the civil complaint was too marked up with notes to make it convenient to redact and send to me. That leaves the following two paragraphs:
1. The minutes of the Board two most recently held public meetings for which minutes are available.
2. The minutes of the Board two most recently held nonpublic (i.e. closed or executive) meetings for which minutes are available.
I have three questions/comments:
1. When we spoke on the phone on March 14th, did we discuss whether the Board of Commissioners ever goes into closed or executive session? The reason I ask is because both of the minutes provided to me are from public meetings and do not address paragraph 2 of my request. Unless the Board has never, since its inception, held an executive or closed meeting, there must be some record responsive to paragraph 2, please advise.
2. I don\'t think that the statement in the minutes that \"The meeting was called to order under chapter 231 laws of 1975. The meeting is here advertised in the Home News and Tribune and Town Hall\" comports with the Open Public Meetings Act (OPMA). First, in accordance with N.J.S.A. 10:4-10, the minutes need to \"specify the time, place, and manner in which such notice was provided.\" If the statement in the minutes, that the meeting \"is here advertised in the Home News and Tribune\" is accurate, then the OPMA was violated because both N.J.S.A. 10:4-8(d) and 10:4-18 require notice to be served on \"at least two newspapers.\" The Home News is one paper, which other newspaper was notified? (The full text of the OPMA is on-line at http://ogtf.lpcnj.org/OPMA.htm )
3. Under \"roll call\" the minutes recite only that \"everyone is present.\" But, N.J.S.A. 10:4-14 requires the minutes to show \"the time and place [and] the members present.\" I believe this fairly means the names of the individual Board members present, not just the statement that \"everyone\" is present. Also, the minutes do not recite the location of the meeting.
4. Most substantively, I have a problem with the statements on pages 5 and 8 of the PDF file at the above link. Apparently, under \"personnel,\" \"Souza, Jr.\" stated that \"We will discuss something after the meeting.\" Then, later, under \"old business\" he reiterates that \"I don\'t have any concerns at this point other than the one that we will talk about later.\" Does this mean that a quorum of the Board discussed a \"personnel matter\" in private without the benefit of going into executive session? I find this matter very troubling and look forward to receiving yours or your client\'s response.
P.O. Box 5424
Somerset, NJ 08875-5424
cc: Ed Sheehan, Secretary to the Board (via
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