Sunshine Act to see light of day despite opposition

| 29 Sep 2011 | 09:13

    WEST MILFORD — The unprecedented endeavor by a group of township citizens to pass a new law was given its first public airing this week. The West Milford Sunshine Act was approved for introduction at Wednesday’s council meeting and will go forward for a public hearing and vote on its final adoption. Those who proposed the act, along with their supporters, claim it will provide greater access to government information. More specifically, the act proposes several changes to the current open government laws, including guaranteeing the right for citizens to speak at all public meetings, more township records made available on the internet, and decreasing the fees for the public to obtain photocopies and media versions of council records. The act, however, does not inspire the sunshine in everyone. Zoning Board of Adjustment member and office holder for the local Republican Party Frank Hannan is skeptical, to say the least, of the act’s possible benefits. Hannan said, “This act will cost hundreds of thousands of tax dollars and will add very little to the welfare of the general population.” The Zoning Board is one of the council bodies that doesn’t have a public portion at the start of its meetings; however, Hannan advised that those present can comment specifically on each application when presented at the board. “We already have an open records law on the state level that protects the rights of those who wish to view public records,” said Hannan. “Why does West Milford need to be the experiment at a cost of hundreds of thousands of dollars?” Township Administrator Rich Kunze and Town Clerk Antoinette Battaglia reviewed the act and issued a memo on Aug. 4 to council members on their interpretation of the effects of its proposals. The memo read, “Our initial review of the documents showed that there would be substantial impacts on our operations.” The memo from Kunze and Battaglia also advised the council that the township would need to hire two new staff at a cost of $150,000 to meet the requirements of the act, and that, in total, the new proposals would cost the town over $311,000 to implement. The act’s supporters responded quickly to dampen the comments by Kunze and Battaglia by releasing a statement titled, ‘Fiction vs. Fact.’ Among those who contributed to the statement are Andy Gargano, former council member and president of West Milford’s Democratic Club, and local open government activist Marin O’Shea. As Gargano and O’Shea see it, a neighboring municipality works within the new proposals at the cost of hiring just one part-time person who is paid $350 per month. They also claim that other costs cited by the administrator and clerk, such as $25,000-$35,000 for a scanning system and $24,000 for eight recording systems, are false. They counterclaim that scanners adequate to handle the workload that will be generated by the Sunshine Act start at $200, with a high end of less than $1,000, and that eight recording systems will not be necessary; however, if necessary, they will cost approximately $200. Democrat Council member James Warden, the lone voice on the dais to openly support the act, said, “I would like this township’s voters to be educated. An uneducated voter is this council’s best customer.” One element of this act, however, does make it different from all others placed before the council: If the municipality rejects the act, it will then be placed on the ballot at the next election for the town’s residents to decide. To get an ordinance before the council involves significant work. The petitioner must obtain the signatures of at least 10 percent of the total turnout of registered voters at the prior local town election, a little over 800. In Gargano’s case, he exceeded this by obtaining over 900 signatures. The public hearing and final vote for the Sunshine Act will be held on Aug. 23 at town hall.