Candidate Sues Barnegat Twp. Committee Over Meeting Policies

BARNEGAT, NJ — A candidate for Barnegat Township Committee has sued the township and its committee members. The lawsuit claims the committee's adjusted protocols for accepting public comment during the coronavirus pandemic break state law.

Attorney Walter M. Luers filed the lawsuit to Ocean County Superior Court on Charles Cunliffe's behalf. Cunliffe is running for Township Committee on the Democratic ticket but is suing in his capacity as a constituent who participates in public comment.

The Township Committee hasn't allowed the public to attend its meetings since April 7 — the governing body's first meeting since the beginning of New Jersey's coronavirus state of emergency. Officials have live streamed each session.

Normally, constituents have the opportunity to take turns and recite public comments to the committee and speak with officials during meetings. During the pandemic, the Township Committee required the public to email comments to the municipal clerk at least two hours before each meeting, which are then read out loud.

The lawsuit claims this policy violates the Open Public Meetings Act and New Jersey Civil Rights Act.

"The right of Plaintiff to speak and address the Defendants at their public meetings during those meetings is a right protected by the New Jersey Constitution and the United States Constitution," the lawsuit says.

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Defendants include Mayor John J. Novak, Deputy Mayor Pasquale "Pat" Pipi, Township Administrator Martin J Lisella, and Committee Members Albert Bille, Linda Kropf and Alfonso Cirulli.

Township Attorney Christopher J. Dasti says the township's policies follow the law.

"I have received the complaint filed by candidate Cunliffe," Dasti told Patch. "The Township has done everything in compliance with the law and will aggressively defend the matter."

Cunliffe requested that the court orders Barnegat officials "to comply with all of the OPMA in the future." He also seeks unspecified damages and costs covered for the lawsuit and reasonable attorney fees.

Read more: NJ Coronavirus, Reopen Updates: Here's What You Need To Know

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