Delay in obtaining phone records frustrates resident

At a Jackson Township Committee meeting last April, a citizen approached me with concerns over municipal cell phone bills. The citizen reviewed Township Committee meeting minutes and found that the township of Jackson has paid approximately $15,000 in cell phone bills for the first four months of 2003. This compared to a cell phone expense for the entire year of 2001 of approximately $3,500.

To investigate more, I completed a Right to Know request seeking copies of cell phone records for municipal employees and officials, excluding the police department. This request was presented to the township on May 2, 2003.

The Right to Know law demands that such records be produced for inspection at the time that the request is made or within seven days of that date. If the records cannot be produced within that time period, the township is required to advise the person requesting the records of a date by which the documentation will be produced as open records.

In total disregard of the Right to Know law, Jackson Township has failed to even advise me of when the records requested will be produced. On May 27, 2003, I submitted a second written request to the township clerk, who is the custodian of record. Again, I was denied prompt access to the records and not even told a date by when I could expect to receive them.

Faced with such denial, I was compelled to resort to legal action. As permitted under the Right to Know law, I have made application to the Superior Court of New Jersey to force Mayor Michael J. Kafton and Jackson Township to turn over these records as unlawfully withheld. A verified complaint and order to show cause was filed by the law firm of Stein, Supsie and Hoffman, Forked River, on June 9, 2003.

I am concerned that there may be potential abuse of the cell phones provided to township employees, as well as the members of the Jackson Township Committee, even if for official purposes. From currently available public records, I have determined that cell phones cost taxpayers of the township approximately $3,500 in 2001, but then approximately $25,000 in 2002 and now, as projected, $60,000 for the year 2003, if spending continues at such rates.

Justifiably, I am very concerned that these cell phones are not only being abused for official purposes, but also may be being illegally used for personal and private business of government officials, including members of the Township Committee.

A hearing before the Honorable Thomas O’Brien is set for July 25, at which time I believe a court of law will rule that there has been an unlawful denial of my requests for open public records and that this denial is the result of intentional and willful, egregious conduct on the part of certain officials of Jackson. It’s a clear violation of the Right to Know law and warrants punitive damages against the township and these government officials so that another violation of this law does not occur against any other taxpaying resident.

It is a sad day in Jackson when a resident is forced to file suit to obtain basic public information on how tax dollars are being spent.

Robert L. Slattery

Jackson