Gloucester County freeholders await ruling on whether their new advisor is enough

Under fire for conducting public business behind closed doors, the Gloucester County freeholders recently appointed a retired judge to advise them how to be transparent.

On Tuesday, a state Superior Court judge is expected to tell them whether hiring an adviser is enough.

Last summer, an appeals panel found that the county government violated the state's Open Public Meetings Act by creating positions and approving settlements in closed sessions. A few months ago, another panel found that freeholders breached the Open Public Records Act by refusing to produce copies of some legal settlements, another transparency issue.

Judge Francis Orlando Jr., who sits in Camden, is scheduled to hear arguments on Tuesday over whether an independent monitor should be named to make sure the freeholders comply with the meetings law, often called the Sunshine Law. As part of an appellate ruling handed down in August, the judge was asked to decide whether there was "a pattern of wrongful conduct" and whether corrective action was warranted.

Mark Cimino, a lawyer who represents David Burnett, a Clayton Borough resident and former director of the county Republican Executive Committee, is pushing for the court to appoint a monitor. He says one is needed in light of more than 60 alleged violations of the Open Public Meetings Act.

The appointment of retired state Superior Court Judge M. Allan Vogelson as compliance officer by the all-Democratic freeholder board a few weeks ago, Cimino said, was full of problems.

Among them, Cimino said, is that Vogelson is not independent because he works for the Parker McCay law firm, which the freeholders employ as special counsel. Last year, the firm was paid nearly $500,000 for its county work.

"The public needs someone who is not hired by the county, who will report directly to the court on whether or not the county is complying with the law," Cimino said.

But Michael Sullivan, who represents the county, said in a letter that Vogelson had agreed to provide free advice on the "constantly evolving area" of laws that deal with transparency and privacy. He will "assist in assuring" that the county complies with the law and also will hold training sessions for county officials and administrators.

Freeholder director Stephen Sweeney, who is also president of the state Senate, did not return calls for comment. But he said in a release that the board was "committed to promoting transparency."

Republicans running for two freeholder seats in the fall election have seized on the transparency issue. They say Vogelson's appointment is an attempt by the board to circumvent court intervention.

"The timing of the freeholders' anointing of this alleged independent monitor is very interesting," said GOP candidate Larry Wallace. "Hopefully, the judge will rule for a true independent neutral monitor that answers only to the court."

Running mate Vince Nestore said the freeholders should "know right from wrong" when conducting meetings.

The two candidates are running against Democratic newcomers Heather Simmons and Robert Zimmerman.

Simmons said she played no role in the appointment because she is not on the board, but that if elected, she would carefully review the compliance officer's qualifications.

"The notion that it adds a layer of transparency and accountability is a responsible thing to do," she said.

Cimino said he did not object to Vogelson's assisting the freeholders, but still believed an independent monitor was needed to inform the court and the public if there are problems.