Posted on Fri, Jul. 4, 2008
A Superior Court judge in Camden yesterday invalidated the creation of an elections superintendent in Gloucester County because the freeholder board held discussions about the matter behind closed doors.
But Judge Francis Orlando also dismissed more than 50 other challenges that plaintiff David B. Burnett had filed against the freeholder board for violating the Open Public Meetings Act.
Burnett's attorney, Mark Cimino, said those challenges were dismissed because they had been filed after the allowable deadline.
The Democratic-controlled freeholder board voted in January to create an elections superintendent, who would be appointed by the governor, to replace the four-person, bipartisan elections board.
Burnett, the former director of the Gloucester County Republican executive committee, said the freeholder board violated the law by discussing the matter behind closed doors before taking a public vote, without open discussion.
"It's a win for the plaintiff and a big win for the public," Cimino said.
The freeholders probably will move to create the superintendent position again, said Matt Lyons, the assistant county counsel for Gloucester County.
Burnett has brought 63 "Sunshine Law" challenges against the county, Lyons said, failing in 62 cases. Earlier this year, Judge Orlando threw out challenges against a new courthouse project that calls for the sale of $98 million in bonds.
Burnett said the freeholders held 11 closed-door meetings with engineers, architects and other consultants on the courthouse project.
Contact staff writer Troy Graham at 856-779-3893 or tgraham@phillynews.com.
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