Manager changes access to records By kathy baratta A
In the midst of the debate accompanying the Township Council’s proposal to name a police director, Township Man-ager Jacqueline Ascione issued a March 6 memorandum to all municipal department heads regarding press access to public documents and other information.
The memo states that "all work records, documents, correspondence, worksheets and internal memoranda generated or received by all employees of the township is township property."
It goes on to state, "all public requests for records shall be directed to either the township clerk or the township manager. All document requests from the press shall be referred to the township manager for reply."
In other words, all requests must be granted or denied by one person.
Ascione’s edict drew fire from the attorney representing Police Chief Ronald Carter, who called it a "gag order," and from Monmouth County Prosecutor John Kaye, who called it "preposterous."
Carter’s attorney, George G. Frino, of West Caldwell, said he has alerted the state Attorney General’s Office and is calling for an investigation.
Paul Loriquet, a spokesman for the attorney general, said Frino’s letter and Ascione’s memo have been forwarded to the Division of Criminal Justice and the Division of Law for review.
Kaye, meanwhile, said he would direct Howell police to follow a 1997 Executive Order signed by Gov. Christie Whitman that requires police to provide information to the press in a timely manner.
Subsequent to March 6, the News Transcript attempted to gather weekly Police Beat reports; the information was previously readily available to the press.
However, a reporter last week was denied access to the records by a police dispatcher who cited a recent change in policy as the reason for the denial. The dispatcher said the police chief was not available to OK the access.
When contacted by the News Transcript and informed of this development, Carter said, "it’s confusing. No one really knows what the township manager wants."
Carter said as he sees it, the current, correct protocol would have been for the dispatcher to direct the reporter to contact either the township clerk or township manager for the necessary permission to access the records. The chief acknowledged that the information sought is public record and was previously freely available to the press.
After listening to the contents of Ascione’s memo, John J. O’Brien, executive director of the New Jersey Press Association, said, "Memos like this are the reason we are in the legislature today trying to extend the right to know. It’s because of officials like this who snub their noses at the public’s right to know."
O’Brien acknowledged that a police department would be within its rights to name a public information officer to whom members of the press could direct inquires for information.
He questioned what would happen if the township clerk or township manager is that designated person and is out of the office for a week or more.
Frino said he referred the matter of the March 6 memo and its contents to the offices of the county prosecutor and the state Attorney General, requesting an investigation "to determine whether any illegal activity by Howell officials has been or is being committed."
He called Ascione’s directive a "gag order" that was an attempt to "…restrain any public employee from contact with citizens or media inquiries," adding that it was "particularly offensive in view of the intense public outcry over the proposed creation of a police director."
Frino said Carter wants the public to know that since last fall there has been what he called an "…organized pattern of civilian and political interference that has progressed to the point of jeopardizing the public welfare."
Said Frino, "the township manager is literally trying to shut down the press. I have never seen such a thing as the arrogance of this administration."
Kaye called Ascione’s memo "preposterous" and contrary to Whitman’s 1997 Executive Order which requires police departments to provide information to the press. He said he will send a "superseding order" to Howell officials directing that police records be made available to the press.
"This is just another level of bureaucracy with the township manager setting herself between the people and documents," the prosecutor said.
Messages left by the News Transcript for Ascione, Mayor Timothy Konopka and other members of the Township Council were not returned, with the exception of a call from Councilman Reinhard Kirchhof, who said he was not aware of the contents of Ascione’s memo.
An offer by the News Transcript to provide Kirchhof with copies of materials quoted in this story in exchange for a subsequent comment was accepted. However, following his receipt of the material, Kirchhof did not provide a statement for inclusion in this story.