Says she is withholding information on budget
By: Sharlee Joy DiMenichi
Councilman Ted Van Hessen is calling for the firing of Township Manager Barbara Sacks.
Mr. Van Hessen said the manager had not adequately responded to requests for information on the proposed township budget and that he believed she has created a climate in which access to public records has become unnecessarily difficult.
Ms. Sacks, who was hired in November to replace former Manager Matt Watkins, said Mr. Van Hessen was overstepping his authority as a council member.
Mr. Van Hessen made his demand during a press conference Wednesday afternoon.
He had told council members during Tuesday’s meeting that he planned to introduce a resolution at the Feb. 25 meeting calling for Ms. Sacks to be removed from office. Mr. Van Hessen said during the meeting that he had requested specific information on the Police Department budget following a workshop meeting on that portion of the budget. He said Ms. Sacks had responded by telling him he was violating the law. He said he then felt forced to file formal requests for the information under the Open Public Records Act.
He said it was unacceptable for elected officials to be denied access to township documents.
"For the past number of weeks I have found myself in a truly untenable position," Mr. Van Hessen said.
Mayor Frank Gambatese asked that discussion of such a resolution, because it was a personnel matter, be held in executive session.
Mr. Van Hessen disagreed. He left shortly afterward.
Ms. Sacks said Tuesday she believed Mr. Van Hessen was violating the Faulkner Act, which outlines how the major forms of New Jersey municipal government work. Under the Faulkner Act, only the council as a whole can give direction to the township manager in a council-manager form of government.
"The council as a whole directed me to do one thing and he directed me to do the opposite," Ms. Sacks said.
She said Wednesday before the 3 p.m. press conference that she has directed her staff to provide Mr. Van Hessen with the documents he has requested, including reports and memos regarding overtime pay for police officers, police schedules and police salary figures broken down by rank.
During Wednesday’s press conference, he reiterated his claims that the manager was withholding information from him. He said he was not accusing Ms. Sacks of unethical or illegal behavior and that he wanted the council to hold a special meeting to discuss Ms. Sacks’ policy regarding the release of documents.
Mayor Gambatese, who showed up at the press conference, called Mr. Van Hessen’s claims baseless. He said Wednesday night that he had talked with all the directors of all the departments and "all of them have said they think Barbara is a great manager."
Council members Carol Barrett and Chris Killmurray could not be reached for comment. Councilman Edmund Luciano, who was not at Tuesday’s meeting, refused comment.
At the press conference, Mr. Van Hessen distributed a ¾-inch thick packet of e-mails and other documents he said showed that he was being denied information. The packet included an exchange in which Mr. Van Hessen asked Ms. Sacks to invite the police command staff to a council meeting to discuss the Police Department budget. He also asked for reports and memos regarding overtime pay for police officers, police schedules and police salary figures broken down by rank. He also asked for the manager’s analysis of the information.
"Finally please make certain that members of the Command Staff are present at that meeting to respond to questions directly," the e-mail reads.
Ms. Sacks denied the request "In accordance with the wishes of the majority of the Council," according to e-mails distributed by Mr. Van Hessen.
In addition, Ms. Sacks’ e-mail said that Mr. Van Hessen’s request "is a violation of the Faulkner Act which could result in ‘disqualification as a council member’ and could result in disciplinary proceedings against employees who violate this."
Mr. Van Hessen said at the press conference that he corresponded with Ms. Sacks because she had suggested at a Saturday budget meeting that council review the School Resource Officer program, which assigns police officers to township schools. Mr. Van Hessen said Wednesday that Ms. Sacks asked council members to e-mail their questions to her after the meeting to allow her time to confer with Ralph Palmieri, township chief financial officer, who was absent from the police workshop meeting.
He said Ms. Sacks was attempting to prevent him from getting the information he needs to do his job as councilman.
"It’s clear to me that it is not OK for Ted Van Hessen to ask questions," Mr. Van Hessen said Wednesday.
Ms. Sacks, however, said Mr. Van Hessen was free to ask questions but was prohibited from giving her, or other employees, directions without consent of the entire council.
"One council member cannot order employees around," she said Tuesday.

