HIGHTSTOWN: Councilman Musing resigns

By Doug Carman, Staff Writer
   HIGHTSTOWN — Dimitri Musing resigned from the Borough Council on Tuesday, a week after protesting the council’s resistance to immediately acting on a resolution that he claimed would protect its members from personal liability in lawsuits brought against them.
   The now-former councilman, who served a year and a half of his first term, sent a resignation letter to Borough Clerk Debra Sopronyi that was similar to the statement he read during the council’s April 4 meeting.
   He said during that meeting that each member of the council, as well as members of each municipal board and every borough employee, can be personally sued for conducting borough business, even in good faith, and the borough was not obligated to cover for their defense. Mr. Musing cited this as the reason for his decision to leave the governing body.
   ”Eight days have passed, during which time I joined a fellow council member in requesting a special meeting of the members of council to get a resolution and/or ordinance in place to put this issue to rest. Nothing has occurred to date,” Mr. Musing wrote in the letter. “It is because of this that I provide all of you with my resignation as a Council member of the Borough of Hightstown, effective immediately.”
   Mr. Musing, reached by phone late Tuesday afternoon, said, “I thought it was of that much importance that I decided to resign because of it.
   ”The issue needs to be resolved,” he said. “This issue is important for all the members serving on various boards … every single volunteer in the Borough of Hightstown.”
   Walter Sikorski, the Democratic municipal chairman for Hightstown and a former Borough Council member, said he needed to wait for a legal opinion from the county before the Democrats can decide whether to hold a special meeting to nominate Mr. Musing’s replacement or whether they will have a special election.
   Check Friday’s edition of the Windsor-Hights Herald for further details.

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The complete text of Mr. Musing’s resignation letter follows:
To my fellow Governing Body Members and the Public:
   When I ran for public office approximately one year and one-half ago, and then subsequently assumed the position of Councilmember, I did so with a sincere desire to provide a public service to my community. The role of Councilmember is an extremely important position, and I do not take it lightly. I know that I have been entrusted by those who elected me to perform public work on behalf of the Borough to the best of my ability. However, in assuming this position, it was always my understanding that I would be protected from personal liability and exposure should any litigation occur as a result of the good faith performance of my duties on behalf of the Borough. In my opinion, that was a rational presumption, since I cannot fathom any reason as to why an individual would ever wish to run for public office if they were not certain that they would be protected when providing public service in good faith. I question why anyone would ever wish to put their financial well being, or the best interests of their families, at stake for performing the tireless duties of a public servant.
   I have been inquiring about this issue, generally, for some time, regardless of any specific matter of Borough business that happens to be before the Mayor and Council. Recently, I have been advised by the Borough Attorney that there is, in fact, no provision under existing New Jersey law which requires the defense and indemnification of local government officers by the municipality relating to their official duties. I have been told, rather, that the law simply allows local government entities to provide for such defense and indemnification at their sole discretion. Moreover, I have been advised that there is no local legislation currently in effect in Hightstown which provides for the defense and indemnification of local government officials in such cases. Although I understand that there may be insurance coverage available, I am not satisfied that this provides sufficient assurances for me to risk my own well-being, and that of my family, against what may be frivolous lawsuits. Anyone can sue another person in the State of New Jersey. I understand that a lawsuit may be found to be frivolous; however, there are actions which must be taken, and expenses which must be paid, prior to obtaining a dismissal of such litigation. Without assurances that I am covered, and that I am not hanging out on a limb personally exposed, then I am simply not willing to risk my family’s financial well-being in order to perform work as a public servant.
   Moreover, I cannot rely on the whims of this or any other Governing Body to protect me on a case-by-case basis. I requested that my fellow Governing Body Members take immediate action to enact an ordinance that would put this issue to rest by providing all Governing Body Members, employees of the Borough and other public officials with assurances that, so long as they are acting in the good faith performance of their official duties for the Borough, they will be protected against litigation. Eight days have passed, during which time I joined a fellow council member in requesting a special meeting of the members of council to get a resolution and/or ordinance in place to put this issue to rest. Nothing has occurred to date. It is because of this that I provide all of you with my resignation as a Council member of the Borough of Hightstown, effective immediately.
Sincerely,
Dimitri Musing
Council Member, Hightstown Borough
[email protected]