BRADLEY BEACH— Mayor Larry Fox is taking the borough council to court over what he claims is an attempt to interfere in administrative operations that state municipal law places under mayoral control in Bradley Beach.
A long simmering dispute between Mayor Fox and council members came to a head Wednesday, when the council agenda included the introduction of proposed appointments of several professionals which, according to the suit, the mayor “did not authorize or recommend.”
The introductions of the appointments of a borough engineer, borough auditor and labor attorney were approved by a 3-2 vote. Mayor Fox and Council President Meredith DeMarco abstained, Ms. DeMarco explaining that she had only just realized that she is a named defendant in the lawsuit did not feel comfortable voting on the resolutions.
Having seen the council agenda earlier in the day on Wednesday, the mayor sent a correspondence to the council naming Victoria Flynn, Esq. as his counsel at a rate of $150 per hour to represent him in the legal action.
According to the suit, Bradley Beach voters in a 1992 referendum under New Jersey’s Faulkner Act chose a “strong mayor” model of municipal governance, “designed for a mayor to be independent of council, in charge of the administration of the municipality.”
The preliminary statement of the legal complaint, states, “For more than a year, there have been attempts by Borough Council to infringe upon the authority of the Mayor, which has greatly interfered with the operations of the Borough. There have been attempts to resolve these disputes amicably, which have been unsuccessful. Thus, declaratory relief is required to delineate the legal roles and responsibilities of the elected officials.”
The suit seeks to enjoin the council “from approving appointments to the role of Borough Auditor, Borough Engineer, and Borough Labor Counsel unless those appointments are consistent with the recommendations of the mayor,” and to further enjoin it from “taking any action inconsistent with the roles and responsibilities established by State Law and the Borough Charter.”
On Thursday, May 25, New Jersey Superior Court Judge Richard W. English filed an order to show cause in the case, requiring the council to appear before the court on July 11 to provide cause for why it should not be enjoined from taking action on the appointments in question. The council must also respond to the order to show cause and request for injunctive relief by Thursday, June 8.
Additionally, the filing from Judge English puts a hold on the approval of resolutions 2023-172, -173 and -175 appointing certain professionals, which were initially passed at the May 24 council meeting. It further puts a hold on “Any and all actions taken by the Borough Council which infringes upon the authority granted to the Mayor of Bradley Beach in his role as Chief Executive Officer…until a Final Order and Judgment is entered in this matter.”
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