Friday, August 7, 2009

Hoboken sued for Meetings Act violation

I recently sued the Hoboken City Council on a single issue: Did the City Council violate the Meetings Act's "promptly available" mandate by refusing to disclose even redacted minutes of an executive session held approximately eight months earlier?

Instead of proceeding by summons and complaint, as I normally do, I asked the court to issue an order to show cause and to temporarily restrain the Hoboken Council, while the case is pending, from refusing to make the nonexempt portions of its executive session meeting minutes "promptly available." I requested the court, for the purposes of the temporary restraint, to define "promptly available" as "within 30 days after each meeting or prior to the next scheduled meeting, whichever comes first." This is consistent with the rulings of Judges Lawson and Perskie in my cases against Keyport Borough (Monmouth County) and Port Republic City (Atlantic County), respectively.

Hudson County Superior Court Assignment Judge Maurice J. Gallipoli denied my request for temporary restraints, but issued an order to show cause that will be heard on Friday, August 28, 2009 in Jersey City.

The order to show cause, verified complaint, brief and other case documents are on-line here.

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