Council lets the issue die
SOMERS POINT — Despite multiple members of the public urging participation in the countywide municipal court system, City Council opted to do nothing — actually nothing.
Resolution 185-2021 to approve an agreement with Atlantic County to join its new system was on the agenda Oct. 28. After City Clerk Lucy Samuelsen read it by title, Council President Janice Johnston asked for a motion to adopt and was met with a long silence.
Councilwoman Karen Bruno finally made the motion, which was followed by another long silence during which no one seconded it.
Finally, someone made a motion to table the resolution but the vote failed 4-3, with Bruno, Councilman Howard Dill, Councilman Sean McGuigan and Councilman Mike Owen voting no and Johnston, Councilwoman Stacy Ferreri and Councilman Joe McCarrie yes.
Since the vote to table failed, the original motion to adopt was still active and another silence ensued before it was determined that if nothing was done, the issue would just die. And it did.
Reached the following day, Johnston said she thinks “some of the council members just haven’t made a decision.”
“When it came down to it, it was not going to be a unanimous decision,” she said.
Johnston said she has seen the presentation by County Counsel Jim Ferguson and retired state Superior Court judge Mark Sandson multiple times and noted the county answered all of the questions city leaders had. However, she said, there is still uncertainty about overtime expenses for the police department and other issues such as the budget.
Prior to the vote, several members of the public spoke, mostly in favor of adopting the resolution.
Jud Moore, a city resident who is CFO of Weymouth Township and Estell Manor, provided an inventory of documents he said he obtained from Ferguson’s secretary, including information about an indemnification agreement and caseloads.
He said the “indemnification agreement has been cleared up,” citing a document signed by Ferguson stating the county would indemnify the city if any municipal court employee sued the city upon dissolution of its court system.
City solicitor Tom Smith refuted that the document is the final word, saying only the Atlantic County Board of Commissioners and Executive Dennis Levinson have the authority to approve an indemnification agreement.
“This is just intent, this is not an indemnification agreement,” Smith said.
Moore said documents indicate the city would save $148,876 a year, or 47.76 percent, by dissolving its court and joining the county. He said even if the city spent $100,000 for police overtime, it still would save enough to cut a penny off the tax rate.
He also argued that many court sessions will be held remotely via a Zoom-type service.
“The days of people coming to court is pretty much over,” Moore said.
He cited figures showing that of 2,945 cases in the county the week of Oct. 11, there was only one case that would have to be heard in person, involving driving while intoxicated. In September, there were 4,149 court cases combined for Atlantic and Cape May counties with only 11 in person.
“That shows you that overtime may come nowhere near that, based on these actual statistics,” he said.
He also mentioned the social services aspect, noting the county system promises treatment rather than penalty to help people break the cycle of recidivism.
“I don’t understand any reasons why you would not want this when you see the numbers and how much we can save,” he said.
According to the presentation by Ferguson and Sandson, which they delivered to every municipality in the county over the past seven or eight months, the county, state and state judiciary system are overseeing the new court system and would provide a kiosk in every municipal hall so that people without access to broadband internet could participate in court cases remotely.
Smith said that issue is among those that remain unsettled, adding that the burden to man them may fall to the municipality.
After Moore presented facts and figures to support his argument, Pat Pierson stood up and asked City Council to vote in favor of joining the county. But she also made unfounded accusations about nepotism and self-interest.
“I hope, I implore you not to be so haute and not to have so many of your relatives working that you would keep that court here,” she said. “It makes no sense at all.”
Pierson agreed with Moore that the social service aspect is important.
“The judge sat here for an hour and told you about social services — drug addicts, alcoholics — he said the court in Mays Landing is going to have the best available help for these people and they would be given some hope and some help,” she said. “In Somers Point, you’ve got the court. What are you gonna give? What type of hope and help are you people going to give them and the court? The bottom line is, this is so foolish and so crazy.”
Pierson also accused Dill and McGuigan of being conflicted on the issue since they have sons on the police department.
“You’ve gotta think about all that you’re doing. You’re playing a game here and it’s a bad game. And in my opinion, you have two council members who have policemen as sons should not be voting on whether we have a court. That is not ethical in my book,” she said.
Carol Derby exhibited more decorum, saying she has paid taxes in the city for 40 years and it should be an easy decision.
“I think this is a total no-brainer to join and consolidate,” she said. “We don’t consolidate enough here in these small towns. I think it’s time we really need to seriously consolidate.”
The next speaker, Theresa Dougherty, also suggested City Council members were not putting the city first when making decisions. She said after hearing the presentation by Ferguson and Sandson, she was “kind of shocked that anyone would find any problems with that.”
Then she accused City Council of keeping the court to benefit their friends and families.
“Some of you have close personal friends or people that would be affected by this, and I implore you whether you have to or not, it would be the right thing to do to recuse yourself if you have people that are going to be affected by this. … You need to think long and hard about whether it makes sense to participate in the vote,” she said.
“You really have to do what’s best for the community, not your friends, not your families, not special interests. You need to know the people you are working for,” Dougherty said.
Reached by phone after the meeting, Smith said it’s ridiculous to imply that City Council wants to keep its court for personal reasons. The court system has one employee who is in her 60s, plus a judge, prosecutor and defense attorney, all of whom could get work with the county, he said.
A Bay Avenue resident, who noted the PA system was not working well, suggested if City Council needed more time and more information, it should table the resolution.
He said he pays $25,000 a year in taxes for two properties, one at Harbour Cove Condominiums.
“Taxpayers deserve a break,” he said, adding he expects consolidation to happen sooner or later.
Smith said the decision is not as black and white as residents are implying, noting that if funding falls short of the budget, which has not been finalized with less than two months to go before initiation, then the municipalities would be billed for the shortfall and have just 30 days to pay.
“This is all so fluid, from day to day we’re not sure what’s happening,” he said. “There’s no penalty if you don’t join right now.”
Johnston said it was insulting for people to accuse council members of putting their self-interest before that of the voters.
“I make all decisions based on what is best for the city as a whole,” she said. “I try to get as much information as I can. That was disturbing to be accused of that.”
In other business, Councilman Howard Dill reported that the city received a $350,000 grant for paving and possibly curbs and sidewalks for Ocean Avenue from Shore Road to Steelman Avenue.
By CRAIG D. SCHENCK/Sentinel staff
