HILLSDALE—A resolution to provide the public advance copies of “draft” documents that will be up for a vote at a public meeting was defeated, 5-1, on July 11, after the borough attorney said that the borough clerk was following the law under the “advisory, consultative and deliberative” exemptions allowed by the state Open Public Records Act.
And as anticipated, Mayor John Ruocco’s conditional veto of Ordinance 23-11, due to large stipend increases for the mayor, council and qualified purchasing agent, was overridden by a 5-1 council vote, with Councilman Zoltán Horváth, Ruocco’s council ally, opposing the override.
Ordinance 23-11 sets maximum salary levels for municipal employees.
Documents fight
Ruocco had pressed to release draft documents in the name of transparency but the council as a body, led this year by Anthony DeRosa, has opposed early release of such documents, noting they have not been officially approved and also that the public may request them via a public records (OPRA) request the next day after council approves them.
The resolution, 23183, was put forth by Horváth, who worked with the mayor on crafting it, but most council members on the all-Republican council opposed it, noting that they were following state law.
Moreover, borough attorney Mark Madaio noted that providing “ACD” documents as links to the agenda might expose the borough to liability by revealing contracts or agreements that might then be revised.
He said providing draft documents as agenda links could reveal negotiating tactics, prior positions, and that was “the essence” of why council should not provide such documents. “A document is a draft until right up to the moment when you approve it,” Madaio said.
Councilwoman Janetta Trochimiuk asked Horváth for examples. Horváth said it would be “better government” to make these documents available.
Ruocco had cited nearly a dozen examples of documents not provided in advance that he believes should have been. (See “Ruocco, Horváth push to release draft documents up for council votes,” Michael Olohan, July 9, 2023, Pascack Press.)
Councilwoman Abby Lundy said that it’s an old discussion and that the borough clerk is following state law. She said the council was “very transparent” and that she “disagreed with the premise of this.”
Ruocco has written to the state Government Records Council and state Municipal Clerks’ Association for clarification on the use of the “ACD” exemption. He told the council that the GRC “casts doubts” on how the ACD exemption is used by municipalities to withhold draft documents about to be voted on.
He called the exemptions “a blunt instrument to keep the public ignorant of what is being voted on” noting a member of the public must then file a request to get the government record.
Veto override passes, 5-1
Under the salary ordinance, the mayor’s compensation increases up to a maximum of $13,000 yearly, a 44% increase over the current maximum; and the council members’ stipend increases 67% over the present maximum, to $10,000.
Moreover, the qualified purchasing agent’s salary jumped to $15,000, from a maximum of $6,000 yearly, or nearly 250%.
Near the meeting’s end, councilman John Escobar said that if the mayor and Horváth are “really that stand-up and righteous about this, then just don’t accept the raise. And if they do cash that check, then it’s hypocrisy at its finest.”