TOWNSHIP OF WASHINGTON—The Township Council on Nov. 9 authorized, 4–0, an investigation into who might have revealed closed-session information to the public over negotiations for 450 Pascack Road.
That work rests with longtime town attorney Kenneth Poller. It is unclear what Poller’s investigation would cost, or possibly turn up.
At the Nov. 9 meeting, several residents said they opposed the purchase of 450 Pascack Road if it was used for affordable housing, which prompted reactions from councilmen Tom Sears and Steven Cascio: both called for an investigation into how closed-session discussions on 450 had apparently become public.
“Somehow something got out somewhere,” Cascio said, noting Poller constantly reminds officials not to talk about closed-session items in public. Poller said he would conduct the investigation.
Council president Desserie Morgan, who was absent Nov. 9 due to a speech she was giving elsewhere that night, tells Pascack Press she is “in full support of having Mr. Poller investigate the closed-session leak.”
Morgan continued, “It will, at the very least, send a clear message to whomever leaked it, that we are taking this seriously. If it was leaked intentionally, it’s unethical and undermines our ability as a council to discuss closed session topics freely among one another and it’s a breach of duty.”
Poller said “the town sought to purchase that property either by purchase or condemnation” and noted the condemnation of the property was being litigated. That litigation, he said, is an exception to the Open Public Meetings Act
He said these exempt, closed sessions could include discussions of strategy, and “options you may or may not have under law.” He said there was a “lot of exploration” under litigation, noting 90% of what’s discussed in closed session “never comes to fruition.”
He said a closed session “is not just open-season to discuss things in private” but noted that they had to do with negotiations and the relationship between the township and the other parties involved.
“Nothing’s been decided. I just wanted to throw that out there,” said Poller. “If decisions are made, they’ll have to be made publicly. He said council members can offer opinions on a closed issue but not reveal closed door discussions that provide advantages to the town’s negotiating partners.
“Closed session is actually meant to protect the town and to give it the ability to deal with the other side better,” Poller said. “As far as the investigation is concerned that is something I will take up but not tonight.”
Despite residents’ concerns that actions were taking place behind closed doors — in this case and many others — Mayor Peter Calamari reassured residents. “No votes are officially taken in closed [session], that just can’t happen.”
Calamari said no votes taken in closed session would “bind the town.”