The Fourth and Final in a Series of Questions to the 2023 Berkeley Heights, NJ Town Council Candidates
(1) New OPRA reform legislation (still in the very early stages) is being proposed at the state level, prompting at least one city in NJ to pass an ordinance that seeks to protect resident’s rights under the current law. If elected to the council, would you be interested in passing an ordinance that minimally ensures Berkeley Heights Residents have the same rights and access to public documents as they do today if this law were to pass? Could the Township do more about making public information available in a way that would preclude OPRA requests from even being necessary, and what steps could be taken to accomplish this?
(2) There is a feeling or belief among some residents that appointments to committees in both government bodies (BOE’s and Town Council) are based on a political formula, that the process of getting involved/selected/appointed remains nebulous, and that the influence of these committees has at times been problematic. Do you believe there is merit to these perspectives? If so, what would you propose as a town council member to improve committee selection and work product transparency?
Responses Listed in the Order they Were Received, a response from Mr. Machado was not received:
I fully support the idea of a transparent and open government, especially considering the taxpayers have paid for this information. I may be mistaken, but I can’t imagine there are many circumstances at the local level of government that require information to be private or classified as is in the military. The obvious examples aside (personal private information, etc), if the taxpayers are funding it they should be able to access it. When secrecy and covertness is perceived by the taxpayers, public trust is lost. The Township could take steps to foster transparency and garner public trust, like automatically posting certain documentation, meeting minutes, etc to a public government website or server that is routinely maintained and updated with such documents.
I can tell you from my very short political career that the feelings and beliefs that some residents have are rooted in truth. The committees attempt to control access to these offices and governmental bodies through “endorsements” and stamps of approval. As a newcomer to this arena, this strikes me as the opposite of what seeking elected public office should entail. I find the idea of committees operating in the name of “the party” while serving as gatekeepers abhorrent to the democratic election process. The committees circle their wagons to protect their control and endorse “approved” candidates who forward the narrative that serves them, not the will of the people.
Tom and I have made it this far without the approval or assistance of any committees, without bending the knee to any committee which scares the old guard. It shows that the status quo is being questioned, and despite those feelings about nebulous political formulas, the voice and will of the people will be heard. Committees that don’t honor the will of the people while pretending to serve their party’s best interest neither represent the people nor their best interests.
As stated in the question, OPRA reform legislation at the state-level is in its very early stages. Until there are bills with broad support proposed, it is impossible to know what direction these reforms may take. I do not support adding ordinances “just in case” and therefore advocate keeping watch on the discussions in Trenton. The current township administration makes information available on the website. Whenever I find things missing, and I bring it to the administrator’s attention and they are added promptly. As a council member, I will encourage the administration to continue the practice of making information easily available on the township’s website.
Regarding Township Committees, all perspectives have merit but I do not agree that there is a “political formula” behind these appointments. Having served on both the Historic Preservation Committee and the Planning Board, I have not seen this to be the case. I believe improvements can be made in the volunteer application and appointment process, but I cannot make specific recommendations until I understand the process better. I will make inclusion a priority as an elected official.
Edmund Tom Maciejewski on Promoting Transparency and Involvement in Berkeley Heights
As an advocate for open government and transparency, I, Edmund Tom Maciejewski, have consistently championed these values for our town. My dedication has been instrumental in enhancing transparency and fostering participation within the Town Council and Board of Education.
Our town charter embodies the principle that residents should be equal stakeholders in governance, including the ability to call for a referendum. The Open Public Records Act (OPRA) is a vital tool that offers our residents insights into the workings of our town government. If elected, I’m resolved to enshrine the most significant provisions of OPRA into Berkeley Heights law. My earlier efforts as a resident witnessed me gathering approximately 500 signatures in support of the “Berkeley Heights Sunshine Act.” Unfortunately, the initiative faced opposition from the then Mayor and Township Attorney, sidelining it from reaching the Council’s agenda for a vote.
As a future councilman, I pledge to rekindle this initiative alongside other measures aimed at transparency. My belief is steadfast: true transparency is not merely about being open but actively involving residents in pivotal town decisions.
Rethinking the Role of Township Advisory Committees
Concerning township committees, I strongly feel that they should operate independently from the immediate influence of the town council and mayor. Genuine advisory entities require genuine autonomy. The current setup, where the mayor proposes committee members for council endorsement, raises eyebrows. When a committee in Berkeley Heights seeks members, turning away eager volunteers isn’t the way forward. Compounding this, the town has recently imposed rules barring the public from these committee sessions.
Such a structure—a committee molded by the mayor, sanctioned by the council, yet veiled from public view—threatens to dilute the essence of public participation in governance. For advisory committees to genuinely resonate with the public’s voice, they must function independently of the Mayor and Council.
Demystifying OPRA for the Unacquainted
For those just getting acquainted with OPRA, it stands as a pivotal New Jersey legislation from 2001. Key benefits of OPRA include:
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Transparency and Accountability: Upholds government transparency by enabling public access to government documents.
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Informed Citizenry: Access ensures citizens remain informed about public agency undertakings, nurturing an informed and proactive community.
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Checks and Balances: Transparency in government operations checks potential misuse of authority.
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Support for Media and Researchers: Media professionals and researchers rely on public records to monitor and scrutinize government functions.
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Protection of Rights: OPRA-secured information equips citizens to defend their rights and challenge perceived government oversteps.
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Elevated Governance: Anticipating public scrutiny often catalyzes improved decision-making within public entities.
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