T.F. council declines to censure member

The Tinton Falls Borough Council last week decided against censuring a council member who used his personal e-mail to distribute a proposed resolution opposing an application before the Zoning Board.

Michael Skudera The council held a special meeting on Feb. 10 to consider whether to take formal action against Councilman Michael Skudera, who e-mailed a draft resolution to council members and residents using his personal e-mail account on Feb. 3.

"I don't feel that this rises to a level where we censure a colleague," said council President Gary Baldwin at the meeting.

The council could not come to a decision on what policy changes would be put into effect following Skudera's actions, which sought to have the resolution added to the agenda for the Feb. 3 meeting.

The proposed resolution stated the council's opposition to two controversial proposals to build asphalt-manufacturing plants on Shafto Road.

Instead of censuring Skudera, the council voted 4-0, with Skudera abstaining, to instruct Director of Law James Berube to draft a resolution upholding the self-governance of the Zoning Board.

"The meeting was simply called or requested by the council members who were concerned about the events that occurred at and since our last meeting, which was Feb. 3," said Baldwin.

In a heated exchange, Berube and Skudera's attorney, Scott Mooney, disputed case law with Berube arguing that Skudera intervened in an application that had not yet been decided.

"As far as I understand, Mr. Skudera has not gone in front of the Zoning Board," Mooney said, adding, "I still do not see what Mr. Skudera may or may not have done to bring rise to censure."

"I think that this discussion is inappropriate for a council meeting because if there was a particular period where these issues were raised in advance, and case law were provided in advance and perhaps opinion between council were placed in the record, then this would be very good," said Berube.

"How is Mr. Skudera going to adequately defend himself then? Since he is eventually facing censure here which unfortunately I disagree with Mr. Baldwin on," said Mooney. *

One of the main objections to Skudera's use of e-mail was outlined by Baldwin, who said the council had agreed last year to set a policy requiring one-week advance notice be given on any items to be placed on the agenda. That would provide members of the council and the public advance notice of the subject to be discussed.

According to Baldwin, this was a policy that Skudera effectively enforced as the previous council president.

Skudera sent an e-mail with a proposed resolution for consideration at the Feb 3 meeting.

"I wrote and sent to the borough council and mayor opposing the two proposed asphalt plants in Tinton Falls. I have encouraged council to add this to the agenda for tonight's meeting and vote in opposing the asphalt plants," Skudera said in the e-mail.

The resolution urged the borough to memorialize its opposition to the asphalt plants being constructed and support passage of zoning ordinances and/or amendments to prohibit the construction of more asphalt plants.

The resolution did not appear on the Feb. 3 agenda.

"At Tuesday night's meeting, I presented council with a resolution that I wrote to oppose the two new asphalt plants from being constructed in Tinton Falls. I was interrupted by the administration and told to silence myself," Skudera said in a subsequent e-mail sent on Feb. 5.

As council president, Baldwin declined to approve Skudera's request to add the resolution to the meeting agenda.

"I did not approve Councilman Skudera's request to amend the agenda on Feb. 3 and include a proposed resolution that he put together and e-mailed earlier in the day to each of us on the council which I did refuse to have on the agenda guided by the policy that we have accepted," Baldwin said.

Skudera subsequently sent e-mails on Feb. 5 and 10 stating his position.

"Now the board and the administration are saying that it was improper for me to even discuss a resolution that I wrote regarding the asphalt plants and the entire process would be tainted," Skudera said in a Feb. 10 e-mail.

Baldwin also raised the issue of whether council members should use their personal e-mail account when conducting borough business. He said the council decided last November that all borough business would be conducted through the borough's email server system.

Baldwin turned the meeting over to Director of Law James Berube, who led a discussion on borough policies and procedures regarding agenda additions and public comments by borough officials on pending applications before boards and commissions before opening the floor to public discussion.

Skudera remained quiet throughout the meeting and abstained from commenting until the end of the meeting.

"In the past, I have talked about my resolutions for the reports section and for this I have done no different. For this one, I did not make a motion to have council vote to include it on the agenda. I didn't even get to the part where I could explain to council what the resolution even was and that's where I was cut off," said Skudera.

The resolution is listed on the agenda for discussion during the workshop portion of the regular Borough Council meeting scheduled for Feb. 17, 7:30 p.m. in the Municipal Building.