Brick Mayor faces unfriendly fire
GOP Council hammers mayor over ethics committee stance
BY PATRICIA A. MILLER
Staff Writer

MIGUEL JUAREZ staff Attorney Steven Secare and law partner Sal Martino leave a hearing in Superior Court Friday on Brick Township Mayor Daniel J. Kelly's lawsuit contesting mayoral appointments.

Don't use the "P" word.Brick Township officials and Mayor Daniel J. Kelly all agree that an ordinance establishing an ethics committee is a good thing. But they don't agree on who should serve on it.

Members of the GOP-dominated Township Council clashed with Democrat Kelly at the Feb. 6 caucus meeting, after he suggested that citizens, not council members, make up the new ethics committee roster.

"I'm more inclined to keep politics completely out of it," Kelly said. "Pick six people, six members of the community we all know...priests, rabbis, schoolteachers, principals, and let these people be the committee. Let them put the laws together. Five-year terms would keep politics out of it."

His remarks angered the Republicans on the council, who have a six to one majority. Councilwoman Kathy Russell is the lone Democrat.

Councilman Anthony Matthews, who helped craft the ordinance, was the first to fire back in a meeting punctuated with sharp remarks directed at the mayor.

"I don't believe there is politics involved in ethics," Matthews said. "I think we should be involved. We are community leaders. I believe people should understand we are gong to have an active voice in this, as well as the citizens, about what is going to happen in this community."

Council members have a responsibility as the legislative branch of local government, he said.

"We started when we took office in 2004 and that will not change, as long as we are around," Matthews said. "Ten years from now, we don't know who is going to be sitting here. Right is right and wrong is wrong, no matter what your political affiliation is."

Council President Stephen C. Acropolis said he was "heartened" that both political parties want an ethics board.

"That's a change from what it was several years ago," he said.

And Kelly was within his rights to disagree with the format, Acropolis said.

"But when you interject it's political, that's exactly what the newspapers report," he said. "They don't report that everybody is together on it. They report that the mayor says it's political. And those days, Mr. Kelly, are so far over in Brick Township."

"Please, it's Mayor Kelly," Kelly said.

"I said Mr. Kelly," Acropolis said.

"I know you did. It's Mayor Kelly," Kelly said."

Kelly said he was trying to voice his opinion.

"This is a forum to speak your mind," he said. "I'm not trying to make it political. I'm just trying to keep politics out of it. There's no Republican or Democrats. That's my point of view. I'm for it. I'm just saying can we do a better job."

Councilman Michael Thulen disagreed.

"You're indicating that a minister or rabbi or priest might be more righteous than myself," Thulen said to Kelly. "I gotta tell you, I think I know the difference between right and wrong just as well as they do. If you want to put three ministers on there, knock yourself out."

Councilwoman Kathy Russell said she has never thought that council members should serve on an ethics committee.

"I thought we should remove ourselves," Russell said. "I still believe that. I'm just telling you what I see as a weakness. I'll support it, no matter what."

The ethics ordinance is what the council "wants to make of it," Councilman Daniel Toth said. "

As long as we have it on the books, it's a great start," he said. "It's almost like the constitution. Even if you don't agree with how it's set up. It's a living document. It can be amended in the future. Things can change."

The ordinance, which is slated to be introduced at the Feb. 13 council meeting, calls for a committee composed of three Township Council members and three residents. The residents will be selected by the council.

"The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs," according to the ordinance.

Council members who serve on the committee will have one-year terms. Public members will serve no more than two years, the ordinance states.

The Township Clerk will serve as the ethics officer and will distribute the township code of conduct and state ethics law to all local government officers, including those who serve on township boards, and employees, according to the ordinance.

The ethics information committee, through the ethics officer, will have an e-mail address and a toll-free phone number anyone may call with questions or complaints about officials or employees. Anonymous complaints will not be sent to the committee, the ordinance states.

New township employees will be given handouts, then have to sign a sheet that they have read the ethics information and understand it, Matthews said.

"This pretty much keeps everybody accountable for their actions," he said. "We've been serious about it since we started. We're not looking to outside agencies to police ourselves."

Acropolis said it was "sad" that the council or any governing body has to legislate ethical behavior.

"But that's unfortunately the hand we have been dealt," he said. "And we will play that hand."

Acropolis said he planned to offer Russell a spot on the new ethics committee.

"We will make that offer," he said. "We'll try not to have that "P" word."