The Bayonne Public Advocate Takes Action: Suit filed against the Port Authority & BLRA

<p class="MsoNormal">Today I filed a motion in the Superior Court of New Jersey Chancery Division Hudson County against the Port Authority of New York &amp; New Jersey and the Bayonne Local Redevelopment Authority. That document is attached to this post.<o></o></p>
<p class="MsoNormal">The Bayonne Public Advocate was created earlier this year to get information into the hands of the people. Information about what your own government is doing, information that they would rather obscure from you. I have spoken about the need to not only have that information but to take action based on that it. I have said that it is not enough to rail against the wrong doings of public officials and agencies online, you must act on these issues.<o> </o></p>
<p class="MsoNormal">We as a public attempted to act on a very important issue with the BLRA at the September 20^th, 2007 meeting. We told the BLRA with one voice that we did not approve of the Port Authority deal. They did not listen and they acted against the public interest. That was the day that I knew something more needed to be done. That was the day that I got the idea for the Bayonne Public Advocate.<o> </o></p>
<p class="MsoNormal">We as a public took the next step and sought help from our city council. Unfortunately things were already in motion regarding the Port Authority deal. In their haste to make a deal a legal loophole was discovered by the International Longshoreman’s Association, who was also against the deal at the time. The Open Public Meetings Act was violated. The city council put pressure on the BLRA to have a new meeting to consider a new suitor, a higher paying suitor that would provide the Bayonne Public with a proper value for the land. The BLRA did have a new meeting and did choose a new suitor.</p>
<p class="MsoNormal">However the damage was already done. The Port Authority sued the BLRA, further putting the best interest of the taxpaying citizens of <st1lace w:st="on"><st1:city w:st="on">Bayonne</st1:city> <st1:state w:st="on">NJ</st1:state></st1lace> in jeopardy. In the interim the Port Authority got to the ILA as well. Now instead of being against the Port Authority deal, the ILA is magically for it. One doesn’t have to be a genius to see that something occurred in a backroom somewhere for this to happen.<o> </o></p>
<p class="MsoNormal">Now it should be noted that at any time the BLRA could have, and SHOULD have filed suit. They should have done exactly what I did today, and filed a Complaint in Lieu of Prerogative Writ. Unfortunately for me, being a member of the public, unaware of the legal rights I had in this case, I thought there was no avenue for remedy for me as a citizen.</p>
<p class="MsoNormal">In the intervening time I have discovered this was wrong. I discovered that under the OPMA law, any member of the public could file a motion stating that a meeting was illegally held. That is what I have done today. I have done this without the aid of a lawyer. Indeed most <st1:city w:st="on"><st1lace w:st="on">Bayonne</st1lace></st1:city> lawyers did not want to touch this case. I spent time questioning the city legal director Jay Coffey on the matter along with other officials, and I spoke with a number of legal minded friends informally. In the end I decided to piece together the information I had and file a legal motion myself.<o> </o></p>
<p class="MsoNormal">However, make no mistake that the chips are stacked against the little guy. The OPMA calls for a motion to be filed within 45 days of the meeting being held. I am outside of that 45 day time limit. Therefore when the judge hears my motion, I must somehow compel the judge to consider my motion despite the fact that I am outside of this time frame. However, the intent of the OPMA law is clear. It exists not to protect the Port Authority or the BLRA. It exists to protect the members of the public, you and I. Because I enter into this case with no vested interest other than public interest, I believe that the judge will be willing to hear what I have to say.</p>
<p class="MsoNormal">Part of being a Public Advocate is being an idealist, an eternal optimist. I must believe that some good will come of this motion. Even if I do not win at least the public, the REAL public, was heard from. Also, it will put every city agency and public official on notice. I am not just here to write opinion on a web board. I am not just here to attend meetings and ask questions. I am here to take action. The Bayonne Public Advocate is here to advocate for the public and take action. No longer should any public official sit in complacency in <st1lace w:st="on"><st1:city w:st="on">Bayonne</st1:city></st1lace>, assuming that its citizens will go along with whatever is given to them. Today we fight back.</p>
<p class="MsoNormal">Complaint in Lieu of Prerogative Writs v the PA &amp; BLRA</p>