HOBOKEN – This week, the Hoboken Planning Board’s attorney submitted a letter to the Planning Board stating that its members should not speak as citizens about development-related issues – or, for that matter, about other public issues – at public meetings, like for instance, at a City Council meeting.
The letter noted: “Even where a Board Member seeks in good faith to divorce themselves from their official capacity by commenting in a ‘personal capacity’ on a matter seemingly unrelated to their official capacity, problems often result.”
At least one member of the board was unhappy with the decision. Member Perry Belfiore, who often speaks at City Council meetings, said, “I don’t intend to be gagged by the Planning Board attorney. This is why Hoboken needs an Ethics Board and codified Rules of Ethics, or each board will function differently under different rules.”
A portion of the attorney’s letter follows:
RE: Attendance, Participation and Statements of Planning Board Members at other Public Meetings
Dear Chairman Graham and Members of the Planning Board:
You have requested my opinion in connection with the propriety of Members of the City’s Planning Board (“Board Members”) attendance at meetings of the City’s Zoning Board of Adjustment, other boards or commissions, or the City Council, as well as their participation in the public portion of those meetings. It is my further understanding that one or more Board Members has expressed a desire to speak before the Council regarding to matters not involving zoning or planning matters.
It is my professional opinion, based on applicable law briefly set forth below, that while Board Members are free to attend any City public meeting, they should refrain from making public statements in said meetings, even those not involving land use matters, as said statements could violate applicable ethics laws, present disqualifying conflicts of interest, or create the potential for an appearance of impropriety arising from said statements.
A Board Member’s making of statements in public meetings is problematic because of the Board Member’s status as a local government officer, regulated by the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq, not to mention the Member’s own quasi-judicial authority. A Member should not make statements at other boards, commissions or the Council’s public meetings in their capacity “as a Planning Board Member” or “as a Planning Board representative”. Such statements violate the Local Government Ethics Law and irretrievably taint a land use or other application or legislative process. In general, the Board Member is strongly cautioned from making any public statements outside their own public, on-the-record activities in connection with Planning Board meetings.
Furthermore, even where a Board Member seeks in good faith to divorce themselves from their official capacity by commenting in a “personal capacity” on a matter seemingly unrelated to their official capacity, problems often result.
Established case law holds that “a public official is disqualified from participating in judicial or quasi-judicial proceedings in which the official has a conflicting interest that may interfere with the impartial performance of his duties as a member of the public body”
The letter cites several cases, and concludes: “In conclusion, it is my professional opinion that Board Members are free to attend any City public meeting. However, Board Members should not make public statements in said meetings, even those not involving land use matters. Thank you for your consideration. Respectfully, F. Clifford Gibbons”
What do you think? Should Hoboken board members be restricted from speaking out at other public meetings in the city? Comment below!