Pine Barrens Tribune March 16, 2024-March 22, 2024

Pemberton Solicitor Says ‘Substantial’ Investigation Probing Mayor, Administration Now ‘Far Along’ with ‘Draft’ Results Expected Soon Some 25 People Have Reportedly Been Interviewed by Pashman Stein ‘Lawyers’ Exploring Claims of Sexual Harassment, Inappropriate Behavior and Retaliation

By D ouglas D. M elegari Staff Writer

PEMBERTON—An investigation into the Pemberton Township administration, with a particular focus on allegations that Republican Mayor Jack Tompkins engaged in sexual harassment and inappropriate behavior, and that when the claims were brought to administration, retaliation ensued, is a “substantial” one that is “far along” in the process, contended Township Solicitor Andrew “Andy” Bayer during a March 6 Pemberton Township Council session.

Resident Gaye Burton, a former Democratic council president and candidate for the 8th Legislative District, was the first to inquire about the status of the investigation, one that had been ordered by Pemberton Township Council, in what was a bipartisan decision, back in December.

Commencement of the investigation, as previously reported by this newspaper, followed a lawsuit, also filed in December, by Recreation Director Nichole Pittman alleging complaints had been brought to the administration back in July about the mayor’s alleged behavior, but that they weren’t followed up on for months, and instead she and her department were the subject of retaliatory actions.

Pittman, in her suit, also charged that “at least three other female employees, from three separate departments within the township, have complained about Mayor Tompkins’ inappropriate behavior.”

As has been previously reported by this newspaper, there is a separate wrongful termination lawsuit that had been filed by a now-former township employee, Belinda Fontanez, also alleging that such behavior had taken place, with a claim that after she tried to intervene on behalf of a purported victim and later refused to back away from her observations, she was demoted and then ultimately let go from her position, following medical leave due to a stroke she had experienced.

Both lawsuits are in addition to reports of two other filings, which reportedly are not lawsuits, that purportedly contain additional charges of sexual harassment and retaliation, according to three officials who have spoken to this newspaper on the condition of anonymity.

Burton, in inquiring about the investigation’s status, called it a “disturbing matter.”

“An investigation is ongoing,” Bayer responded. “It should be coming to conclusion very soon with a report coming

Pemberton Zoning Board Appointment Stalemate Ends with Mayor’s Prior Selection for Permanent Post Instead Made Alternate Member

Allegations Fly That Councilman Committed ‘Ethical Violation’ at Prior Session, His Vote Is ‘Influenced by Bias’ After Having Charged Appointee Mistreats Staff; Appointee Says He’s Good Person, Gentleman, Hasn’t Done Anyone Any Wrong

By D ouglas D. M elegari Staff Writer

PEMBERTON—An over two-month long stalemate involving GOP Mayor Jack Tompkins’ appointments to the Pemberton Township Zoning Board has now ended after some changes to Pemberton Township Council’s satisfaction were made on March 6, but not before Democratic Councilman Donovan Gardner was accused during the March 6 council session of having committed an “ethical violation,” among others, at a preceding session, as well as having voted with “bias,” with calls for a prior Feb. 21 council vote on the appointments to be “invalidated” because of the allegations.

Gardner, however, ultimately responded that “each councilmember has the ability to speak and think for themselves” in deciding an issue.

On Feb. 21, and back in January, council had declined to approve Tompkins’ requested appointment of resident James Boland to the zoning board, with the majority of council expressing a desire to have any permanent openings on the board first filled by an existing member who is seeking a re-appointment to a new term (which was apparently the case for

Lise Mainor), and then by any alternate members (with Rachel Delgado-Simmons having reportedly expressed a desire to be moved up from an alternate role).

Boland never served on the zoning board as either a permanent member or an alternate, but Tompkins contended that the appointment authority rests solely with him and that he was satisfied Boland attended enough zoning board meetings over the years to have garnered the necessary experience to serve on the body as a permanent member.

But Gardner, on Feb. 21, took things a step further in opposing Boland’s appointment, at one point declaring, “I for one have been on council for eight years, and personally I would not recommend James Boland to be on the zoning board, just from the way he treats the office staff and has conducted himself in here.”

And then when it came time for a vote on Boland’s appointment Feb. 21, while Gardner’s Republican and Democratic council colleagues expressed continuing concern about the “process,” Gardner said of his vote to deny the appointment of Boland as a permanent member of

See

ZONING

By D ouglas D. M elegari Staff Writer

PEMBERTON—An ordinance that has been in the works for months to create a Pemberton Township Economic and Business Development Committee, championed by Republican Councilmen Dan Dewey and Joshua Ward, both of whom earned the full support of their Democratic council colleagues in the endeavor, Paul Detrick, Donovan Gardner, and Elisabeth McCartney, has been vetoed by Republican Mayor Jack Tompkins.

The ordinance had passed 5-0 during a March 6 Pemberton Township Council meeting, but was vetoed the following day, March 7, by Tompkins (according to a public record obtained through a fulfilled Open Public Records Act [OPRA] request), threatening to derail a potentially major accomplishment for the Republican councilmen serving their first terms in a chamber where Democrats hold a slight majority, 3-2.

“I just think it is a shame for Pemberton Township,” said Dewey in a phone interview, after contending he first found out about the veto not from the mayor, but rather from Gardner, when the former council president and current Democratic councilman showed up for a March 7 Planning Board session and reportedly mentioned it to him. “You got two

guys trying to make this town better, and we are outvoted on everything we can do!”

As Dewey indicated to this newspaper, this was one of the few opportunities, thus far in their first terms, in which he and Ward had gotten their “hands on the ball” to “enhance” the town for the betterment of the people, in convincing their Democratic colleagues to join them in voting for the creation of the committee.

“I think he was afraid of losing power,” maintained Dewey when asked why Tompkins would have spoiled the bipartisan measure championed by two members of his own party. “But he is supposed to appoint everybody, and he has to OK it!”

Dewey, however, also answered, “I don’t know,” when asked if he thought Tompkin’s decision was in any way retaliation after he and Ward had twice joined with the Democratic councilmembers over the past two months to oppose the mayor on his first choice for a Zoning Board appointment (see separate story), in not ruling out the retribution possibility.

Dewey and Ward, of late, have also opposed the mayor on other issues, and, most notably, joined with their Democratic colleagues to overturn a mayoral decision to demote Recreation Director Nicole Pittman, with Pittman now suing Tompkins, Business

Administrator Daniel Hornickel and the township in what has become a highprofile, high-stakes legal battle that has led to an ongoing investigation of Tompkins and the administration.

Tompkins, when the ordinance to create the Economic and Business Development Committee had come up for a second reading and public hearing on March 6, immediately asserted, “After reading this, I have some serious concerns.”

Among the concerns he cited is that the measure would require appointments to the prospective “volunteer committee” within 30 days, calling it “just unrealistic.” Right now, he continued, “we have a hard time getting volunteers” to serve on the current boards and committees of the township.

Another concern Tompkins identified that he had is that the ordinance specifically requires the appointment of a member of the Browns Mills Improvement Association (BMIA) to the prospective committee while “there are other civic associations in this town.”

“They are excluded,” he maintained. “It shows preference. All or none should be represented as far as I am concerned.”

The mayor also contended that by having the prospective committee make recommendations to the township’s director of Community Development, and for inclusion in the municipality’s five-year Urban Enterprise Zone (UEZ) plan, as the ordinance initially called for on March 6, it is at odds with those activities being a current “function of the mayor’s office.”

“This committee should advise the council and mayor,” said Tompkins of his position. “It should not have any direct interference with any of the departments.”

The last point of contention that Tompkins identified entails the requirement that the prospective committee issue “quarterly reports to council.” But for other advisory committees, the mayor pointed out, such reports are only an annual requirement.

“I feel you are going to put more burden on the volunteers,” he said. “… The volunteers are not going to stick around too long if you do that.”

Overall, Tompkins maintained, “I think what we should be doing is advertising or coordinating with our local businesses and encouraging them to form a Chamber of Commerce external to our local government, and not create more bureaucracy.”

Ward, in responding to the concerns of Tompkins, said he doesn’t think the proposal “relieves the mayor or administration of any of their duties to the community.”

“This was something that has been in the works now since August, or September, when we had a special meeting on business (detailing how the township might go about bringing different industries to town and soliciting feedback on which ones the community would like to see added) and this was brought up. The fact of the matter is we are just making some minor amendments to what is already in the codebook, as far as verbiage.”

Ward asserted he was “kind of confused” by the mayor’s position because such committees for other municipalities throughout the state do a “very good job.”

“I don’t think we are creating more bureaucracy,” Ward retorted. “I think we are creating more inclusion and giving the people, who want to volunteer for this board, a chance to help out and assist.”

Ward received a round of applause from members of the audience.

While the Republican councilman acknowledged there is an issue with finding volunteers, and not just in Pemberton, but nationally, he contended “if you have a good program, I guarantee you people will want to come out and assist and help us out.”

Proof of that being the case, Ward maintained, is that when he and Dewey were first seated on the council, the sessions had three or four attendees, but the meeting attendance has since blossomed to a regular attendance of at least 15 to 20 people.

“I think there is a growing concern in our community,” he declared. “The citizens want to step up and be part of the committees.”

Ward, in pointing to the recent creation/ revitalization of the Agricultural Advisory Committee and Historical Commission, contended that they are doing well.

“We will be hard-pressed to find anybody who doesn’t want to volunteer and be on this,” said Ward of the prospective economic committee. “I have been approached by several different people already, who expressed an interest in this.”

As was pointed out by both Gardner and Ward, the ordinance allows for the appointment to the prospective committee of up to two students from the Pemberton Township High School’s Future Business Leaders of America (FBLA) program. The students, Ward said, might, as a result of gaining familiarity with the civic sector, also move towards that line of work and enjoy the opportunity to have a “stakeholdership” in their community.

Gardner pointed to the recent activism by township college student Alex Costa, who has been advocating for high-speed internet for all residents in town, as some residences still don’t have access to the service, asking, “So, you have young people who want to volunteer, why exclude them from coming here?”

As far as Gardner was concerned, the more input from the community, the better, while also pointing out that council chambers was filled when council held the meeting to specifically discuss business development in town.

“Everyone wanted to give input,” Gardner said. “Who knows, there is probably another idea out there that we haven’t thought about yet. It is a good thing that it involves so many people who are in the trenches, so to speak, and who see what is going on. There are only five of us up here, and this is a big township, and we don’t see everything.”

The Democratic councilman called it a “good thing” that everything that would be talked about would come back to the mayor, and in addressing the mayor’s quarterly report concern, Gardner contended quarterly reports “keeps the interest going.”

“Who is going to remember what happened last year?” asked Gardner of if there was only an annual report put together. “Positive flow, positive stuff. It is a good program.”

As far as the mayor’s concern about

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Marcus W. Newcomb Middle School.

“The owner said he made about 50 pizzas,” said Glass, smiling as he told this reporter that at one time it had been a consideration to invite all the schools to the event in hopes that it would be well-attended.

To him, the turnout at the first-ever Pizza with the Police event involving just a single township school is an indication that such events are important, appreciated and can have tremendous impact in furthering relationships, and demonstrate a need to establish more such opportunities.

Pizza with the Police was in addition to the officers having recently visited with students at Denbo-Crichton Elementary School for the school’s annual “Lunch with a Cop” event on Feb. 21, in which officers sat with students during their lunch periods, signed autographs and interacted with pupils outdoors at lunch recess.

Glass told this newspaper he has already met with the local school district to explore additional ways in which his department can become more involved in the township schools.

“Greater interaction” between the police and youth, he said, is a top priority for him.

Glass, a father of three elementary school kids, ages 4, 6, and 8, and who had been serving for several months as the municipality’s acting police chief prior to taking the oath of office for the chief’s post on Feb. 21, recounted having been asked by his wife not too long ago why there wasn’t a Law Enforcement Against Drugs (L.E.A.D.) program for the township middle schools.

So, Glass, as Former Police Chief Jay Watters’ tenure came to an end, looked into the program last year for sixth grade students and “was able to implement it with the permission of Chief Watters.” The 202223 school year, he noted, “saw our first class graduation from the L.E.A.D. program.”

The program, the chief explained, is designed to not only deter youth from drug use and drug-related crimes, but also bullying and violence.

“We’re here to interact with our youth,” the new chief told this newspaper. “We want to be seen more in the schools. We want to be in the schools.”

Glass is a believer that one must

“plant seeds” of success at an early age to “try to reach these kids.” Already, he maintained, with just the start of some of these programs, he and his officers are seeing results.

When asked about progress on Sunbury Village, a community which has had its fair share of violence over the past decade, Glass pointed to a planned “Community BBQ,” noting, “we all eat the same thing” in conveying his belief that common ground can be found between the police and community, helping to solidify partnerships.

In returning to the Pizza with the Police event, Glass pointed out that it was the students of the Pemberton Township High School's Culinary Arts Program who baked the cookies and muffins for the event.

These opportunities for interaction and collaboration, he maintained, is something he simply “didn’t have” when he had attended Pemberton Township High School.

Soon-to-be unveiled trading cards containing the names and faces of Pemberton Township cops (a fun educational tool modeled after professional baseball style trading cards) is another opportunity that Glass is hoping will draw a lot of interest from township youth and their families, in informing this reporter the cards are already on order.

As one manufacturer of the cards put it, “the cards are a great icebreaker to open the line of communication” and a “familiar way for kids to get to know their local police officers.”

Establishing a Traffic Safety Unit to Focus on Speeding

Currently, as Glass described, officers with the local force assigned as traffic safety officers are “not always dedicated” to traffic enforcement, and at times have to respond to an emergency call, for example.

The new chief, however, envisions establishing a Traffic Safety Unit comprising “traffic safety officers” assigned solely traffic detail, recognizing that speeding in township neighborhoods has been a longstanding and continuing concern.

He told this newspaper he would like to see officers with the unit assigned to specific neighborhoods or roads to monitor for “traffic violations,” and would “deploy them independent of the regular road guys.”

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Photo Provided

Newly sworn-in Pemberton Township Police Chief Jonathan Glass, second from left, and newly-appointed Captain Jason Luis (far left), celebrate their promotions with former department chiefs Jay Watters (center right) and David King (far right).

Responsibilities of the special unit would include not only running radar, but establishing and manning roadside checkpoints, as well as investigating serious motor vehicle collisions.

Business Administrator and Police Director Daniel Hornickel recently told this newspaper that “If we’re able to increase manpower in the police department, we’d like to establish a traffic enforcement bureau to address particular locations where residents have expressed concerns about speeding or erratic driving.”

The idea is in line with the priorities of Mayor Jack Tompkins, who during a February council session told a citizen concerned about speeding that it was speeding issues that led him to start getting involved in town, and attend council meetings, and that since being elected to office, he has had discussions with the police department about focusing on addressing such activity.

Glass told this newspaper that there are currently 48 police officers in the force and that he “would love to increase” the number of township cops.

The New Jersey Civil Service Commission has announced the upcoming 2024 Entry Level Law Enforcement Examination, he pointed out, with an anticipated date for the examination in the summer of 2024.

The department, he noted, is holding a “mentoring session” in hopes of fostering recruitment ahead of the exam. Although the event was held March 14, anyone still interested in joining the force and getting some guidance can email Sgt. Thomas Lucas at tlucas@pembertonpolice.com .

Getting to Know the New Chief: ‘I Just Wanted to Do It’

Glass, quick to point out he is a Philadelphia Eagles fan, acknowledged that when he meets with other municipal police chiefs from across Burlington County, he is the youngest in the room – at only age 37.

Initially, he worked for what had been the Burlington County Juvenile Detention Center in Pemberton Township. Then he got word Pemberton Township was hiring police officers. So, he pursued becoming a township cop.

It just so happened when Glass landed the job and was preparing to break the news to his then-employer, he learned that his position at the center was going to be eliminated (youth are now transferred out of county if they are detained).

As he put it to this newspaper, the career opportunity to join the Pemberton force was a “Godsend.”

Typically, when this newspaper interviews police or fire chiefs, they often talk about how being a cop or firefighter, or having chosen military service, runs in the family and that is what led them to pursue their career choice.

But that is not so for Glass. His mother was a librarian, and his father is a Baptist minister. Glass said he was “raised in the church.”

“I just wanted to do it,” said Glass of why he chose becoming a township cop. “It is an honorable profession.”

He couldn’t immediately point to any one thing or event that made him want

to become a cop, but when asked if it was perhaps television that had introduced him to policing, he answered, “It had to have been.”

However, upon further thought, he recalled his interactions with now-retired Pemberton Officer Kenneth Volk, who at one point served as a school resource officer (SRO).

A member of Class 98, Glass graduated from the then-Burlington County Police Academy, together with Jason Luis, the latter who was promoted to the rank of captain on the same night that Glass was sworn in as municipal police chief.

Luis is the first to serve in the new role of captain, and is considered division commander, which comes with the responsibility of being the second in command of the local police agency.

Both men, according to Glass, enjoy a tight bond, having joined the force on Sept. 23, 2009, and risen through the ranks together.

Glass, prior to becoming chief, was promoted to the position of detective in 2018, made a sergeant in 2019 and in 2020 became a lieutenant. Initially, he “stayed in patrol” in what had been the department’s highest earned rank outside of the chief’s position, but ultimately was assigned as the agency’s administrative lieutenant.

Making People ‘Want to Be Here’ Through ‘Team’ Effort

“It has to be,” Glass told this newspaper of a “teamwork” approach to solving problems in the community, including in the downtown, or Browns Mills, by partnering and collaborating with all of the different departments of the municipal government, as well as various county and state agencies.

He wants to partner with the Department of Public Works and director of Community Development, in particular, to address different issues, including in the downtown.

This newspaper recently reported on two initiatives that Glass has already joined forces with Community Development in launching – one to eliminate shopping carts downtown, and the other to address homelessness in the vicinity of the Browns Mills Wawa store.

Glass recounted to this reporter having personally stopped a man who was taking a shopping cart across a dam, and it is what prompted him to collect all the carts downtown, working in conjunction with the “team,” and returning them to the Acme store in Browns Mills, where they apparently belonged.

He also recounted a recent event in the parking lot of what had been the Red Carpet Inn, next to the Wawa, in which various agencies were brought directly to those struggling, highlighting available programs to assist the homeless, including those who may have ended up in a predicament from either suffering from drug addiction or because they are military veterans.

While some individuals are still continuing to resist in getting the help that they need, Glass declared, “it doesn’t mean we stop trying.”

Glass expressed to this newspaper that he envisions a future in which the downtown makes a turnaround, thanks in part to his contributions.

“I love this town, and I think I can improve it to the point where people want to be here,” Glass declared.

Already, he contended, “a lot of great things are going on out here” and “I hope that I can keep that up.”

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the zoning board, “As long as I am on this council, if Mr. Boland comes up for anything, it is a ‘no’ for me.”

Gardner added on Feb. 21 that he “wished” Township Clerk Amy Cosnoski was currently a “councilwoman,” and therefore, could speak out about “how he (Boland) addresses them in the office.”

But despite her presence at the dais that night, she never spoke out to confirm or deny the allegations made against Boland.

Resident Robert “Pete” King, also a member of the Pemberton Township Board of Education (he is the school board’s vice president) who serves as a liaison between the school board and township, during the first council public comment session on March 6 that followed the tense vote, in calling out Gardner by name, charged that “you acted in an unprofessional manner” and “got downright personal.”

“I believe you tainted the voting, and I believe the vote should be discarded,” King maintained. “If you felt that strongly, you should have recused yourself or abstained completely from the vote as you could not vote objectively in the best interests of the township, just from your personal views. I also consider it an ethical violation, a moral violation, and a personal violation against Mr. Boland.”

King added that “Mr. Boland deserves an apology from the council for allowing that type of behavior to be perpetrated on the people here in the township, and against a member of the township.”

The Pine Barrens Tribune, just prior to the March 6 council session, had been phoned by Boland, who left a message that he had planned to give a rebuttal during the March 6 session.

“I read the article in the Pine Barrens Tribune, and it was chock-full of things that Councilman Gardner had to say about ‘James Boland,’” said Boland upon approaching the dais. “Now that I am here, I am going to respond. My experience was questioned because Mayor Tompkins wanted to appoint me to the zoning board.

“Maybe you all didn’t know that I participated in dozens of zoning board meetings. I learned about the ‘application’ process. I understand what a ‘use variance’ is and what ‘pre-existing nonconformities’ are. I know what ‘memorialization’ means. And I listen to the residents, I visit the sites and I have presented to the board my suggestions and my thoughts on how an applicant and neighbor could co-exist in harmony. Still, Councilman Gardner said he didn’t see how I could be qualified to be a member or an alternate, and he did so without any explanation to back it up.”

Boland charged that on the evening of Feb. 21, “my name was dragged through the mud.”

“Councilman Gardner accused me of mistreatment, again with nothing to back it up,” Boland said. “I think the line was crossed there, but Councilman Gardner went further. He said if ‘James Boland’ is up for anything, the answer would be ‘no.’ And then the council voted. That vote should be invalidated because it was influenced by bias. Councilman Gardner demonstrated that he cannot be impartial. He should have recused himself, not just from the vote, but from speaking on the matter entirely.”

Boland called “serving the community” an “honor” and contended that “everyone in this room should be treated with respect” at all times.

“This isn’t middle school,” he declared. “Stick to the issues and the solutions.”

Boland said that while he hasn’t yet served on the zoning board, he had been asked to serve on another board by previous Democratic Mayor David Patriarca, as well as by a current councilmember.

“So, I don’t think zoning is out of the question,” asserted Boland in suggesting he had drawn bipartisan interest in the past to serve the community.

The appointments to the township boards and committees “should not be about pettiness,” nor should they be “about council versus the mayor.”

“I am talking about the same ‘James Boland’ who had the same views, same approach and same involvement with the last mayor and current mayor,” declared Boland of himself. “There is no difference. I am the same person, and I represent nobody but maybe myself and the community as a whole.”

Boland tried assuring the council that he is “following no one’s agenda” and he is also “carrying no one’s torch.”

“This should strictly be about what is best for the community,” he said. “Council has the power to make a motion … to do whatever it takes to not short that zoning board (which reportedly has been unable to meet due to a lack of quorum). Personal issues have nothing to do with this. I am a good person, a gentleman and have not done anyone any wrong.”

Before he sat down, Boland reaffirmed his position that the Feb. 21 vote “should be invalidated,” and again alleged it was “influenced by bias.”

“That is not the way it should be – not at all,” declared Boland, before asking the council if any of its members had any questions for him while he was present.

But no questions were asked of Boland. Instead, Democratic Councilwoman Elisabeth McCartney pointed out that “the reason why I questioned the appointment for the zoning board was just the process of it.”

“It would not matter to me who is an alternate,” she maintained. “It had to do with the whole process of it.”

McCartney, as she did on Feb. 21, explained her belief that the appointments to a township body should be similar to that of a jury, or when a juror is absent, the alternate jurors “usually get moved up.”

“I was not looking at names,” she said in appearing to distance herself from the comments of her Democratic colleague. “I was looking at the ‘process.’”

When Boland point-blank asked McCartney, “Do you want me on the board or not?”, McCartney repeated her prior vote was based on her having been “concerned about the ‘process,’” not a “personal opinion,” of which she declared of the latter that it “should not have anything to do with it.”

When Boland proceeded to ask another question of the councilwoman, Township Solicitor Andrew “Andy” Bayer snapped at Boland (the two have engaged before when Boland, in prior years, got into it with the previous all-Democratic councils on matters) that public comment isn’t meant to be a “cross-examination,” with Boland retorting that Bayer was simply “looking

to pounce.”

Later in the council session, when yet another attempt was made by Tompkins to fill the zoning board vacancies, this time the mayor abandoned the idea of appointing Boland altogether.

Instead, the mayor asked for council approval of a resolution reappointing Mainor to the zoning board and moving Delgado-Simmons into the second permanent opening on the body.

McCartney, however, in reacting to the latest measure, questioned why Boland was not being appointed by the mayor to the open alternate position on the zoning board.

“I am thoroughly confused,” Tompkins responded. “I had Mr. Boland on the reorganization agenda to appoint him to the board, and had it on there for the last

meeting, and overwhelmingly, the vote was not to put him on the board. You are sending a mixed signal to me.”

That led Republican Councilman Dan Dewey to snap back at his 2022 running mate, asserting, “With his nomination, you were skipping two alternates!”

“Our question was why weren’t the two alternates being moved up, and then him put on as an alternate!” Dewey said.

Council President Paul Detrick, a Democrat, turned to the resolution in appearing to try to get cooler heads to prevail, noting that it “looks to me that you are renewing Mainor as a full member of the board and raising Rachel from an alternate spot to a full-fledged member.”

But when McCartney once again

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DOWN

1.Sort

2.Shabby

3.Fascinated

4.Expeditions

5.Performed

6.Highway

7.Stylish

8.Rosebush prickle

9.Thanksgiving and Christmas

10.Fleecy females

11.Different

17.Twosome

19.Hair tamer

22.Chomped

23.Honest ____

24.Income

25.Part of a Reuben: 2 wds.

26.Target

28.____ whiz!

29.Misspeak

31.Nourished

32.Gives to charity

34.Festive party

35.Flight

37.Deserves

38.Military-school student

39.Lawn pest

40.Sincere

41.Art ____

42.Recreation

43.Doorway out 44.Uses a couch

46.Ticket

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questioned why Boland was not being made an alternate, Bayer pointed out that the appointing authority rests with the mayor.

“I am not opposed to adding Mr. Boland to this resolution, but my fear is if I add him, it will be shot down,” Tompkins said.

The mayor’s remark once again drew the ire of Dewey, who shot back, “I don’t think so!”

“With this resolution, we are doing the right thing!” Dewey further retorted. “You wanted to put Mr. Boland on the zoning board and skip two alternates!”

Tompkins, however, answered back, “The ‘right thing’ would be who ‘I’ appoint!”

Dewey, however, in one of many fiery moments on March 6, snapped, “the ‘right thing’ is I asked Mr. (Timothy) Haines (the zoning board chairman) his opinion and he said the alternates should be moved up and James could then be an alternate!”

“And that is from the chairman, and that is the ‘right thing’ to do,” Dewey declared. “I can’t see you skipping two alternates who have been there for two years! It is nothing against him (Boland)!”

Tompkins, in response, repeated his fear that the resolution would be voted down if Boland’s name was included and the zoning board would again face a lack of quorum,

which could be “even better.”

the Community Development director receiving recommendations and reports, “she needs help” and “has been behind” and the group can be a “liaison” on the economic development front to “get things out there” on her behalf, Ward added. Ward noted when he had recently asked for a list of businesses receiving UEZ assistance, it was found the list in the Community Development office was outdated, containing even businesses that have been shuttered.

“We are not trying to step on anyone’s authority,” Ward declared. “That is not the intent.”

Different people, said Gardner in piggybacking on Ward’s position, can bring different experiences to the table,

Detrick, a Democrat who is also council’s current president, noted he is “not against the idea in principle,” but that if the director of Community Development needs more help, in “playing devil’s advocate,” the receipt of recommendations and reports by the director “sounds like she is going to be getting more work.”

“I don’t want to overburden her because she has a lot on her plate,” said Detrick, to which Ward responded that he had already spoken to the director (Rosemary Flaherty) about forming the committee and she was, “championing the idea,” causing Detrick to declare, “Fair enough.”

“I think it is well written,” said Dewey during the March 6 council session in also weighing in on the idea of forming the committee. “I think it is something the town needs. And if this is passed, I will be the first volunteer for the committee.”

but quipped, “’Third time is a charm’ is a common phrase around here anymore!”

He then requested of council that Boland be appointed to a four-year term as an alternate on the zoning board, but Bayer later pointed out that zoning board alternates can only have two-year terms on the body (the later revised resolution reflects the correction).

The measure, with the requested amendment, passed 4-1, with Gardner casting the lone opposing vote in keeping with his earlier commitment to deny any appointments of Boland. It appeared, for the moment, the request for the rescindment of the council’s Feb. 21 decision went by the wayside because of the new decision.

McCartney, in reviewing Tompkin’s concern about the specificity of the ordinance’s language requiring a BMIA member to be appointed to the prospective committee, said, “We might want to open it up, just to be fair,” noting there are several civic organizations in town besides the BMIA.

Bayer, prior to the ordinance’s adoption, suggested that the law be amended slightly to allow for an appointment of any member of a “local civic association,” and said while the proposal does say any recommendations are to go to the “mayor and council,” it also includes that they go to the director of Community Development, and that could be an “infringement of powers” issue.

As far as the quarterly report concern cited by the mayor, Bayer believed some could be unstated, and that even if one was not submitted, “nothing is going to happen” other than official’s “urging” they be completed.

Council voted to adopt the ordinance

At the very end of an over four-and-a-half hour long council session that was filled with plenty of fireworks on other issues, Gardner responded to the earlier charges of King and Boland.

“Earlier it was stated I make decisions on a personal level,” Gardner recounted. “For as long as I have been on this council, I have made decisions in the best interests of the township. It was also stated that I am biased. Each councilmember has the ability to speak and think for themselves. So, therefore, what each person says does not relatively apply or influence the other ones. And speaking about said person I supposedly made this bias against; your questions were answered.”

with the changes, as described by Bayer: “there shall be one seat to be filled by a member of a local civic association to serve as a non-voting member of the committee” and “to make recommendations to the mayor and council regarding any ways or means,” with the latter language revision “eliminating the director of Community Development” from the process.

Bayer asked if the council wanted to broaden the “time constraint” for the mayor to make appointments from 30 days, and Detrick, in reviewing the changes once more, mentioned 60 days.

All “three changes” were incorporated into the unanimously adopted version.

Tompkins, in his veto, still declared of the 60-day appointment period that it is “unrealistic” (that despite Township Clerk Amy P. Cosnoski pointing out during the session that due to advertising requirements,

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INVESTIGATION

(Continued from Page 2)

back to the council.”

Burton, in response, asked, “Will the council be forthcoming with that, and transparent with the outcome of that report?”

“We haven’t seen the report yet,” answered current Council President Paul Detrick, a Democrat. “I imagine the five of us (three Democrats and two Republicans) will put our heads together and decide what happens when we see the report.”

Burton asserted that she “truly appreciates that,” maintaining that “what is going on right now is ridiculous.”

Resident Tom Hughes pressed officials on whether the allegations at issue were “handled internally” or referred to the “police department” or a “third party”

VETOED

(Continued from Page 8)

it would add an additional 20 days on to any period), and maintained his disagreement with the prospective committee having any input on the UEZ plan, contending it is a “function of the mayor’s office.”

for investigation.

“And how is that being processed?” he asked.

Initially, Bayer responded that he would advise officials to “hold off” on responding to Hughes’ question “because it is the subject of an investigation,” but when the resident expressed astonishment that officials “can’t tell us how it was handled” or whether it was “given to the police department,” Bayer replied “it is being investigated as we speak” and that “lawyers in my office have been assigned to do that.”

“It is far along,” Bayer added. “It is getting closer to a resolution.”

Hughes asserted, in response, that the public “deserves the right to know what ‘actually’ happened” versus having to rely on “rumor mill.” The findings, “good or bad,” he added, should be revealed publicly, as well as “how it is going to be handled.”

“We are eager to find out the same things you are eager to find out,” Detrick told Hughes.

When Hughes asked if the investigatory findings would take “weeks or months” to be released, Bayer initially answered he is “not writing the report.”

“But I will say 25 people have been interviewed,” Bayer maintained. “It is a substantial investigation. There is some left to go. We would hope we would have a draft report to review with council … in

The veto document also reflects his continuing disagreement with the “required quarterly reports,” with him writing, “This is a committee comprised of volunteers, not paid workers.” Therefore, he said, the number of volunteers that step forward might be limited.

“I suggest local business owners form a Chamber of Commerce external to local

either two or four weeks.”

Hughes, at one point, contended “this is something that has been going on for quite a while” and the “longer it is drawn out, it seems like it escapes everybody’s radar in the community, and nobody wants to keep it on the front page.”

When he told Bayer and the council that he hopes they work to “keep it at the front page” and that it is “very important for us to know what happened,” the audience in council chambers on March 6 burst into applause.

One resident later maintained to this newspaper that when the questions were being asked about the invesvtigation, Tompkins, present for the meeting, left the dais and slipped into a conference room next door.

The Pine Barrens Tribune previously reported that an email obtained by this newspaper through an Open Public Records Act (OPRA) request shows that Business Administrator Daniel Hornickel, also a named defendant in the Pittman suit (in addition to Tompkins and the township at large), had forwarded one of the claims, involving a report that had been relayed to Pittman alleging “sexual advances” were made by the mayor towards a minor working a township concession stand, to the police department for investigation.

The minor’s mother also works for the township, with Pittman alleging that the mother employee expressed to her that she was “fearful of retaliation,” and therefore, had declined to pursue the matter further.

Hornickel, also the township police director, after initially declining to comment on the matter, broke his silence following a report by this newspaper, contending that the mother

government,” wrote Tompkins, before affixing his signature to the veto document.

Now that the mayor has exercised his power of veto, the majority of council can override the mayor’s veto, the basis of which is why Tompkins’ predecessor, David Patriarca, never decided to veto a cannabis ordinance that was passed, despite his vocal opposition to it, believing it would simply be overturned.

of the minor, as well as the purported victim, “declined to participate in the investigation and no witnesses came forward to provide information about the report,” and therefore, the case was closed by police. The mayor, he added, “was not privy to any of this.”

There is no police report on the matter, however, the Township Clerk’s office previously told this newspaper in response to an OPRA request.

This newspaper also reported on claims by officials that a significant number of employees remain afraid of coming forward for purposes of the council-ordered investigation, also fearful of retaliation.

A high-ranking official again held to that claim when queried for this story on March 10, noting that the interviews by the law firm of Pashman Stein were expected to conclude “by the end of this week,” but adding that a key person did ultimately decide to come forward for an interview. Other than that, Bayer, the individual said, is keeping what has been learned “close to the vest.”

“At this point, we know there are allegations, but we really don’t quite know the difference between allegations and truth right now,” said Democratic Councilwoman Elisabeth McCartney. “But for the record, as a council, we are all, individually and as a group, committed to making sure we do get to the bottom of it, and we will follow up from the report of the investigation.”

Tompkins, for his part, previously told this newspaper that “I do believe that I act appropriately as an official,” though he acknowledged he has cussed while on the job.

While mayoral vetoes in Pemberton are uncommon, they have happened before, including in 2011 and 2013, according to public records.

Ward, during the March 6 session, while at one point he said he could “understand partially where the mayor is coming from,” at another point declared, “I understand your concerns, but I think they are misplaced.”